Depew Gillen Rathbun & McInteer

A general practice law firm in Wichita, Kansas

New partner!

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Depew Gillen Rathbun & McInteer LC Announces New Partner
Wichita KS, January 1, 2017 – We are pleased to announce that Joseph A. Schremmer is now a partner in our firm. Joining our firm in 2015, Joe continues to focus on oil and gas, environmental, and business law. He represents clients across a variety of industries in administrative proceedings, litigation, and business and real estate transactions.

Joseph A. Schremmer
Depew Gillen Rathbun & McInteer, LC
8301 East 21st Street North, Suite 450 | Wichita, KS 67206-2936
316.262.4000 | joe@depewgillen.com
www.depewgillen.com

Estate Planning not “One Size Fits All”

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When it comes to wills, there’s one thing for certain: you won’t be around when yours is read! One way to avoid unintended consequences for your surviving loved ones is to make the best thought-out last will and testament or trust that you can.

“I tell folks that I think they do a service to their family when they do estate planning,” Kimberly Vining, an attorney at Depew & Gillen in Wichita, Kan., said. “It potentially makes their family’s lives easier and simpler, whether that’s with a will or trust or other method.”

For many people, the process starts with a visit to a lawyer. Vining’s first step is to sit down with her client, learn all the important facts of their situation and how they wish their assets to be taken care of after death. “You get to know the client, what their concerns are and what’s driving them to see you,” Vining, who’s been in practice 11 years, said. “When I know what their situation is and what their goals are, I draw up a draft of their document, send it to them and answer any further questions. It’s their plan so you want to make sure they understand it. That’s important before signing it.”

Vining said a number of factors prompt people to make wills or trusts. It may be the birth of a child to a young couple who want to name a guardian in case the worst should happen. It may be someone who owns a business and wants to make sure its assets are looked after in a similar situation. Often, it’s someone whose parent has died and who has been through the experience — good or bad — of seeing that parent’s estate settled. “They’ll say ‘That worked well’ or ‘Oh my gosh, I don’t want my kids to go through that,'” Vining said. “A lot of times the kids maybe never had a conversation with mom or dad about what they owned.”

When people have complex business interests, out-of-state property, a blended family or family members with special needs, the need for a will or trust becomes even more critical.

Vining has seen both sides of the equation. In addition to writing wills and trusts for clients, she helps administer estates. “Working on the administration side really allows me to see the value of it,” she said. “You see how things play out.”

Online will services exist, but if a person has any questions about the process, it’s certainly more reassuring to deal with a professional trained and experienced in the law than a simple online FAQ. “I think that’s a huge disadvantage, not getting questions answered, or not knowing which questions to ask,” Vining said. “To me, one of the most critical components is the education side of it.” By law, online will services contain disclaimers that they cannot offer legal advice. And while those online services offer fill-in-the-blank forms, Vining notes that estate planning is “not one size fits all.”

Even riskier is the decision — and it is a decision — to make no will at all, which leaves your assets to be disposed of according to the dictates of state law. “Some people think estate planning is only for the wealthy,” Vining said. She assures them it is not.

Vining urges people who want to make a will or trust to ask friends and family if they can recommend a lawyer. “A referral is a good way if they’ve had a positive experience. Do your homework and find a lawyer who has that knowledge and experience.”

Kim Vining, Attorney
Kim@depewgillen.com
December 16, 2016

OIL AND GAS OPERATORS PREPARE TO ANSWER CLEAN AIR ACT METHANE INFORMATION COLLECTION REQUESTS (ICR)

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Under the authority of the Clean Air Act, the United States Environmental Protection Agency (EPA) is poised to send information collection requests, called “ICRs,” to thousands of oil and gas operators in Kansas and across the country. ICRs are a tool the EPA can use under the Clean Air Act to obtain information from individuals and organizations for the purpose of developing new air emissions standards and regulations. EPA has stated the purpose of this ICR is to gather information in order to eventually promulgate new air regulations limiting emissions of methane gas from existing oil and gas facilities. Oil and gas facilities include wells, compressors, separators, sweeteners, storage tanks, and pneumatic controls and pumps. Operators can expect to receive the first of these new ICRs before the end of 2016.

EPA has identified the operators who will receive the first part of this new ICR on its website, available at https://oilandgasicr.rti.org. There are two parts to this ICR. Part I is called the operator survey. It requires an inventory of all oil and gas facilities as well as the number of wells, separators, storage tanks, and compressors at each facility. Part I must be completed and submitted to EPA within 30 days of receiving it.

Part II is the detailed facility survey. It will go to operators of selected oil and gas facilities that, in EPA’s opinion, constitute a representative sample of the domestic United States oil and gas industry. Any facility that is selected to receive Part II will be exempted from having to complete Part I. Part II is much more detailed and demanding than Part I. It requires a wide variety of specific information, including for example, equipment counts and measurement data. Part II must be completed and submitted to EPA within 120 days of receiving it. Both Parts I and II are available for viewing on EPA’s website, available at https://www.epa.gov/controlling-air-pollution-oil-and-natural-gas-industry/oil-and-gas-industry-information-requests.

Failure to respond to an ICR, which is sometimes also called a Section 114 letter, could carry penalties under the Clean Air Act of up to $93,750 per day of violation. Obviously, oil and gas operators face significant liability for failure to properly respond to these ICRs. The counsel of an experienced oil and gas environmental lawyer may prove helpful in answering the ICR.

Joseph Schremmer

November 21, 2016

joe@depewgillen.com

LLC – WHEN DOES A LIMITED LIABILITY COMPANY MAKE SENSE?

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Bob, a handy entrepreneur, plans to renovate condominiums, townhomes, and small apartment complexes with the help of a friend, Monet, who inherited a lot of money. They plan to flip some and rent some. Bob and Monet have heard that it is a good idea to form a company to protect them from outside claims, but are not sure if they should incorporate.

Bob states, “I don’t want a lot of paperwork and meetings. I want to get things done. For now, the business will just be the two of us.”

Monet adds, “I have a lot of money and want to protect it. Bob is the builder, I just want to put in cash and have Bob show me the money.”

Bob, “Yeah, I will scout the properties and do all of the work, but Monet will put up the cash to buy the condos and stuff, at least at first.”

It appears that a limited liability company or series limited liability company is the form of business that will best serve Bob and Monet. Here’s why.

A limited liability company (LLC) protects the owners against personal liability like a corporation. As a separate entity, the LLC will shield Bob and Monet from personal liability from outside claims stemming from business they do in the LLC. Unless they do something wild and crazy, they only will be liable for the debts and obligations of the LLC up to the amount of their respective investments in the LLC. Unless Monet offers a personal guarantee, only the money she invests in the LLC will be at risk.

And, unlike a corporation that is taxed at the corporate entity and shareholder levels, in an LLC, income taxes are only levied at the individual owner’s level as in a partnership. This “pass-through” tax treatment also will allow them to write off losses. Another perk of an LLC is that non-wage income earned in a “pass through” business like an LLC is not currently subject to income tax at the state level in Kansas. More money for Bob and Monet.

Remember, Bob doesn’t want to get bogged down with a lot of formalities. Since the activities of an LLC are governed by an operating agreement, you don’t need a lot of meetings, votes and resolutions to get business done. In an LLC, you can make management of the business simple and flexible in the operating agreement.

While Bob is hustling, Monet is simply looking for a return on her cash. In an LLC, ownership and profits interests can be different. For putting up the cash, Monet wants to own 60% of the LLC, but has agreed that since Bob will be doing all of the work, that he will get 75% of the profits. In an LLC, you can split ownership 60%-40% and profits 25%-75% (or any other ratio).

Since Bob and Monet plan to collect rent, a form of passive income, they are better off with an LLC than an S corporation. An S corporation is a form of corporation that allows for that favorable pass-through tax treatment like an LLC or partnership, but an S corporation may not have passive income that exceeds 25% of its gross receipts in 3 consecutive years, or it will be subject to taxation at the corporate level too. They don’t want double taxation.

Monet, “Hey, what about that Series LLC?”

Bob and Monet plan to make a number of real estate investments, so it may be a good idea to isolate the liabilities of certain projects in separate LLCs. A series LLC may reduce the expense of forming, maintaining, and administering multiple LLCs. In its operating agreement, an LLC may establish one or more series of members, managers or interests having separate rights and duties with respect to specified property. The organizational documents can provide for each series to have limited liability so that the debts and liabilities of a particular series will only be enforceable against the assets of such series. A claim arising out of any property should not allow a claimant to reach the assets of any other series.

Robert J. Vincze

October 21, 2016
robert@depewgillen.com
Depew Gillen Rathbun & McInteer, LC
depewgillen.com

This article is based on hypothetical facts and is issued for general informational purposes only. It is not intended to be construed or used as legal advice.

Kimberly A. Vining

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Kim Vining works primarily in the areas of estate planning and probate, real estate and business law.

Born in Hutchinson, Kansas, Kim received her B.S. degree in biology from Southern Nazarene University in 2002 and her Juris Doctor degree with Dean’s Honors from Washburn University School of Law in 2005. While in law school, she participated in the Women’s Legal Forum and Law Student Division of the American Bar Association.

Kim is a member of the Wichita and Kansas Bar Associations, the Young Lawyers Association and the Wichita Women Attorneys Association (President 2014-2015). She is a member of the Wichita Estate Planning Council (President 2014-2015), the Junior League of Wichita and also served on the Board of the Friends of the Wichita Art Museum. She was Co-Chair of the Art & Book Fair 2008-2009 to benefit the Art Museum. Kim was a member of the Leadership Class of Wichita (2010).

Charles C. Steincamp

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Chris Steincamp currently serves as managing partner of the firm and practices primarily in the areas of environmental and oil and gas law.

Chris has been involved in complex environmental litigation, regulatory matters and environmental issues in mergers and land transactions in Kansas and across the country. He has authored numerous articles on environmental law and oil and gas law and spoken at seminars on environmental compliance and litigation and energy-related topics. Chris also authored the environmental law chapter of the Kansas Annual Survey of Law for 15 years and is one of the authors of the Kansas Bar Association Environmental Handbook. He is a member of the Kansas Association of Defense Counsel and the Defense Research Institute.

Chris was born in Great Bend, Kansas, and received his B.S. degree in geology from Kansas State University in 1989 and Juris Doctor (magna cum laude) from Washburn University in 1993.

Chris is a licensed geologist and past Chairman of the Kansas State University Geological Advisory Council and past President of the Oil, Gas and Mineral Law Section of the Kansas Bar Association. He is a member of the Wichita and Kansas Bar Associations, American Association of Petroleum Geologists and a member of the Division of Environmental Geosciences. He also serves on the Wichita Area Chamber of Commerce Water Resources Committee and is a member of the Kansas Independent Oil & Gas Association (KIOGA).

Chris has served two terms as Chairman of the Board of the American Heart Association, Sedgwick County Division, and is a past President of the Downtown Y’s Men’s Club of Wichita. He was selected for the 2003 Class of 40 Under 40 and the 2003 Class of Leadership Wichita. Chris has served on the Board of Directors of Wichita Festivals, Inc., and Friends of the Wichita Art Museum, Inc. as well as the Dean’s Council for the College of Arts and Sciences at Kansas State University. He received the Alumni Merit Award by Kansas State University College of Arts and Sciences in 2012. He has served as Chairman of the Board on the Wichita Crime Commission Board of Directors. Chris has been listed in “Best Lawyers in America” in environmental law since 2006. He has been the Lawyer of the Year in Environmental Law in 2014, 2016, 2017, 2018, 2019, 2020 and 2021. Chris also authors the Oil & Gas Law Chapter of the Annual Survey of Law published annually by the Kansas Bar Association and the Annual Update on Oil and Gas Exploration and Production, Legal Developments in Kansas published annually by the American Bar Association.

Randall K. Rathbun

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Randy Rathbun is recognized as one of the foremost litigators in the state of Kansas representing the rights of injured individuals and land owners in environmental and toxic exposure litigation. He is also an accomplished plaintiff’s trial lawyer in other areas, including employment, products liability law, and sexual harassment/abuse cases.

Randy was U.S. Attorney for the District of Kansas from 1993 to 1996, serving on the Attorney General’s Advisory Committee of U.S. Attorneys and chairing the environmental subcommittee from 1994 to 1996. He has also written articles and conducted numerous continuing legal education programs on trial practice, environmental and employment law.

Randy was born in Ellsworth, Kansas, receiving his B.S. degree in political science from Kansas State University in 1975 and his Juris Doctor degree from Washburn University in 1978.

Randy is a member of the Kansas and Wichita Bar Associations. He has been recognized by his peers for his expertise in environmental litigation with his listing in “The Best Lawyers in America” every year since 1995. He has also been recognized in Chambers “America’s Leading Business Lawyers” for his work in plaintiff’s employment and environmental law and was also selected for inclusion with numerous “Missouri and Kansas Super Lawyers” listings. Randy was inducted into the American College of Trial Lawyers in 2002. Fellowship in the College is by invitation and extended after careful investigation into the trial skills and ethical conduct of an attorney.

Jack Scott McInteer

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Jack McInteer is a business and real estate lawyer who specializes in representing entrepreneurs. His practice extends worldwide and encompasses negotiating and closing of mergers, acquisitions, financings, and other business deals.

Jack has developed an expertise in legal ethics. He speaks frequently on business and ethics topics and is an author and editor of four editions of the Kansas Ethics Handbook, past Chairman of the State Ethics Advisory Committee, a member of the Wichita Ethics Investigation Committee, a member of the Kansas Supreme Court Board for Discipline of Attorneys, and member of several special committees appointed by the Kansas Supreme Court to review and recommend proposed rule changes.

Jack was born in Kansas City, Missouri, and received a B.A. degree in mathematics and chemistry and a B.S. degree in physics in 1969 from the University of Missouri, Columbia, and a Juris Doctor degree in 1972 from the University of Missouri, Kansas City. He also did advance studies in economics at Wichita State University in the Master of Arts program.

Jack is a member of the Wichita Chamber of Commerce Aviation Task Force, the American Bar Association Forum on Air and Space Law (Aircraft Financing Division), the American Bar Foundation (Life Fellow), the National Transportation Safety Board Bar Association, the Kansas Bar Foundation, past member of the Board of Governors of the Wichita Bar Association, and a past President of the Kansas Bar Association Section of Aviation. Jack also served on the faculty of Wichita State University. In 2009, Jack received the Howard C. Kline Distinguished Service Award from the Wichita Bar Association for exemplifying integrity, professionalism, and service to the Bar, and in 2010 received the Robert L. Gernan Award from the Kansas Continuing Education Commission for outstanding service to legal education in Kansas.

Dennis L. Gillen

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Dennis Gillen specializes in business and business litigation, construction, health care, individual representation and general civil litigation. He also frequently serves either by court appointment or agreement of the parties as a mediator or arbitrator in civil disputes.

Dennis was born in Kingman, Kansas, and received his B.A. degree (magna cum laude) from Washburn University in 1969 and his Juris Doctor degree (cum laude) from Washburn University in 1972.

Dennis has been active in Kansas Bar Association, being twice elected to the Kansas Supreme Court Nominating Committee and serving as a member of the Board of Governors, Secretary-Treasurer, Vice President and as President of the Kansas Bar Association in 1994. He is a member of the National Health Lawyers Association and a fellow of the American and Kansas Bar Associations.

Dennis has also been a member of the Board of Governors and Vice President of the Wichita Bar Association. He has been recognized by his peers for his expertise in commercial litigation with his listing in “The Best Lawyers in America.” He has also been recognized in Chambers “America’s Leading Business Lawyers” for his work in commercial litigation and alternate dispute resolution and was selected for inclusion in the “Missouri and Kansas Super Lawyers” listing, designated as one of the top 100 lawyers in Missouri and Kansas.

Register to vote in the November election

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voter buttonsIn Kansas, the deadline to register to vote in the Nov. 8 presidential election is October 18. Voting is an essential duty for all Kansans. It’s one of the best ways to participate in the democratic process.

“Nobody will ever deprive the American people of the right to vote except the American people themselves and the only way they could do this is by not voting.”

– Franklin Delano Roosevelt

Here is some information to help you make sure your vote counts this November:

Are you eligible to vote? You must be at least 18 years of age, a Kansas resident, and a US citizen. There are some things that can disqualify you from voting, such as being convicted of a felony. See the full list on the Secretary of State’s website.

Unsure if you’re registered? Check your registration using this online form.

Are you a first-time voter? You’ll have to provide proof of citizenship.

Most people can register to vote online. You can register online if you have a valid Kansas driver’s license or a Kansas ID card. Visit this link to register online.

You can also fill out a paper form, which can be downloaded and printed, or you can pick one up at your county election office, public libraries, banks, grocery stores and other locations. Take your completed paper form and all supporting documents to your county election office, or mail or fax your application.

After you register, you will receive confirmation in the mail from the county election office. Your polling place will be listed on your voter registration card.

When you go to vote, bring along valid photographic identification, such as your driver’s license of passport. Here’s a full list of valid identification forms:

If you prefer to advance vote, be sure to apply before November 4. Your vote is due by the time the polls close on November 8.

You can also vote by mail by completing an application, using the same deadlines as for advance voting.

Remember: to vote in the November general election, you must be registered by October 18.

After you have registered to vote, please share this page with a friend.