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News and Events
Kansas Legislative Insights
Kansas Legislation Insights is a periodic publication developed by the Public Policy Law and Governmental Relations practice group of Foulston Siefkin. It is designed to inform business executives, human resource and governmental relations professionals and general counsel about current actions occuring in Kansas legislation. For more information about Foulston Siefkin's Public Policy Law and Governmental Relations practice group, contact James P. Rankin at 785.233.6371 or jrankin@foulston.com or visit www.foulston.com.
Check out this week's issue: Legislative Insights
Kansas Employment Law blog announcement
The Kansas Employment Law Blog provides the latest news and practical information for Kansas employers. Visit the website for blog updates.
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Law Awards 2011-2012
Foulston Siefkin LLP is proud to announce the accolades earned in 2011 by our attorneys from prestigious national legal listings.
Best Law Firm Rankings
Tier 1
Wichita
Appellate Practice
Banking and Finance Law
Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law
Commercial Litigation
Construction Law
Copyright Law
Corporate Governance Law
Corporate Law
Criminal Defense: White-Collar - Litigation
Elder Law
Employee Benefits (ERISA) Law
Employment Law - Management
Energy Law
Environmental Law
Equipment Finance Law
Financial Services Regulation Law
Franchise Law
Health Care Law
Information Technology Law
Labor Law - Management
Legal Malpractice Law - Defendants
Litigation - Bankruptcy
Litigation - Construction
Litigation - Environmental
Litigation - ERISA
Litigation - Intellectual Property
Litigation - Labor & Employment
Litigation - Municipal
Litigation - Securities
Litigation - Trusts & Estates
Medical Malpractice Law - Defendants
Mergers & Acquisitions Law
Mining Law
Natural Resources Law
Non-Profit/Charities Law
Oil & Gas Law
Personal Injury Litigation - Defendants
Personal Injury Litigation - Plaintiffs
Private Equity Law
Product Liability Litigation - Defendants
Project Finance Law
Real Estate Law
Securities/Capital Markets Law
Tax Law
Technology Law
Trademark Law
Trusts & Estates Law
Venture Capital Law
Water Law
Workers' Compensation Law - Employers
Kansas City-KS
Appellate Practice
Commercial Litigation
Corporate Law
Employment Law - Management
Litigation - Antitrust
Litigation - Banking & Finance
Litigation - Labor & Employment
Litigation - Real Estate
Litigation - Regulatory Enforcement
Mining Law
Natural Resources Law
Securities/Capital Markets Law
Tax Law
Trusts & Estates Law
Water Law
Workers' Compensation Law - Employers
Topeka
Employee Benefits (ERISA) Law
Government Relations Practice
Health Care Law
Litigation - ERISA
Medical Malpractice Law - Defendants
Tier 2
Wichita
Criminal Defense: White-Collar - Governmental Investigations
10 Foulston Siefkin Attorneys named "Attorneys of the Year"
Wichita
Stanley G. Andeel - Wichita Health Care Lawyer of the Year
Jim H. Goering - Wichita Copyright Lawyer of the Year
Stephen M. Kerwick - Wichita Appellate Practice Lawyer of the Year
Douglas L. Stanley - Wichita Labor Law - Management Lawyer of the Year
Mikel L. Stout - Wichita Construction Lawyer of the Year
Darrell L. Warta - Wichita Bet-the-Company Litigator of the Year
William R. Wood II - Wichita Mergers & Acquisitions Lawyer of the Year
Charles J. Woodin - Wichita Natural Resources Lawyer of the Year
Overland Park
James D. Oliver - Kansas City, KS Corporate Lawyer of the Year
Topeka
Thomas L. Theis - Topeka Health Care Lawyer of the Year
53 Foulston Siefkin Attorneys named "Best Lawyers"
Wichita
Stanley G. Andeel - Corporate Law, Tax Law, Trusts & Estates
James M. Armstrong - Bet-the-Company Litigation; Commercial Litigation; Labor and Employment Law; Legal Malpractice Law-Defendants; Litigation - Antitrust; Litigation - Intellectual Property; Litigation - Labor & Employment; Litigation - Regulatory Enforcement; Litigation - Securities
Kevin J. Arnel - Non-Profit/Charities Law; Tax Law
Gary L. Ayers - Bet-the-Company Litigation; Commercial Litigation; Health Care Law
Donald D. Berner - Employment Law- Management; Labor Law - Management; Litigation - Labor & Employment
Mark A. Biberstein - Bet-the-Company Litigation; Commercial Litigation; Litigation - Trusts & Estates; Product Liability Litigation - Defendants
Boyd A. Byers - Employment Law- Management; Labor Law - Management; Litigation - Labor & Employment
Terry C. Cupps - Bankruptcy and Creditors’ Rights; Litigation - Bankruptcy
Holly A. Dyer - Medical Malpractice Law; Medical Malpractice Law - Defendants
Charles P. Efflandt - Environmental Law; Litigation - Environmental
Jack Focht - Bet-the-Company Litigation; Commercial Litigation; White-Collar Criminal Defense; Legal Malpractice Law - Defendants; Litigation - Labor & Employment; Personal Injury Litigation - Defendants; Personal Injury Litigation - Plaintiffs
Jay F. Fowler - Bet-the-Company Litigation; Commercial Litigation; Litigation - Municipal; Litigation - Trusts & Estates
Jim Goering - Oil & Gas Law; Copyright Law; Energy Law; Information Technology; Litigation - Intellectual Property; Intellectual Property Law; Mining Law; Natural Resources Law; Patent Law; Technology Law; Trademark Law
Douglas L. Hanisch - Employee Benefits (ERISA) Law
Wyatt A. Hoch - Construction Law; Litigation - Construction
Christopher M. Hurst - Tax Law
Jeffery A. Jordan - Bet-the-Company Litigation; Commercial Litigation; Litigation - Bankruptcy; Litigation - Construction
Stephen M. Kerwick - Appellate Law; Commercial Litigation; Litigation - Land Use & Zoning
Eric K. Kuhn - Workers’ Compensation Law
Amy S. Lemley - Medical Malpractice Law Defense; Personal Injury Litigation; Defendants
William P. Matthews - Copyright Law; Trademark Law; Intellectual Property Law
Andy J. Nolan - Tax Law
Timothy P. O'Sullivan - Elder Law; Trusts and Estates
Scott C. Palecki - Health Care Law
Larry G. Rapp - Corporate Law; Equipment Finance Law
Jay M. Rector - Employment Law- Management; Employee Benefits Law; Labor Law - Management; Litigation - ERISA; Litigation - Labor & Employment
David E. Rogers - Personal Injury Litigation - Defendants; Product Liability Litigation - Defendants
Harvey R. Sorensen - Corporate Law; Mergers & Acquisitions Law; Tax Law; Venture Capital Law
Douglas L. Stanley - Employment Law- Management; Labor Law - Management; Litigation - Labor & Employment
Kyle J. Steadman - Medical Malpractice Law - Defendants
Mikel L. Stout - Bet-the-Company Litigation; Commercial Litigation; Litigation - Construction; Litigation - Environmental; Litigation - Intellectual Property; Litigation - Labor & Employment; Personal Injury Litigation - Defendants
Todd N. Tedesco - Labor and Employment Law; Commercial Litigation; Litigation - Intellectual Property; Litigation - Labor & Employment; Litigation - Patent; Intellectual Property Law
Trish A. Thelen - Commercial Litigation; Employment Law- Management; Litigation - Construction; Litigation - Labor & Employment
David M. Traster - Energy Law; Environmental Law; Water Law
Patricia Voth Blankenship - Real Estate Law
Darrell L. Warta - Bet-the-Company Litigation; Commercial Litigation; Personal Injury Litigation - Defendants; Product Liability Litigation - Defendants
Stewart T. Weaver - Trusts and Estates
Craig W. West - Personal Injury Litigation - Defendants
William R. Wood II - Banking and Finance Law; Corporate Governance and Compliance Law; Financial Services Regulation Law; Franchise Law; Leveraged Buyouts and Private Equity Law; Mergers & Acquisitions Law; Project Finance Law; Real Estate Law; Securities / Capital Markets Law
Charles J. Woodin - Energy Law; Mining Law; Natural Resources Law
Overland Park
Vaughn Burkholder - Worker's Compensation Law; Employment Law- Management; Litigation - Labor & Employment
Wendell F. Cowan - Employment Law- Management; Litigation - Labor & Employment
Toby Crouse - Litigation - Municipal
Scott C. Nehrbass - Commercial Litigation; Litigation- Banking & Finance; Litigation - Intellectual Property; Litigation- Real Estate
James D. Oliver - Appellate Law; Bet -the Company Litigation; Commercial Litigation; Corporate Law; Litigation- Antitrust; Litigation- Banking & Finance; Litigation - Regulatory Enforcement; Litigation - Securities; Mining Law; Securities / Capital Markets Law
John C. Peck - Natural Resources Law; Water Law
R. Douglas Reagan - Corporate Law; Securities Regulation
William P. Trenkle, Jr. - Corporate Law; Tax Law; Trusts and Estates
Wyatt M. Wright - Employment Law- Management; Labor Law - Management; Litigation - Labor & Employment
Topeka
Charles R. "Dick" Hay - Health Care Law
Marta Fisher Linenberger - Health Care Law
James P. Rankin - Employee Benefits Law; Government Relations Law; Litigation - ERISA
Thomas L. Theis - Health Care Law; Medical Malpractice Law - Defendants; Personal Injury Litigation - Defendants
22 Foulston Siefkin Attorneys listed by Chambers USA
Band 1
Jay F. Fowler - General Commercial Litigation
Jay M. Rector - Labor and Employment Law
Harvey R. Sorensen -Corporate/ M&A Law
Douglas L. Stanley - Labor and Employment Law
Mikel L. Stout - General Commercial Litigation
William R. Wood II - Corporate/ M&A Law and also Real Estate
Band 2
Boyd A. Byers - Labor and Employment Law
Terry C. Cupps - Corporate/ M&A Law
Charles P. Efflandt - General Commercial Litigation
Douglas Hanisch - Labor and Employment Law
William P. Trenkle, Jr. - Corporate/ M&A Law
Patricia Voth Blankenship - Real Estate
Darrell L. Warta - General Commercial Litigation
Band 3
James M. Armstrong - General Commercial Litigation
Gary L. Ayers - General Commercial Litigation
Karl N. Hesse - Real Estate
Jeff B. Hurt - Labor and Employment Law
Andrew J. Nolan - Real Estate
James D. Oliver - General Commercial Litigation
Trisha A. Thelen - Corporate/ M&A Law
Wyatt Wright - Labor and Employment Law
Senior Statesmen
Jack Focht - Litigation- White-Collar Crime & Gov't Investigations
22 Foulston Siefkin Attorneys named "Super Lawyers"
Wichita
Stanley G. Andeel - Tax Law
James M. Armstrong - Business Litigation
Gary L. Ayers - Business Litigation
Mark A. Biberstein - Business Litigation
Boyd A. Byers - Employment & Labor
Terry C. Cupps - Bankruptcy & Creditor/Debtor Rights
Jack Focht - Criminal Defense - White Collar
Jay F. Fowler - Business Litigation
Wyatt A. Hoch - Construction Litigation
Christopher M. Hurst - Tax Law
Jeffrey B. Hurt - Employment & Labor
Stephen M. Kerwick - Appellate Law
Amy Lemley - Civil Litigation Defense
Timothy P. O'Sullivan - Estate Planning & Probate
Scott C. Palecki - Health Care Law
Jay M. Rector - Employment & Labor
David E. Rogers - Employment Litigation: Defense
Harvey R. Sorensen - Securities & Corporate Finance
Douglas L. Stanley - Employment & Labor
Mikel L. Stout - Business Litigation
Darrell L. Warta - Civil Litigation Defense
Craig W. West - Personal Injury Defense: General
Overland Park
Vaughn Burkholder - Employment & Labor
James D. Oliver - Appellate Law
William P. Trenkle, Jr. - Business & Corporate
Wyatt M Wright - Employment & Labor
Topeka
Thomas L. Theis - Personal Injury Defense: Medical Malpractice
3 Foulston Siefkin Attorneys "Super Lawyers Rising Stars"
Brooke Bennett Aziere - Health Care, Civil Litigation Defense, Business Litigation
Gordon G. Kirsten - Business Litigation
Michael J. Norton - General Litigation, Intellectual Property Litigation, Business Litigation
Click here to view information with links to the official listings (Best Law Firms, Best Lawyers, Chambers USA, and Super Lawyers)
Foulston Siefkin LLP recognized as one of the “Best Law Firms” in the country
Foulston Siefkin LLP has been recognized in the 2011-2012 edition of the U.S. News & World Report and Best Lawyers™ rankings of the “Best Law Firms” in the country. The firm received the publication’s highest Best Law Firms First-Tier rankings in the areas of appellate practice, banking and finance law, bankruptcy and creditor debtor rights, bankruptcy litigation, commercial litigation, construction law, construction litigation, copyright law, corporate governance law, corporate law, criminal defense: white collar, elder law, employee benefits (ERISA) law, ERISA litigation, employment law, energy law, environmental law, environmental litigation, equipment finance law, financial services regulation law, franchise law, government relations practice, health care law, information technology law, intellectual property litigation, labor law, labor & employment litigation, legal malpractice law, municipal litigation, medical malpractice law, mining law, natural resources law, non-profit /charities law, oil & gas law, personal injury litigation, private equity law, product liability litigation, project finance law, real estate law, real estate litigation, securities /capital markets law, securities litigation, tax law, technology law, trademark law, trusts & estates law, trusts & estates litigation, venture capital law, water law, and workers’ compensation law.
The annual “Best Law Firms” publication, a collaboration between U.S. News & World Report and Best Lawyers, features all of the top ranked U.S. law firms by practice area and includes a breakdown of firms ranked nationally and by state/metropolitan area. The rankings are based on a rigorous evaluation process that includes client and lawyer evaluations and peer reviews; incorporating 3.9 million evaluations of 41,284 leading lawyers collected by Best Lawyers in its annual survey.
Best Lawyers 2012
Ten Foulston Siefkin LLP attorneys have been named a 2012 Lawyer of the Year in their practice areas by Best Lawyers. Attorneys are selected based on peer-review and have received particularly high ratings in surveys by earning a high level of respect among their peers for their abilities, professionalism, and integrity. Inclusion in Best Lawyers is regarded as an outstanding honor.
The following Foulston Siefkin LLP attorneys have been name a 2012 Lawyer of the Year:
Charles J. Woodin, Wichita Natural Resources Law
Darrell L. Warta, Wichita Bet-the-Company Litigation
Douglas L. Stanley, Wichita Labor Law - Management
James D. Oliver, Kansas City-KS Corporate Law
Jim H. Goering, Wichita Copyright Law
Mikel L. Stout, Wichita Litigation - Construction Lawyer
Stanley G. Andeel, Wichita Health Care Law
Stephen M. Kerwick, Wichita Appellate Practice
Thomas L. Theis, Topeka Health Care Law
William R. Wood II, Wichita Mergers & Acquisitions Law
Foulston Siefkin LLP, is Kansas’ largest law firm, providing a full range of practice areas that cover the spectrum of the legal profession, including civil and complex litigation, business matters, employment and labor and health care. For more information, please contact Matt Knoblauch, Chief Marketing Officer, at (316) 291-9789, mknoblauch@foulston.com, or refer to the Foulston Siefkin web site at www.foulston.com.
52 Foulston Siefkin Attorneys Selected as 'Best Lawyers in America'
"The Best Lawyers in America", the oldest and one of the most respected peer-review publications in the legal profession, selected 52 attorneys from Kansas-based Foulston Siefkin for the “Best Lawyers in America 2011”, the most of any law firm in Kansas. The list includes forty Foulston Siefkin attorneys in Wichita, eight Foulston Siefkin attorneys in Overland Park, and four Foulston Siefkin attorneys in Topeka.
The forty Foulston Siefkin attorneys selected in the Wichita office include:
Stanley G. Andeel, (Corporate Law; Health Care Law; Tax Law; Trusts and Estates)
James M. Armstrong, ( Bet-the-Company Litigation; Commercial Litigation; Labor and Employment Law; Legal Malpractice Law)
Kevin Arnel, (Non-Profit/Charities Law; Tax Law)
Gary L. Ayers, (Bet-the-Company Litigation; Commercial Litigation; Health Care Law)
Donald Berner, (Labor and Employment Law)
Mark A. Biberstein, (Bet-the-Company Litigation; Commercial Litigation; Product Liability Litigation)
Boyd A. Byers, (Labor and Employment Law)
Terry C. Cupps, (Bankruptcy and Creditor' Rights Law)
Holly A. Dyer, (Medical Malpractice Law)
Charles P. Efflandt, (Environmental Law)
Jack Focht, (Bet-the-Company Litigation; Commercial Litigation; Legal Malpractice Law; Personal Injury Litigation; White-Collar Criminal Defense)
Jay F. Fowler, (Bet-the-Company Litigation; Commercial Litigation)
Jim Goering, (Energy Law; Informational Technology; Intellectual Property Law; Mining Law; Natural Resources Law; Oil & Gas Law; Technology Law)
Douglas L. Hanisch, (Employee Benefits Law)
Wyatt A. Hoch, (Construction Law)
Christopher M. Hurst, (Tax Law)
Jeffery A. Jordan, (Bet-the-Company Litigation; Commercial Litigation)
Stephen M. Kerwick, (Appellate Law; Commercial Litigation)
Eric K. Kuhn, (Workers' Compensation Law)
Amy S. Lemley, (Medical Malpractice Law; Personal Injury Litigation)
William Matthews, Andy Nolan, (Tax Law),(Intellectual Property Law)
Timothy P. O'Sullivan, (Elder Law; Trusts and Estates)
Scott C. Palecki, (Health Care Law)
Larry G. Rapp, (Corporate Law; Equipment Finance Law)
Jay M. Rector, (Labor and Employment Law; Employee Benefits Law)
David E. Rogers, (Personal Injury Litigation; Product Liability Litigation)
Harvey R. Sorensen, (Corporate Law; Mergers & Acquisitions Law; Tax Law; Venture Capital Law)
Douglas L. Stanley, (Labor and Employment Law)
Kyle J. Steadman, (Medical Malpractice Law)
Mikel L. Stout, (Bet-the-Company Litigation, Commercial Litigation; Personal Injury Litigation)
Todd N. Tedesco, (Labor and Employment Law; Commerical Litigation; Intellectual Property Law)
Trisha A. Thelen, (Commercial Litigation; Labor and Employment Law)
David M. Traster, (Energy Law; Environmental Law; Water Law)
Patricia Voth Blankenship, (Real Estate Law)
Darrell L. Warta, (Bet-the-Company Litigation; Commercial Litigation; Personal Injury Litigation; Product Liability Litigation)
Stewart T. Weaver, (Trusts and Estates)
Craig W. West, (Personal Injury Litigation)
William R. Wood II, (Banking Law; Corporate Governance and Compliance Law; Franchise Law; Leveraged Buyouts and Private Equity Law; Mergers & Acquisitions Law; Project Finance Law; Real Estate Law; Securities Law)
Charles J. Woodin, (Energy Law; Mining Law; Natural Resources Law).
Eight Foulston Siefkin attorneys in the Overland Park office were selected including:
Vaughn Burkholder, (Workers' Compensation Law; Labor and Employment Law)
Wendell F. Cowan, (Labor and Employment Law)
Scott Nehrbass, (Commercial Litigation)
James D. Oliver, (Appellate Law; Bet-the-Company Litigation; Commercial Litigation, Corporate Law; Mining Law; Securities Law)
John C. Peck, (Natural Resources Law; Water Law)
R. Douglas Reagan, (Corporate Law)
William P. Trenkle, Jr., (Corporate Law; Tax Law; Trusts and Estates)
Wyatt M. Wright, (Labor and Employment Law).
Four Foulston Siefkin attorneys in the Topeka office were selected including:
Charles R. Hay, (Health Care Law)
Marta Fisher Linenberger, (Health Care Law)
James P. Rankin, (Employee Benefits Law; Government Relations Law)
Thomas L. Theis, (Health Care Law; Medical Malpractice Law; Personal Injury Litigation).
Best Lawyers is one of the preeminent national legal referral guides for the legal profession in the U.S. Best Lawyers compiles lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers.
Chambers USA Ranks Foulston Siefkin Amongst Kansas's Top Law Firms
Chambers USA, a national research publication, released its rankings of law firms in Kansas for 2011. Foulston Siefkin was once again ranked as the leading law firm in the state of Kansas in the key practice areas of Corporate/M&A, Employment Law, General Commercial Litigation, and Real Estate.
Foulston Siefkin’s complete Chambers USA rankings and profile are available on the Chambers and Partners website at www.chambersandpartners.com . Chambers USA rates lawyers and law firms based on exhaustive research including interviews with practicing attorneys, their clients, and other industry leaders familiar with the legal market.
Read the entire Chambers USA entry here: Chambers 2010
Chambers USA Recognizes 22 Foulston Attorneys
22 Foulston Siefkin attorneys were recognized as leading lawyers in their field of practice by “Chambers USA,” a national research publication:
Jim Armstrong – General Commercial Litigation
Gary Ayers – General Commercial Litigation
Boyd Byers – Labor & Employment
Terry Cupps – Corporate/M&A
Chuck Efflandt – General Commercial Litigation
Jack Focht – Litigation: White-Collar Crime & Government Investigations
Jay Fowler – General Commercial Litigation
Doug Hanisch – Labor & Employment
Karl Hesse – Real Estate
Jeff Hurt – Labor & Employment
Andrew Nolan – Real Estate
Jim Oliver – General Commercial Litigation
Jay Rector – Labor & Employment
Harvey Sorensen – Corporate/M&A
Doug Stanley – Labor & Employment
Mike Stout – General Commercial Litigation
Trisha Thelen - Labor & Employment
Bill Trenkle – Corporate/M&A
Patricia Voth – Real Estate
Darrell Warta – General Commercial Litigation
Bill Wood – Corporate/M&A and Real Estate
Wyatt Wright – Labor & Employment
Read the entire Chambers USA entry here: Chambers 2011
Foulston Siefkin attorneys selected as 2011 MO/KS Super Lawyers
Foulston Siefkin attorneys selected as 2011 Missouri & Kansas Super Lawyers (with awarded practice areas) are as follows:
22 Foulston Siefkin attorneys named "Super Lawyers"
Wichita
Stanley G. Andeel - Tax Law
James M. Armstrong - Business Litigation
Gary L. Ayers - Business Litigation
Mark A. Biberstein - Business Litigation
Boyd A. Byers - Employment & Labor
Terry C. Cupps - Bankruptcy & Creditor/Debtor Rights
Jack Focht - Criminal Defense - White Collar
Jay F. Fowler - Business Litigation
Wyatt A. Hoch - Construction Litigation
Christopher M. Hurst - Tax Law
Jeffrey B. Hurt - Employment & Labor
Stephen M. Kerwick - Appellate Law
Amy Lemley - Civil Litigation Defense
Timothy P. O'Sullivan - Estate Planning & Probate
Scott C. Palecki - Health Care Law
Jay M. Rector - Employment & Labor
David E. Rogers - Employment Litigation: Defense
Harvey R. Sorensen - Securities & Corporate Finance
Douglas L. Stanley - Employment & Labor
Mikel L. Stout - Business Litigation
Darrell L. Warta - Civil Litigation Defense
Craig W. West - Personal Injury Defense: General
Overland Park
Vaughn Burkholder - Employment & Labor
James D. Oliver - Appellate Law
William P. Trenkle, Jr. - Business & Corporate
Wyatt M Wright - Employment & Labor
Topeka
Thomas L. Theis - Personal Injury Defense: Medical Malpractice
Foulston Siefkin attorneys selected as 2011 MO/KS Super Lawyers Rising Stars
3 Foulston Siefkin attorneys named "Super Lawyers Rising Stars" (with awarded practice areas) are as follows:
Brooke Bennett Aziere - Health Care, Civil Litigation Defense, Business Litigation
Gordon G. Kirsten - Business Litigation
Michael J. Norton - General Litigation, Intellectual Property Litigation, Business Litigation
Jay Fowler installed President WBA
Jay Fowler was installed as President of the Wichita Bar Association on June 16, 2011, at the WBA Installation & Awards Dinner. Congratulations Jay!
Mikel Stout Lifetime Achievement Award
Mikel Stout was honored with the Lifetime Achievement Award from the Wichita Bar Association at the annual WBA Installation & Awards Dinner on June 16, 2011. This award is given to a member whose sustained performance recognizably sets that member apart from his or her peers and whose accomplishments have brought credit and recognition to the profession, demonstrating exemplary ethical standards & high personal values. Congratulations Mike!
Karl Hesse WBA President's Award
Karl Hesse was honored with a President's Award from the Wichita Bar Association at the annual WBA Installation & Awards Dinner on June 16, 2011. This award is given for outstanding service to the WBA. It recognizes the successful accomplishment of a law-related project or service where the recipient's work substantially exceeds that which is normally expected. Congratulations Karl!
Issue Alert: Kansas Supreme Court holds that sellers of used goods are subject to strict liability
On August 12, 2011, the Kansas Supreme Court said sellers of used products are subject to strict liability. The decision in Gaumer v. Rossville Truck & Tractor Co. was the Supreme Court’s first decision addressing the application of the Kansas Product Liability Act (KPLA) to sellers of used goods. The federal District Court of Kansas had previously concluded in Sell v. Bertsch & Co. that strict liability does not apply to sellers of used goods in Kansas. The Kansas Supreme Court rejected this interpretation and held that sellers can be strictly liable for defects in used goods.
We have written an Issue Alert that addresses the highlights of these new rules. This issue alert is complimentary and there is no registration required. It is available now here.
You may wish to contact your insurance broker and legal counsel to review current insurance coverage, your business practices, and risks of litigation, as well as potential mitigation strategies. If you do not have regular counsel, Foulston Siefkin LLP would welcome the opportunity to work with you to meet your business needs.If you have questions or for additional information regarding the Kansas Product Liability Act, contact David Rogers at (316) 291-9708, or drogers@foulston.com.
XXX domain name registry Issue Alert
A new .xxx domain name registry is being introduced for adult entertainment websites. If you want to stop your trademark from being available as a “yourbrand.xxx” domain name, you can submit a Sunrise B application until October 28, 2011. If approved, no one will be able to register “yourbrand.xxx”.
Foulston Siefkin has written an Issue Alert addressing how you can protect your brand from being associated with an .xxx domain name.
This issue alert is complimentary, and there is no registration required. It is available now at: http://www.foulston.com/lib/issueAlert.cfm?id=54 .
If you have questions or want more information, you should contact your legal counsel soon to discuss protecting your trademarks. If you do not have a regular advisor, the Intellectual Property group at Foulston Siefkin LLP would welcome the opportunity to work with you to specifically meet your business needs. Foulston Siefkin attorneys that can help you include:
Gordon Kirsten in Wichita at 316-291-9538 or gkirsten@foulston.com
William Matthews in Wichita at 316-291-9556 0 or bmatthews@foulston.com
Fowler Elected President-Elect of the Wichita Bar Association
Jay Fowler, a partner in Foulston Siefkin's Wichita office, was recently elected President-Elect of the Wichita Bar Association, where he has been serving as Vice-President for the past year. He joins a long list of other Foulston attorneys who have held this position.
Mr. Fowler was also recently elected to a four year term on the Kansas Supreme Court Nominating Commission by attorneys and peers of the Fourth Congressional District. The Nominating Commission consists of an attorney elected from each congressional district, a non-lawyer appointed by the governor from each congressional district, and a chairman elected by attorneys statewide. The Commission is responsible for nominating and submitting to the Governor candidates to be considered for vacancies on the Kansas Supreme Court and Kansas Court of Appeals.
Foulston Siefkin Senior Housing & Care Issue Alert
The Patient Protection and Affordable Care Act of 2010 ("PPACA") requires all senior care providers and suppliers, including skilled nursing facilities and nursing homes (collectively referred to as "nursing facilities") to have compliance programs as a condition of Medicare enrollment. Nursing facilities must have an effective compliance plan in place no later than March 23, 2013. The compliance program must be designed to prevent and detect criminal, civil and administrative violations as well as promote quality of care.
Recent reports from the OIG and rulemaking from CMS illustrate the importance of compliance programs. Nursing facilities must act now to ensure compliance with OIG and CMS requirements. We have written an Issue Alert that addresses the elements of the required compliance program, the OIG reports, and CMS rulemaking. This Issue Alert is complimentary, and there is no registration required. It is available now here.
If you have questions or want more information, you should contact your legal counsel to ensure compliance with the Patient Protection and Affordable Care Act of 2010. If you do not have regular counsel, Foulston Siefkin LLP would welcome the opportunity to work with you to specifically meet your business needs. Brooke Bennett Aziere is available to assist you. Brooke can be reached at (316)291-9768 or baziere@foulston.com. If you are looking for health care or general senior housing & care counsel you may contact Scott Palecki. Scott Palecki can be reached at (316)291-9578 or spalecki@foulston.com.com.
Holly Dyer Elected to the Wichita Bar Association Board of Governors
Holly Dyer, a partner at Foulston Siefkin, was elected to The Wichita Bar Association Board of Governors to serve a term through 2010. The Wichita Bar Association is governed by a Board of Governors that meets monthly to set policy and review issues affecting the legal profession. The WBA is committed to providing member and community services that promote learning, respect and appreciation of the law and the administration of justice.
Wage and Hour Issues Arising More Frequently in Restaurant Industry
There has been a noticeable spike over the last few years in litigation under the federal and state wage and hour laws, most notably the federal Fair Labor Standards Act (“FLSA”). Two issues in particular have taken center stage in recent wage and hour lawsuits against companies operating in the restaurant industry. The first issue is of direct concern to employers that utilize tipped employees and pay them under the FLSA’s tip credit provisions. The second issue centers on companies with employees paid at or near the minimum wage level and who may be required to pay out of pocket for business expenses.
Foulston Siefkin has written an Issue Alert, which I have attached, addressing what employers should do to comply with these FLSA standards.
If you have questions or want more information regarding these FLSA issues, you should contact your legal counsel. If you do not have regular counsel, Foulston Siefkin LLP would welcome the opportunity to work with you to specifically meet your business needs. Forrest Rhodes is available to assist you with FLSA-specific issues, or with any general employment or labor law issues you may have at 316.291.9555 or frhodes@foulston.com . You may also contact Jay Rector, Foulston Siefkin’s Employment and Labor Practice Group Leader, at 316.291.9722 or jrector@foulston.com . For more information on the firm, please visit our website at www.foulston.com .
Employers with Salaried Non-Exempt Employees Beware! New DOL Regulations Change How You May Pay These Employees
On May 5, 2011, new regulations issued by the Wage and Hour Division of the Department of Labor (“DOL”) went into effect. These regulations impact various aspects of the Fair Labor Standards Act (“FLSA”), the federal law governing minimum wage and overtime.
If you have questions or want more information, you should contact your legal counsel soon to discuss compliance with the new regulations. If you do not have a regular advisor, the Employment and Labor group at Foulston Siefkin LLP would welcome the opportunity to work with you to specifically meet your business needs. Foulston Siefkin attorneys that can help you include:
Forrest Rhodes in Wichita at 316-291-9555 or frhodes@foulston.com
Wyatt Wright in Overland Park at 913-498-2100 or wwright@foulston.com
James Rankin in Topeka at 785-233-3600 or jrankin@foulston.com
Bill Matthews Named to 2010 Class of "40 Under 40"
Foulston Siefkin attorney Bill Matthews was recently named to the Wichita Business Journal's 2010 "40 Under 40" class of leaders. Foulston Siefkin appreciates his dedication to the community and to the firm. We are proud to have him as a member of our firm.
To see more information about Bill and the "40 Under 40" class, click the link below:
Wichita Business Journal's 40 Under 40
Twelve Foulston Siefkin LLP lawyers named 2011 Lawyer of the Year
Congratulations to the following lawyers who were named a 2011 Lawyer of the Year by Best Lawyers of America.
• Stanley G. Andeel has been named the Best Lawyers’ 2011 Wichita Corporate Lawyer of the Year.
• Charles P. Efflandt has been named the Best Lawyers’ 2011 Wichita Environmental Lawyer of the Year.
• Jay F. Fowler has been named the Best Lawyers’ 2011 Wichita Bet-the-Company Litigator of the Year.
• Jim H. Goering has been named the Best Lawyers’ 2011 Wichita Oil & Gas Lawyer of the Year.
• Wyatt A. Hoch has been named the Best Lawyers’ 2011 Wichita Construction Lawyer of the Year.
• Christopher M. Hurst has been named the Best Lawyers’ 2011 Wichita Tax Lawyer of the Year.
• Timothy P. O'Sullivan has been named the Best Lawyers’ 2011 Wichita Elder Lawyer of the Year.
• Harvey R. Sorensen has been named the Best Lawyers’ 2011 Wichita Mergers & Acquisitions Lawyer of the Year.
• Douglas L. Stanley has been named the Best Lawyers’ 2011 Wichita Labor and Employment Lawyer of the Year.
• William P. Trenkle, Jr. has been named the Best Lawyers’ 2011 Kansas City, KS Corporate Lawyer of the Year.
• Darrell L. Warta has been named the Best Lawyers’ 2011 Wichita Product Liability Litigator of the Year.
• Charles J. Woodin has been named the Best Lawyers’ 2011 Wichita Energy Lawyer of the Year.
Best Lawyers compiles lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers.
New Notice in the Workplace Required
On August 22, 2011 the National Labor Relations Board (“NLRB” or “Board”) issued a final rule that will require most employers to prominently post an 11” x 17” notice in the workplace informing employees of their rights under the National Labor Relations Act (“NLRA”).
Foulston Siefkin has written an Issue Alert addressing various aspects of this new requirement about which employers should be aware.
This issue alert is complimentary, and there is no registration required. It is available now at: http://www.foulston.com/lib/issueAlert.cfm?id=53 .
If you have questions or want more information, you should contact your legal counsel soon to discuss compliance with the new regulations. If you do not have a regular advisor, the Employment and Labor group at Foulston Siefkin LLP would welcome the opportunity to work with you to specifically meet your business needs. Foulston Siefkin attorneys that can help you include:
Forrest Rhodes in Wichita at 316-291-9555 or frhodes@foulston.com
Wyatt Wright in Overland Park at 913-498-2100 or wwright@foulston.com
James Rankin in Topeka at 785-233-3600 or jrankin@foulston.com
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