| GableGotwals is pleased to announce that Nathan H. Atkins has joined the Oklahoma City office as a Shareholder.

Nathan’s experience includes advising corporate clients regarding private market mergers & acquisitions, commercial finance, joint ventures, securities, investor relations, and general corporate governance. Prior to joining the Firm, Nathan practiced at major international law firms headquartered in New York and Silicon Valley, where he advised private equity and venture capital sponsors and investors in connection with fundraising, operational, and wide-ranging transactional matters. He has also served as in-house general counsel to a global investment firm and SEC registered investment adviser.

“We are excited to expand our transactional capabilities in Oklahoma City with the addition of Nathan,” said Nick Merkley, Managing Shareholder of GableGotwals’ Oklahoma City office. “His national practice and in-house experience offer important perspectives for our clients as they look to us not only as a legal provider but also as a strategic business advisor.”

About GableGotwals
GableGotwals® is a full-service law firm with 100 attorneys and more than 70 other business professionals in Oklahoma and Texas. We represent a diversified client base across the nation, and our connections and reach are global. Fortune 500 corporations, privately owned companies, entrepreneurs, foundations, and individuals entrust us every day with the stewardship and strategic management of their legal challenges.

September 17, 2025 | GableGotwals is pleased to announce that four experienced Associates have joined the Firm.

Caleb Evans is a litigation Associate in the Firm’s Oklahoma City office, where his practice focuses on business and commercial litigation. Prior to joining the Firm, Caleb served as a judicial law clerk to the Honorable David L. Russell of the United States District Court for the Western District of Oklahoma.

Tristan Reagan is a litigation Associate in the Firm’s Tulsa office, where he focuses on general commercial and business litigation. Prior to joining the Firm, Tristan served as a law clerk to the Honorable Susan E. Huntsman and the Honorable Jodi F. Jayne, United States Magistrate Judges for the Northern District of Oklahoma.

Bailey Tulloch is a litigation Associate in the Firm’s Tulsa office, where she focuses on commercial litigation and other business disputes in federal and state courts. Prior to joining the Firm, Bailey served as a law clerk to the Honorable David Alan Ezra of the United States District Court for the Western District of Texas. She also worked as a litigation associate at a national law firm, where she handled a wide variety of matters in state and federal courts, including breach of contract, property disputes, employment matters, white-collar investigations, collections, fiduciary litigation, and Fifth Circuit appeals.

Francesca Walentynowicz is a transactional Associate in the Firm’s Tulsa office, where her practice focuses on banking and commercial law matters. She previously worked as an associate at a Tulsa-based law firm, where she handled a wide variety of commercial law and financial services matters. She also served as a legal intern to the Honorable Gregory K. Frizzell of the United States District Court for the Northern District of Oklahoma and a legal extern with the United States Attorney’s Office for the Northern District of Oklahoma while attending The University of Tulsa College of Law.

Bailey, Caleb, Francesca, and Tristan join more than a dozen other GableGotwals attorneys who have gained valuable experience through judicial clerkships, internships, and externships in federal and state courts.

“My experience as a law clerk provided me with insight into the judicial decision-making process and sharpened my legal research and writing skills, which continues to benefit me and my clients. I am excited to welcome this group of talented young attorneys who bring similar experience to the Firm,” said Amy Fogleman, Director and Shareholder at GableGotwals.

About GableGotwals

GableGotwals® is a full-service law firm with 100 attorneys and more than 70 other business professionals in Oklahoma and Texas. We represent a diversified client base across the nation, and our connections and reach are global. Fortune 500 corporations, privately owned companies, entrepreneurs, foundations, and individuals entrust us every day with the stewardship and strategic management of their legal challenges.

GableGotwals acted as co-counsel to ONEOK, Inc. in its $3.0 billion public offering of senior notes consisting of $750 million 4.950% senior notes due 2032, $1.0 billion 5.400% senior notes due 2035, and $1.25 billion 6.250% senior notes due 2055. 

July 29, 2025 | Today, IFLR1000 released rankings of the leading financial and corporate law firms and lawyers in the United States. Shareholders Jeffrey D. Hassell and Thomas J. Hutchison were named “Highly Regarded” attorneys for their banking practice, and Shareholder Jordan B. Edwards was named “Highly Regarded” for his financial and corporate practice.

GableGotwals was named a Tier 1 firm in Financial and Corporate in Oklahoma, marking the sixth time the Firm has received the ranking since the publication began covering the state.

IFLR1000 has been producing legal market intelligence since 1990 and remains the only international legal directory dedicated to ranking law firms and lawyers on the basis of financial and corporate transactional work.

About GableGotwals

GableGotwals® is a full-service law firm with nearly 100 attorneys and more than 70 other business professionals in Oklahoma and Texas. We represent a diversified client base across the nation, and our connections and reach are global. Fortune 500 corporations, privately owned companies, entrepreneurs, foundations, and individuals entrust us every day with the stewardship and strategic management of their legal challenges.

GableGotwals served as legal counsel for Chickasaw Community Bank in its stock purchase agreement to acquire Oklahoma Heritage Bank.

April 23, 2025 | By: Jeffrey T. Haughey

The recent flurry of activity regarding tariffs and the resultant market volatility should have public companies reviewing and analyzing their risk factors and MD&A sections in the preparation of their upcoming 10-Q filings for the first quarter. In addition, they should also be prepared to answer questions on these subjects (to the extent possible) during their earnings calls on their quarterly results.

Risk Factors
Companies should be reviewing the Risk Factors section in their last 10-K filing to determine whether any of them should be updated or if a new Risk Factor would be appropriate to include because of the ongoing tariff restructuring and the market volatility that has accompanied such actions. Some of the possible areas that could trigger the need to update one or more Risk Factors include:

• The magnitude of business subject to tariffs (both domestic and foreign) on the company’s own goods or goods used in producing those goods
• The impact that tariffs could have on the company’s supply chain
• The company’s ability to raise the prices on its goods in response to the imposed tariffs and the resulting impact on the demand for its goods if it does raise the prices on its goods
• Whether the company would incur unrecoverable costs in trying to limit the effect of the tariffs
• The impact on future capital expenditures, acquisitions etc.
• The possibility of an economic slowdown or recession, which may reduce demand for the company’s goods, limit its availability to the capital markets, increase the cost of capital due to increased interest rates, lower its equity valuation or adversely affect foreign currencies (companies may wish to revisit their “recession” risks from 2008-2009)

In reviewing their risk factors, companies should also be on the lookout for “hypothetical” risks that are no longer hypothetical. In Huddleston v Herman & MacLean, 640 F.2d 534, 544 (5th Cir. 1981), the Fifth Circuit admonished that “[t]o warn that the untoward may occur when the event is contingent is prudent; to caution that it is only possible for the unfavorable events to happen when they have already occurred is deceit.”

MD&A
Here, too, companies should analyze the impact of tariffs and market volatility on their results and liquidity, particularly if they need to delay or abandon planned capital expenditures or acquisitions or if the company’s access to capital becomes more expensive or limited.

Companies are obligated to address in the MD&A “known trends or uncertainties that have had or that are reasonably likely to have a material favorable or unfavorable impact on net sales or revenues or income from continuing operations” and “known trends or any known demands, commitments, events or uncertainties that will result in or that are reasonably likely to result in the registrant’s liquidity increasing or decreasing in any material way.” Unfortunately, this is made more difficult since the tariff situation is so uncertain at this time, and if there is an economic slowdown, recoveries can take days or years depending on the circumstances.

Companies should bear in mind that in addition to the consequences of the current tariff/market upheaval, if they cannot conclude that the possibility of much higher tariffs taking effect in 90 days from “Liberation Day” is not reasonably likely to occur, then such a known trend or uncertainty would also need to be discussed if the consequences of such higher tariffs would be material to their results or liquidity.

In the past, some companies have tried to support their stock price by initiating a share repurchase program. Companies should be satisfied that they have ample liquidity to do so and that they are not in possession of material, nonpublic information at the time of such purchases. It would be safer if the company had previously adopted a Rule 10b5-1 plan when it is not in possession of material, nonpublic information.

Earnings Calls
While executives may wish to answer questions on these topics generally by saying that they are “closely monitoring” the situation, they may be better served by having answers and plans to such questions, if possible, to show that the company is staying abreast of the circumstances. As always, companies need to ensure that the entire communications team is providing consistent messages. If the situation continues to be volatile, it may be appropriate, under Regulation FD, to avoid reaffirming earnings guidance after an earnings call in subsequent private calls with analysts.

For questions regarding the impact of tariffs and market volatility on risk factors, MD&A, and earnings calls, please contact your GableGotwals attorney or a member of our Corporate & Securities Group.

Jeffrey T. Haughey
918-595-4837
jhaughey@gablelaw.com

This article is provided for educational and informational purposes only and does not contain legal advice or create an attorney-client relationship. The information provided should not be taken as an indication of future legal results; any information provided should not be acted upon without consulting legal counsel.

November 7, 2024 | Best Lawyers®, for the 14th consecutive year, announced the “Best Law Firms” rankings. GableGotwals is ranked in the 2025 list regionally in 51 practice areas. Firms in the “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.

GableGotwals received the following rankings:

Metropolitan Tier 1

Oklahoma City

• Administrative / Regulatory Law
• Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
• Bet-the-Company Litigation
• Commercial Litigation
• Construction Law
• Criminal Defense: White-Collar
• Energy Law
• Government Relations Practice
• Insurance Law
• Litigation – Banking & Finance
• Litigation – Bankruptcy
• Litigation – Environmental
• Litigation – Insurance (NEW)
• Litigation – Regulatory Enforcement (SEC, Telecom, Energy)
• Litigation – Securities (NEW)
• Litigation – Trusts & Estates
• Oil & Gas Law
• Personal Injury Litigation – Defendants

Tulsa

• Appellate Practice
• Banking and Finance Law
• Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
• Bet-the-Company Litigation
• Commercial Litigation
• Copyright Law
• Corporate Law
• Energy Law
• Family Law
• Gaming Law
• Health Care Law
• Insurance Law
• Land Use & Zoning Law
• Litigation – Banking & Finance
• Litigation – Bankruptcy
• Litigation – ERISA
• Litigation – Patent
• Litigation – Real Estate
• Litigation – Trusts & Estates
• Natural Resources Law
• Oil & Gas Law
• Patent Law
• Real Estate Law
• Securities / Capital Markets Law
• Technology Law
• Trademark Law
• Trust & Estates Law

Metropolitan Tier 2

Houston

• Commercial Litigation (NEW)

Oklahoma City

• Banking and Finance Law
• Corporate Governance Law
• Corporate Law
• Litigation – ERISA
• Litigation – Mergers & Acquisitions
• Litigation – Real Estate
• Native American Law
• Product Liability Litigation – Defendants

Tulsa

• Corporate Compliance Law
• Corporate Governance Law
• Employee Benefits (ERISA) Law
• Employment Law – Management
• Labor Law – Management
• Litigation – Environmental
• Litigation First Amendment
• Litigation – Health Care
• Mass Tort Litigation/Class Actions – Defendants
• Mergers & Acquisitions Law
• Privacy and Data Security Law
• Securities Regulation

Metropolitan Tier 3

Oklahoma City

• Health Care Law

Tulsa

• Litigation – Insurance
• Litigation – Intellectual Property
• Native American Law