Fleeson Publications

What Should You Do If Your Oil or Gas Well Stops Producing?

By Dave Seely Royalty owners are sometimes surprised to learn that an oil or gas well for which they have been receiving royalty payments has ceased producing oil or gas. Sometimes that discovery is made out in the field, by seeing a pump jack sitting motionless, an oil tank whose level does not change, or a gas meter that no … Read Article

Recent Cases and Rulings Affecting Estate and Business Succession Planning

The following article originally appeared in newsletter of the Kansas Bar Association Real Estate, Probate and Trust Law Section. It is reprinted here by permission. By Mike Cannady RECENT CASES Steinberg v. Commissioner, 145 T.C. No. 7 (Tax Ct. Sept. 16, 2015) — Assumption of Liability Reduces Value of Gift to Donees In … Read Article

Oil and Gas Leases Must be Drafted Carefully to Avoid Confusion and Uncertainty

By Dan Lawrence In the relationship between the owners of oil and gas and the operators who explore for, develop, produce and sell those minerals, there are few issues that cause more heartburn and strife than the calculation of royalty payments. Mineral owners receive royalty payments accompanied by paperwork from the produce… Read Article

Change in Law Makes Probable Cause Affidavits More Accesible

[caption id="attachment_4234" align="aligncenter" width="410"] Fleeson Gooing attorney Lyndon Vix argues for the release of probable cause affidavits in Reno County District Court.[/caption] By Lyndon W. Vix In 2014, the Kansas Legislature enacted a new statute allowing greater public access to the probable cause affidavits t… Read Article

OSHA Changes Reporting and Recordkeeping Requirements for Employers

By Lyndon Vix A new rule enacted by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) changes the reporting requirements for employers who have employees killed or injured on the job. The new rule, which takes effect January 1, 2015, requires employers to notify OSHA within eight (8) hours … Read Article

More Recent Tax Developments Affecting Estate and Business Succession Planning

The following article originally appeared in the Fall 2014 newsletter of the Kansas Bar Association Real Estate, Probate and Trust Law Section. It is reprinted here by permission. By Mike Cannady   RECENT STATUTORY DEVELOPMENTS SPENDTHRIFT PROVISIONS IN KANSAS UNIFORM TRUST CODE AMENDED K.S.A. 58a-502 was amended effec… Read Article

Recent Developments Affecting Estate and Business Succession Planning

The following article originally appeared in the Summer 2014 newsletter of the Kansas Bar Association Real Estate, Probate and Trust Law Section. It is reprinted here by permission.   By Linda K. Constable RECENT STATUTORY DEVELOPMENTS ADMINISTRATION'S 2015 BUDGET AND TREASURY EXPLANATION The Administration's 2015 Bud… Read Article

Changes to Federal Court Subpoena Rules Can Affect Business and Individuals

By Ryan K. Meyer Rule 45 of the Federal Rules of Civil Procedure addresses the ability of federal court litigants to obtain relevant information from individuals or entities that are not parties to the litigation. This generally involves the issuance of a subpoena directing the recipient to appear to testify and/or to produce … Read Article

Kansas Legislature Restores Reasonableness Standard to the Kansas Restraint of Trade Act

By Ali Marchant Kansas courts have consistently interpreted the Kansas Restraint of Trade Act (KRTA), K.S.A. 50-101 et seq., in a manner consistent with federal antitrust law, which applies a “rule of reason” to determine whether a restraint against trade is reasonable, and as a result, legal. In relation to non-co… Read Article

Understanding Eminent Domain

Eminent domain is the right of a government entity or other lawfully designated authority (such as a utility company or pipeline) to take private property for public use without the consent of the owner of the property. The government entity or company is known as the "condemning authority" in eminent domain/condemnation law. … Read Article

Non-Compete Agreements Not Always Enforceable Under Kansas Law

By Ron Campbell It is not uncommon for an employment agreement to include a provision prohibiting an employee from competing with his or her employer upon termination of employment. These provisions are generally enforceable under Kansas law. It is longstanding Kansas public policy that freedom of contract is not to be interfe… Read Article

Blue Ribbon Commission Recommends Changes to Kansas Court System

By Brooks Severson In late 2010, the Kansas Supreme Court formed a Blue Ribbon Commission to evaluate and make recommendations regarding the operations of the Kansas court system. The Court appointed Court of Appeals Judge Patrick D. McAnany to chair the Commission and then proceeded to appoint 23 additional members of varied … Read Article

Guidance for Foreign Corporations Doing Business in Kansas

Fleeson Gooing members John Gerdes and Kent Meyerhoff co-authored a chapter in the recently published Kansas Bar Association handbook, Kansas Corporation Law and Practice, Fifth Edition. The chapter is entitled “Foreign Corporations Doing Business in Kansas.” The chapter addresses many of the issues facing out-of-state cor… Read Article

Wichita Attorneys Help Preserve Aviation Heritage

By Dan Lawrence The first concrete product of the aviation industry in the City of Wichita manifested in 1917 with the manufacture of the single-engine, 60-horsepower Cessna Comet. In subsequent decades, the activities of Lloyd Stearman, Clyde Cessna, Walter Beech, and other entrepreneurs cemented the city’s identity as the… Read Article

Federal Judiciary Explores Cameras in the Courtroom

By Lyndon W. Vix In 1954, Dr. Samuel Sheppard was tried and convicted in Cleveland, Ohio for the murder of his wife. The case was highly publicized; so much so that his conviction was subsequently overturned by the United States Supreme Court due to the prejudicial effect of the publicity and the manner in which the trial had … Read Article

Kansas Legislature Makes Significant Changes to Workers Compensation Law

By Ali N. Marchant On May 15, 2011, the Kansas Workers Compensation Reform Act took effect, putting in place the first significant reform in Kansas workers compensation laws since 1993. The new Act is the result of negotiations between business and labor interests, and it was passed unanimously by both the Kansas House of Repr… Read Article

Mechanic's Liens Must be Done Right to be Effective

By Adam R. Burrus Mechanic’s liens provide vendors and laborers with an important way of protecting themselves from the danger of not being paid. However, if the liens are not created correctly that protection can be lost. Kansas law allows an entity providing improvements on real property a mechanic’s lien for the amount… Read Article

Kansas Cracks Down on Misclassification of Employees as Independent Contractors

By David G. Seely The Kansas Legislature has joined the U.S. Department of Labor and the Internal Revenue Service in stepping up efforts to address the misclassification of employees as independent contractors. Substitute House Bill 2135, which was signed into law by Governor Sam Brownback on Thursday, May 12, 2011, empowers t… Read Article

The Importance of an Effective Records Retention Policy

By Jason R. Bock Why Have a Record Retention Policy? It is important for every organization to have an established Record Retention Policy (RRP) that provides for the retention and destruction of documents and other records maintained by the organization. Over-saving records, storing them indefinitely or simply longer than need… Read Article

Construction Law Update

Kansas Federal District Court Clarifies the Interplay Among “Pay-If-Paid” Clauses, Surety Bonds and the Kansas Fairness in Private Construction Contract Act By Chuck Millsap In the case of Faith Technologies v. Fidelity & Deposit Company of Maryland, No. 10-2375-MLB, 2011 U.S. Dist. LEXIS 7688 (D. Kan. Jan. 26, 2011)… Read Article