Stinson Leonard Street

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, FERC

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New DHS Rule Creates Extended Work Authorization for STEM Graduates - Side Benefit is a Potential H-1B Workaround

On March 11, 2016, the Department of Homeland Security issued a long-anticipated final rule allowing certain foreign students with science, technology, engineering and math (STEM) degrees earned in the U.S. to extend their…more

DHS, Foreign Students, H-1B, Highly-Skilled Workers Visa, OPT

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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

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Eleventh Circuit Adopts Broad Definition of Government "Instrumentality" in Recent FCPA Case - Ruling Underscores the Need to Continually Assess and Update Anti-Bribery Policies and Practices

The Foreign Corrupt Practices Act (FCPA) makes it unlawful for a person or company to provide money or anything of value to any foreign official in order to obtain or retain business or to acquire an improper business advantage…more

Anti-Corruption, Bribery, Corruption, FCPA, Foreign Official

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Government Relations Alert: Legislative Leaders Agree To Special Session For Disaster Relief Only

September 9 Session Will NOT Revisit B2B Taxes - Governor Dayton and all four legislative leaders met this morning and agreed to hold a Special Session on Monday, September 9, at 10 a.m. to provide disaster relief to the…more

B2B Organizations, Disaster Aid, Legislative Agendas

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EPA Ramps Up RMP Enforcement While Proposing Significant Revisions to RMP Rule

The Environmental Protection Agency (EPA) is increasing enforcement of its Risk Management Program while at the same time proposing significant revisions to its Risk Management Plan Rule. Companies without Risk Management Plans…more

Audits, Chemical Spills, Comment Period, Environmental Violations, EPA

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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

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SEC Charges Audit Committee Chair for Failing to Investigate Red Flags

The SEC recently brought an enforcement action against the Chairman of the Audit Committee of AgFeed Industries, Inc. The Director of the SEC’s Division of Enforcement, called the AgFeed action “a cautionary tale of what happens…more

Accounting Fraud, Enforcement Actions, Internal Audit Functions, Internal Investigations, Personal Liability

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Supreme Court Issues Significant Decision Interpreting Truth In Lending Act

In a unanimous decision issued on January 13, the Supreme Court held that a borrower exercises its right to rescind under Section 1635 of the Truth In Lending Act (TILA), simply by notifying its creditor of its intent to rescind…more

Bank of America, Jesinoski v Countrywide, Mortgage Lenders, Mortgages, Popular

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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

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What You Say in Your SPD About Claims Processing Makes a Difference

Employers who self fund their medical plans often have contracts with their third party administrators about claims processing. Some of those contracts provide that the claims processor has discretion to decide claims; others…more

Ambiguous, Appeals, Arbitrary and Capricious, Blue Cross, De Novo Standard of Review

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Pay Versus Performance Rules Proposed by Securities and Exchange Commission

On April 29, 2015, the U.S. Securities and Exchange Commission (SEC) issued another proposed rule under the Dodd-Frank Act, this time with respect to the pay versus performance requirements of Section 953(a) of the Act…more

Dodd-Frank, Executive Compensation, Pay-for-Performance, Pensions, Profit Sharing

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Kansas Supreme Court Sets Deadline for Addressing School Funding Formula

Kansas Public Schools in Danger of Not Opening for the 2016-2017 School Year - A February 11, 2016, ruling by the Kansas Supreme Court in Gannon v. State of Kansas gave the state until June 30, 2016 to implement an…more

KS Supreme Court, Public Schools, State Funding

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Banks Face Class Action Lawsuits Alleging Noncompliance With ADA Regulations Governing ATMs

More than 100 nearly identical class action lawsuits alleging noncompliance with Americans with Disability Act accessibility standards for ATM machines have been filed against banks and credit unions since new standards went…more

ADA, ATMs, Banks, Disability, Disability Discrimination

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Federal Court Limits States' Ability To Legislate Fuel Choices: Case Has Broad Implications For Electric Generation Industry

In a decision that will have broad impact on the electric generation industry, a federal district court has struck down parts of a Minnesota law that sought to regulate what fuels generators could use in their power plants to…more

Electricity, Energy, Power Plants, Utilities Sector

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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

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SEC Finalizes Regulation Crowdfunding — Capital Raising and Investment Limitations

The United States Securities and Exchange Commission has issued final rules on Regulation Crowdfunding. The final rules and forms are effective 180 days after publication in the Federal Register, except provisions related to…more

Capital Raising, Crowdfunding, Exemptions, Funding Portal, Investment Opportunities

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North Dakota Supreme Court Addresses What Creates a Fiduciary Relationship with a Land Broker

On September 21, 2015, the North Dakota Supreme Court found that a fiduciary relationship between an oil company and its landman could exist depending upon the existence of a confidential relationship. Irish Oil contracted…more

Breach of Duty, Brokers, Duty of Loyalty, Fiduciary Duty, Leases

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IRS Annual Limits on Qualified Plans

The Internal Revenue Service (IRS) has released the 2016 cost of living adjustments affecting dollar limits on benefits and contributions under qualified retirement plans and health savings accounts, which are largely unchanged…more

401k, Cost-of-Living, Defined Benefit Plans, Employee Benefits, Employee Contributions

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IRS Relaxes Rules for Mid-Year Changes

Since its availability, many 401(k) plan sponsors, particularly smaller employers have adopted a “Safe Harbor” plan design under Code Section 401(k)(12) or (13) and 401(m)(11) or (12). Safe Harbor plan designs include both a…more

401k, DOL, Employee Benefits, Employer Contributions, IRS

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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, FERC

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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

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Consolidation of Community Banks, Penetration of Fintech and Global Economy Were Hot Topics at the 2016 AOBA Conference

The AOBA's "Acquire or Be Acquired" conference is the financial industry's premier bank M&A conference for bank CEOs, senior management and board members. The annual event brings together key leaders from across the country to…more

Banking Sector, Community Banks, FinTech, Industry Consolidation

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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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Surprise! Minnesota Budget Forecast Delivers Bad News

Just a few days before the beginning of the 2016 legislative session, legislative leaders received some unexpected bad news: A previously healthy $1.2 billion budget surplus projection had dropped by $300 million to $900…more

Budget Surplus, General Elections, Legislative Agendas, Political Campaigns, Surface Transportation

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Surprise! Minnesota Budget Forecast Delivers Bad News

Just a few days before the beginning of the 2016 legislative session, legislative leaders received some unexpected bad news: A previously healthy $1.2 billion budget surplus projection had dropped by $300 million to $900…more

Budget Surplus, General Elections, Legislative Agendas, Political Campaigns, Surface Transportation

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SEC Proposes Significant Reporting Requirement Amendments to Form ADV

On May 20, 2015, the Securities and Exchange Commission (SEC) released several proposals, "Amendments to Form ADV and Investment Advisers Act Rules," that would require investment advisers to provide additional information on…more

Derivatives, Form ADV, Investment Adviser, Investment Advisers Act of 1940, RAUM

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Radioactivity In The Oilfield: North Dakota Issues Material Handling Regulations Impacting Oil And Gas Operations

On April 10, 2014, the North Dakota Industrial Commission (NDIC) announced new permit requirements for oil, gas and saltwater disposal wells. The new regulations, which go into effect on June 1, are targeted at the proper…more

Disposal Wells, NORM, Oil & Gas, Permits, Radioactive Drilling Waste

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FTC Announces Annual Adjustments to HSR Premerger Notification and Clayton Act Interlocking Directorate Thresholds

The Federal Trade Commission (FTC) announced on January 15, 2015, that the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) thresholds will be increased. The FTC also announced that it has revised the thresholds…more

Filing Fees, FTC, Hart-Scott-Rodino Act, Pre-Merger Filing Requirements, The Clayton Act

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President Obama to FCC: Reclassify Broadband, Wireless to Title II Common Carrier Regulation; Wheeler "Asks For More Time"

President Obama released a statement on Monday that, if adopted, will have a significant effect on the way carriers, specifically small carriers offer broadband interconnect access services. The President called for the FCC to…more

Barack Obama, Broadband, FCC, Wireless Industry

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Halliburton: Supreme Court Retains Fraud on the Market Presumption in Securities Fraud Cases - Confirms Defendants' Right to Rebut that Presumption Before Class Certification Determination

On Monday, the Supreme Court issues its heavily anticipated decision in Halliburton Co. v. Erica P. John Fund, Inc. As predicted in our prior alert about this case, the Court declined to overrule the "fraud on the market" theory…more

Basic v Levinson, Class Certification, Fraud, Fraud-on-the-Market, Halliburton

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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

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Next Steps for Federal Contractors in Response to OFCCP Pay Transparency Rule

The Office of Federal Contract Compliance Programs' (OFCCP) final rule regarding pay transparency will place new burdens on federal contractors. The final rule takes effect on January 11, 2016 (120 days after publication in the…more

Anti-Discrimination Policies, Compliance, OFCCP, Pay Transparency, Wage and Hour

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Pay Versus Performance Rules Proposed by Securities and Exchange Commission

On April 29, 2015, the U.S. Securities and Exchange Commission (SEC) issued another proposed rule under the Dodd-Frank Act, this time with respect to the pay versus performance requirements of Section 953(a) of the Act…more

Dodd-Frank, Executive Compensation, Pay-for-Performance, Pensions, Profit Sharing

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The Continuing Saga Surrounding Magnet Sets: Proof of the CPSC's Determination to Eradicate Hazards to Children

The Consumer Product Safety Commission (CPSC) has made it very clear over the last several years that it takes hazards associated with rare earth magnet sets very seriously, primarily because the hazards affect children. Rare…more

Administrative Appeals, Consumer Product Safety Act (CPSA), Consumer Product Safety Commission (CPSC), Hazardous Substances, Permanent Injunctions

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EU Strikes Down the Safe Harbor Framework for Transatlantic Data Transfers: What You Should Know and What to Do Next

The European Court of Justice has declared invalid the Safe Harbor data-transfer agreement that has governed EU data flows across the Atlantic for the last 15 years. Thousands of U.S. companies have relied on the Safe Harbor to…more

Article 29 Working Party (WP29), Binding Corporate Rules, Cybersecurity, Data Protection Authority, Edward Snowden

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Estate Planning Insight: Estate Planning After The American Taxpayer Relief Act Of 2012

The American Taxpayer Relief Act of 2012 (ATRA) was signed into law on January 2, 2013, ending twelve years of uncertainty concerning the federal estate, gift and generation-skipping tax rates and exemptions…more

American Taxpayer Relief Act, Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer

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State Renewable Energy Standards Pass First Big Constitutional Test

On July 13, in the first federal appellate court decision to address the constitutionality of a state renewable energy mandate, the Tenth Circuit Court of Appeals squarely rejected an industry-group challenge to Colorado’s…more

Electricity, Interstate Commerce, Renewable Energy

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Estate Planning Insight: Estate Planning After The American Taxpayer Relief Act Of 2012

The American Taxpayer Relief Act of 2012 (ATRA) was signed into law on January 2, 2013, ending twelve years of uncertainty concerning the federal estate, gift and generation-skipping tax rates and exemptions…more

American Taxpayer Relief Act, Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer

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Banks Face Class Action Lawsuits Alleging Noncompliance With ADA Regulations Governing ATMs

More than 100 nearly identical class action lawsuits alleging noncompliance with Americans with Disability Act accessibility standards for ATM machines have been filed against banks and credit unions since new standards went…more

ADA, ATMs, Banks, Disability, Disability Discrimination

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Department of the Interior Releases Proposed Rule to Reduce Waste of Natural Gas

Advances in oil and gas production technology, such as horizontal drilling and hydraulic fracturing, have dramatically increased the production of oil and gas in the United States by unlocking shale gas and other resources that…more

Bureau of Land Management, Clean Air Act, Department of the Interior, Fracking, Mineral Leases

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Employment Class And Collective Action Insight: U.S. Supreme Court Holds That Arbitration Class-Action Waivers Are Valid, Even If Individual Claims Are Too Expensive To Pursue

On June 20, 2013, in American Express Co. v. Italian Colors Restaurant, the U.S. Supreme Court held that, under the Federal Arbitration Act, courts cannot invalidate a class arbitration waiver on the ground that the plaintiffs'…more

American Express, American Express v Italian Colors Restaurant, Arbitration, Arbitration Agreements, Class Action

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Business As Usual: Supreme Court Upholds ACA Subsidies

The United States Supreme Court recently held in King v. Burwell that the Affordable Care Act (ACA) permits individuals to receive health insurance premium subsidies through federally-facilitated exchanges (in addition to…more

Affordable Care Act, Employer Group Health Plans, Health Insurance, Health Insurance Exchanges, Individual Mandate

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Construction Law Alert: Minnesota Supreme Court Acknowledges "Trap" For Subcontractors In Safety Signs Ruling

Subcontractors and suppliers take careful note. Last week, the Minnesota Supreme Court issued a ruling in which it admitted that a statute created "a trap for the unwary" subcontractor or supplier that files a claim under the…more

Bonds, Contractors, Payment Bonds, Statutory Interpretation, Subcontractors

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Immigration Related Action Items for Employers

E-VERIFY USERS TAKE NOTE: USCIS DELETING OLDER RECORDS FROM E-VERIFY SYSTEM - E-Verify is notifying its participants that effective January 1, 2015, E-Verify transaction records more than 10 years old will be deleted from…more

E-Verify, Employer Liability Issues, ICE, Immigration Records, USCIS

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CFTC Proposes Guidance Clarifying that Certain Electric Capacity and Natural Gas Peaking Contracts are not “Swaps”

The CFTC has proposed guidance that certain capacity contracts in electric power markets and certain natural gas peaking supply contracts should not be considered “swaps” under the Commodity Exchange Act. The guidance does not…more

Capacity Market, CFTC, Commodities Exchange Act, Draft Guidance, Electricity

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FDA Attempts to Clarify Enforcement Position Regarding Evolving Health Technology

Recently, the U.S. Food and Drug Administration (FDA) has issued a flurry of guidance and draft guidance in an effort to better define the types of products that the FDA will choose to actively regulate. In one of these…more

Distributors, FDA, Healthcare, Manufacturers, Medical Device Accessories

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Surprise! Minnesota Budget Forecast Delivers Bad News

Just a few days before the beginning of the 2016 legislative session, legislative leaders received some unexpected bad news: A previously healthy $1.2 billion budget surplus projection had dropped by $300 million to $900…more

Budget Surplus, General Elections, Legislative Agendas, Political Campaigns, Surface Transportation

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CFTC Taking Action on Inaccurate Reporting

The Commodity Futures Trading Commission (CFTC) is increasingly taking action on inaccurate reporting by market participants. In the past year, the CFTC has entered into three settlements with market participants for filing…more

CFTC, Enforcement Actions, False Reporting, Reporting Requirements

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Best Practices for Accommodating Pregnant and Postpartum Employees

On March 25, 2015, the U.S. Supreme Court issued its decision in Young v. United Parcel Service. This case addressed the extent to which employers must accommodate pregnant workers under the Pregnancy Discrimination Act (PDA)…more

ADA, Best Practices, Employment Discrimination, FLSA, Pregnancy Discrimination

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EU Strikes Down the Safe Harbor Framework for Transatlantic Data Transfers: What You Should Know and What to Do Next

The European Court of Justice has declared invalid the Safe Harbor data-transfer agreement that has governed EU data flows across the Atlantic for the last 15 years. Thousands of U.S. companies have relied on the Safe Harbor to…more

Article 29 Working Party (WP29), Binding Corporate Rules, Cybersecurity, Data Protection Authority, Edward Snowden

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Detecting and Defending Financial Elder Abuse

It is estimated that six million seniors are subject to financial elder abuse each year. Financial elder abuse can take many forms: deceptive advertising for products with hidden charges or that simply do not work as promised;…more

Elder Abuse, Elder Issues, Exploitation, Financial Abuse, Power of Attorney

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Estate Planning Insight: Governor Dayton Proposes New Minnesota Snowbird Tax

In his recent budget recommendations, Minnesota Governor Mark Dayton proposed a drastic change in Minnesota income tax law that will affect residents of so-called snowbird states—such as Florida, Arizona, California and…more

Domicile, Income Taxes, Residency Requirements, State Budgets

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EEOC Addresses Interplay Between Pregnancy Discrimination Act and ADAA: The First Detailed Update to Pregnancy Bias Guidance Since 1983

On July 14, 2014, the EEOC issued Updated Enforcement Guidance on Pregnancy Discrimination, as well as a set of Questions and Answers and a Fact Sheet related to that Guidance. This is the EEOC's first detailed update to its…more

ADAAA, Discrimination, EEOC, Employer Liability Issues, Enforcement Guidance

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DC Circuit to Review the FCC's Robocall Rules - Do They Unfairly Expose Utilities to Fines for Keeping Their Customers Informed About Service Interruptions?

The Telephone Consumer Protection Act (TCPA) limits the use of automated dialing equipment to make calls or send text messages to wireless phone numbers without the called party's express prior consent. Because utility companies…more

Energy Sector, FCC, Power Outages, Robocalling, TCPA

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Minnesota Public Benefit Corporation Act

In This Issue: - Introduction - Minnesota Public Benefit Corporation Legislation - Effective Date - Types of Public Benefit Corporations - Establishment of a Public Benefit Corporation - Name -…more

Choice of Entity, Public Benefit Corporation

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Energy Law Alert: FERC Approves New CIP Reliability Standards Despite Concern Over Ambiguity In Multiple Areas

On April 18, 2013, the Federal Energy Regulatory Commission issued a Notice of Proposed Rulemaking recommending approval of the Version 5 Critical Infrastructure Protection Reliability Standards proposed by the North American…more

Critical Infrastructure Sectors, Cybersecurity, Data Protection, FERC, NERC

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CFPB Releases Monthly Complaint Report for March 2016

On March 29, 2016, the Consumer Financial Protection Bureau (CFPB) released its latest Monthly Complaint Report for March 2016, which provides an overview of three-month trends in consumer complaints. This Monthly Report also…more

CFPB, Consumer Complaint System, Consumer Financial Products, Debt Collection, Equifax

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Energy Alert: Big Impacts Of Obama’s Broad Climate Plan

The main goals for President Obama’s “Climate Action Plan” are to cut carbon emissions (and cut greenhouse gas emissions in general to 17% below 2005 levels by 2020), prepare the country for the impacts of climate change and…more

Barack Obama, Climate Change, Greenhouse Gas Emissions, Infrastructure, Renewable Energy

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IRS Announces 2015 Benefit Plan Limits

The Internal Revenue Service has released the 2015 cost of living adjustments affecting dollar limits on benefits and contributions under qualified retirement plans…more

COLA, Employee Benefits, IRS, Retirement Plan

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Kansas Supreme Court Sets Deadline for Addressing School Funding Formula

Kansas Public Schools in Danger of Not Opening for the 2016-2017 School Year - A February 11, 2016, ruling by the Kansas Supreme Court in Gannon v. State of Kansas gave the state until June 30, 2016 to implement an…more

KS Supreme Court, Public Schools, State Funding

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FTC Announces Annual Adjustments to HSR Premerger Notification and Clayton Act Interlocking Directorate Thresholds

The Federal Trade Commission (FTC) announced on January 15, 2015, that the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) thresholds will be increased. The FTC also announced that it has revised the thresholds…more

Filing Fees, FTC, Hart-Scott-Rodino Act, Pre-Merger Filing Requirements, The Clayton Act

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Missouri: Taking a Step Toward Digging Out of the "Judicial Hellhole"?

Missouri’s Legislature is deciding whether to change its current standard governing the admissibility of expert witness testimony to the Daubert standard. The bill to make this change has passed the Senate and is now being…more

Admissibility, Daubert Standards, Evidence, Expert Testimony, Expert Witness

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Minnesota Supreme Court Recognizes New Private Right Of Action Against Residential Mortgage Loan Servicers

On April 2, 2014, the Minnesota Supreme Court in Gretsch v. Vantium Capital, Inc. recognized a new private right of action against residential mortgage loan servicers who breach their servicer participation agreements with…more

Borrowers, Contracts Clause, Fannie Mae, Foreclosure, HAMP

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ISS 2015 Proxy Voting Guidelines Include New "Scorecard" Evaluation Policy for Equity Plan Proposals

This month, Institutional Shareholder Services Inc. (ISS) issued its 2015 Proxy Voting Guidelines for the upcoming proxy season, which include the new "Equity Plan Scorecard." As stated by ISS in connection with its October 15,…more

Equity Plans, ISS, Proxy Season, Proxy Voting Guidelines

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Tronox: The Weed that Choked a Flower – Lessons for Buyers on Remedies

As we noted in Parts 1 and 2 of this series, any buyer of assets from a company in any degree of financial stress should be concerned about the transaction being attacked as a fraudulent transfer. Officers and directors of a…more

Bankrtupcy Code Section 550, Commercial Bankruptcy, Fraud, Fraudulent Transfers, Remedies

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Contractor Stumbles Over Contract's Claim Procedures

Contractors have once again been reminded of the harsh consequences of failing to follow the claim procedures specified in their contracts. In Contractors Edge, Inc. v. City of Mankato, the Minnesota Court of Appeals rejected…more

Construction Industry, Construction Litigation, Contract Claims, Contractors, Notice Requirements

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Children's Products: Safety Regulations Governing Rattles and Magnet Sets

Through the Consumer Product Safety Improvement Act (CPSIA) and other federal statutes, the Consumer Product Safety Commission (CPSC) has promulgated regulations governing the manufacture and sale of children's products in the…more

Children's Products, Children's Toys, Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), Disclosure Requirements

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Best Practices for Accommodating Pregnant and Postpartum Employees

On March 25, 2015, the U.S. Supreme Court issued its decision in Young v. United Parcel Service. This case addressed the extent to which employers must accommodate pregnant workers under the Pregnancy Discrimination Act (PDA)…more

ADA, Best Practices, Employment Discrimination, FLSA, Pregnancy Discrimination

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NLRB Jettisons Old Joint-Employer Standard: Significant Implications for Employers Using Staffing Agencies

In a decision expected to have far-reaching impact for businesses, the National Labor Relations Board (NLRB) issued a decision on August 27 which alters the test for determining joint-employer status. Browning-Ferris Industries…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Franchisee, Franchisors, Joint Employers

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The PATH Act Brings Federal Income Tax Changes - The Protecting Americans from Tax Hikes Act of 2015 Enacted in December 2015

The Protecting Americans from Tax Hikes Act of 2015, also known as the PATH Act, was enacted by Congress at the end of 2015. Below are the highlights from that legislation. TAX EXTENDERS - Tax extenders are…more

Affordable Care Act, IRA, IRS, New Legislation, Popular

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Crowdfunding Investor Bulletin Issued by SEC

On February 16, 2016, the SEC posted an investor bulletin relating to equity crowdfunding intended to educate the public about the process for investing in equity crowdfunding and some of the risks involved. On May 16, 2016,…more

Capital Raising, Crowdfunding, Investment, Popular, Private Offerings

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Executive Orders Subject Banks to New Requirements as Federal Contractors

President Obama has recently issued a number of executive orders imposing new requirements on federal contractors in the area of labor and employment. Some of these executive orders, which are regulated and enforced by the…more

Anti-Discrimination Policies, Federal Contractors, Financial Institutions, Pay Transparency, Sick Leave

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Colorado Supreme Court: Construction Lender's Subsidiary Is Not a Subsequent Purchaser - Negligence Claim May Not Be Asserted Against Subcontractors

Lenders and contractors may want to take additional precautions before they take title to a newly constructed home through foreclosure (or deed in lieu of foreclosure) following a recent decision by the Colorado Supreme Court…more

CO Supreme Court, Construction Defects, Construction Industry, Construction Loans, Contractors

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Alert Update: CFPB Issues Proposed Amendment to Delay Know Before You Owe Rule

On June 24 the CFPB published its proposed rule for extending the effective date for implementation of the Know Before You Owe Rule to October 3, 2015. The public has until July 7 to submit comments…more

CFPB

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Eighth Circuit Decision Suggests Employers May Have An Alternative Option to Using Non-Compete Agreements

A recent Eighth Circuit Court of Appeals decision suggests another avenue for employers to secure damages from an employee who competes against them after employment ends – without the use and many limitations of a non-compete…more

Confidentiality Agreements, Corporate Counsel, Employment Contract, Hiring & Firing, Non-Compete Agreements

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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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Surprise! Minnesota Budget Forecast Delivers Bad News

Just a few days before the beginning of the 2016 legislative session, legislative leaders received some unexpected bad news: A previously healthy $1.2 billion budget surplus projection had dropped by $300 million to $900…more

Budget Surplus, General Elections, Legislative Agendas, Political Campaigns, Surface Transportation

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FERC Announces Plan To Change Open Access And Priority Rights Governing Generator Lead Lines - Interconnection Only Transmission Owners Directly Affected

On May 15, the Federal Energy Regulatory Commission proposed to modify its policy concerning open access and priority rights to capacity for interconnection only transmission facilities. This proposal, if implemented, will…more

FERC, Interconnections, Rulemaking Process, Safe Harbors, Waivers

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EU Strikes Down the Safe Harbor Framework for Transatlantic Data Transfers: What You Should Know and What to Do Next

The European Court of Justice has declared invalid the Safe Harbor data-transfer agreement that has governed EU data flows across the Atlantic for the last 15 years. Thousands of U.S. companies have relied on the Safe Harbor to…more

Article 29 Working Party (WP29), Binding Corporate Rules, Cybersecurity, Data Protection Authority, Edward Snowden

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Unvacating Arbitration Awards: Quarterbacks and Car Accidents

The Second Circuit reminded us yesterday that judicial review of arbitration awards is “among the most deferential in the law.” And when district courts are not sufficiently deferential, their decisions are likely to be…more

Appeals, Arbitration, Arbitration Awards, Car Accident, Damages

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Minnesota Passes Gift Tax Repeal And Estate Tax Revisions

On March 21, Minnesota made multiple gift tax and estate tax revisions. Those include: - Retroactively repealing the Minnesota gift tax that had been imposed since July 1, 2013..…more

Capital Gains, Estate Tax, Gift Tax, Gift-Tax Exemption, Portability

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HALOS Act Passes Vote in U.S. House of Representatives

After a floor debate during which lawmakers on both sides of the aisle traded dueling press releases, the U.S. House of Representatives voted 325-89 in favor of the Helping Angels Lead Our Startups (HALOS) Act, on April 27,…more

Accredited Investors, Angel Investors, Early Stage Companies, Investment Adviser, Proposed Legislation

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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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Agreement on EU-U.S. Privacy Shield: What to Know and Expect

On February 2, 2016, representatives from the European Commission and the United States announced a preliminary agreement on the “Privacy Shield,” a framework that legitimizes transfers of personal data from the EU to the U.S…more

CJEU, Data Protection Authority, EU, EU-US Privacy Shield, FTC

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Proceed With Caution: Factoring Construction Invoices - Recent Indiana Case Highlights The Risks To Contractors Who Verify Invoices

Invoice “factoring” is a financing arrangement in which a subcontractor sells outstanding invoices to a factoring company. Here’s how it works…more

Construction Contracts, Contractors, Estoppel, Factoring, Financing

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Supreme Court Rejects EPA's Rule Regulating Hazardous Air Polluntants from Power Plants

On June 29, the U.S. Supreme Court held that the Environmental Protection Agency (EPA) was wrong not to consider the cost of compliance when it decided to regulate mercury and other air toxic substances emitted from power…more

Chevron Deference, Chevron v NRDC, Clean Air Act, EPA, MATS

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Executive Order Requires Government Contractors to Monitor Human Trafficking by Vendors and Subcontractors

Existing human trafficking-related prohibitions for federal contractors and subcontractors were strengthened recently by the Obama Administration. While there has been an Executive Order outlawing certain "human trafficking…more

Executive Orders, Federal Contractors, Foreign Suppliers, Human Trafficking, Obama Administration

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Construction Alert: Insuring Contractual Indemnity Obligations—A Lesson In Careful Contract Drafting

The Minnesota Supreme Court issued a decision last week in the case of Engineering & Construction Innovations, Inc., v. L. H. Bolduc Co., interpreting a subcontractor's agreement to indemnify a contractor, the subcontractor's…more

Anti-Indemnification Statutes, Construction Contracts, Indemnity Agreements, Liability Insurance, Negligence

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Energy Alert: IRS Identifies Two "Begun Construction" Standards To Qualify For Two Tax Credit Opportunities

The renewable electricity production tax credit and the energy investment tax credit currently offer taxpayers a tax credit for energy produced from qualified facilities. For the PTC, the tax credit covers a ten-year period. For…more

American Taxpayer Relief Act, Begun Construction Test, Investment Tax Credits, IRS, Production Tax Credit

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Construction Law Insight: Minnesota Supreme Court Rules In Favor Of Contractors In Government Data Practices Act Case

On November 20, 2013, the Minnesota Supreme Court issued its long-awaited decision in the case of Helmberger v. Johnson Controls, Inc. The Court ruled in favor of Johnson Controls, Inc. (JCI) and its subcontractor, Architectural…more

Architects, Contractors, Disclosure Requirements, School Districts, Subcontractors

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Consolidation of Community Banks, Penetration of Fintech and Global Economy Were Hot Topics at the 2016 AOBA Conference

The AOBA's "Acquire or Be Acquired" conference is the financial industry's premier bank M&A conference for bank CEOs, senior management and board members. The annual event brings together key leaders from across the country to…more

Banking Sector, Community Banks, FinTech, Industry Consolidation

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Judge Wants Jury to Decide if "Modified Orange Oil" is the New "Orange"

Last month, Judge Fernando Gaitan, Jr. decided that a false advertising class action against Simply Orange is not "simply" over. On February 8, the court denied the parties' cross motions for summary judgment finding that…more

Class Action, Coca Cola, False Advertising, FDA, Natural Products

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Construction Alert: Minnesota Supreme Court Decides Best Value Bid Protest

The Minnesota Supreme Court decided Rochester City Lines, Co. v. City of Rochester last week, applying the "unreasonable, arbitrary, or capricious" standard to the best value bidding of public contracts, describing how that…more

Bad Faith, Competitive Bidding, Construction Industry, Public Contracts

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ISS 2015 Proxy Voting Guidelines Include New "Scorecard" Evaluation Policy for Equity Plan Proposals

This month, Institutional Shareholder Services Inc. (ISS) issued its 2015 Proxy Voting Guidelines for the upcoming proxy season, which include the new "Equity Plan Scorecard." As stated by ISS in connection with its October 15,…more

Equity Plans, ISS, Proxy Season, Proxy Voting Guidelines

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FTC Announces Annual HSR Premerger Notification Threshold and Clayton Act Interlocking Directorate Thresholds Adjustments

On January 21, 2016, the Federal Trade Commission (FTC) announced that the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) thresholds will be increased. The FTC also announced that it has revised the thresholds…more

Filing Requirements, FTC, Hart-Scott-Rodino Act, The Clayton Act, Threshold Requirements

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Consolidation of Community Banks, Penetration of Fintech and Global Economy Were Hot Topics at the 2016 AOBA Conference

The AOBA's "Acquire or Be Acquired" conference is the financial industry's premier bank M&A conference for bank CEOs, senior management and board members. The annual event brings together key leaders from across the country to…more

Banking Sector, Community Banks, FinTech, Industry Consolidation

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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, SEC

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The Easiest Arbitration Agreement To Avoid May Be The One Between Attorney And Client

The First and Ninth Circuits recently issued opinions concerning the validity of state laws requiring “informed consent” to, or “full disclosure” of, arbitration clauses in attorney retainer agreements. Although the First…more

Arbitration, Arbitration Agreements, Federal Arbitration Act, Mandatory Arbitration Clauses

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FDA Attempts to Clarify Enforcement Position Regarding Evolving Health Technology

Recently, the U.S. Food and Drug Administration (FDA) has issued a flurry of guidance and draft guidance in an effort to better define the types of products that the FDA will choose to actively regulate. In one of these…more

Distributors, FDA, Healthcare, Manufacturers, Medical Device Accessories

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Buy America Is Even More Complicated Than You Thought

As you already know, the "Buy America" Act (BAA), 41 U.S.C. §8303 and 48 C.F.R. §25.100-206, requires, in general, use of materials produced in the United States on federal construction projects. Failure to comply with this Act…more

Buy American Act, Construction Industry, False Claims Act (FCA), Free Trade Agreement, Procurement Guidelines

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Labor, Employment And Employee Benefits Executive Briefing - April 2014

In This Issue: - Employers Should Review Internship Programs for Legal Compliance ..The Department of Labor’s Six-Factor Test ..Unpaid Internships in the News ..Practical Guidance - Developments in Equal…more

DOL, Employer Liability Issues, Employer Mandates, Equal Pay, Flexible Spending Accounts

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Energy Alert: Minnesota Legislature Creates New Solar Energy Mandate

Minnesota Governor Mark Dayton signed into law today an Omnibus Energy Bill that includes a series of provisions directed at encouraging investment, development and use of solar energy in Minnesota…more

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Energy Alert: Minnesota Legislature Creates New Solar Energy Mandate

Minnesota Governor Mark Dayton signed into law today an Omnibus Energy Bill that includes a series of provisions directed at encouraging investment, development and use of solar energy in Minnesota…more

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FinCEN Proposes Extending Anti-Money Laundering Compliance Requirements to Investment Advisers

On Tuesday, the United States Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) proposed a rule that would require SEC-registered investment advisers, including private equity and hedge funds, to comply with…more

Anti-Money Laundering, Bank Secrecy Act, Banking Sector, Banks, Broker-Dealer

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Minnesota Supreme Court Decides Best Value Bid Protest - Attorneys' Fees in AAA Arbitrations

In a recent decision from the Missouri Court of Appeals, City of Chesterfield v. Frederick Constr. Inc., 2015 Mo. App. LEXIS 439 (Mo. Ct. App. Apr. 21, 2015), the court found that in the arbitration of a contract dispute…more

American Arbitration Association, Arbitration, Bid Protests, Boilerplate Language, Construction Industry

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Supreme Court Decision Eliminates Defense to Claim of Inducing Infringement

The U.S. Supreme Court ruled Tuesday, May 26 that a good-faith belief that a patent is invalid is not a defense to a claim of inducing infringement. Commil USA, LLC v. Cisco Sys., Inc., No. 13-1986 (May 26, 2015). The Supreme…more

Cisco v CommilUSA, Good Faith, Infringement, Intellectual Property Litigation, Patent Infringement

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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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Consolidation of Community Banks, Penetration of Fintech and Global Economy Were Hot Topics at the 2016 AOBA Conference

The AOBA's "Acquire or Be Acquired" conference is the financial industry's premier bank M&A conference for bank CEOs, senior management and board members. The annual event brings together key leaders from across the country to…more

Banking Sector, Community Banks, FinTech, Industry Consolidation

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EEOC Proposes to Target Pay Discrimination by Collecting Employers' Salary and Hours Worked Data

On January 29, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) announced proposed revisions to the Employer Information Report (EEO-1) that will require collection of pay data from employers with more than 100…more

Comment Period, Data Collection, EEO-1, EEOC, Pay Discrimination

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Proposed Treasury Regulations Eliminate 36-Month Testing Period as a Trigger for Reporting COD Income - Removing the Non-Payment Testing Period Should Provide Clarity to Borrowers, Banks, Credit Unions and Other Financial Institutions

On October 15, 2014, the Internal Revenue Service (IRS) and the Department of the Treasury proposed to remove the deemed 36-month non-payment testing period from the list of identifiable events that trigger the requirement to…more

Banking Sector, Banks, Debt, Dischargeable Debts, Internal Revenue Code (IRC)

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Guarantor Standing Under Reg. B Unresolved After Hawkins v. Community Bank of Raymore

“The judgment is affirmed by an equally divided Court.” With that one sentence, the Supreme Court case of Hawkins v. Community Bank of Raymore, Case No. 14-520 came to an end. The first 4-4 decision from the Court since the…more

Commercial Loans, ECOA, Guarantors, Hawkins v Community Bank of Raymore, Regulation B

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Kansas Supreme Court Sets Deadline for Addressing School Funding Formula

Kansas Public Schools in Danger of Not Opening for the 2016-2017 School Year - A February 11, 2016, ruling by the Kansas Supreme Court in Gannon v. State of Kansas gave the state until June 30, 2016 to implement an…more

KS Supreme Court, Public Schools, State Funding

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Employment And Labor Law Alert - It's Official: Michigan's "Right-To-Work" Law Takes Effect

On March 28, 2013, Michigan's "right-to-work" law, the Workplace Fairness and Equity Act, went into effect. The law prohibits any requirement that an employee pay union dues or join a union as a condition of employment. The…more

Collective Bargaining, Right to Work, Union Dues, Unions, Wages

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CMS Announces Final 60-Day Overpayment Rule

The Centers for Medicare & Medicaid Services (CMS) published the Reporting and Returning of Overpayments Final Rule (Final Rule) on February 12, 2016. The Final Rule implements section 6402(a) of the Affordable Care Act which…more

60-Day Rule, CMS, False Claims Act (FCA), Final Rules, Health Care Providers

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CMS Announces Final 60-Day Overpayment Rule

The Centers for Medicare & Medicaid Services (CMS) published the Reporting and Returning of Overpayments Final Rule (Final Rule) on February 12, 2016. The Final Rule implements section 6402(a) of the Affordable Care Act which…more

60-Day Rule, CMS, False Claims Act (FCA), Final Rules, Health Care Providers

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Minnesota Supreme Court Recognizes New Private Right Of Action Against Residential Mortgage Loan Servicers

On April 2, 2014, the Minnesota Supreme Court in Gretsch v. Vantium Capital, Inc. recognized a new private right of action against residential mortgage loan servicers who breach their servicer participation agreements with…more

Borrowers, Contracts Clause, Fannie Mae, Foreclosure, HAMP

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Disclosure, Internal Controls, Cooperation - The SEC Continues Anti-Corruption Enforcement Themes

On December 15, 2014, the Securities and Exchange Commission charged Bruker Corporation with violating the Foreign Corrupt Practices Act by making $230,000 in improper payments to Chinese government officials to win business…more

Bribery, Bruker, China, Enforcement Actions, FCPA

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Eighth Circuit Decision Suggests Employers May Have An Alternative Option to Using Non-Compete Agreements

A recent Eighth Circuit Court of Appeals decision suggests another avenue for employers to secure damages from an employee who competes against them after employment ends – without the use and many limitations of a non-compete…more

Confidentiality Agreements, Corporate Counsel, Employment Contract, Hiring & Firing, Non-Compete Agreements

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Consolidation of Community Banks, Penetration of Fintech and Global Economy Were Hot Topics at the 2016 AOBA Conference

The AOBA's "Acquire or Be Acquired" conference is the financial industry's premier bank M&A conference for bank CEOs, senior management and board members. The annual event brings together key leaders from across the country to…more

Banking Sector, Community Banks, FinTech, Industry Consolidation

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New Rule Defining Spouse Under the FMLA - Becomes Effective March 27, 2015

The Department of Labor has enacted a final rule updating the regulatory definition of “spouse” under the FMLA. This rule will provide the same benefits to any employee in a legal same sex marriage, if the marriage was legal in…more

DOL, DOMA, Final Rules, FMLA, Same-Sex Marriage

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Privileged Status Of Internal Investigations At Risk - Court Finds Reports From Company's Internal Investigation Are Not Privileged, Must Be Produced In Litigation

A recent ruling by the U.S. District Court for the District of Columbia puts the privileged status of internal investigations conducted by internal resources at risk.In U.S. ex rel. Harry Barko v. Halliburton Company, the court…more

Attorney-Client Privilege, Corporate Counsel, Internal Investigations, Professional Liability, Work Product Privilege

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Multiple Departments Issue Guidance on Wellness Programs

The Equal Employment Opportunity Commission (EEOC) made headlines during the second half of 2014 by attacking employers' wellness programs that require employees to undergo certain medical testing or be penalized. In three…more

ADA, CMS, Compliance, Corporate Counsel, DOL

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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

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Energy Law Insight: Twist In The Tale Of The Term B Loan

The institutional debt market for energy projects is fired up, particularly for Term B Loan refinancing…more

Ben Bernanke, Borrowers, Debt Market, Federal Reserve, Lenders

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Legislation Amending Volcker Rule Passes in House

The Investor Clarity and Bank Parity Act (HR 4096) passed in the U.S. House of Representatives. The Volcker Rule adopted by the regulators limited the ability of bank holding companies and their affiliates, including investment…more

Banks, Covered Funds, Dodd-Frank, Investment Adviser, Proposed Legislation

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FDIC Provides Corporate Governance Guidance to Community Banks

The FDIC issued a special edition of Supervisory Insights, “A Community Bank Director’s Guide to Corporate Governance: 21st Century Reflections on the FDIC Pocket Guide for Directors.” This special corporate governance edition…more

Banking Sector, Board of Directors, Community Banks, Corporate Governance, FDIC

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Supreme Court Hands FERC Win on Authority Over Capacity Markets

With its decision on Tuesday, April 20 in Hughes v. Talen Energy Marketing, the Supreme Court issued its second significant holding of the year on the reach of federal authority over interstate wholesale sales markets. The…more

Electric Generation Suppliers, Energy Sector, Federal Power Act, FERC, Hughes v Talen Energy

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Pregnancy Accommodations After Young v. UPS: What Does the Decision Really Mean For Employers?

On March 25, 2015 the U.S. Supreme Court issued its decision in Young v. United Parcel Service. It was anticipated that the decision would provide clarity regarding the extent to which an employer must provide accommodations to…more

ADA, Disparate Treatment, PDA, Pregnancy Discrimination, Reasonable Accommodation

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Surprise! Minnesota Budget Forecast Delivers Bad News

Just a few days before the beginning of the 2016 legislative session, legislative leaders received some unexpected bad news: A previously healthy $1.2 billion budget surplus projection had dropped by $300 million to $900…more

Budget Surplus, General Elections, Legislative Agendas, Political Campaigns, Surface Transportation

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DOT Proposes Increased Safety Measures for the Transportation of Crude Oil, Ethanol and Other Flammable Materials

In response to several recent high profile incidents involving crude by rail, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a comprehensive rulemaking proposal on July 23, 2014, related to improving…more

Department of Transportation (DOT), Energy, Hazardous Substances, Oil & Gas, PHMSA

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A Picture is Worth a Thousand Words - and Maybe $150,000!: Helpful Hints and Guidelines on the Use of Internet Images

A bank manager decides to update the bank’s website. The IT manager assigned the project wants to include photographs and images to enhance the information on the website. The IT manager uses several photographs from the…more

Copyright, Photographs, Popular, Public Domain, Right of Publicity

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Minnesota Public Benefit Corporation Act

In This Issue: - Introduction - Minnesota Public Benefit Corporation Legislation - Effective Date - Types of Public Benefit Corporations - Establishment of a Public Benefit Corporation - Name -…more

Choice of Entity, Public Benefit Corporation

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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

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Employment And Labor Law Alert: Summary Of Minnesota Labor And Employment Laws Enacted In 2013

During the 2013 legislative session, the Minnesota Legislature considered and passed a number of bills affecting Minnesota employers…more

Assistive Animals, Good Faith, Medical Leave, Minimum Wage, New Legislation

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OIG Guidance on Board Oversight of Compliance Program

On April 20, 2015, the Office of Inspector General in the U.S. Department of Health and Human Services (OIG), together with the Association of Healthcare Internal Auditors (AHIA), the American Health Lawyers Association (AHLA)…more

Board of Directors, Chief Compliance Officers, Corporate Governance, Health Care Providers, Healthcare

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Employment And Labor Law Alert: Summary Of Minnesota Labor And Employment Laws Enacted In 2013

During the 2013 legislative session, the Minnesota Legislature considered and passed a number of bills affecting Minnesota employers…more

Assistive Animals, Good Faith, Medical Leave, Minimum Wage, New Legislation

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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, Auto Manufacturers, Automotive Industry, Class Action, Merchandising Rights

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EEOC Proposes to Target Pay Discrimination by Collecting Employers' Salary and Hours Worked Data

On January 29, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) announced proposed revisions to the Employer Information Report (EEO-1) that will require collection of pay data from employers with more than 100…more

Comment Period, Data Collection, EEO-1, EEOC, Pay Discrimination

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Advertising with Environmental Certifications and "Green" Seals of Approval

As consumer demand for eco-friendly, non-toxic, and sustainably-sourced products continues to rise, so does the use of environmental certifications on packaging and advertisements for virtually every kind of consumer product,…more

Advertising, Children's Products, False Advertising, FTC, FTC Act

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Eighth Circuit Says Focus is on the Intent of the Debtor in Fraudulent Transfer Law, Does Not Address Ponzi Scheme Presumption

This case is the product of yet another dispute in the extensive, multi-billion dollar fraud perpetrated by Tom Petters. In 2005, as the sole board member of Petters Group Worldwide, LLC (“PGW”), Petters directed the acquisition…more

Commercial Bankruptcy, Fraud, Fraudulent Transfers, Ponzi Scheme, Trademarks

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Supreme Court Hands FERC Win on Authority Over Capacity Markets

With its decision on Tuesday, April 20 in Hughes v. Talen Energy Marketing, the Supreme Court issued its second significant holding of the year on the reach of federal authority over interstate wholesale sales markets. The…more

Electric Generation Suppliers, Energy Sector, Federal Power Act, FERC, Hughes v Talen Energy

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Health Care Law Insight: HIPAA Final Omnibus Rule Contains New Requirements For BAAs

On January 25, 2013, the U.S. Department of Health and Human Services (HHS) published the long-awaited HIPAA final omnibus rule (Final Rule)…more

Covered Entities, Final Rules, HHS, HIPAA, HIPAA Omnibus Rule

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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

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Energy Alert: Big Impacts Of Obama’s Broad Climate Plan

The main goals for President Obama’s “Climate Action Plan” are to cut carbon emissions (and cut greenhouse gas emissions in general to 17% below 2005 levels by 2020), prepare the country for the impacts of climate change and…more

Barack Obama, Climate Change, Greenhouse Gas Emissions, Infrastructure, Renewable Energy

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Supreme Court Hands FERC Win on Authority Over Capacity Markets

With its decision on Tuesday, April 20 in Hughes v. Talen Energy Marketing, the Supreme Court issued its second significant holding of the year on the reach of federal authority over interstate wholesale sales markets. The…more

Electric Generation Suppliers, Energy Sector, Federal Power Act, FERC, Hughes v Talen Energy

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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, Popular, Property Owners, Real Estate Development

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Radioactivity In The Oilfield: North Dakota Issues Material Handling Regulations Impacting Oil And Gas Operations

On April 10, 2014, the North Dakota Industrial Commission (NDIC) announced new permit requirements for oil, gas and saltwater disposal wells. The new regulations, which go into effect on June 1, are targeted at the proper…more

Disposal Wells, NORM, Oil & Gas, Permits, Radioactive Drilling Waste

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Illinois Court Of Appeals: Non-Competes Unenforceable Without At Least Two Years Of Continued Employment

In Fifield v. Premier Dealer Services, Inc., the Illinois Court of Appeals covering Chicago held that as a matter of law, an at-will employee must remain employed for at least two years to receive consideration sufficient to…more

At-Will Employment, Employee Rights, Employer Liability Issues, Hiring & Firing, Non-Compete Agreements

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Energy Alert: FERC Hits Entergy Hard For Violations Of NERC Reliability Standards: Orders $975,000 Penalty

On March 28, 2013, the Federal Energy Regulatory Commission issued an Order Approving Stipulation and Consent Agreement between FERC's Office of Enforcement and Entergy Services, Inc. The Agreement settles an investigation…more

Audits, Civil Monetary Penalty, Compliance, FERC, NERC

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Industry Tells FERC To "Slow Down" On Filing Zero Rate Reactive Power Rate Schedules

As we previously reported, FERC hosted a workshop December 11 on filing reactive power rate schedules for which there is no compensation. The clear message to FERC from the industry panelists was: "Slow down the train, there are…more

Energy, FERC, RTO

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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, Popular, Property Owners, Real Estate Development

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New DHS Rule Creates Extended Work Authorization for STEM Graduates - Side Benefit is a Potential H-1B Workaround

On March 11, 2016, the Department of Homeland Security issued a long-anticipated final rule allowing certain foreign students with science, technology, engineering and math (STEM) degrees earned in the U.S. to extend their…more

DHS, Foreign Students, H-1B, Highly-Skilled Workers Visa, OPT

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Kansas Supreme Court Sets Deadline for Addressing School Funding Formula

Kansas Public Schools in Danger of Not Opening for the 2016-2017 School Year - A February 11, 2016, ruling by the Kansas Supreme Court in Gannon v. State of Kansas gave the state until June 30, 2016 to implement an…more

KS Supreme Court, Public Schools, State Funding

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EPA Launches Proposed Measures to Cut Methane and VOC Emissions from Oil & Gas Industry: Agency Clarifies Permitting Requirements and Issues 60-Day Comment Period

Draft New Source Performance Standards to Reduce Methane and VOC Emissions - The oil and gas sector is the Environmental Protection Agency's (EPA) latest target regarding the reduction of GHG emissions. The White House and…more

Carbon Emissions, Clean Air Act, Climate Action Plan, Climate Change, Energy Sector

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The Fluid State of Delaware Fee-Shifting Bylaws

On May 8, 2014, the Delaware Supreme Court held in ATP Tour, Inc. v. Deutscher Tennis Bund that a bylaw provision that shifts "all fees, costs and expenses of every kind and description (including, but not limited to..…more

ATP Tours, Attorney's Fees, Bylaws, Delaware General Corporation Law, Fee-Shifting

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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, Popular, Property Owners, Real Estate Development

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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

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Children's Products: A Discussion of the Regulations Governing Lead Content

Lead poisoning in children has been found to cause adverse health effects ranging from hyperactivity to developmental delays, blindness and even death. See 16 C.F.R. § 1303.5. Even minimally elevated blood lead levels in…more

Children's Products, Children's Toys, Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), FHSA

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The Expansion of UAS Registration Requirements

What types of unmanned aircraft systems (UAS) require registration? Currently, all UAS flown for commercial, civil (non-governmental) purposes must be registered with and authorized by the Federal Aviation Administration…more

Drones, Federal Aviation Administration (FAA), Registration Requirement, Section 333 Exemption, Unmanned Aircraft Systems

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Ambush Elections and Access to Email - A Bad Combination for Employers

Late last week, the National Labor Relations Board (NLRB) made a combination of moves that present significant challenges for employers. First, the Board issued its decision in Purple Communications, Inc., allowing employees to…more

Ambush Election Rules, Email, Email Policies, Employer Liability Issues, FLSA

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North Dakota Supreme Court Announces a Test for the Paying Quantities Requirement

In Fleck v. Missouri River Royalty Corp., the North Dakota Supreme Court outlined the test that should be used to determine whether a well is producing in paying quantities to satisfy the habendum clause. That test involves both…more

Energy Sector, Exploration and Production Assets, Mineral Extraction, Mineral Leases, Oil & Gas

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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

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Minnesota Session Ends With Governor Threatening Veto

The Minnesota legislature concluded its business last evening with Governor Mark Dayton threatening to veto a $17 billion public education funding bill – a threat he carried through with earlier today. The governor issued the…more

Child Protective Services, Department of Health and Human Services, Education Budget, Healthcare, Infrastructure

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Multiple Departments Issue Guidance on Wellness Programs

The Equal Employment Opportunity Commission (EEOC) made headlines during the second half of 2014 by attacking employers' wellness programs that require employees to undergo certain medical testing or be penalized. In three…more

ADA, CMS, Compliance, Corporate Counsel, DOL

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Missouri Supreme Court Redefines Adequate Consideration for Enforcing Arbitration Agreements

Continued at-will employment is no longer sufficient consideration to enforce arbitration provisions in Missouri. In Baker v. Bristol Care, a recent decision of the Missouri Supreme Court, a slim majority of the Court struck…more

Arbitration, Arbitration Agreements, At-Will Employment, Consideration, Mandatory Arbitration Clauses

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Supreme Court Rejects EPA's Rule Regulating Hazardous Air Polluntants from Power Plants

On June 29, the U.S. Supreme Court held that the Environmental Protection Agency (EPA) was wrong not to consider the cost of compliance when it decided to regulate mercury and other air toxic substances emitted from power…more

Chevron Deference, Chevron v NRDC, Clean Air Act, EPA, MATS

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U.S. Department of Labor's New Guidance on Independent Contractors Highlights a Key Risk Area for Employers

Businesses should carefully assess any independent contractor arrangements in light of an “Administrator’s Interpretation” issued on July 15, 2015 by the U.S. Department of Labor’s Wage and Hour Division (DOL). While the DOL’s…more

Compliance, DOL, EBSA, FICA Taxes, FLSA

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Summary of Revised AAA Construction Industry Rules Effective July 1, 2015

The American Arbitration Association recently revised its Construction Industry Arbitration Rules and Mediation Procedures. The revised Rules, which became effective on July 1, "further align the AAA Construction Rules with most…more

American Arbitration Association, Arbitration, Case Consolidation, Construction Industry, Dispute Resolution

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SEC Charges Audit Committee Chair for Failing to Investigate Red Flags

The SEC recently brought an enforcement action against the Chairman of the Audit Committee of AgFeed Industries, Inc. The Director of the SEC’s Division of Enforcement, called the AgFeed action “a cautionary tale of what happens…more

Accounting Fraud, Enforcement Actions, Internal Audit Functions, Internal Investigations, Personal Liability

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Children's Products: Branding and Trademark Considerations

The Consumer Product Safety Improvement Act (CPSIA) and the Child Safety Protection Act (CSPA) were enacted to establish regulations and testing requirements for children’s products. While there are no express restrictions with…more

Children's Products, Children's Toys, Consumer Product Safety Act (CPSA), Consumer Product Safety Improvement Act (CPSIA), Trademarks

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Federal Preemption of State and Local Laws Governing Children's Products

In January 2015, Albany County became the first of several municipalities in New York to enact a version of the “Toxic Free Toys Act” ("the Act") prohibiting any amount of six heavy metals and benzene in children’s products and…more

Children's Products, Children's Toys, Consumer Product Safety Act (CPSA), Consumer Product Safety Improvement Act (CPSIA), FHSA

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Wind and Solar Energy Tax Credits Extended

On Friday, December 18th, President Barack Obama signed into law the $1.1 trillion Consolidated Appropriations Act of 2016, which extended and also phased down certain renewable energy investment tax credits (ITC) and production…more

Appropriations Bill, Construction Industry, Energy Sector, Investment Tax Credits, Popular

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Missouri: Taking a Step Toward Digging Out of the "Judicial Hellhole"?

Missouri’s Legislature is deciding whether to change its current standard governing the admissibility of expert witness testimony to the Daubert standard. The bill to make this change has passed the Senate and is now being…more

Admissibility, Daubert Standards, Evidence, Expert Testimony, Expert Witness

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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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City of Minneapolis Considering Dramatic Changes for Minneapolis Employers - Public Comment Period Underway

The City of Minneapolis is taking steps to develop an ordinance that, as now proposed, would impose dramatic new requirements for Minneapolis employers related to employee scheduling and earned sick leave. The City Council,…more

Collective Bargaining, Employee Benefits, Sick Leave, Unpaid Overtime, Wage and Hour

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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

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Contact

150 South Fifth Street
Suite 2300
Minneapolis, MN 55402, United States

  • 612.335.7222
  • 612.335.1657

Areas of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • 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
  • Worker’s Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • D.C.
  • Minnesota
  • North Dakota
Number of Attorneys

400+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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