Approved for 7.0 hours of CLE Credit, including 1.0 hour of Ethics & Professionalism in Kansas and Missouri.
This program has been accredited for 7 RL, RPL or CPL recertification credit(s) (CEU), and 0 CPL/ESA, and/or 1 Ethics credit(s) (CEU Ethics), for a total of 8 credit(s). (Number of credits accredited or claimed for 100% participation in this educational program).
43rd Annual KBA/KIOGA CLE
Friday, October 12, 2018
The Wichita Boathouse, 515 S. Wichita St., Wichita, KS 67202
8:30 a.m. Check-in & Continental Breakfast
9:00 a.m. Title Opinions and Issues Panel
Karl Swartz (Moderator) Morris Laing Et Al, Wichita
Roger L. Theis, Morris Laing Et Al, Wichita
David Bengtson, Stinson Leonard Street LLP, Wichita
Kenneth S. White, White Exploration Inc.,
Will Darrah, Darrah Oil Company LLC.,
The panel of title attorneys and operators will discuss the importance of title opinions to operators, and common title issues encountered by title examiners.
9:50 a.m. Recent Developments in Oil & Gas Law of Interest to Kansas Practitioners
Professor David E. Pierce, Washburn University School of Law, Topeka
Professor Pierce will review recent case law developments that are of particular interest to Kansas oil and gas lawyers and operators.
10:40 a.m. Break
10:55 a.m. Drilling Down on Wage and Hour Issues: Avoiding Costly Traps of Independent Contractor Misclassification
Ashley Dillon, Stinson Leonard Street LLP, Kansas City, MO
This segment will discuss the increased focus by the Department of Labor and state governments on perceived misclassifications of independent contractors in the oil and gas industry, as well as the marked increase in class and collective actions against the industry under the Fair Labor Standards Act and corresponding state wage and hour laws. Liability for businesses in these lawsuits can be statutorily compounded by liquidated damages and assessment of workers' attorneys' fees against the employer.
11:45 a.m. Lunch (provided)
Dwight Keen (keynote speaker) Kansas Corporation Commission, Topeka
12:45 p.m. Talking Oil & Gas Politics with Politicians: Legislative Processes and How Laws are Made
Ed Cross, KIOGA, Topeka
Joseph Molina, Kansas Bar Association, Topeka
This segment will focus on recognizing and understanding the legislative language, general steps, and pitfalls of the bill-to-law process. Discussion will include a look at state and federal language and process within politics and advocacy.
1:35 p.m. Securities Regulations of Oil and Gas
Jonathan Schlatter, Morris Laing Et Al, Wichita
Roger Walter, Morris Laing Et Al.,Topeka
This presentation will focus on the application of federal and state securities laws to fundraising activities for oil and gas drilling and exploration programs. The discussion will review available exemptions from registration under both federal and state laws, and the consequences of a violation of those laws. The presentation will also review choice-of-entity options for investment in such programs.
2:25 p.m. Lurking in the Shadows: Unrecorded Instruments
Casey Jones, Hinkle Law Firm LLC, Wichita
Jeffrey A. Wilson, Hinkle Law Firm LLC, Wichita
This presentation will focus on the effect of documents the terms of which create burdens or obligations pertaining to a property, but which are not recorded in the county where the property is located. Particular attention will be paid to documents that are referenced by other documents that are properly recorded. We will also look at situations where circumstances outside of the documented chain of title indicate the possible existence of unrecorded contracts affecting the property.
2:40 p.m. Break
2:50 p.m. Day-to-Day Attorney Ethics From My Perspective
Cody Phillips, Ritchie Exploration, Inc., Wichita
Topics to be addressed:
1. Competence (Rule 1.1)
2. Confidentiality (Rule 1.6)
a. Contrast with Privilege (Rule of Evidence)
b. Continuing Obligation (Rule 1.9(c)(2))
c. In Office Environment
i. Law Firm
ii. Corporate Office
iii. Office Sharing Arrangements
d. Via Email or Other Electronic Communication
i. Notice/Disclosure of Risk
ii. Non-Private Servers
3. Transactions with Clients (Rule 1.8)
a. Operator Clients
b. Mineral Owner Clients
4. Communication with Represented Parties (Rule 4.2)
5. Dealing with Unrepresented Parties (Rule 4.3)
6. Obligation to Report Professional Misconduct (Rule 8.3(a))
a. Misconduct (Rule 8.4)
Out-of-state attorney sends demand letter to Kansas asserting demand on behalf of himself with respect to a particular lease
agreement, but owns no interest of record. The interest at issue is owned by attorney’s wife, and the attorney has never resided in
Kansas during the marriage. There is no indication that attorney’s wife is aware of demands asserted by her attorney husband.
c. Discussion/Evaluation of Possible Violations
i. Competence (Rule 1.1)
ii. Scope of Representation (Rule 1.2)
iii. Communication (Rule 1.4)
iv. Truthfulness in Statements to Others (Rule 4.1)
v. Unauthorized Practice of Law (Rule 5.5)
d. Where to Report if Necessary (Rule 8.5)
3:40 p.m. Adjourned
Sections that qualify for the section discount are:
- Oil, Gas and Mineral
- EKOGA Member
- KIOGA Member
To register for this event and pay by check please click here and fill out the form and print to include with payment. Please Note: Your registration is not complete until check is received by the KBA. You will not receive a confirmation until your payment is processed.
CANCELLATION POLICY: Pre-paid registration will be refunded for requests submitted up to 48 hours before the seminar. No refunds will be allowed after that time.
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***More information to follow as it becomes available***