J. Blake Patton

Blake Patton attorney
bpatton@waldingpatton.com

Blake Patton is a business-focused litigator with a diverse practice before state and federal courts, and administrative agencies. He is admitted to practice before all Oklahoma state courts, all Oklahoma federal courts, and the Tenth Circuit Court of Appeals.

Mr. Patton devotes a significant part of his practice to pro bono causes, including trial and appellate advocacy for deprived children in cases involving termination of parental rights, as well as constitutional challenges to Oklahoma legislative action. Mr. Patton has testified before the Oklahoma Pardon and Parole Board concerning death row inmate clemency issues, and the propriety of execution by lethal injection through Oklahoma’s controversial three-drug protocol. The constitutionality of this execution protocol was reviewed by the Supreme Court of the United States in Glossip v. Gross, 135 S.Ct. 2726 (2015). Although his primary focus is civil trial and appellate practice, Mr. Patton has represented clients in federal white-collar criminal investigations and prosecutions, including federal R.I.C.O. prosecutions initiated by the U.S. Department of Justice, cyber fraud investigations related to international aircraft lease and purchase transactions conducted by the Federal Bureau of Investigation, and Lacey Act investigations conducted by the U.S. Fish and Wildlife Service.

Mr. Patton has published articles on numerous topics of constitutional law and Oklahoma weapons law. A 2009 law review article authored by Mr. Patton was cited by the Office of the Attorney General for the state of Tennessee in Opinion No. 12-40 related to the constitutionality of SB3002, a bill regulating the ability of Tennessee business owners to exclude firearms from their private property.

Education:

In 2007, Mr. Patton received his B.B.A. magna cum laude in accounting from the University of Oklahoma Price College of Business, while minoring in history. At the University of Oklahoma, Mr. Patton was elected by the student body to serve two consecutive terms as a representative on the University of Oklahoma Student Association Congress. While pursing his undergraduate degree, Mr. Patton became a licensed broker with the Oklahoma Real Estate Commission. Prior to attending the University of Oklahoma, Mr. Patton attended Oklahoma State University on a baseball scholarship as a catcher.

In 2011, Mr. Patton received his law degree from the University of Oklahoma College of Law. During law school, Mr. Patton served as Assistant Articles Editor for Volume 65 of the Oklahoma Law Review. He competed in the 2009 Burton D. Wechsler First Amendment moot court tournament at American University in Washington, D.C. and the 2010 Chicago Bar Association moot court tournament held at the U.S. Court of Appeals for the Seventh Circuit. During his second year of law school, Mr. Patton studied international law, foundations of the European Union, and the history of the English legal system at Brasenose College – University of Oxford. In his third year, Mr. Patton was selected to serve as Carl Albert Executive Fellow for the Oklahoma Department of Securities, where he assisted the Department’s Enforcement Division in the prosecution of securities fraud cases arising under the Oklahoma Uniform Securities Act of 2004. At the Department, Mr. Patton studied the ability of “innocent investors” in a Ponzi scheme to discharge, under the Bankruptcy Code’s exception to discharge at 11 U.S.C. § 523(a)(19), state court judgments obtained by the Department for disgorgement of false investment profits. The question of whether these state court judgments were “for the violation” of securities laws for purposes of non-dischargeability under Section 523(a)(19) was directly answered by the Tenth Circuit in Okla. Dept. of Sec. ex rel. Faught v. Wilcox691 F.3d 1171 (10th Cir. 2012).

Admissions And Memberships:

Mr. Patton is a member of the Oklahoma Bar Association, the Oklahoma County Bar Association, the Cleveland County Bar Association, the American Bar Association, and the Federal Bar Association. In 2015, Mr. Patton was appointed by the President of the Oklahoma Bar Association to serve on the Civil Procedure & Evidence Code, Legislative Monitoring, and Uniform Laws Committees. Mr. Patton is a member of the American Bar Association’s Business Law Section. He attended the 2015 Limited Liability Company Institute in Arlington, Virginia, and the 2017 National Institute on Electronic Discovery in Chicago, Illinois.

Mr. Patton serves as a Director of Thrive, a health collective for Oklahoma’s youth, and is the acting Chairman of its Advocacy Committee.

Mr. Patton also serves as the coach of the University of Oklahoma Mock Trial Team.

Publications and Speaking Engagements:

Pro-Gun Property Regulation: How the State of Oklahoma Controls the Property Rights of Employers Through Firearm Legislation, 64 Okla. L. Rev. 82 (Fall 2011)

In the Wake of Open Carry, The Journal Record, May 23, 2012

Lawyer lists top-7 common misconceptions about SQ 788, NonDoc, June 21, 2018

The Evolving Jurisprudence of the United States Supreme Court on the Second Amendment, Continuing Legal Education, October 12, 2012

Federalism: The Tumultuous Allocation of Power Between State and Federal Governments, Continuing Legal Education, July 10, 2015

The Fundamental Right to Privacy: Constitutional Foundations of Reproductive Autonomy, presented to Thrive on Aug. 31, 2017

Eighth Annual Take Root Conference, University of Oklahoma, Panelist, Feb. 2018

Expression Through Social Media: Best Practices in the Workplace, Aug. 7, 2018

“Gun for Hire” Classified Ads: The Back-Page Interplay of the First Amendment and Tort Law, Continuing Legal Education, Oct. 12, 2018

A Review of Barriers to Healthcare Access, Panelist, Oct. 17, 2018

Published Cases:

Burns v. Cline, 2014 OK 90, 339 P.3d 887 (per curiam) (in a unanimous opinion, obtained emergency injunctive relief from the Supreme Court of Oklahoma prohibiting the enforcement of Senate Bill 1848, 2014 Okla. Sess. Laws ch. 370).

Okla. Coal. for Reprod. Justice v. Cline, 2014 OK 91, 339 P.3d 887 (per curiam) (in a unanimous opinion, obtained emergency injunctive relief from the Supreme Court of Oklahoma prohibiting the enforcement of House Bill 2684, 2014 Okla. Sess. Laws ch. 121); Cline, 2016 OK 17, 368 P.3d 1278 (reversing grant of summary judgment on special law and non-delegation constitutional claims, remanded for further proceedings).

Burns v. Cline, 2016 OK 99, 382 P.3d 1048 (unanimously reversing district court’s grant of summary judgment, and striking Senate Bill No. 642 as unconstitutional in violation of the single-subject rule mandated by Okla. Const. Art. 5. Sec. 57).

Burns v. Cline, 2016 OK 121, 387 P.3d 348 (unanimously reversing district court’s grant of summary judgment, and striking Senate Bill No. 1848 as unconstitutional in violation of the single-subject rule and the Supreme Court of the United States’ decision in Whole Woman’s Health v. Hellerstedt, 136 S.Ct. 2292 (2016)).

Personal:

Mr. Patton and his family live in downtown Oklahoma City. In 2012, Mr. Patton was honored by iON OK as one of the top 30 Oklahomans under the age of 30. Mr. Patton enjoys fly fishing in the Patagonia region of Argentina, and has been an instructor at the Illinois River Fly Fishing School for over a decade. He also has a passion for documentary films, and worked as a production assistant on the 2009 HBO Documentary “Sweethearts of the Prison Rodeo,” filmed inside the walls of the Oklahoma State Penitentiary in McAlester, Oklahoma. In college, Mr. Patton worked as an intern for the NBC Today Show in New York City, the Silverdocs documentary film festival held by the American Film Institute in Silver Springs, Maryland, and the Washington Nationals major league baseball team in Washington D.C.