Stinson LLP

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50 S. 6th St.
Suite 2600
Minneapolis, MN 55402, United States
Phone: 612.335.7222
Fax: 612.335.1657
Practice Groups
Areas Of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Arizona
  • Colorado
  • D.C.
  • Kansas
  • Minnesota
  • Missouri
  • Nebraska
  • New York
  • North Dakota
  • Texas
Number of Attorneys
400+ Attorneys

Auto Service Advisors are Exempt Under the FLSA

The U.S. Supreme Court held yesterday that auto service advisors, employees at car dealerships who consult with customers about their servicing needs and sell them servicing solutions, are exempt under the Fair Labor Standards…more

Appeals, Automotive Industry, Car Dealerships, Congressional Intent, Exempt-Employees

See all updates »

Bankruptcy Auctions Present Opportunities to Acquire Energy Assets with Limited Risk

Energy industry bankruptcies of all types are expected to increase, offering an opportunity for companies to acquire assets for their operating portfolios while taking advantage of the bankruptcy process. We have received…more

Business Assets, Commercial Bankruptcy, Energy Sector, FERC

See all updates »

SEC Staff Posts Conflicts of Interest Guidance for Broker-Dealers and Investment Advisers

On August 3, 2022, the Securities and Exchange Commission (SEC) staff published a Q&A-Styled Bulletin focused on conflicts of interest under the Investment Advisers Act of 1940 (Advisers Act) and Regulation Best Interest (Reg…more

Broker-Dealer, Conflicts of Interest, Financial Services Industry, Investment Adviser, Investment Advisers Act of 1940

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Marketing Partnerships with Olympic Athletes: Is it Worth the Effort for Cannabis Brands?

As the 2024 Paris Olympics draws near, many brands are eager for an opportunity to partner with Olympic athletes to enhance brand visibility and grow market share in competitive industries. In particular, brands participating in…more

Advertising, Athletes, Brand, Business Development, Cannabis Products

See all updates »

Significant Changes Impacting FY2025 H-1B Lottery

The H-1B lottery process for professional foreign workers for Fiscal Year 2025 will be different than in prior years. In order to prepare for the highly anticipated lottery, employers will need to be aware of significant…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Immigrants

See all updates »

Colorado Legislation Tackles Algorithmic Discrimination in AI

Colorado is the first state to enact a comprehensive artificial intelligence (AI) law to protect consumers against discrimination after a nearly identical bill failed to pass in Connecticut. The purpose of the Colorado…more

Algorithms, Artificial Intelligence, Automation Systems, Colorado, Contract Drafting

See all updates »

Insurance Coverage for Protest-Related Property Damage & Civil Closure Orders

As riots have swept across our cities, businesses have suffered direct property losses, including looting, broken storefront glass and signage, damaged inventory and business property, and smoke and fire damage. Businesses have…more

All-Risks Insurance, Business Closures, Business Interruption, Coronavirus/COVID-19, Insurance Claims

See all updates »

FinCEN Proposes Expanding AML Rules to Investment Advisers

On February 13, 2024, the Financial Crimes Enforcement Network (FinCEN) of the U.S. Department of Treasury (Treasury) issued a "Notice of proposed rulemaking" (proposed rule) that would require Securities Exchange Commission…more

AML/CFT, Anti-Money Laundering, Beneficial Owner, BSA/AML, Comment Period

See all updates »

Supreme Court Unties The Hands Of Courts To Award Attorney's Fees In Patent Cases

On April 29, 2014, the U.S. Supreme Court issued two unanimous opinions that softened the Federal Circuit’s high standard for awarding attorneys’ fees in patent cases. See Octane Fitness, LLC v. Icon Health & Fitness, Inc., No…more

Attorney's Fees, Brooks Furniture, Highmark v. Allcare, Octane Fitness v. ICON, Patent Infringement

See all updates »

Justices Clarify Scope of Anti-Hacking Law

Last week, in a 6-3 opinion delivered by Justice Amy Coney Barrett, the U.S. Supreme Court settled a long-running question about the scope of the Computer Fraud and Abuse Act of 1986 (CFAA). In Van Buren v. United States, the…more

Computer Fraud and Abuse Act (CFAA), Databases, Police, SCOTUS, Unauthorized Access

See all updates »

Missouri OA Removes Public Access to Procurement Materials, Complicating Bid Protest Analysis

Last month, the Missouri Office of Administration (OA) posted notices to the MissouriBUYS website and OA’s bid document portal announcing that the agency will be restricting public access to bid documents to avoid running afoul…more

Bid Protests, Procurement Guidelines, Public Access Laws, Public Bidding, Regulatory Reform

See all updates »

OSHA Publishes Hotly Anticipated Proposed Heat Standard

At long last and at the tail-end of what is on track to be the hottest summer on record, the Occupational Safety and Health Administration (OSHA) issued its first proposed heat standard on August 30, 2024. OSHA's Notice of…more

Comment Period, Employees, Employer Liability Issues, Health and Safety, Heat Exposure

See all updates »

David Bengtson and Frank Basgall Discuss Habendum Clause and Production in Paying Quantities at KIOGA Conference

The Wichita Bar Association's KIOGA conference is an annual oil and gas conference for lawyers, oil and gas producers, landmen and other participants in the oil and gas industry…more

Contract Terms, Energy Policy, Energy Projects, Mineral Extraction, Oil & Gas

See all updates »

HVCRE Relief for Lenders

In the wake of the 2007-2008 financial crisis there was a heightened focus on the risk management and capital adequacy requirements of financial institutions. As a result, the concept of High Volatility Commercial Real Estate…more

Capital Requirements, Commercial Real Estate Contracts, Commercial Real Estate Market, Financial Institutions, HVCRE

See all updates »

Minnesota Pay Transparency Requirements Signed into Law

Certain Minnesota employers will be required to disclose starting salary ranges, or a fixed pay rate, in all job postings beginning January 1, 2025. This new requirement, signed into law by Governor Tim Walz on May 17, 2024, as…more

Disclosure Requirements, Employer Liability Issues, Hiring & Firing, Job Ads, Job Applicants

See all updates »

David Bengtson and Frank Basgall Discuss Habendum Clause and Production in Paying Quantities at KIOGA Conference

The Wichita Bar Association's KIOGA conference is an annual oil and gas conference for lawyers, oil and gas producers, landmen and other participants in the oil and gas industry…more

Contract Terms, Energy Policy, Energy Projects, Mineral Extraction, Oil & Gas

See all updates »

Energy Insight: Southern Exposure! That Giant—And Welcome—Expanding Market: North America's Southern Base

For natural gas producers in the Bakken Formation looking for a market to soak up shale gas, the United States and Canada already are relatively awash…more

Exports, Imports, Natural Gas, Shale Gas

See all updates »

DOL Issues FAQs on SECURE Act Lifetime Income Illustrations and Interim Final Rule

On July 26, 2021 the Department of Labor’s (DOL) Employee Benefits Security Administration issued a set of four frequently asked questions (FAQs) that address the implementation of Section 203 of the Setting Every Community Up…more

401k, Compensation & Benefits, Defined Benefit Plans, Department of Labor (DOL), Employee Benefits

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Update: HF100, the Legalization of Adult-Use Cannabis in Minnesota

For the first time in nearly a decade, one-party control returned to Minnesota in 2022, with the Democratic-Farmer-Labor (DFL) party taking control of all of the levers of state government. This led to an extraordinarily active…more

Cannabis Products, Decriminalization of Marijuana, Dispensaries, Employees, Employer Liability Issues

See all updates »

Minnesota-Regulatory-Filing-Deadline-Relief

As part of its recent COVID-19 response package, the Minnesota Legislature provided the Commissioner of Commerce with wide emergency authority to extend, delay or waive deadlines for all licensing, investigative and filing…more

Coronavirus/COVID-19, Filing Deadlines, License Renewals, Licensing Rules, Regulatory Requirements

See all updates »

SEC Charges Company for Undisclosed Perquisites

In a settled enforcement action, the SEC charged Argo Group International Holdings, Ltd. with failure to disclose perquisites provided to its CEO and board member, Mark E. Watson III. In an interesting twist, the SEC charged…more

Books & Records, Disclosure Requirements, Enforcement Actions, Failure To Disclose, Foreign Corrupt Practices Act (FCPA)

See all updates »

Music Modernization Act Update

U.S. Copyright Office Approves Mechanical Licensing Collective - There is a new federally appointed team in charge of licensing music to digital services which will result in payments to songwriters. The U.S. Copyright Office…more

Copyright, Digital Downloads, Intellectual Property Protection, Mechanical License, Music Industry

See all updates »

Impact of the Inflation Reduction Act of 2022 on Renewable Energy Tax Credits

On August 16, 2022, President Biden signed the Inflation Reduction Act of 2022 (Act) into law. The Act, while not as expansive as the previously proposed Build Back Better Act, addresses numerous areas of policy and law…more

Biden Administration, Climate Change, Inflation Reduction Act (IRA), Infrastructure, Investment Tax Credits

See all updates »

First of its Kind Privacy Law Signals Fundamental Shift in Protection of Consumer Health Data

As more and more states consider consumer privacy laws, the first-of-its kind My Health My Data Act (the Act) could be a harbinger of health and wellness compliance requirements to come. The ramifications of Washington state's…more

Data Collection, Data Management, Data Protection, Electronic Medical Records, Electronic Protected Health Information (ePHI)

See all updates »

Update on Vaccine Requirements and Roll Out of the Path out of Pandemic Plan

We have been answering a number of questions from clients regarding the nature and scope of the requirements for COVID vaccination, testing, masking and more. Our previous alert and blogs laid out the administration's Path out…more

Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Employer Mandates, Federal Contractors

See all updates »

NLRB Updates Framework for Analyzing Discipline Based on Offensive Conduct or Behavior

In its recent General Motors LLC decision, the National Labor Relations Board fundamentally changed its framework for deciding whether employees engaging in offensive conduct or behavior are protected by Section 7 of the…more

Employer Liability Issues, Employment Policies, General Motors, NLRA, NLRB

See all updates »

Minnesota Historic Legislative Session Comes to an End

In what many are calling one of the most consequential legislative sessions in Minnesota's history, Gov. Tim Walz and legislative leaders pulled together a last-minute $72 billion budget deal to close out the 2023 legislative…more

Abortion, Capital Investments, Employee Benefits, Gun Laws, Marijuana

See all updates »

Conflicting Court Decisions on Privilege Issues Create Risks for Parties in M&A

A recent court decision exemplifies the challenges that businesses face in attempting to predict the law that will control privilege questions. The court decided that the law of the state where the court is located governs such…more

Attorney-Client Privilege, Confidential Information, Disclosure, PricewaterhouseCoopers, Privileged Communication

See all updates »

DOL Settlements Remind Employers to Avoid Collecting Premiums Until Evidence of Insurability is Approved

The U.S. Department of Labor (DOL) announced two settlements with major insurance companies this month that highlight the importance of employers avoiding the collection of group life insurance premiums from employees until the…more

Benefit Plan Sponsors, Denial of Insurance Coverage, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

See all updates »

Congress Revamps Retirement Planning with Secure 2.0

Congress made several changes to retirement plans as part of the Consolidated Appropriations Act of 2023, which recently passed both the House and Senate. The final bill contains several provisions affecting retirement plans…more

401k, 403(b) Plans, Compensation & Benefits, Consolidated Appropriations Act (CAA), Employee Benefits

See all updates »

Bankruptcy Auctions Present Opportunities to Acquire Energy Assets with Limited Risk

Energy industry bankruptcies of all types are expected to increase, offering an opportunity for companies to acquire assets for their operating portfolios while taking advantage of the bankruptcy process. We have received…more

Business Assets, Commercial Bankruptcy, Energy Sector, FERC

See all updates »

Members and Managers of Arizona LLCs Owe Common Law Fiduciary Duties to the Company

The Arizona Supreme Court held on Tuesday that members and managers of Arizona limited liability companies (LLCs) owe common law fiduciary duties to the company, but that an operating agreement may limit such duties except for…more

AZ Supreme Court, Commercial Bankruptcy, Common Law Torts, Fiduciary Duty, Limited Liability Company (LLC)

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Office of the Comptroller of Currency to Issue Charters to Fintech Companies

On Friday, December 2, the Office of the Comptroller of Currency (OCC) announced that it would start considering applications for special purpose national bank charters from financial technology (fintech) companies. The OCC…more

Banking Sector, Comment Period, Consumer Financial Protection Bureau (CFPB), FDIC, FinTech

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Pass Interference: Potential Tax Implications of NIL Collectives in College Sports

Conference realignments. TV deals continuing to soar. Name, image and likeness. If there is one thing that has recently come to define college sports, it is the constant flux and the ebb and flow of change permeating the…more

501(c)(3), Athletes, College Athletes, Compensation, Educational Institutions

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Software Patents Vulnerable: Use of a Computer is "Not Enough"

The U.S. Supreme Court's decision in Alice Corp. v. CLS Bank Int'l has effectively shut the door on obtaining patent protection for conventional business methods implemented on a computer. However, the decision leaves open the…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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New Missouri Law Provides Job-Protected Leave for Victims of Domestic and Sexual Violence

Missouri recently enacted the Victims Economic Safety and Security Act (VESSA) requiring employers with at least 20 employees to provide victims of domestic or sexual violence with both job-protected leave and safety…more

Domestic Violence, Employee Rights, Labor Regulations, Leave of Absence, New Regulations

See all updates »

Wisconsin Adopts Model Money Transmission Modernization Act, Joining 19 Other States

On April 4, 2024, the State of Wisconsin enacted S.B. 668 (the Act), repealing the state’s existing Seller of Checks Act, which solely regulated money transmitters with a physical presence in Wisconsin, and replacing the prior…more

Banking Sector, CSBS, Financial Institutions, Financial Services Industry, Money Transmitter

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Minnesota Passes Renewable Energy Policies Impacting Various Industries

This week, the Minnesota Legislature passed and delivered to the governor for signature HF2310, an energy policy omnibus bill that provides $216 million for energy initiatives in the state. The legislation includes approximately…more

Climate Action Plan, Climate Change, Electric Vehicles, Energy Policy, Energy Reform

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House Passes Landmark, Pro-Union, Labor Reform: the PRO Act

On March 9, 2021, the House of Representatives passed S. 420/H.R. 842, the pro-union “Protecting the Right to Organize Act of 2021” (PRO Act), by a vote of 225-206, largely along party lines. On March 11, 2021, the bill was sent…more

Biden Administration, Labor Disputes, Labor Reform, Labor Relations, Legislative Agendas

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Significant Changes Impacting FY2025 H-1B Lottery

The H-1B lottery process for professional foreign workers for Fiscal Year 2025 will be different than in prior years. In order to prepare for the highly anticipated lottery, employers will need to be aware of significant…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Immigrants

See all updates »

Federal Courts Respond to Challenges to DOL's Salary Threshold Rule

On April 23, 2024, the U.S. Department of Labor (DOL) issued a final rule which included a two-step raise of the federal minimum salary requirement for exempt employees under the Fair Labor Standards Act (FLSA). Beginning July…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules

See all updates »

The Impact of the Coronavirus on the Global Supply Chain

At the end of December, China acknowledged the existence of the coronavirus, and this burgeoning heath crisis is becoming a supply chain problem. China, a major manufacturing hub for materials, products and components being used…more

Best Practices, Business Interruption, China, Coronavirus/COVID-19, Critical Infrastructure Sectors

See all updates »

SCOTUS: Pure Omissions Do Not Support Securities Fraud Claims Even If the Omissions Violate SEC Disclosure Requirements

Last week, the U.S. Supreme Court issued a unanimous decision in Macquarie Infrastructure Corp. et al. v. Moab Partners L.P. et al., holding that an omission to make disclosures required by U.S. Securities and Exchange…more

Disclosure Requirements, Failure To Disclose, Macquarie Infrastructure Corp v Moab Partners LP, Omissions, Rule 10(b)

See all updates »

Justices Clarify Scope of Anti-Hacking Law

Last week, in a 6-3 opinion delivered by Justice Amy Coney Barrett, the U.S. Supreme Court settled a long-running question about the scope of the Computer Fraud and Abuse Act of 1986 (CFAA). In Van Buren v. United States, the…more

Computer Fraud and Abuse Act (CFAA), Databases, Police, SCOTUS, Unauthorized Access

See all updates »

Minnesota Pay Transparency Requirements Signed into Law

Certain Minnesota employers will be required to disclose starting salary ranges, or a fixed pay rate, in all job postings beginning January 1, 2025. This new requirement, signed into law by Governor Tim Walz on May 17, 2024, as…more

Disclosure Requirements, Employer Liability Issues, Hiring & Firing, Job Ads, Job Applicants

See all updates »

Justices Clarify Scope of Anti-Hacking Law

Last week, in a 6-3 opinion delivered by Justice Amy Coney Barrett, the U.S. Supreme Court settled a long-running question about the scope of the Computer Fraud and Abuse Act of 1986 (CFAA). In Van Buren v. United States, the…more

Computer Fraud and Abuse Act (CFAA), Databases, Police, SCOTUS, Unauthorized Access

See all updates »

SEC Charges Company for Undisclosed Perquisites

In a settled enforcement action, the SEC charged Argo Group International Holdings, Ltd. with failure to disclose perquisites provided to its CEO and board member, Mark E. Watson III. In an interesting twist, the SEC charged…more

Books & Records, Disclosure Requirements, Enforcement Actions, Failure To Disclose, Foreign Corrupt Practices Act (FCPA)

See all updates »

Consumer Product Recalls on the Rise: Important Compliance Reminders for Consumer Products Manufacturers and Sellers

Data from U.S. Consumer Products Safety Commission (CPSC) shows that more consumer products are being recalled now than they have been in recent years. The U.S. PIRG Education Fund published a report on February 2, 2023…more

Children's Products, Consumer Product Safety Commission (CPSC), Manufacturers, Product Defects, Product Recalls

See all updates »

Colorado Legislation Tackles Algorithmic Discrimination in AI

Colorado is the first state to enact a comprehensive artificial intelligence (AI) law to protect consumers against discrimination after a nearly identical bill failed to pass in Connecticut. The purpose of the Colorado…more

Algorithms, Artificial Intelligence, Automation Systems, Colorado, Contract Drafting

See all updates »

Missouri OA Removes Public Access to Procurement Materials, Complicating Bid Protest Analysis

Last month, the Missouri Office of Administration (OA) posted notices to the MissouriBUYS website and OA’s bid document portal announcing that the agency will be restricting public access to bid documents to avoid running afoul…more

Bid Protests, Procurement Guidelines, Public Access Laws, Public Bidding, Regulatory Reform

See all updates »

Missouri Supreme Court Holds Consumer Arbitration Agreements Enforceable

On Tuesday, July 12, 2022, the Missouri Supreme Court issued a unanimous opinion in Bridgecrest Acceptance Corporation v. Kelly Donaldson and Robert Haulcy, No. SC99269 and Bridgecrest Acceptance Corporation v. Christopher…more

Arbitration, Arbitration Agreements, Automotive Industry, Automotive Loans, Business Litigation

See all updates »

Supreme Court Expands Scope of Patent Exhaustion

In Impression Products, Inc. v. Lexmark International, Inc., the U.S. Supreme Court recently held that a patent owner's initial sale of a product, in the U.S. or in a foreign country, exhausts all of the U.S. patent rights in…more

Exports, Foreign Sales, Imports, Impression Products v Lexmark International, IP License

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Supreme Court Strikes Down Chevron

On June 28, the Supreme Court released its opinion in Loper Bright Enterprises et. al v. Secretary of Commerce (Loper), which regulatory practitioners have been anxiously awaiting to see whether the Court would allow…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

See all updates »

EPA Finalizes Groundbreaking Rule to Regulate Two PFAS under CERCLA

On Friday, April 19, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its Final Rule (the Rule) designating two widely used per- and polyfluoroalkyl substances (PFAS) – Perfluorooctanoic…more

CERCLA, Contamination, Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

Emerging Trends Newsletter - Q2

We are thrilled to bring you the 2nd installment of Stinson Leonard Street's Emerging Trends newsletter. Recent Delaware Supreme Court Opinion Limits General Personal Jurisdiction for Foreign Corporation - Recent…more

Arbitration, B Corporation, Banks, Class Action, Consumer Financial Protection Bureau (CFPB)

See all updates »

American Rescue Plan Act Contains Many Employee Benefits Related Provisions

On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (the “ARPA”) into law.  Many of the provisions in this sweeping legislation bring changes to the employee benefits world of which employers should…more

American Rescue Plan Act of 2021, COBRA, Compensation & Benefits, Employee Benefits, Health Insurance

See all updates »

EEOC Releases New “Know Your Rights” Poster

On October 19, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a new version of the “Know Your Rights: Workplace Discrimination is Illegal” poster. This new poster, much like the previous version,…more

Americans with Disabilities Act (ADA), Employee Rights, Employer Liability Issues, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

See all updates »

SEC, FinCEN Propose Customer Identification Program Requirements for RIAs and ERAs

On May 13, 2024, the Securities and Exchange Commission (SEC) and the Financial Crimes Enforcement Network (FinCEN) issued a joint notice of proposed rulemaking (proposed rule) that would impact how investment advisers handle…more

AML/CFT, Anti-Money Laundering, Comment Period, Customer Identification Program (CIP), Financial Crimes

See all updates »

EPA Releases Suite of Environmental Regulations for Utility Sector: What does it mean for you?

On April 25, 2024, the Environmental Protection Agency (EPA) signed four final rules representing multi-media regulation (air, water, waste, climate) for the utility sector. Individually, each rule would have been notable for…more

Air Pollution, Biden Administration, Climate Action Plan, Climate Change, Coal Industry

See all updates »

Federal Courts Respond to Challenges to DOL's Salary Threshold Rule

On April 23, 2024, the U.S. Department of Labor (DOL) issued a final rule which included a two-step raise of the federal minimum salary requirement for exempt employees under the Fair Labor Standards Act (FLSA). Beginning July…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules

See all updates »

Temporary Extension of CARES Act Telehealth/HSA Relief Available

On March 15, 2022, the Consolidated Appropriations Act of 2022 (“2022 CAA”) was signed into law. Among other things, the 2022 CAA temporarily restores the telehealth relief provided under the CARES Act. The CARES Act permitted…more

CARES Act, Compensation & Benefits, Consolidated Appropriations Act (CAA), Employee Benefits, HDHPs

See all updates »

Keeping Track: Summary Chart of COVID-19 Federal Benefits and Programs for Businesses

In the past six weeks Congress has passed hundreds of pages of legislation aimed at assisting businesses through the COVID-19 pandemic. It can be difficult to keep track of all of the programs and the dizzying array of new…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Families First Coronavirus Response Act (FFCRA), Federal Loans

See all updates »

FTC Finalizes Changes to Premerger Notification Form

On October 10, 2024, the Federal Trade Commission (FTC) announced long-awaited finalized changes to the premerger notification form and associated instructions, as well as the premerger notification rules implementing the…more

Antitrust Division, Department of Justice (DOJ), Federal Register, Federal Trade Commission (FTC), Hart-Scott-Rodino Act

See all updates »

Minnesota Historic Legislative Session Comes to an End

In what many are calling one of the most consequential legislative sessions in Minnesota's history, Gov. Tim Walz and legislative leaders pulled together a last-minute $72 billion budget deal to close out the 2023 legislative…more

Abortion, Capital Investments, Employee Benefits, Gun Laws, Marijuana

See all updates »

Should Investors be Wary of Esports Arenas? Traditional Stadium Litigation Hints at Risk

As esports have remained resilient during the pandemic, investors have shown a commitment to leveling up esports infrastructure. Historically, esports contests have been held in retrofitted convention centers, casinos and clubs…more

Accessibility Rules, Americans with Disabilities Act (ADA), Arenas and Stadiums, Construction Project, Critical Infrastructure Sectors

See all updates »

Government Shutdown Instructions from OMB

The U.S. Office of Management and Budget (OMB) has now established a page addressing “Agency Contingency Plans” with myriad links to the plans for a variety of agencies.  The OMB webpage also links to FAQs that address what is…more

Administrative Agencies, Federal Acquisition Regulations (FAR), Federal Contractors, Federal Employees, Federal Funding

See all updates »

Biden Administration Announces Heat-Related Hazard Inspection Initiative, Upcoming Rulemaking

As part of the Biden Administration's efforts to protect workers, the White House announced formal efforts to address heat-related illnesses. The first step is OSHA's recent memo establishing an enforcement initiative to address…more

Biden Administration, Construction Site, Construction Workers, Corporate Counsel, Employer Liability Issues

See all updates »

OSHA Publishes Hotly Anticipated Proposed Heat Standard

At long last and at the tail-end of what is on track to be the hottest summer on record, the Occupational Safety and Health Administration (OSHA) issued its first proposed heat standard on August 30, 2024. OSHA's Notice of…more

Comment Period, Employees, Employer Liability Issues, Health and Safety, Heat Exposure

See all updates »

Justices Clarify Scope of Anti-Hacking Law

Last week, in a 6-3 opinion delivered by Justice Amy Coney Barrett, the U.S. Supreme Court settled a long-running question about the scope of the Computer Fraud and Abuse Act of 1986 (CFAA). In Van Buren v. United States, the…more

Computer Fraud and Abuse Act (CFAA), Databases, Police, SCOTUS, Unauthorized Access

See all updates »

Relief for Middle Market Companies: New Details on the Main Street Lending Program

On April 9, 2020, the Federal Reserve announced its Main Street Lending Program (MSLP), which in its initial form consisted of two facilities through which the Federal Reserve would purchase participations in loans that met the…more

Coronavirus/COVID-19, Eligibility Determination, Federal Reserve, Main Street Lending Programs, Main Street New Loan Facility

See all updates »

FTC Announces Expanded Enforcement Authority

Late last week, the Federal Trade Commission (FTC) issued formal guidance regarding the scope of its enforcement authority under Section 5 of the FTC Act. This guidance previews a material expansion of the FTC’s enforcement…more

Anti-Competitive, Antitrust Provisions, Competition, Enforcement Authority, Federal Trade Commission (FTC)

See all updates »

NLRB Increases Scrutiny of Workplace Rules

BACKGROUND - In its recent Stericycle decision, the National Labor Relations Board (NLRB) modified its framework for evaluating whether employer work rules that do not expressly restrict employee Section 7 activity are…more

Boeing, Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies

See all updates »

Music Licensing in the Age of TikTok

Trends may come and go, but TikTok is likely here to stay. With many people stuck inside during the pandemic and needing inspiration for new hobbies, they turned to TikTok for recipes, books, dances, fashion, makeup and hair,…more

Commercial Use, Copyright, Digital Media, DMCA, Licensing Rights

See all updates »

DOL Settlements Remind Employers to Avoid Collecting Premiums Until Evidence of Insurability is Approved

The U.S. Department of Labor (DOL) announced two settlements with major insurance companies this month that highlight the importance of employers avoiding the collection of group life insurance premiums from employees until the…more

Benefit Plan Sponsors, Denial of Insurance Coverage, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

See all updates »

California Consumer Privacy Act's Employee and Business-to-Business Exemptions Expire Effective January 1, 2023 How Should Employers Prepare?

The California Consumer Privacy Act (CCPA) took effect on January 1, 2020, providing rights and protections to California consumers regarding their personal information and how it may be processed by certain businesses…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Data Collection, Data Management

See all updates »

CMS Says That EMTALA Overrides State Law in Pregnancy Emergencies

On July 11, 2022, United States Secretary of Health and Human Services, Xavier Becerra, issued a letter to hospitals stating that the Federal Emergency Medical Treatment and Active Labor Act (EMTALA) requires physicians and…more

Abortion, Biden Administration, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization, EMTALA

See all updates »

EPA Finalizes Groundbreaking Rule to Regulate Two PFAS under CERCLA

On Friday, April 19, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its Final Rule (the Rule) designating two widely used per- and polyfluoroalkyl substances (PFAS) – Perfluorooctanoic…more

CERCLA, Contamination, Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

North Dakota Supreme Court ruling address the century-old, standard-form oil royalty provision

In a decision involving five separate oil royalty class actions, the North Dakota Supreme Court issued a ruling interpreting the century-old, standard-form oil royalty provision, and holding that it established a valuation point…more

Energy Sector, Mineral Leases, Oil & Gas, Pipelines, Royalties

See all updates »

CFPB Promotes Open Banking as it Issues Final Rule on Personal Financial Data Access Rights

Time will tell whether the Consumer Financial Protection Bureau's (CFPB) stated goals of accelerating "open banking" and competition will come to fruition as a result of the long-awaited final rule implementing Section 1033 of…more

Banking Sector, Banks, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Dodd-Frank

See all updates »

California Consumer Privacy Act's Employee and Business-to-Business Exemptions Expire Effective January 1, 2023 How Should Employers Prepare?

The California Consumer Privacy Act (CCPA) took effect on January 1, 2020, providing rights and protections to California consumers regarding their personal information and how it may be processed by certain businesses…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Data Collection, Data Management

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HSR Act Threshold Update

On January 22, 2024, the Federal Trade Commission (FTC) announced the Revised Jurisdictional Thresholds for Section 7A of the Clayton Act to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act)…more

Antitrust Provisions, Corporate Sales Transactions, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Merger Controls

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Paycheck Protection Program - What Has Changed?

Previously we reported on the various types of loan relief available under the Coronavirus Aid, Relief, and Economic Security (CARES) Act signed into law on March 27, 2020…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Loan Forgiveness, Paycheck Protection Program (PPP)

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The Unauthorized Use of Architect Drawings or Plans: Is it Theft?

OVERVIEW - Recently, the California Court of Appeals in Simmons v. Ehm Architecture, Inc., No. D080702, 2023 WL 8888228 (Cal. App. 4th Dist. Dec, 26, 2023) (unpublished), held that an owner giving his architect's plans to…more

Architects, Architectural Copyrights, Construction Industry, Construction Project, Contract Terms

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Marketing Partnerships with Olympic Athletes: Is it Worth the Effort for Cannabis Brands?

As the 2024 Paris Olympics draws near, many brands are eager for an opportunity to partner with Olympic athletes to enhance brand visibility and grow market share in competitive industries. In particular, brands participating in…more

Advertising, Athletes, Brand, Business Development, Cannabis Products

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The Impact of Subordination Agreements on Lien Priorities

The Colorado Court of Appeals recently decided a question of first impression in Colorado concerning the effect of a subordination agreement on lien priorities. Specifically, the Court had to determine whether to apply the…more

Appeals, Business Litigation, Lien Priority, Subordination Agreement

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Biden Plan Calls for Carbon Neutral Jet Fuel by 2050 With Eye Towards Biofuels

A recently-issued multi-agency report highlights a path for the U.S. government to replace fossil fuel-based jet fuel with renewable sources to address climate change and encourage infrastructure development. The U.S. Department…more

Air Pollution, Aircraft, Aviation Industry, Biden Administration, Biofuel

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SEC Charges Company for Undisclosed Perquisites

In a settled enforcement action, the SEC charged Argo Group International Holdings, Ltd. with failure to disclose perquisites provided to its CEO and board member, Mark E. Watson III. In an interesting twist, the SEC charged…more

Books & Records, Disclosure Requirements, Enforcement Actions, Failure To Disclose, Foreign Corrupt Practices Act (FCPA)

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Federal Regulators to HR Professionals: Remember that the Antitrust Laws Apply to Employment Too

The Department of Justice and the Federal Trade Commission jointly issued an Antitrust Guidance for Human Resources Professionals on October 20, 2016. The DOJ and FTC’s guidance follows several highly publicized…more

Anti-Competitive, Antitrust Provisions, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC)

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CFPB Promotes Open Banking as it Issues Final Rule on Personal Financial Data Access Rights

Time will tell whether the Consumer Financial Protection Bureau's (CFPB) stated goals of accelerating "open banking" and competition will come to fruition as a result of the long-awaited final rule implementing Section 1033 of…more

Banking Sector, Banks, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Dodd-Frank

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Environmental Wrap-Up 2022 and What to Expect in 2023

This alert looks at developments in environmental law that were at the forefront in 2022; the trend is expected to continue into 2023 as the Biden administration continues to act on its regulatory initiatives in the energy and…more

Biden Administration, Clean Air Act, Clean Water Act, Climate Action Plan, Climate Change

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California Supreme Court Rules that Consumer Loans Not Subject to Usury Cap May Still Be Deemed Unconscionable

On Monday, August 13, the California Supreme Court unanimously ruled that the interest rate on a consumer loan in California can be deemed illegally high, even if the loan was not subject to the state’s usury cap…more

CA Supreme Court, CashCall, Consumer Financial Products, Consumer Lenders, Financial Services Industry

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Missouri Court Decision Endorses Tariff Variances to Support Development

A new Missouri Missouri Western District Court of Appeals opinion demonstrates that the Missouri Public Service Commission has broad authority to lower utility costs to encourage development. Members of the development community…more

Energy Policy, Energy Projects, Interconnections, Public Utility, Tariffs

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The EPA's New Action Plan: Changes Underway for PFAS, PFOA and PFOS Oversight

In February of 2019, the Environmental Protection Agency (EPA) announced its plan to continue to lead the national effort to reduce risks of per- and polyfluoroalkyl (PFAS) contamination by implementing a new PFAS Action Plan…more

Airports, CERCLA, Contamination, Environmental Policies, Environmental Protection Agency (EPA)

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Be Careful What You Ask For: The Unintended Consequences of Creditor Remedies in Bankruptcy Cases

To anyone practicing bankruptcy law more than a month, the scenario of a lender secured by a lien against real property, as well as an assignment of rents (“AOR”) is pretty standard fare. Default on the debt occurs, threats (and…more

Assignment of Rents (AOR), Banks, Commercial Bankruptcy, Lenders, Secured Debt

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Voice Recordings, Interconnected Apps and Parental Consent: An Update on COPPA Privacy Compliance

As children's activities on the Internet have expanded, many states and the federal government have enacted legislation to regulate such activities and other "smart" children’s products—products that collect, transmit or store…more

COPPA, Data Collection, Data Protection, Federal Trade Commission (FTC), Mobile Apps

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New Kansas Sales Tax Exemption for Communications Service Providers in Effect

During the 2024 legislative session, the State of Kansas enacted H.B. 2098, amending K.S.A. 79-3606 to include new Section 79-3606(uuuu). Section 79-3606(uuuu) provides a sales tax exemption for all sales of equipment,…more

Infrastructure, Internet Service Providers (ISPs), Kansas, Sales Tax, Tax Exemptions

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EU Authority Publishes New Standard Contractual Clauses

Since the implementation of the EU’s General Data Protection Regulation (GDPR), the European Commission’s (EC) approved Standard Contractual Clauses (SCC) have been vital to the transfer of personal data to third countries…more

Cybersecurity, Data Processors, Data Protection, EU, General Data Protection Regulation (GDPR)

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New Kansas Sales Tax Exemption for Communications Service Providers in Effect

During the 2024 legislative session, the State of Kansas enacted H.B. 2098, amending K.S.A. 79-3606 to include new Section 79-3606(uuuu). Section 79-3606(uuuu) provides a sales tax exemption for all sales of equipment,…more

Infrastructure, Internet Service Providers (ISPs), Kansas, Sales Tax, Tax Exemptions

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Federal Trade Commission Announces Annual HSR Premerger

The Federal Trade Commission (FTC) recently announced the revised thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act)…more

Antitrust Provisions, Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Pre-Merger Filing Requirements

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Paycheck Protection Program - What Has Changed?

Previously we reported on the various types of loan relief available under the Coronavirus Aid, Relief, and Economic Security (CARES) Act signed into law on March 27, 2020…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Loan Forgiveness, Paycheck Protection Program (PPP)

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EPA Releases Suite of Environmental Regulations for Utility Sector: What does it mean for you?

On April 25, 2024, the Environmental Protection Agency (EPA) signed four final rules representing multi-media regulation (air, water, waste, climate) for the utility sector. Individually, each rule would have been notable for…more

Air Pollution, Biden Administration, Climate Action Plan, Climate Change, Coal Industry

See all updates »

Bank Holding Companies MUST Review Their Shareholder Agreements

Many Bank Holding Companies (BHC) have shareholder/stockholder agreements that limit voting rights, transfer of shares and other restrictive provisions. The creation and implementation of these agreements occurred mainly when…more

Bank Holding Company, Business Entities, Contract Terms, FRB, Shareholder Rights

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Decentralized Autonomous Organization Laws Across the U.S.

Blockchain technology is a buzzword that has been used by companies for years. In general, blockchain is a decentralized digital ledger used to record and validate transactions. Historically, the focus has primarily been on how…more

Blockchain, Decentralized Autonomous Organization (DAO), Digital Assets, Distributed Ledger Technology (DLT), Limited Liability Company (LLC)

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USPTO Issues Guidance for Determining Inventorship in AI-assisted Inventions

The United States Patent and Trademark Office (USPTO) recently issued its Inventorship Guidance for AI-assisted Inventions for determining inventorship where artificial intelligence (AI) is used during the invention process. The…more

Artificial Intelligence, Innovative Technology, Intellectual Property Protection, Inventions, Inventors

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Missouri Court of Appeals Finds Single Tenant Finish Mechanics Liens Encumber Entire Mall

On April 12, 2016, the Missouri Court of Appeals for the Eastern District handed down an opinion Crafton Contracting Company, et al. v. Swenson Construction, Inc., that is of interest to owner/landlords, their lenders, tenants…more

Commercial Leases, Commercial Tenants, Landlords, Mechanics Lien, Property Improvements

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FTC Finalizes Changes to Premerger Notification Form

On October 10, 2024, the Federal Trade Commission (FTC) announced long-awaited finalized changes to the premerger notification form and associated instructions, as well as the premerger notification rules implementing the…more

Antitrust Division, Department of Justice (DOJ), Federal Register, Federal Trade Commission (FTC), Hart-Scott-Rodino Act

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Minnesota Historic Legislative Session Comes to an End

In what many are calling one of the most consequential legislative sessions in Minnesota's history, Gov. Tim Walz and legislative leaders pulled together a last-minute $72 billion budget deal to close out the 2023 legislative…more

Abortion, Capital Investments, Employee Benefits, Gun Laws, Marijuana

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Judicial Holdings Throw Vaccine Mandate Implementation into Disarray

As anticipated in our prior alerts, there have been continuing practical and legal challenges to implementing the Path Out of the Pandemic plan. This alert provides an update on the current status of challenges to OSHA's…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Comment Period, Constitutional Challenges, Coronavirus/COVID-19

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Generative AI

Generative artificial intelligence (AI) programs, like Dall-E and ChatGPT, seem to be all the rage right now. Tech companies big and small are now racing to come up with the next big thing. Like other forms of AI, generative AI…more

Artificial Intelligence, Copyright, Copyright Office, eSports, Gaming

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Meta Bags: NFT Complications and Considerations for Traditional Brand Owners

In yet another example of the law trying to keep up with technology, the U.S. District Court for the Southern District of New York issued a decision in Hermès International, et al. v. Mason Rothschild that examines traditional…more

Brand, Digital Assets, Dilution, Fashion Industry, First Amendment

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How Charities are Motivating Donors Under the New Tax Law

For charities, the Tax Cuts and Jobs Act enacted in December 2017 has sparked soul searching and creative solutions as concerns grow about giving challenges…more

Charitable Donations, Charitable Organizations, Estate Tax, Gift Tax, Income Taxes

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Federal Courts Respond to Challenges to DOL's Salary Threshold Rule

On April 23, 2024, the U.S. Department of Labor (DOL) issued a final rule which included a two-step raise of the federal minimum salary requirement for exempt employees under the Fair Labor Standards Act (FLSA). Beginning July…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules

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First of its Kind Privacy Law Signals Fundamental Shift in Protection of Consumer Health Data

As more and more states consider consumer privacy laws, the first-of-its kind My Health My Data Act (the Act) could be a harbinger of health and wellness compliance requirements to come. The ramifications of Washington state's…more

Data Collection, Data Management, Data Protection, Electronic Medical Records, Electronic Protected Health Information (ePHI)

See all updates »

Pay Transparency is Trending

While pay discrimination laws have been around for quite some time, states and localities are increasingly taking pay discrimination a step further to affirmatively require employers to disclose compensation to applicants and…more

Compensation & Benefits, EEO-1, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Equal Pay

See all updates »

Survivors of Clergy Abuse Must File Claims by Aug. 3 in the Minnesota Archdiocese Bankruptcy Case

The unsecured creditors committee in the bankruptcy case of the Archdiocese of St. Paul and Minneapolis today released a video inviting survivors of clergy abuse to file a claim before the August 3, 2015, deadline…more

Child Abuse, Clergy Members, Commercial Bankruptcy, Creditors, Religious Institutions

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EPA Releases Suite of Environmental Regulations for Utility Sector: What does it mean for you?

On April 25, 2024, the Environmental Protection Agency (EPA) signed four final rules representing multi-media regulation (air, water, waste, climate) for the utility sector. Individually, each rule would have been notable for…more

Air Pollution, Biden Administration, Climate Action Plan, Climate Change, Coal Industry

See all updates »

EPA Sets Health Advisories for Drinking Water

The Environmental Protection Agency (EPA) has taken another step impacting the regulation of per- and polyfluoroalkyl substances (PFAS) in drinking water. PFAS are a family of man-made, environmentally-persistent chemicals (or…more

Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Justice Department Updates Self-Disclosure Policy; Deputy AG Announces Further Requirements

On February 22, 2023, the Department of Justice (DOJ) announced an update of its Voluntary Self-Disclosure Policy applicable to all United States Attorneys’ Offices in their prosecution decisions, effective immediately. The…more

Compliance, Corporate Misconduct, Department of Justice (DOJ), Self-Disclosure Requirements, Voluntary Correction Program

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New USPTO Pilot Program Provides Appeal Decisions Within Six Months

Organizations that are considering appealing a final rejection of a patent application should take note—the United States Patent and Trademark Office (USPTO) has a path to reducing appeal times by 60%. (Even organizations with…more

Fast Track Process, Intellectual Property Protection, Patent Applications, USPTO

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U.S. Supreme Court Provides Guidance on Litigation Over Arbitration Clauses

Arbitration agreements are intended to preclude litigating disputes in court, but the U.S. Supreme Court has clarified in two recent decisions — Coinbase Inc. v. Suski and Smith v. Spizzirri — that in certain circumstances, even…more

Arbitration, Arbitration Agreements, Coinbase Inc v Suski et al, Contract Disputes, Contract Terms

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States Expand Regulation of Consumer Lending: Codification of "True Lender" and Opt-out of DIDMCA's Interest Rate Exportation

Consumer lenders face a rapidly changing legal landscape. States are increasingly targeting the activities of non-bank third parties in the consumer loan process and interest rate exportation by state-chartered banks. In the…more

Banks, Consumer Financial Products, Consumer Lenders, DIDMCA, Financial Services Industry

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Impact of the Inflation Reduction Act of 2022 on Renewable Energy Tax Credits

On August 16, 2022, President Biden signed the Inflation Reduction Act of 2022 (Act) into law. The Act, while not as expansive as the previously proposed Build Back Better Act, addresses numerous areas of policy and law…more

Biden Administration, Climate Change, Inflation Reduction Act (IRA), Infrastructure, Investment Tax Credits

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NLRB Ruling Renders Routine Confidentiality and Non-Disparagement Provision Unlawful

Once again, the pendulum has swung, and this time, the National Labor Relations Board (NLRB or Board) has reversed Trump-era rulings that granted broad flexibility to employers in severance agreements. On Tuesday, the Board…more

Confidentiality Agreements, Employees, Employer Liability Issues, Employment Contract, Federal Labor Laws

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States Expand Regulation of Consumer Lending: Codification of "True Lender" and Opt-out of DIDMCA's Interest Rate Exportation

Consumer lenders face a rapidly changing legal landscape. States are increasingly targeting the activities of non-bank third parties in the consumer loan process and interest rate exportation by state-chartered banks. In the…more

Banks, Consumer Financial Products, Consumer Lenders, DIDMCA, Financial Services Industry

See all updates »

Bank Holding Companies MUST Review Their Shareholder Agreements

Many Bank Holding Companies (BHC) have shareholder/stockholder agreements that limit voting rights, transfer of shares and other restrictive provisions. The creation and implementation of these agreements occurred mainly when…more

Bank Holding Company, Business Entities, Contract Terms, FRB, Shareholder Rights

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U.S. Imposes Sweeping Sanctions and Export Controls on Russia in Response to Crisis in Ukraine

Over the last week, the U.S. government, in coordination with partner and allied countries, announced a series of unprecedented escalating sanctions targeting Russia in response to the invasion of Ukraine. These actions…more

Belarus Sanctions, Biden Administration, Blocked Person, Economic Sanctions, Embargo

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SEC Warns on Outsourced Chief Compliance Officers

The SEC’s Office of Compliance Inspections and Examinations, or OCIE, recently issued a risk alert titled “Examinations of Advisers and Funds That Outsource Their Chief Compliance Officers.” According to the alert, OCIE staff…more

Chief Compliance Officers, Investment Management, OCIE, Outsourcing, Securities and Exchange Commission (SEC)

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FTC Bans Worker Non-Competes

By a vote of 3-2, the Federal Trade Commission (FTC) passed the final version of its much-talked-about non-compete rule. The final rule hews closely to the proposed rule, effectively banning all existing or future non-compete…more

Competition, Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract

See all updates »

American Rescue Plan Act Contains Many Employee Benefits Related Provisions

On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (the “ARPA”) into law.  Many of the provisions in this sweeping legislation bring changes to the employee benefits world of which employers should…more

American Rescue Plan Act of 2021, COBRA, Compensation & Benefits, Employee Benefits, Health Insurance

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Gain from Goodwill Sale Subject to Minnesota Apportionment as Business Income

The Minnesota Supreme Court recently held that the gain from the sale of goodwill was subject to apportionment as business income derived from a unitary asset rather than allocation of nonbusiness income pursuant to Minnesota…more

Business Income, Income Apportionment, MN Supreme Court, S-Corporation, Sale of Assets

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EEOC Updates Workplace Harassment Guidelines

For the first time in 25 years, the U.S. Equal Employment Opportunity Commission (EEOC) updated its Enforcement Guidance on Harassment in the Workplace. Employers should review existing anti-harassment policies and trainings…more

Civil Rights Act, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), LGBTQ, New Guidance

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Does FERC's Authority to Delegate Functions to Staff Survive the Loss of an Agency Quorum?

On May 25th, the Senate Committee on Energy & Natural Resources will hold hearings on President Trump's nominations to fill two commissioner vacancies on the Federal Energy Regulatory Commission (FERC). If confirmed, the…more

Administrative Appointments, Administrative Resignation, Delegation Authority, Energy Sector, Enforcement Actions

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Missouri Supreme Court Holds Consumer Arbitration Agreements Enforceable

On Tuesday, July 12, 2022, the Missouri Supreme Court issued a unanimous opinion in Bridgecrest Acceptance Corporation v. Kelly Donaldson and Robert Haulcy, No. SC99269 and Bridgecrest Acceptance Corporation v. Christopher…more

Arbitration, Arbitration Agreements, Automotive Industry, Automotive Loans, Business Litigation

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Minnesota Passes Renewable Energy Policies Impacting Various Industries

This week, the Minnesota Legislature passed and delivered to the governor for signature HF2310, an energy policy omnibus bill that provides $216 million for energy initiatives in the state. The legislation includes approximately…more

Climate Action Plan, Climate Change, Electric Vehicles, Energy Policy, Energy Reform

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First of its Kind Privacy Law Signals Fundamental Shift in Protection of Consumer Health Data

As more and more states consider consumer privacy laws, the first-of-its kind My Health My Data Act (the Act) could be a harbinger of health and wellness compliance requirements to come. The ramifications of Washington state's…more

Data Collection, Data Management, Data Protection, Electronic Medical Records, Electronic Protected Health Information (ePHI)

See all updates »

American Rescue Plan Act Contains Many Employee Benefits Related Provisions

On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (the “ARPA”) into law.  Many of the provisions in this sweeping legislation bring changes to the employee benefits world of which employers should…more

American Rescue Plan Act of 2021, COBRA, Compensation & Benefits, Employee Benefits, Health Insurance

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SEC, FinCEN Propose Customer Identification Program Requirements for RIAs and ERAs

On May 13, 2024, the Securities and Exchange Commission (SEC) and the Financial Crimes Enforcement Network (FinCEN) issued a joint notice of proposed rulemaking (proposed rule) that would impact how investment advisers handle…more

AML/CFT, Anti-Money Laundering, Comment Period, Customer Identification Program (CIP), Financial Crimes

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Missouri Governor Signs Amendments to Consumer Protection and Punitive Damages Statutes into Law

On July 2, 2020, Governor Mike Parson signed Senate Bill (SB) 591, which makes a number of reforms to the Missouri Merchandising Practices Act (MMPA) and statutes governing the standards and procedure for recovering punitive…more

Attorney's Fees, Fee-Shifting, New Amendments, Punitive Damages

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Firm Wins Victory for BMO Harris at Minnesota Supreme Court

Stinson Leonard Street attorney Keith Moheban led a team of attorneys that won an important decision for firm client BMO Harris Bank at the Minnesota Supreme Court Feb. 18, 2015. Construing Minnesota’s Uniform Fraudulent…more

Commercial Bankruptcy, Fraudulent Transfers, Ponzi Scheme

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Immediate Deadlines May Loom For Employee Retention Credit Claims

In late 2023, the Internal Revenue Service (IRS) implemented three important initiatives that will impact employers who have filed, or intend to file, Employee Retention Credit (ERC) refund claims. This alert provides a brief…more

CARES Act, Employee Retention, Filing Deadlines, IRS, Popular

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Bank Holding Companies MUST Review Their Shareholder Agreements

Many Bank Holding Companies (BHC) have shareholder/stockholder agreements that limit voting rights, transfer of shares and other restrictive provisions. The creation and implementation of these agreements occurred mainly when…more

Bank Holding Company, Business Entities, Contract Terms, FRB, Shareholder Rights

See all updates »

Senate Passes #MeToo Bill Allowing Employees to Bypass Arbitration

Congress appears poised to enact legislation that will allow employees alleging sexual assault or sexual harassment in the workplace to bypass mandatory arbitration clauses the employee may already have agreed to be bound by…more

#MeToo, Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers

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Pay-for-Play: The Status of College Athletes as Employees

In a potentially game-changing move, the National College Players Association (NCPA), filed an unfair labor practice charge with the National Labor Relations Board (NLRB or Board) Region 32 against the University of Southern…more

Collective Bargaining, College Athletes, Employee Definition, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Kansas Supreme Court Orders State to Spend Millions More on Adequate Public Education Funding

On June 25, 2018, the Kansas Supreme Court held that the legislature's efforts to increase school funding still failed to provide an adequate education for students in Gannon v. State of Kansas, et al., No. 113,267 (2018)…more

Educational Institutions, KS Supreme Court, Public Schools, State Funding

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U.S. Supreme Court Issues Rulings on Challenges to OSHA ETS and CMS Interim Final Rule

In prior alerts, we detailed the scope of the interim final rule issued by the Centers for Medicare & Medicaid Services (CMS) and Emergency Temporary Standard (ETS) announced by the Occupational Safety and Health Administration…more

Biden Administration, Biden v Missouri, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19

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Now is Your Chance to be Heard on the FCC’s New Proposed Drone Regulations

The 30-day clock is about to start for comments on the Federal Communications Commission’s (FCC) Notice of Proposed Rulemaking seeking industry input on whether and how to regulate the wireless communications used to operate…more

Comment Period, Drones, FCC, NPRM, Regulatory Agenda

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CMS Says That EMTALA Overrides State Law in Pregnancy Emergencies

On July 11, 2022, United States Secretary of Health and Human Services, Xavier Becerra, issued a letter to hospitals stating that the Federal Emergency Medical Treatment and Active Labor Act (EMTALA) requires physicians and…more

Abortion, Biden Administration, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization, EMTALA

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Do Not Pass Go: The Plight of New Soccer Competitions in Europe

The 2022 FIFA World Cup wasn’t the only showdown being watched by soccer fans last year. Indeed, sports fans and antitrust watchers alike are awaiting a final decision from the European Court of Justice (ECJ) regarding the…more

Anti-Competitive, Antitrust Provisions, Competition, EU, European Court of Justice (ECJ)

See all updates »

FTC Bans Worker Non-Competes

By a vote of 3-2, the Federal Trade Commission (FTC) passed the final version of its much-talked-about non-compete rule. The final rule hews closely to the proposed rule, effectively banning all existing or future non-compete…more

Competition, Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract

See all updates »

Eighth Circuit Court of Appeals Affirms Dismissal of TCPA Claims on Grounds of Prior Express Consent

In Zean v. Fairview Health Services, the U.S. Court of Appeals for the Eighth Circuit recently affirmed the district court's dismissal of a putative class action complaint under the Telephone Consumer Protection Act (TCPA). This…more

Corporate Counsel, Federal Rule 12(b)(6), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), HIPAA Privacy Rule

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SEC Proposes Enhanced Safeguarding (Custody) Rule for Registered Investment Advisers

On February 15, 2023, the U.S. Securities and Exchange Commission (SEC) proposed to exercise its authority by amending and re-designating Rule 206(4)-2 under the Investment Advisers Act of 1940 (the Custody Rule)…more

Asset Management, Comment Period, Custody Rule, Financial Services Industry, Form ADV

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Pass Interference: Potential Tax Implications of NIL Collectives in College Sports

Conference realignments. TV deals continuing to soar. Name, image and likeness. If there is one thing that has recently come to define college sports, it is the constant flux and the ebb and flow of change permeating the…more

501(c)(3), Athletes, College Athletes, Compensation, Educational Institutions

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New Interagency Policy Statement on CRE Loan Accommodations and Workouts

On June 29, 2023, a new interagency Policy Statement (the Statement) was issued relating to commercial real estate (CRE) loan accommodations and workouts. The Statement is relevant to all financial institutions governed by the…more

Commercial Loans, Consumer Financial Products, FDIC, Federal Reserve, Financial Institutions

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EEOC Releases its Final Rule for the Pregnant Workers Fairness Act Covering a Broad Range of Accommodations

This week the EEOC issued its final rule implementing the Pregnant Workers Fairness Act (PWFA), which went into effect in June 2023. The PWFA requires employers with 15 or more employees to provide reasonable accommodations to…more

Civil Rights Act, Employee Rights, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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In Florida and Elsewhere, Officials Target Latest Fantasy Sports Games

A crackdown on online "pick'em"-style contests in Florida could be a sign of what's to come as state regulators struggle to keep up with the rapidly changing world of daily fantasy sports and legalized sports wagering…more

Cease and Desist Orders, DraftKings, Enforcement Actions, eSports, FanDuel

See all updates »

Pay Transparency is Trending

While pay discrimination laws have been around for quite some time, states and localities are increasingly taking pay discrimination a step further to affirmatively require employers to disclose compensation to applicants and…more

Compensation & Benefits, EEO-1, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Equal Pay

See all updates »

Landlord Rent Relief Checklist

In these unprecedented times where the businesses of many tenants are affected by the COVID-19 virus, landlords may be approached for rent relief. This short checklist is a reminder of some of the issues to be addressed when…more

Contract Terms, Coronavirus/COVID-19, Crisis Management, Force Majeure Clause, Landlords

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NLRB Increases Scrutiny of Workplace Rules

BACKGROUND - In its recent Stericycle decision, the National Labor Relations Board (NLRB) modified its framework for evaluating whether employer work rules that do not expressly restrict employee Section 7 activity are…more

Boeing, Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies

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Minnesota Legislature Passes Historic Environmental Legislation

The Minnesota Legislature has passed landmark environmental legislation with far-reaching consequences for regulated industries throughout the state. The bill provides approximately $1 billion in new spending for environmental…more

Air Pollution, ASTM, Environmental Justice, Environmental Policies, Food Labeling

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Do Not Pass Go: The Plight of New Soccer Competitions in Europe

The 2022 FIFA World Cup wasn’t the only showdown being watched by soccer fans last year. Indeed, sports fans and antitrust watchers alike are awaiting a final decision from the European Court of Justice (ECJ) regarding the…more

Anti-Competitive, Antitrust Provisions, Competition, EU, European Court of Justice (ECJ)

See all updates »

Energy Credits Extended for Wind and Solar Facilities

On December 21, the House and Senate reached agreement on extension of the production tax credit (PTC) for wind energy facilities and the investment tax credit (ITC) for wind and solar energy facilities…more

Energy Policy, Energy Projects, Investment Tax Credits, Production Tax Credit, Renewable Energy

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Corporation Finance Director Speaks to Information Sharing Following Cybersecurity Disclosure

Erik Gerding, Director, SEC Division of Corporation Finance, issued a statement to clear up misconceptions following filing of an 8-K disclosing a cybersecurity incident…more

Cybersecurity, Disclosure Requirements, Form 8-K, Publicly-Traded Companies, Regulation FD

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The Final Countdown: Major CTA Reporting Deadline Rapidly Approaching

Barring any unforeseen changes, the Corporate Transparency Act's (CTA) major reporting deadline arrives on January 1, 2025. The CTA requires all existing reporting companies (those entities formed prior to January 1, 2024) to…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes

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Music Modernization Act Update

U.S. Copyright Office Approves Mechanical Licensing Collective - There is a new federally appointed team in charge of licensing music to digital services which will result in payments to songwriters. The U.S. Copyright Office…more

Copyright, Digital Downloads, Intellectual Property Protection, Mechanical License, Music Industry

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Supreme Court Holds Value of Closely-Held Business Stock Includes Life Insurance Proceeds

On June 6, 2024, the U.S. Supreme Court, in Connelly v. United States, unanimously agreed that life insurance proceeds owned by a closely-held company should be included in the valuation of the company in determining the value,…more

Business Ownership, Closely Held Businesses, Connelly v United States, Estate Tax, Life Insurance

See all updates »

The U.S. Court of Federal Claims Rules that the Defense Logistics Agency Must Buy from a Mandatory Source of Supply

The AbilityOne Program, established by the Javits-Wagner-O’Day (JWOD) Act in 1971, requires federal government agencies to procure certain products and services from community-based nonprofit agencies that employ individuals who…more

Court of Federal Claims, Defense Contracts, Federal Contractors, Federal Procurement Systems, Procurement Guidelines

See all updates »

DC Circuit Overturns FCC's Expansion of Robocall Prohbitions

On Friday, March 16, 2018, the DC Circuit issued its long-awaited opinion in ACA International v. FCC, No. 15-2011, a case challenging the Federal Communications Commission's interpretation of the robocalling provisions of the…more

ATDS, Auto-Dialed Calls, Cell Phones, Energy Sector, FCC

See all updates »

Minnesota Historic Legislative Session Comes to an End

In what many are calling one of the most consequential legislative sessions in Minnesota's history, Gov. Tim Walz and legislative leaders pulled together a last-minute $72 billion budget deal to close out the 2023 legislative…more

Abortion, Capital Investments, Employee Benefits, Gun Laws, Marijuana

See all updates »

SEC Charges Company for Undisclosed Perquisites

In a settled enforcement action, the SEC charged Argo Group International Holdings, Ltd. with failure to disclose perquisites provided to its CEO and board member, Mark E. Watson III. In an interesting twist, the SEC charged…more

Books & Records, Disclosure Requirements, Enforcement Actions, Failure To Disclose, Foreign Corrupt Practices Act (FCPA)

See all updates »

Minnesota Enacts Sweeping Energy Legislation with Implications for Permitting, Transmission, and Decarbonization

Minnesota Governor Tim Walz recently signed into law sweeping energy legislation designed to ease permitting burdens on renewable energy development and address interconnection and transmission congestion in the state (the…more

Carbon Emissions, Energy Projects, Energy Sector, Energy Storage, Infrastructure

See all updates »

Minnesota Pay Transparency Requirements Signed into Law

Certain Minnesota employers will be required to disclose starting salary ranges, or a fixed pay rate, in all job postings beginning January 1, 2025. This new requirement, signed into law by Governor Tim Walz on May 17, 2024, as…more

Disclosure Requirements, Employer Liability Issues, Hiring & Firing, Job Ads, Job Applicants

See all updates »

Federal Railroad Administration Updates Civil Penalty Schedules and Guidelines

The Federal Railroad Administration (FRA) announced that it has doubled all of its rail safety civil monetary penalty (CMP) base amounts for violations of rail safety and hazardous materials regulations. The changes are…more

Civil Monetary Penalty, Federal Railroad Administration, Hazardous Substances, Infrastructure, Railroads

See all updates »

DOJ Repeals Healthcare Policy Statements Containing Longstanding Guidance on Information Sharing

On February 3, the Department of Justice (DOJ) formally withdrew three antitrust policy statements related to enforcement in the healthcare industry. These policy statements—from 1993, 1996, and 2011—addressed topics such as…more

Antitrust Provisions, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC), Healthcare

See all updates »

HHS Supports Reproductive Health Care Privacy by Modifying the HIPAA Privacy Rule

The Department of Health and Human Services’ (“HHS”) Office for Civil Rights recently published a final rule (the “Final Rule“) which provides additional privacy protections related to the use and disclosure of reproductive…more

Business Associates, Covered Entities, Department of Health and Human Services (HHS), Final Rules, Health Care Providers

See all updates »

On Your Mark: Strides in Trademark Infringement on Sports Merchandising

In the realm of sports merchandising, licensing is a significant revenue source for college and professional sports teams. Typically, sports teams do not directly produce sports merchandise; instead, they engage in exclusive…more

Brand, Intellectual Property Protection, License Agreements, Merchandising Rights, Sports

See all updates »

Get the Goods – Replace Standard Terms & Conditions with an MSA to Mitigate Risk

For more than 20 years, the supply chain issues were relatively minor, and problems with obtaining goods using Just in Time logistics and lowest price models were few. Supply was ample and demand steady. The last two years have…more

Contract Drafting, Contract Terms, Goods or Services, Master Service Agreement, Supply Chain

See all updates »

Paycheck Protection Program - What Has Changed?

Previously we reported on the various types of loan relief available under the Coronavirus Aid, Relief, and Economic Security (CARES) Act signed into law on March 27, 2020…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Loan Forgiveness, Paycheck Protection Program (PPP)

See all updates »

North Dakota Supreme Court ruling address the century-old, standard-form oil royalty provision

In a decision involving five separate oil royalty class actions, the North Dakota Supreme Court issued a ruling interpreting the century-old, standard-form oil royalty provision, and holding that it established a valuation point…more

Energy Sector, Mineral Leases, Oil & Gas, Pipelines, Royalties

See all updates »

Colorado Enacts New Privacy and Cybersecurity Legislation

On May 29, 2018, Colorado passed House Bill 18-1128, which requires "covered entities" to comply with new rules regarding the security and disposal of "personal identifying information" (PII). The new law also provides an…more

Covered Entities, Cybersecurity, Data Breach, Data Protection, Data Security

See all updates »

Pass Interference: Potential Tax Implications of NIL Collectives in College Sports

Conference realignments. TV deals continuing to soar. Name, image and likeness. If there is one thing that has recently come to define college sports, it is the constant flux and the ebb and flow of change permeating the…more

501(c)(3), Athletes, College Athletes, Compensation, Educational Institutions

See all updates »

New Policy Benefiting L, E, and H-4 Spouses Awaiting Delayed Employment Authorization

The U.S. Citizenship and Immigration Services (USCIS) published a policy alert outlining significant changes that include allowing for the automatic extension of Employment Authorization Document (EAD) validity for E, H-4 and…more

Employment Authorization Documents (EAD), Employment Eligibility Verification, Foreign Workers, H-4, H-4 Spouses

See all updates »

#MeToo Arbitration Ban – Protect Yourself With Prevention

It is all but certain that mandatory arbitration clauses will no longer exist for workplace sexual assault and sexual harassment claims once the expected legislation many refer to as the #MeToo Arbitration Ban is signed by…more

#MeToo, Arbitration, Arbitration Agreements, Binding Arbitration, Class Action Arbitration Waivers

See all updates »

Impact of the Inflation Reduction Act of 2022 on Renewable Energy Tax Credits

On August 16, 2022, President Biden signed the Inflation Reduction Act of 2022 (Act) into law. The Act, while not as expansive as the previously proposed Build Back Better Act, addresses numerous areas of policy and law…more

Biden Administration, Climate Change, Inflation Reduction Act (IRA), Infrastructure, Investment Tax Credits

See all updates »

MMPA Watch - Advertising Puffery Found Non-Actionable in Hurst v. Nissan

The Missouri Court of Appeals recently overturned a jury verdict under the Missouri Merchandising Practices Act (MMPA) against Nissan North America, Inc., arising out statements made by Nissan in the advertising and promotion of…more

Advertising, Automotive Industry, Class Action, Merchandising Rights, Misrepresentation

See all updates »

Federal Courts Respond to Challenges to DOL's Salary Threshold Rule

On April 23, 2024, the U.S. Department of Labor (DOL) issued a final rule which included a two-step raise of the federal minimum salary requirement for exempt employees under the Fair Labor Standards Act (FLSA). Beginning July…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules

See all updates »

Supreme Court Holds “Generic.com” Marks are Not Per Se Generic

In an 8-1 decision issued Tuesday, the Supreme Court declined to adopt the per se rule urged by the U.S. Patent and Trademark Office (USPTO) that when a generic term is combined with a domain name like “.com,” the resulting…more

Acquired Distinctiveness, Appeals, Booking.com, Descriptive Trademarks, Domain Name Registration

See all updates »

Tackling the Minnesota State High School League’s Transfer Eligibility Rules

Each year, several thousand students transfer between high schools in Minnesota. Some of these transfer students participated in athletics or fine arts at their prior schools and wish to continue those endeavors at their new…more

Bylaws, Educational Institutions, Eligibility, Sports, Student Athletes

See all updates »

Considerations for Group Health Plans as COVID-19 Emergency Declarations End

Part I: COVID-19 Diagnostic Testing Coverage - On January 30, 2023, the Biden Administration announced that it intends for the National Emergency (NE) relating to the COVID-19 pandemic to end on May 11, 2023…more

Coronavirus/COVID-19, Diagnostic Tests, Employee Benefits, Employer Group Health Plans, Health Insurance

See all updates »

Surprise DOE Proposal Presses FERC to Provide Full Cost Recovery for Reliability Attributes of Generators in Bulk Power Markets

On September 29, 2017, the Department of Energy (DOE) issued what DOE variously describes as a Notice of Proposed Rulemaking (NOPR) and a directive (Grid Resiliency Pricing Rule) that will involve DOE in wholesale electric…more

Coal-Fired Generation, Cost Recovery, Department of Energy (DOE), Energy Sector, Federal Power Act

See all updates »

USPTO Provides Interim Guidance on PTAB Discretionary Denials Under Fintiv

On June 22, 2022, the U.S. Patent and Trademark Office (USPTO) announced new interim guidance regarding discretionary denials of patent challenges at the Patent Trial and Appeal Board (PTAB) based on parallel litigation. The…more

§314(a), Administrative Proceedings, America Invents Act, Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board

See all updates »

Justice Department Updates Self-Disclosure Policy; Deputy AG Announces Further Requirements

On February 22, 2023, the Department of Justice (DOJ) announced an update of its Voluntary Self-Disclosure Policy applicable to all United States Attorneys’ Offices in their prosecution decisions, effective immediately. The…more

Compliance, Corporate Misconduct, Department of Justice (DOJ), Self-Disclosure Requirements, Voluntary Correction Program

See all updates »

DOJ Repeals Healthcare Policy Statements Containing Longstanding Guidance on Information Sharing

On February 3, the Department of Justice (DOJ) formally withdrew three antitrust policy statements related to enforcement in the healthcare industry. These policy statements—from 1993, 1996, and 2011—addressed topics such as…more

Antitrust Provisions, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC), Healthcare

See all updates »

Trends, Pitfalls and Opportunities in Celebrity Philanthropy

Athletes and celebrities have a long and storied track record with charitable causes. A celebrity can turn an otherwise unknown cause into a charitable powerhouse simply by lending a high profile name and likeness. Today,…more

Athletes, Celebrities, Celebrity Endorsements, Philanthropy, Private Foundations

See all updates »

Insurance Coverage for Protest-Related Property Damage & Civil Closure Orders

As riots have swept across our cities, businesses have suffered direct property losses, including looting, broken storefront glass and signage, damaged inventory and business property, and smoke and fire damage. Businesses have…more

All-Risks Insurance, Business Closures, Business Interruption, Coronavirus/COVID-19, Insurance Claims

See all updates »

Tackling the Minnesota State High School League’s Transfer Eligibility Rules

Each year, several thousand students transfer between high schools in Minnesota. Some of these transfer students participated in athletics or fine arts at their prior schools and wish to continue those endeavors at their new…more

Bylaws, Educational Institutions, Eligibility, Sports, Student Athletes

See all updates »

House Passes Landmark, Pro-Union, Labor Reform: the PRO Act

On March 9, 2021, the House of Representatives passed S. 420/H.R. 842, the pro-union “Protecting the Right to Organize Act of 2021” (PRO Act), by a vote of 225-206, largely along party lines. On March 11, 2021, the bill was sent…more

Biden Administration, Labor Disputes, Labor Reform, Labor Relations, Legislative Agendas

See all updates »

New Kansas Sales Tax Exemption for Communications Service Providers in Effect

During the 2024 legislative session, the State of Kansas enacted H.B. 2098, amending K.S.A. 79-3606 to include new Section 79-3606(uuuu). Section 79-3606(uuuu) provides a sales tax exemption for all sales of equipment,…more

Infrastructure, Internet Service Providers (ISPs), Kansas, Sales Tax, Tax Exemptions

See all updates »

U.S. Supreme Court to Decide "Critical Question" in Eminent Domain

This summer, the U.S. Supreme Court will decide a critical question that will determine whether some landowners will receive compensation for regulations that restrict the uses of their land. The case, Murr v. Wisconsin, may…more

Corporate Counsel, Eminent Domain, Land Parcels, Popular, Property Owners

See all updates »

Judge Awards New Damages, Attorneys' Fees to Stinson Leonard Street Client Cobalt Boats

ST. LOUIS (Nov. 3, 2017)—A federal judge in Virginia enhanced damages and awarded attorneys' fees to Stinson Leonard Street client Cobalt Boats in a patent infringement case this week against Brunswick Corp., a competing boat…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents, Vessels

See all updates »

OSHA Publishes Hotly Anticipated Proposed Heat Standard

At long last and at the tail-end of what is on track to be the hottest summer on record, the Occupational Safety and Health Administration (OSHA) issued its first proposed heat standard on August 30, 2024. OSHA's Notice of…more

Comment Period, Employees, Employer Liability Issues, Health and Safety, Heat Exposure

See all updates »

Energy Credits Extended for Wind and Solar Facilities

On December 21, the House and Senate reached agreement on extension of the production tax credit (PTC) for wind energy facilities and the investment tax credit (ITC) for wind and solar energy facilities…more

Energy Policy, Energy Projects, Investment Tax Credits, Production Tax Credit, Renewable Energy

See all updates »

In Wake of COVID-19 Pandemic, U.S. Department of Justice Coronavirus-Related Prosecutions Heat Up

What Proactive Steps Businesses Should Take to Ensure Robust Compliance Measures - A U.S. Department of Justice memo issued last week by Deputy Attorney General Jeffrey Rosen directed DOJ prosecutors to focus their attention…more

Antitrust Provisions, Coronavirus/COVID-19, Criminal Prosecution, Defense Production Act, Department of Justice (DOJ)

See all updates »

Rule Issued for Dust-Lead Standards and the Definition of Lead-Based Paint

Earlier this month, U.S. Environmental Protection Agency (EPA) issued a final rule for lead-contaminated dust and the definition of lead-based paint. The standards for floors and window sills were changed from 40 µg/ft ^2 and…more

Abatement, Environmental Policies, Environmental Protection Agency (EPA), Final Rules, Lead Paint

See all updates »

How Charities are Motivating Donors Under the New Tax Law

For charities, the Tax Cuts and Jobs Act enacted in December 2017 has sparked soul searching and creative solutions as concerns grow about giving challenges…more

Charitable Donations, Charitable Organizations, Estate Tax, Gift Tax, Income Taxes

See all updates »

Significant Changes Impacting FY2025 H-1B Lottery

The H-1B lottery process for professional foreign workers for Fiscal Year 2025 will be different than in prior years. In order to prepare for the highly anticipated lottery, employers will need to be aware of significant…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Immigrants

See all updates »

Overview of New Reporting Requirements Under the Corporate Transparency Act

What is the Corporate Transparency Act- The Anti-Money Laundering Act of 2020, which is part of the National Defense Authorization Act for Fiscal Year 2021 (NDAA), established the Corporate Transparency Act (CTA)…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes

See all updates »

How Charities are Motivating Donors Under the New Tax Law

For charities, the Tax Cuts and Jobs Act enacted in December 2017 has sparked soul searching and creative solutions as concerns grow about giving challenges…more

Charitable Donations, Charitable Organizations, Estate Tax, Gift Tax, Income Taxes

See all updates »

T+2 Settlement for Securities Transactions Takes Effect September 5, 2017

On September 5, 2017, a new SEC rule will take effect that shortens the standard settlement cycle for most broker-dealer transactions from three business days after the trade date, known as T+3, to two business days after the…more

Dividends, Securities and Exchange Commission (SEC), Securities Settlement Cycles

See all updates »

Supreme Court Strikes Down Chevron

On June 28, the Supreme Court released its opinion in Loper Bright Enterprises et. al v. Secretary of Commerce (Loper), which regulatory practitioners have been anxiously awaiting to see whether the Court would allow…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

See all updates »

CFPB Promotes Open Banking as it Issues Final Rule on Personal Financial Data Access Rights

Time will tell whether the Consumer Financial Protection Bureau's (CFPB) stated goals of accelerating "open banking" and competition will come to fruition as a result of the long-awaited final rule implementing Section 1033 of…more

Banking Sector, Banks, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Dodd-Frank

See all updates »

Stateside H-1B Visa Pilot Program Launch

Beginning January 29, 2024, under a pilot program, the U.S. Department of State will allow certain H-1B visa holders to renew their expired or expiring H-1B visas from within the United States, rather than needing to travel…more

H-1B, Highly-Skilled Workers Visa, Immigrants, Immigration Procedures, Pilot Programs

See all updates »

Minnesota Applies Direct Procurement Tax to Captive Insurers

A small change to a tax form could have big consequences for Minnesota businesses that purchase insurance directly from captive insurers. …more

Captive Insurance Company, Consumer Insurance Products, Tax Planning, Tax Reform

See all updates »

Estate Planning Alert: New Civil Marriage Law Could Increase Income Tax Costs, May Offer Estate Tax Benefits

On May 14, 2013, Governor Dayton signed a bill modifying Minnesota Statutes Sections 517 and 518. The bill enacts changes in Minnesota's marriage law, effective August 1, 2013…more

Estate Planning, Estate Tax, Income Taxes, New Legislation, Same-Sex Marriage

See all updates »

On Your Mark: Strides in Trademark Infringement on Sports Merchandising

In the realm of sports merchandising, licensing is a significant revenue source for college and professional sports teams. Typically, sports teams do not directly produce sports merchandise; instead, they engage in exclusive…more

Brand, Intellectual Property Protection, License Agreements, Merchandising Rights, Sports

See all updates »

The Final Countdown: Major CTA Reporting Deadline Rapidly Approaching

Barring any unforeseen changes, the Corporate Transparency Act's (CTA) major reporting deadline arrives on January 1, 2025. The CTA requires all existing reporting companies (those entities formed prior to January 1, 2024) to…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes

See all updates »

NLRB Increases Scrutiny of Workplace Rules

BACKGROUND - In its recent Stericycle decision, the National Labor Relations Board (NLRB) modified its framework for evaluating whether employer work rules that do not expressly restrict employee Section 7 activity are…more

Boeing, Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies

See all updates »

CEOs Take a Collaborative Approach to Creating More Inclusive Workplaces

Numerous studies show that a diverse workforce can increase innovation, provide a competitive edge in selling products and services to different markets, improve decision-making, and significantly increase profits. But, these…more

Bias, Board of Directors, Corporate Governance, Diversity, Diversity and Inclusion Standards (D&I)

See all updates »

Supreme Court Precludes Unharmed Class Members from Recovering for Technical Statutory Violations

On Friday, June 25, the Supreme Court issued an important decision in TransUnion LLC v. Ramirez, limiting the ability of class action plaintiffs to seek huge damages awards for mere technical violations of statutes. Although the…more

Article III, Class Action, Class Members, Credit Reporting Agencies, Credit Reports

See all updates »

Minnesota Applies Direct Procurement Tax to Captive Insurers

A small change to a tax form could have big consequences for Minnesota businesses that purchase insurance directly from captive insurers. …more

Captive Insurance Company, Consumer Insurance Products, Tax Planning, Tax Reform

See all updates »

REMIC Relief for COVID-19 Related Modifications and Forbearance

The Coronavirus Aid, Relief and Economic Security Act allows certain borrowers with federally backed mortgage loans and certain multifamily borrowers with federally backed mortgage loans that are experiencing a financial…more

CARES Act, Coronavirus/COVID-19, Forbearance Agreements, Foreclosure, Loan Modifications

See all updates »

Right of Contractor to Stop Work Upheld by Board of Contract Appeals

In an extraordinary decision, the U.S. Civilian Board of Contract Appeals upheld the right of Kiewit-Turner, JV, to stop work and walk off a VA hospital project in Colorado…more

Armed Services Board of Contract Appeals, Construction Industry, General Contractors, Public Projects, Stop Work Orders

See all updates »

California Supreme Court Expands "Regular Rate of Compensation" for Missed Breaks

If you have employees in California, it is time to review how you pay them for missed meal and rest breaks. The California Supreme Court's decision in Ferra v. Loews Hollywood Hotel, LLC, will change the way many companies pay…more

CA Supreme Court, Employer Liability Issues, Employment Litigation, Employment Policies, Labor Law Violations

See all updates »

The Bigger Picture: Economic Development Means More Than Increased Jobs and Tax Revenues

In the public debate that rages in the press and the Twittersphere, economic development projects are often measured by two prominent metrics: the number of jobs to be created and the amount of increased tax revenues expected…more

Economic Development, Infrastructure, Job Creation

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Relief for Middle Market Companies: New Details on the Main Street Lending Program

On April 9, 2020, the Federal Reserve announced its Main Street Lending Program (MSLP), which in its initial form consisted of two facilities through which the Federal Reserve would purchase participations in loans that met the…more

Coronavirus/COVID-19, Eligibility Determination, Federal Reserve, Main Street Lending Programs, Main Street New Loan Facility

See all updates »

Judge Awards New Damages, Attorneys' Fees to Stinson Leonard Street Client Cobalt Boats

ST. LOUIS (Nov. 3, 2017)—A federal judge in Virginia enhanced damages and awarded attorneys' fees to Stinson Leonard Street client Cobalt Boats in a patent infringement case this week against Brunswick Corp., a competing boat…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents, Vessels

See all updates »

DOL's Final Rule Increases Minimum Salary Threshold for FLSA Exemption, Overtime Requirements

On April 23, 2024, the Department of Labor (DOL) announced its anticipated final rule increasing the minimum salary threshold for exemption to the Fair Labor Standards Act (FLSA) overtime requirements, effective July 1, 2024…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

See all updates »

Is Your Website ADA Compliant?

Recently, a number of businesses across the country have become targets of demand letters and lawsuits arising under the Americans with Disabilities Act (ADA). Many of these claims have focused on financial institutions…more

Americans with Disabilities Act (ADA), Department of Justice (DOJ), Disability Discrimination, Public Accommodation, Title III

See all updates »

U.S. Supreme Court Provides Guidance on Litigation Over Arbitration Clauses

Arbitration agreements are intended to preclude litigating disputes in court, but the U.S. Supreme Court has clarified in two recent decisions — Coinbase Inc. v. Suski and Smith v. Spizzirri — that in certain circumstances, even…more

Arbitration, Arbitration Agreements, Coinbase Inc v Suski et al, Contract Disputes, Contract Terms

See all updates »

Impact of the Inflation Reduction Act of 2022 on Renewable Energy Tax Credits

On August 16, 2022, President Biden signed the Inflation Reduction Act of 2022 (Act) into law. The Act, while not as expansive as the previously proposed Build Back Better Act, addresses numerous areas of policy and law…more

Biden Administration, Climate Change, Inflation Reduction Act (IRA), Infrastructure, Investment Tax Credits

See all updates »

FTC Finalizes Changes to Premerger Notification Form

On October 10, 2024, the Federal Trade Commission (FTC) announced long-awaited finalized changes to the premerger notification form and associated instructions, as well as the premerger notification rules implementing the…more

Antitrust Division, Department of Justice (DOJ), Federal Register, Federal Trade Commission (FTC), Hart-Scott-Rodino Act

See all updates »

Paycheck Protection Program - What Has Changed?

Previously we reported on the various types of loan relief available under the Coronavirus Aid, Relief, and Economic Security (CARES) Act signed into law on March 27, 2020…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Loan Forgiveness, Paycheck Protection Program (PPP)

See all updates »

In Florida and Elsewhere, Officials Target Latest Fantasy Sports Games

A crackdown on online "pick'em"-style contests in Florida could be a sign of what's to come as state regulators struggle to keep up with the rapidly changing world of daily fantasy sports and legalized sports wagering…more

Cease and Desist Orders, DraftKings, Enforcement Actions, eSports, FanDuel

See all updates »

Federal Courts Respond to Challenges to DOL's Salary Threshold Rule

On April 23, 2024, the U.S. Department of Labor (DOL) issued a final rule which included a two-step raise of the federal minimum salary requirement for exempt employees under the Fair Labor Standards Act (FLSA). Beginning July…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules

See all updates »

Check Your LED Lighting Supplies and Construction Materials or It Could Cost You

Recently the Federal Trade Commission entered into a settlement under which Patriot LED must pay civil damages of nearly $158,000, plus a penalty of $2.96 million, for its alleged false marketing of lighting products as domestic…more

Buy America, Buy American Act, Country of Origin, Enforcement Actions, False Advertising

See all updates »

CFPB Promotes Open Banking as it Issues Final Rule on Personal Financial Data Access Rights

Time will tell whether the Consumer Financial Protection Bureau's (CFPB) stated goals of accelerating "open banking" and competition will come to fruition as a result of the long-awaited final rule implementing Section 1033 of…more

Banking Sector, Banks, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Dodd-Frank

See all updates »

Congress Revamps Retirement Planning with Secure 2.0

Congress made several changes to retirement plans as part of the Consolidated Appropriations Act of 2023, which recently passed both the House and Senate. The final bill contains several provisions affecting retirement plans…more

401k, 403(b) Plans, Compensation & Benefits, Consolidated Appropriations Act (CAA), Employee Benefits

See all updates »

Minnesota Enacts Sweeping Energy Legislation with Implications for Permitting, Transmission, and Decarbonization

Minnesota Governor Tim Walz recently signed into law sweeping energy legislation designed to ease permitting burdens on renewable energy development and address interconnection and transmission congestion in the state (the…more

Carbon Emissions, Energy Projects, Energy Sector, Energy Storage, Infrastructure

See all updates »

California Supreme Court Expands "Regular Rate of Compensation" for Missed Breaks

If you have employees in California, it is time to review how you pay them for missed meal and rest breaks. The California Supreme Court's decision in Ferra v. Loews Hollywood Hotel, LLC, will change the way many companies pay…more

CA Supreme Court, Employer Liability Issues, Employment Litigation, Employment Policies, Labor Law Violations

See all updates »

CFPB Promotes Open Banking as it Issues Final Rule on Personal Financial Data Access Rights

Time will tell whether the Consumer Financial Protection Bureau's (CFPB) stated goals of accelerating "open banking" and competition will come to fruition as a result of the long-awaited final rule implementing Section 1033 of…more

Banking Sector, Banks, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Dodd-Frank

See all updates »

DOL's Final Rule Increases Minimum Salary Threshold for FLSA Exemption, Overtime Requirements

On April 23, 2024, the Department of Labor (DOL) announced its anticipated final rule increasing the minimum salary threshold for exemption to the Fair Labor Standards Act (FLSA) overtime requirements, effective July 1, 2024…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

See all updates »

Minnesota Enacts Sweeping Energy Legislation with Implications for Permitting, Transmission, and Decarbonization

Minnesota Governor Tim Walz recently signed into law sweeping energy legislation designed to ease permitting burdens on renewable energy development and address interconnection and transmission congestion in the state (the…more

Carbon Emissions, Energy Projects, Energy Sector, Energy Storage, Infrastructure

See all updates »

Bankruptcy Court Finds That Contract Covenants Do Not Run with the Land - Midstream Companies face increased risk with financially distressed E&P companies

In a decision entered yesterday afternoon, Judge Shelley Chapman of the U.S. Bankruptcy Court for the Southern District of New York authorized Sabine Oil & Gas Corporation to reject certain midstream contracts under Section…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Covenants that Run With the Land, Natural Gas

See all updates »

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