Fleeson Publications

Free KBA Membership for Kansas Paralegal Students

The following article, authored by Fleeson Gooing paralegal Cheryl L. Clark, was originally published in the Journal of the Kansas Bar Association.  

The Latest Developments and Happenings in Wichita’s Tech Community

This article, authored by Fleeson Gooing attorney Sam Foreman, first appeared in the Tech Bytes feature of The Wichita Eagle.   A brief overview of what’s happening in Wichita’s technology community, what’s coming up, and how to stay informed and connected. The Download WSU Cybersecurity: WSU is launc… Read Article

New Copyright Rules Affect Website and Mobile App Operators

By Samuel R. Foreman Website and mobile app operators need to take note of an important legal change that affects their potential liability arising from user-posted content. In some circumstances, a website operator may be liable if a user posts content that infringes on someone else's copyright—for example, pictures or … Read Article

Proposed Overtime Rules Would Impact Employers

By T. Chet Compton For many years, employers have not been required to pay overtime to certain executive, administrative, and professional (“white collar”) employees because those employees have been treated as exempt from the overtime pay requirements of the federal Fair Labor Standards Act (“FLSA”). I… Read Article

Navigating the Waters of Death Claims Under Kansas Law

By Brooks Severson When a person dies as the result of someone else’s negligence, the decedent’s legal heirs, as well as the personal representative (executor or administrator) of the decedent’s estate, may be able to sue for damages. The first step in determining whether a claim is available is to analyze l… Read Article

Trends in the Paralegal Profession

This article, authored by Fleeson Gooing paralegal Cheryl Clark, originally appeared in the May 2016 edition of the Journal of the Kansas Bar Association. It is reprinted here by permission. As technology innovations continue to permeate the legal profession, paralegals have realized tremendous opportunities to develop the ski… Read Article

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… 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) ho… 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 eff… 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 … 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 interfer… 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 … Read Article