Bruce A. McKenna Attorney

First Admitted: 1980, Oklahoma

Professional Webpage: https://mpoklaw.com/bruce-a-mckenna/

Bar/Professional Activity:

Mr. McKenna is a member of the Oklahoma bar, New York bar, Muscogee (Creek) Nation bar, Cherokee Nation bar, Tulsa County Bar Association, Federal Bar Association, American Bar Association, and Tulsa County Bar Association. When the Oklahoma appellate court dockets became backlogged, he was asked to, and did, serve as a Judge of the Oklahoma Court of Civil Appeals, Temporary Division. He is a member of the Defense Research Institute and serves on DRI committees related to Appellate Practice, Alternative Dispute Resolution, and Ethics. He is a member of the Oklahoma Association of Defense Counsel and a member of the Appellate Practice Section of the Oklahoma Bar Association. He is currently a Delegate member of the House of Delegates of the Oklahoma Bar Association and is a member of the American Bar Association Advisory Committee. Mr. McKenna is an adjunct professor at the University of Tulsa College of Law and has served in three capacities. First, he taught the first year appellate advocacy course. Second, he served as the coach of the University of Tulsa College of Law National Health Law Moot Court Competition Team. In four years, his teams won the national competition twice and finished second in the nation two other times. Third, he coached the Jessup International Moot Court Team. Mr. McKenna is a former chairman of the Judicial Administration Committee of the Oklahoma Bar Association, Young Lawyer's Division. Mr. McKenna has (a) addressed first year law students at the University of Tulsa College of Law regarding issues of professionalism in advocacy, (b) lectured second year students at the University of Tulsa College of Law on trial and appellate advocacy, written and oral, in the context of competition teams and actual practice, and (c) discussed with members of and candidates for the College of Law's intra-school competition teams effective oral and written appellate advocacy. He also serves as a mentor to law students at the College of Law assisting them in making the transition from law school to practice. He serves the Board of Advocates at the University of Tulsa College of Law as mock trial and appellate judges in intra- and inter- university competition. He (a) served as a mock jurist in the regional finals of the 2020 National Trial Competition, (b) has assisted the National Trial Competition team at the University of Tulsa College of Law in its preparation for the 2021 National Trial Competition, and (c) served as a mock jurist in the competition to invite members to compete in the 2022 National Trial Competition for the University of Tulsa College of Law. He is a member of the Appellate Practice Section of the Oklahoma Bar Association and is a charter member of the Litigation Section of the Oklahoma Bar Association. Mr. McKenna has been a featured speaker on the LegalTalk Radio Network, discussing general litigation procedures for small claims and civil litigation. Mr. McKenna serves as a member of the Ethics and Grievance Committee of the Tulsa County Bar Association. He is a member of the editorial board of the "The Federal Lawyer," the Federal Bar Association magazine, and served as that publication's Senior Proofs Editor. He also serves as a member of the Federal Bar Association Constitution and Bylaws Committee. Mr. McKenna has been selected as a Scholar Member of The 1894 Society at the University of Tulsa. , 1980
Delegate, Oklahoma Bar Association (Tulsa County), 2024

Verdicts/Settlements (Case Results):

Recent successes include various administrative trials and appeals involving the following: Assisted in the preparation of the petition for writ of certiorari in the United States Supreme Court in the case of Clifford v. Trump. Obtained summary judgment in favor of a court appointed parenting coordinator accused of malfeasance in the performance of her duties. Obtained dismissal of national real estate agent against claims brought under residential disclosure act. Obtained dismissal of insurance agent, joined as a defendant in an insurance bad faith case, against claims brought for negligent procurement of insurance. Obtained judgment of dismissal of claims against an attorney alleged to have committed malpractice in connection with representation of a landowner in an eminent domain case. Obtained dismissal of litigation against a construction contractor in a case involving parking facilities. Prepared conveyance documents and corporate records related to the transfer of ownership of a major construction company. Successfully defended a multinational insurer against bad faith claims by an insured who claimed damages based on an allegedly improper workers’ compensation premium audit. Successfully defended claims against a national not-for-profit agricultural organization for negligence, breach of contract, copyright infringement, and defamation. Obtained judgment for minority shareholders of a significant private corporation for claims based on majority shareholder breaches of fiduciary duties and refusals to distribute retained earnings. Successfully defended a well-respected member of the national music industry against claims involving copyright and fraudulent transfer issues and negotiated Publishing Agreements following the completion of the litigation. Obtained dismissal order of $4.5 Billion claim against international insurer and its agent alleging conspiracy to defraud. Successfully defended attorneys involved in multi-district litigation (MDL) class actions and obtained Director's and Officer's Liability coverages in a corollary declaratory judgment action, along with a significant settlement payment to the attorney. Defended class action against real estate management company accused of improper fee collection practices. t. Successfully defended a shareholder derivative action claiming abuse of fiduciary responsibilities in the management of the organization. Defended a national supplier of roofing materials against breach of warranty claims in connection with a public works project claimed to have been so poorly handled as to render a municipal building unusable. Defended a construction management firm against claims of professional negligence in a renovation project commissioned by a major national retailer. Obtained dismissal of claims at arbitration of a security firm working at a munitions plant against claims of dereliction of duty and insubordination. Defended a national contractor against allegations that a renovation project at a national retail store presented latent defects causing severe personal injury. Brought claims of an owner of numerous health club facilities against a general contractor who failed to pay subcontractors and who failed to complete project on time. Obtained judgment of dismissal of a national independent adjuster against a claim of negligence that resulted in a bad faith judgment against the insurer. Defended without payment of indemnity a hospital against claims that it wrongfully terminated an employee based on her gender and as retaliation for a workers’ compensation claim. Obtained dismissal of a claim against a national conglomerate of automobile dealerships for negligent repair of a flood damaged vehicle. Obtained summary judgment in favor of an independent insurance agent against an insurer’s claim to be indemnified against property damage benefits related to the presence of mold in the insured’s building. Obtained summary judgment in favor of an independent insurance agent against a failure to procure requested commercial insurance. Obtained judgment of dismissal of an independent insurance agent accused of failing to obtain requested homeowner's insurance. Obtained dismissal of an independent insurance agent based on the argument that the allegations against the agency were fraudulent so as to defeat diversity jurisdiction. Obtained dismissal of an independent insurance agent without payment of indemnity against claims by an insured of a failure to procure commercial insurance. Obtained judgment of dismissal of an independent insurance agent against a claim of failure to procure sufficient amounts of homeowner’s insurance. Obtained summary judgment on a bad faith claim in federal court for alleged failure to pay workers’ compensation benefits. Obtained dismissals with prejudice of numerous claims asserted against insurance agents and brokers for a major insurer related to alleged failure to procure. Obtained summary judgment in a declaratory judgment action on behalf of an international insurer in federal court to resolve complex coverage issues involving viatical settlements. Defended an oil well operator claimed to have negligently injured a floor hand who suffered permanent and disfiguring injuries. Obtained summary judgment for a real estate broker alleged to have failed to comply with residential defect disclosures. Regularly defend lawsuits brought against insurance agents where negligence is alleged. Obtained judgment of dismissal as a matter of law of insurance agency claimed to have attempted wrongful repossession of vehicles with force-placed insurance. Defended attorney against class action claims in connection with his service as an outside director. Defended a national architectural firm against claims of professional negligence. Defended a national interstate common carrier against numerous claims that its drivers had negligently operated tractor-trailer trucks causing injuries to third parties. Defended an interstate motor carrier and its insurer in a bad faith claim for claimed underpayment of worker’s compensation benefits. Defense of several lawsuits against regional motor carriers involved in injury accidents where negligence was alleged. Obtained summary judgment in favor of a Parenting Coordinator accused of professional malpractice. Obtained summary judgment in favor of an attorney accused of legal malpractice. Obtained dismissal by motion of action against attorney \based on alleged negligence in capacity of court appointed guardian of minor child. Obtained dismissal with prejudice of insurance agent without payment of any settlement to plaintiff. Obtained dismissal of apartment complex accused of failing to protect tenant from assault committed by another tenant without payment of settlement to plaintiff. Obtained summary judgment for national franchise automobile repair shop accused of failing to service vehicle properly resulting in irreparably damaged engine / transmission. Obtained judgment of dismissal in favor of trucking company accused of wrongful disclosure of trade secrets and misappropriation of customer lists. Successfully reorganized health club in expansion efforts into bordering state. Obtained dismissal with prejudice of bad faith claim against international insurance company without payment of settlement to plaintiff. Obtained dismissal with prejudice without payment of settlement in 2 separate litigation matters in state and federal court to 2 plaintiffs in claims against 2 insurance agencies for failure to procure requested insurance. Secured dismissal on motion to dismiss and affirmances at 2 appellate court levels of litigation commenced against Third Party Administrator in connection with State Tort Claims Act action. Jury verdict after trial involving a $1million dollar demand prior to trial and a request to the jury that $800K be awarded as damages against a Veterans Administration appraiser. The verdict came back for only $5K against the appraiser. Obtained dismissals with prejudice but no payment of fund in 2 different cases alleging failure of an insurance agent to procure coverage for the plaintiffs. McKenna has been involved in more than 100 appeals in state and federal agencies and courts. , 2023

Representative Clients:

Agents of Farmers Insurance Group; Conoco/Phillips; Westport Insurance Company; Swiss Re Insurance Company; First Specialty Insurance Company; Oklahoma Attorney Mutual Insurance Company; Endurance Insurance Solutions/Sompo; Nationwide Insurance Group; Great American Insurance Group; Utica National Insurance Group; Universal Underwriters/Zurich Direct; United National Insurance Group; Sonic Automotive Group; Praetorian Insurance Company; Nova Pro Risk Solutions; Murdock Claim Management; Midland Claims Administrators; Gallagher Bassett; North American Risk Services; Hiscox Casualty Management/Hiscox USA; NACC; Hunter Chemical, LLC; First Specialty Insurance Company; Fenton Motors Group; Rockville Risk Management; Continental Western Insurance Company; Union Standard Insurance Company; Clarendon Group; All American Fitness & Racquetball Centers, Incorporated; 10Gym, LLC; PT Enterprises, Inc.; AmTrust; Nautilus Insurance Company; HUB International; BK Multifamily Services, LLC; INSURICA

Transactions:

Represented the purchasers of a regional construction contractor involving the acquisition of the business and prepared all necessary corporate documents to effectuate transfers of the property, inventory and stock. Represented a regional health club in its activities needed to open a location in a neighboring state. Restructured lease agreements for a property management company related to multi - unit facilities. Major licensing agreement and corporate restructuring in connection with personal training services to be provided at Oklahoma's largest fitness group by a national organization. Restructured and merged various related corporations as part of a larger overall corporate reorganization. Drafted contracts, disclaimers, internet registration forms, and documents needed for compliance with the federal TCPA for a major health club. Drafted operating procedures and practices operating and personnel manuals for a regional health club. Prepared necessary dissolution papers for a major restaurant/club. Represented seller in major commercial real estate transaction, drafting all sales contracts and accompanying documents for the transaction. Successfully reorganized health club in expansion efforts into bordering state. Prepared all legal and financial documents related to sale of major car wash facilities and operations. Prepared all legal documents to effectuate sale of a major insurance agency. Created new health club businesses in Arkansas and prepared legal documents related to same. Prepared transaction papers in connection with acquisitions of other businesses. Reorganized health club businesses to update business models / operations. Developed corporate practices re transgender and LGBTQ patrons of health clubs. Prepared various corporate policy changes for a major Tulsa Construction and Real Estate company. Prepared numerous retil lease forms for use by a large Tulsa painting contractor and real estate management company, 2024

Special Licenses/Certifications:

Mr. McKenna is a certified mediator from the Harvard Law School Program on Negotiation and serves as an adjunct settlement conference judge in federal court. Mr. McKenna has been included in America's Best Lawyers for at least the last 10 years, 2024

Pro bono/Community Service:

He is the former president and secretary of the Northeast Oklahoma Studebaker Drivers Club and has published 20 annual pamphlets on the history of the Studebaker Corporation and Studebaker vehicles. He served as a member of the American Bar Association Advisory Committee before the Committee was disbanded. He provides pro bono advice to the Nottingham Estates Homeowners' Association. He has assisted the University of Tulsa College of Law in hosting the regional competition in the law school National Trial Competition and continues to donate his time to the training of students who are members of that competition team. Represented indigent family member and secured title to family home that family was attempting to take away from her. Provided advice to the Studebaker Drivers Club related to land use restrictions on US Route 66 in connection with various local projects. Presented a paper to the Hudson - Wheaton Inn of the American Inns of Court on effective / persuasive legal writing in trial and appellate courts. He has been selected for membership in The 1894 Society at the University of Tulsa for continuing to mentor students and donate funds to assist the National Health Law Competition Team in participating in the annual national competition. For the last 2 years, Mr. McKenna has assisted the National Trial Competiton Team at the University of Tulsa College of Law by acting as a judge to help them prepare for the annual competition. He is a member of the Constitution and Bylaws Committee of the Federal Bar Association, 2024

Honors/Awards:

Honorary lifetime membership in Scribes, the American Society of Writers on Legal Subjects; Charter Member, Oklahoma Bar Association Litigation Section; Strathmore's "Who's Who Worldwide" Lifetime Member and "Executive of the Year"; Namesake of the "Bruce A. McKenna Health Law Competition," University of Tulsa College of Law. Mr. McKenna has been included in America's Best Lawyers since 2013, has been named as both one of Oklahoma's Best Lawyers for the past 15 years, and one of the City of Tulsa's Best Lawyers. He is also included in Martindale-Hubbell's Bar Registry of Pre-eminent Lawyers. He is a member of the Phi Eta and Pi Gamma Mu National Honor Societies and the Delta Theta Phi legal fraternity. Martindale-Hubbell AV Rating for 29 years., not sure what this is asking for

Educational Background:

Long Island University, bachelor's degrees in political science and history, with a minor in environmental science (magna cum laude) 1977; Phi Eta National Honor Society; Pi Gamma Mu National Honor Society; Long Island University Basketball. University of Tulsa College of Law, J.D. (with honors) 1980; Member, Moot Court Board, 1979 and 1980; Tulsa Law Journal Staff Member, Vol. 14; Tulsa Law Journal, Notes and Comments Editor, Vol. 15; American Jurisprudence Awards in Labor Law and Conflict of Laws; Harvard University Law School Program on Negotiation Certified Mediator, 1977

Scholarly Lectures/Writings:

Mr. McKenna is the author of the following: False Light: Invasion of Privacy ?, 15 Tulsa Law Journal 113; A Jury of One's Peers, "The Federal Lawyer," Vol. 57, p.4 (August 2010); Breed Discrimination Laws: So Wrong in So Many Ways, "The Federal Lawyer," Vol. 58, p.4 (June 2011); Biodiversity: It is the Law of Nature so We'd Better Take Heed!, "The Federal Lawyer," Vol. 59, p.4; The Transgender Dilemma, "The Federal Lawyer," Vol. 61, p.4; and "Amusing Anecdotes on "What Not To Do", "The Federal Lawyer," Vol. 63, p.4. Mr. McKenna has authored various continuing education and continuing legal education papers and has lectured at continuing education seminars and in-service sessions for clients and businesses in Oklahoma, Kansas, and Texas. He was awarded a lifetime membership in Scribes for his outstanding contributions as a Notes and Comments Editor of the Tulsa Law Journal. Mr. McKenna participated at Texas Wesleyan University Law School as a panelist at the annual meeting of the National Conference of Law Reviews discussing law review use of technology to reach a broader practitioner audience. In addition, Mr. McKenna is the author of 20 self-published papers on the history and operations of the Studebaker Corporation. Presented a paper to the Hudson - Wheaton Inn of the American Inns of Court on effective / persuasive legal writing in trial and appellate courts.

Industry Groups:

Attorney Malpractice Defense
Automobile Dealerships
Broker - Dealers
Construction Defect
Health Clubs
Insurance Agents And Brokers
Insurance Bad Faith
Professional Liability Defense

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