Business and Complex Commercial Litigation 

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A business relationship is typically secured by a verbal or written agreement. If the agreement is not fully performed by one of the parties, an action for breach of contract and damages may be available to the non-breaching party.  In addition to breach of contract litigation, parties in a commercial situation may be entitled to assert common law or statutory business “torts” –  a broad range of intentional and unintentional acts which cause injury to an individual or entity’s person, property or reputation. Examples include claims of fraud, misrepresentation and tortious interference with contractual relations. 

 

LLC lawyers have decades of combined trial and litigation experience involving the most complex types of commercial transactions and disputes.  Whether involving claims arising from breach of contract or tort, LLC’s team of experienced attorneys has the advanced litigation and strategic skill set necessary to protect and defend a wide array of business interests.

 

Insurance Law 

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LLC attorneys have a robust practice in the area of insurance coverage law and litigation. Ryan Leonard, Heidi Long and Elaine DeGiusti routinely resolve insurance disputes of all sizes for our clients, and our attorneys have extensive experience adjudicating and negotiating claims, representing claimants, administrators, medical providers, and insurers, as well as handling legal matters before administrative agencies.

 

LLC attorneys also have the background and expertise needed to provide coverage opinions for both insurers and insureds.  When differences over the interpretations of policies cannot be resolved, LLC attorneys are an indispensable resource to parties faced with litigating their claims. 

 

Whether it be commercial or individual insurance policies (including general liability, professional liability, errors and omissions, fidelity bonds, personal hazard insurance or personal health insurance), Leonard, Long & Cassil has extensive experience advancing its clients interests in all areas of insurance law.

 

Receivership Law and Receiverships 

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LLC attorneys have extensive experience in the area of receivership law and receiverships, from serving as counsel to Court-appointed Receivers to being appointed by multiple Courts to serve in the capacity of the Receiver over troubled companies and assets subject to creditor liens.  

 

LLC attorneys Ryan Leonard, Heidi Long, Elaine DeGiusti and Travis Brown have represented the Oklahoma Insurance Commissioner in his capacity as the Receiver for Red Rock Insurance Company, Inc. (formerly known as BancInsure, Inc.), which involves the liquidation of an Oklahoma-domiciled insurance company previously licensed in 49 states.  The Red Rock Insurance Company receivership alone involves adjudicating claims against the company exceeding $367 million, and has resulted in representation of the Receiver in multiple lawsuits in federal and state courts across the country.  Ryan Leonard also currently serves as lead counsel for the Insurance Commissioner in his capacity of Receiver for SeniorSure Healthplans, Inc., another Oklahoma-domiciled insurance company in receivership.

 

In addition to serving as counsel for the Receiver, LLC attorney Ryan Leonard is regularly appointed by Courts to serve as a Receiver for troubled companies and assets subject to creditor liens.  Cases in which Leonard has been the Court-appointed Receiver include:

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• Oklahoma Department of Securities v. Seabrooke Investments, LLC et al., Oklahoma County District Court Case No. CJ-2014-4515,  a securities fraud case in which the Receiver was responsible for managing and liquidating the assets of multiple defendant real estate entities, and making recommendations to the Court on the disposition of approximately $15 million in claims.  A district court ruling in favor of the Receiver’s recommendations was upheld by the Oklahoma Court of Civil Appeals (Case No. 115,215);

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• Bank 7 v. Brian Wood et al., Kay County District Court Case No. CJ-2015-88, a case instituted by a bank in which the Receiver managed and liquidated eighteen parcels of real property in Blackwell, Oklahoma, for the benefit of a financial institution creditor;

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• Frontier State Bank v. ZLW, Inc. et al., Oklahoma County District Court Case No. CJ-2017-2064, a case instituted by a bank in which the Receiver liquidated the assets of a large restaurant for the benefit of a financial institution creditor;

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• AllNations Bank v. John William Bink et al., Kiowa County Case No. CJ-2020-10, a case instituted by a bank in which the Receiver was charged with taking possession of and liquidating certain collateral for a loan, including farm equipment and mineral interests, for the benefit of a financial institution creditor.

 

• Universitas Education, LLC v. Avon Capital, LLC et al., U.S. District Court for the Western District of Oklahoma Case No. 14-FJ-05-HE, a federal case in which the Receiver was appointed to preserve a portfolio of approximately $20 million in life insurance policies.

 

In addition, in November 2018, Ryan Leonard was appointed by the Oklahoma County District Court as Interim CEO of Union Mutual Insurance Company in conjunction with its emergence from receivership (the first ever Oklahoma insurance company to be rehabilitated from receivership). In this role, Leonard was tasked with serving as Interim CEO of the insurance company while identifying and hiring a permanent corporate management team.

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In 2019, Ryan Leonard was appointed by the U.S. District Court for the Western District of Oklahoma in Case No. CIV-18-858-G, Midship Pipeline Company LLC v. Tract No. CN-0004.000, 1.504 acres of land, more or less, permanent easement in Canadian County, Oklahoma et al., to serve as Chairperson of a three-member Commission pursuant to Fed.R.Civ.P. 71.1(h)(2) to assist the Federal Court in determining just compensation to multiple landowners in an eminent domain action brought by Midship Pipeline Company, LLC.

 

In sum, whether serving as counsel for the Receiver, or as the Receiver itself, LLC attorneys possess an arsenal of legal and business expertise which are employed to achieve the best possible result in the most efficient manner possible. 

 

Employment Law 

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Employment law is an area of law relevant to every business. LLC lawyers have extensive expertise and skills tailored to the needs of employers of all sizes, whether in administrative proceedings, formal litigation, or providing advice designed to avoid such situations. LLC lawyers Heidi Long and Ryan Leonard have extensive trial and litigation experience involving all manner of employment issues from unemployment and workers compensation to discrimination and other civil rights claims.  Our lawyers have practiced before the Oklahoma Employment Security Commission, the United States and Oklahoma Departments of Labor, the Oklahoma Workers Compensation Commission, the Equal Employment Opportunity Commission, and numerous state and federal courts in areas related to employment law.  Their experience extends also to developing policies and procedures, crafting employment handbooks, and providing timely advice concerning the implementation of adverse employment actions required by businesses to focus on mission-critical goals.  Our lawyers believe staying abreast of the ever-changing regulatory, legislative, and case law landscape is necessary to provide the highest level of services to our clients. 

 

LLC lawyers are recognized for their knowledge of employment law in the wider legal community.  Ryan Leonard has almost two decades of experience advising employers across Oklahoma, as well as invaluable experience as a business executive himself.  Heidi Long has specialized experience representing government employers. 

 

ELB’s employment law group is a valuable resource to both Human Resource departments and in-house legal staff when technical knowledge and practical skills are an absolute must.

 

Native American and Tribal Law 

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In 2020, partner Ryan Leonard was hired by Oklahoma Governor Kevin Stitt to serve as his Special Counsel for Native American Affairs.  In this capacity, Ryan assisted the Governor and his administration on issues arising from the United States Supreme Court’s decision in McGirt v. Oklahoma, which substantially expanded the recognition of “Indian country” within Oklahoma.

 

In January 2021, as authorized by Oklahoma law, Governor Stitt designated Ryan as the lead negotiator for Oklahoma in discussions with Oklahoma's Native American tribes to address the foundational jurisdictional issues raised by the McGirt decision.

 

In 2022, alongside Oklahoma’s Attorney General and national counsel, Ryan served as co-counsel representing the State of Oklahoma before the United States Supreme Court in Oklahoma v. Castro Huerta.  On June 29, 2022, the United States Supreme Court decided Castro-Huerta in favor of Oklahoma, restoring substantial portions of the state’s sovereignty that had been threatened by McGirt.

 

Ryan remains one of the state’s foremost authorities on the unprecedented legal and jurisdictional issues raised by the McGirt decision.