Does McGirt Cede Oklahoma Waters to Native American Tribes?
On July 9, the U.S. Supreme Court made waves in McGirt v. Oklahoma by overturning a criminal conviction imposed upon a Native American defendant under Oklahoma law. The primary reasons for overturning the conviction were that (i) the defendant had allegedly committed the crime on land Congress had…
Bankruptcy Courts are Easing Traditionally Rigid Lease Payment Requirements for Commercial Tenants In COVID-Related Filings
Bankruptcy courts in multiple jurisdictions have granted tenant-friendly relief to companies that have filed for Chapter 11 bankruptcy in recent months. While the Bankruptcy Code typically requires timely performance of lease obligations under 11 U.S.C. § 365, bankruptcy courts have employed…
Are You Immune? Your Business May Be: Executive Order Protects Businesses from Civil Liability Due to COVID-19 Exposure
In a bit of much needed good news for Arkansas businesses during the current COVID-19 crisis, on June 15, 2020, Governor Asa Hutchinson signed Executive Order 20-33 (the “Order”) which provides businesses immunity from civil liability as a result of exposure to COVID-19. The threat of litigation…
May the "Force" Majeure Be With You: Is COVID-19 a Force Majeure Event?
The COVID-19 pandemic has impacted all aspects of our daily interactions. And, its effect on many businesses’ ability to function cannot be overstated. It has been devastating. As you are well aware, the pandemic has also added a number of new words and phrases to our vocabulary—“social…
8th Circuit Affirms that the Reasonable-Basis Defense to Negligence Tax Penalty Requires Actual Reliance on the Relevant Authority
The Internal Revenue Regulations provide for a defense from the 20% negligence penalty imposed under Section 6662(a) of the Internal Revenue Code only where the taxpayer’s “return position is reasonably based on one or more [relevant] authorities.” 26 C.F.R. § 1.6662-3(b)(3) (emphasis added). In…