Leonard, Street and Deinard

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Attorney	Latest Publications
David Axtell	Intellectual Property Litigation Alert: Post-Grant Review And Inter-Partes Review Are New Alternatives To Federal Litigation In September 2011, the America Invents Act (AIA) reformed the United States patent statutes. One of the most significant reforms is the change from a "first-to-invent" system to a "first-inventor-to-file" system for new patent…more America Invents Act, First-to-File, First-to-Invent, Inter Partes Review Proceedings, Patents	See All Updates »
Amber Backhaus	Government Relations And Lobbying Insight - 2013 Minnesota Legislative Session: A Summary Of What's Happened, A Preview Of What's Ahead The Minnesota Legislature reconvened this past Tuesday after a weeklong break. Committees have taken to task assembling omnibus bills to meet the third committee deadline of April 19. This deadline was set in January for…more Environmental Policies, Health Insurance Exchanges, Legislative Agendas, Legislative Committees, Property Tax	See All Updates »
James J. Bertrand	Energy Alert: North Dakota Energy Boom's New Focus Is On Electricity: Additional 2,059 MW Needed By 2032 A recent report released by the North Dakota Transmission Authority forecasts that North Dakota will need an additional 2,059 MW to meet the growing demand from its oil and gas boom associated with the exploration of the Bakken…more Bakken Shale, Oil & Gas, Shale Gas	See All Updates »
Angela Bohmann	Employment And Labor Law Alert: Minnesota's Same-Sex Marriage Law: Effects On Employers On Tuesday, May 14, 2013, Governor Dayton signed into law a bill legalizing same-sex marriage in Minnesota (H.F. 1054 and S.F. 925), effective August 1, 2013…more DOMA, Employee Benefits, Exemptions, FMLA, Same-Sex Marriage	See All Updates »
Jeffrey P. Cairns	Labor Proposes Required Lifetime Income Estimates On 401(k) Benefit Statements Congressional hearings on the status of the Social Security system and studies on workers’ retirement readiness have sparked interest in lifetime income solutions from defined contribution plans…more 401k, Benefit Plan Sponsors, Defined Contribution Plans, EBSA, Proposed Regulation	See All Updates »
Paul Cassidy	Government Relations And Lobbying Insight - 2013 Minnesota Legislative Session: A Summary Of What's Happened, A Preview Of What's Ahead The Minnesota Legislature reconvened this past Tuesday after a weeklong break. Committees have taken to task assembling omnibus bills to meet the third committee deadline of April 19. This deadline was set in January for…more Environmental Policies, Health Insurance Exchanges, Legislative Agendas, Legislative Committees, Property Tax	See All Updates »
J. Scott Childs	Oil And Gas Alert - Collecting The Resource: North Dakota Gas Flaring Laws Amended On April 26, 2013, North Dakota Governor Jack Dalrymple signed House Bill No. 1134 (HB 1134) into law, amending the state's flaring and oil and gas production tax statutes to promote reduction of natural gas flaring at the…more Natural Gas, Oil & Gas	See All Updates »
Jannelle Steger Combs	Oil And Gas Law Insight: With Oil Reserves Estimate Doubled In Williston Basin, Opportunities For Growth Abound The U.S. Geological Survey has doubled its previous estimate of the amount of recoverable oil within the Williston Basin to 7.4 billion barrels. While the Bakken formation is still a star in the play, the potential of the Three…more Oil & Gas	See All Updates »
Amy Conway	Labor And Employment Insight: Supreme Court Ruling In Genesis Generates Discussion On Employer FLSA Strategy The U.S. Supreme Court held yesterday in Genesis Healthcare Corp. v. Symczyk that if a sole plaintiff's putative Fair Labor Standards Act (FLSA) collective action claim is mooted, the entire case must be dismissed…more Collective Actions, FLSA, Genesis HealthCare, Genesis Healthcare Corp. v. Symczyk, Mootness	See All Updates »
Margaret Cronin	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	See All Updates »
Andrew W. Davis	Energy And Environmental Law Alert: Feds Continue Aggressive Enforcement Of Emissions Limits For Power Plants On January 4, 2013, the Wisconsin Public Service Corporation agreed to pay more than $300 million as part of a settlement reached with the EPA and the Justice Department regarding alleged violations of the Clean Air Act. The…more Clean Air Act, Coal, DOJ, Enforcement, EPA	See All Updates »
Eileen Day	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	See All Updates »
Tracey Holmes Donesky	Employment And Labor Law Alert: Frack Supplier Hit With Overtime Class Action Last week, a hydraulic fracturing equipment supplier was hit with a putative class action lawsuit in federal court in Pennsylvania, alleging violations of state and federal wage and hour law…more Class Action, FLSA, Fracking, Over-Time, Wage and Hour	See All Updates »
Nate Endrud	CFTC Extends Compliance Dates For End User Swap Reporting The CFTC has issued a no-action letter that effectively extends the dates for swap counterparties who are not swap dealers (SDs) or major swap participants (MSPs) to come into compliance with the agency’s reporting rules under…more CFTC, Compliance, End-Users, No-Action Letters, Reporting Requirements	See All Updates »
Robert Fallon	CFTC (And FERC) Compliance Managers Take Note – CFTC Schedules Vote On Final Interpretation Of Disruptive Trading Practices At its open meeting on May 16, 2013, the Commodity Futures Trading Commission will vote on the final interpretative rule for disruptive trading practices under Section 747 of the Dodd-Frank Act. That order should be of interest…more CFTC, Compliance, Dodd-Frank, FERC, Unfair or Deceptive Trade Practices	See All Updates »
William Forsberg	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, Snowbird Tax, State Budgets	See All Updates »
Andrew Gibbons	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	See All Updates »
Jewelie Grape	Employment And Labor Law Alert: Minnesota's Same-Sex Marriage Law: Effects On Employers On Tuesday, May 14, 2013, Governor Dayton signed into law a bill legalizing same-sex marriage in Minnesota (H.F. 1054 and S.F. 925), effective August 1, 2013…more DOMA, Employee Benefits, Exemptions, FMLA, Same-Sex Marriage	See All Updates »
Robert Huber	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, Insure-The-Indemnity Clauses, Liability Insurance	See All Updates »
David Jenson	ISS Charged With Selling Shareholder Vote Data; Agrees To $300,000 Settlement The SEC and Institutional Shareholder Services, Inc. (ISS) have settled public administrative and cease-and-desist proceedings initiated against ISS by the SEC alleging that ISS violated Section 204A of the Advisers Act by…more ISS, Proxy Solicitations, SEC, Settlement, Shareholders	See All Updates »
Jessica Kracl	Health Law Alert: OIG Issues Updated Special Advisory Bulletin On The Effect Of Exclusion From Participation In Federal Health Care Programs On May 8, 2013, the U.S. Department of Health and Human Services Office of the Inspector General (OIG) issued an updated Special Advisory Bulletin on the effect of exclusion from participating in federal health care programs…more Civil Monetary Penalty, Healthcare, OIG, Self-Disclosure Requirements	See All Updates »
Liz Kramer	The Relationship Is Governed By Multiple Agreements And Not All Require Arbitration; Must You Arbitrate? In the past few months, two federal appellate courts have had to determine whether parties were bound to arbitrate claims that arose from relationships governed by multiple agreements, only some of which called for arbitration…more Arbitration, Attorney's Fees, Breach of Contract	See All Updates »
Elizabeth Larsen	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, Insure-The-Indemnity Clauses, Liability Insurance	See All Updates »
Allison Woodbury Leppert	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	See All Updates »
Ethan Mark	Resources To Update Comp Committee Charter Requirements By July 1 As most listed public companies know, as a result of the Dodd-Frank Act, the stock exchanges have adopted rules regarding the independence of compensation committees and their advisers. NASDAQ and the NYSE require the first…more Compensation Committee, Dodd-Frank, Executive Compensation	See All Updates »
Ryan McGary	Health Law Alert: Final Sunshine Act Regulations Released On Friday, February 1, 2013, the Centers for Medicare & Medicaid Services (CMS) released the long-awaited Sunshine Act regulations. The Sunshine Act requires disclosure of payments and value transfers (Payments) from drug and…more CMS, Covered Products, Disclosure Requirements, Manufacturers, Medicaid	See All Updates »
Matthew Melewski	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	See All Updates »
Brian Meloy	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	See All Updates »
Katherine Moerke	Intellectual Property Litigation Alert: Post-Grant Review And Inter-Partes Review Are New Alternatives To Federal Litigation In September 2011, the America Invents Act (AIA) reformed the United States patent statutes. One of the most significant reforms is the change from a "first-to-invent" system to a "first-inventor-to-file" system for new patent…more America Invents Act, First-to-File, First-to-Invent, Inter Partes Review Proceedings, Patents	See All Updates »
Jonathan Naples	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	See All Updates »
Kristin Berger Parker	Employment And Labor Law Alert: Frack Supplier Hit With Overtime Class Action Last week, a hydraulic fracturing equipment supplier was hit with a putative class action lawsuit in federal court in Pennsylvania, alleging violations of state and federal wage and hour law…more Class Action, FLSA, Fracking, Over-Time, Wage and Hour	See All Updates »
Stephen M. Quinlivan	Court Finds Internal Reporting By Whistleblower Entitled To Dodd-Frank Protections In Murray v. UBS Securities LLC et al (12-CV-5914 S.D.N.Y.) the court found that an employee who reports violations of securities laws to his supervisor, but not the SEC, is entitled to the anti-retaliation protections for…more Dodd-Frank, Reporting Requirements, SEC, Whistleblowers	See All Updates »
Jill Radloff	Whistleblower Law Firm Complains To SEC Two partners from a self-described law firm that specializes in the representation of whistleblowers have sent a letter to the SEC Commissioners complaining about the use of severance agreements to prevent employees from…more SEC, Severance Agreements, Whistleblowers	See All Updates »
Michelle Rehbein	Estate Planning Alert: Minnesota Legislature Adds New State Gift Tax And Expands Estate Tax Provisions For Nonresidents Just before midnight on May 20, 2013, the Minnesota Legislature passed the Omnibus Tax Bill…more Estate Planning, Gift Tax, New Legislation	See All Updates »
Sheva J. Sanders	Health Law Alert: OIG Issues Updated Special Advisory Bulletin On The Effect Of Exclusion From Participation In Federal Health Care Programs On May 8, 2013, the U.S. Department of Health and Human Services Office of the Inspector General (OIG) issued an updated Special Advisory Bulletin on the effect of exclusion from participating in federal health care programs…more Civil Monetary Penalty, Healthcare, OIG, Self-Disclosure Requirements	See All Updates »
Christina Sans	Employment And Labor Law Alert: Minnesota's Same-Sex Marriage Law: Effects On Employers On Tuesday, May 14, 2013, Governor Dayton signed into law a bill legalizing same-sex marriage in Minnesota (H.F. 1054 and S.F. 925), effective August 1, 2013…more DOMA, Employee Benefits, Exemptions, FMLA, Same-Sex Marriage	See All Updates »
Blake Schofield	Health Law Alert: Deficient Data Security On Mobile Devices Leads To First HIPAA Breach Settlement Involving Less Than 500 Patients On January 2, 2013, the U.S Department of Health and Human Services, Office of Civil Rights (OCR) announced its first HIPAA breach settlement involving less than 500 patients. OCR took action against a hospice provider in Idaho…more Compliance, Data Breach, Data Protection, Electronic Medical Records, Health Information Technologies	See All Updates »
Matthew B. Seltzer	Environmental Law: U.S. Supreme Court Rules That Government Not Exempt from Paying Compensation For Temporarily Flooding Private Property Under a new U.S. Supreme Court decision, businesses of all kinds may be entitled to compensation for temporary flooding of their land caused by government flood control projects. In 2011, the Federal Circuit Court of…more Taking	See All Updates »
Craig Silverstein	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	See All Updates »
Guy Smith	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	See All Updates »
Kate Solheim	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	See All Updates »
Shane Swanson	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 »
Matthew Tews	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	See All Updates »
Dante Tomassoni	Oil And Gas Law Alert: In A Victory For The State's Oil And Gas Industry, North Dakota Senate Defeats Well Setback Rule The North Dakota State Senate bill proposing that all oil and gas well setbacks be extended from 500 feet to 750 feet for single-well pads and to 1,000 feet for pads with multiple wells was defeated yesterday, February 6, by a…more Natural Resources, Oil & Gas, Well Setbacks	See All Updates »
Robert Zeglovitch	Employment And Labor Alert: Bill Banning Noncompete Agreements Likely Stalled For 2013, But Remains Viable For 2014 Legislation has been introduced in the Minnesota House of Representatives that would completely ban employment noncompete agreements, with exceptions for sale of business-based provisions. If passed, the proposed law would…more Non-Compete Agreements, Proposed Legislation	See All Updates »

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