Stinson LLP

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

Auto Service Advisors are Exempt Under the FLSA

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

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

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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 Sector, FERC

See all updates »

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

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

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

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Significant Changes Impacting FY2025 H-1B Lottery

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

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

See all updates »

Colorado and Other States Join the Data Privacy Law Landscape - What You Need to Know

The new Colorado Privacy Act (CPA) will take effect on July 1, 2023, requiring companies that operate within the state to comply with heightened privacy requirements. Colorado joins several other states with comprehensive…more

Colorado, Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection

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

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

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

See all updates »

FinCEN Proposes Expanding AML Rules to Investment Advisers

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

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

See all updates »

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

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

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

See all updates »

Justices Clarify Scope of Anti-Hacking Law

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

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

See all updates »

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

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

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

See all updates »

EPA Sets First-Time Limits for Six PFAS in Drinking Water

On April 10, 2024, the U.S. Environmental Protection Agency (EPA) released its final “PFAS National Primary Drinking Water Regulation Rulemaking” (the Rule). This marks the first time the EPA has set enforceable limits for per-…more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

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

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

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

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HVCRE Relief for Lenders

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

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

See all updates »

Trend of Nixing Employer-Friendly "Ultimate Employment Decision" Standard for Title VII Claims Continues

Recently, the Fifth Circuit overturned decades-old precedent requiring that plaintiffs suffer an “ultimate employment decision” (such as actions relating to hiring, firing, leave, or pay) in order to plead a claim under Title…more

Civil Rights Act, Employees, Employer Liability Issues, Employment Discrimination, Employment Litigation

See all updates »

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

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

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

See all updates »

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

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

Exports, Imports, Natural Gas, Shale Gas

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

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

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

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

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

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

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Minnesota-Regulatory-Filing-Deadline-Relief

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

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

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SEC Charges Company for Undisclosed Perquisites

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

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

See all updates »

Music Modernization Act Update

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

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

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

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

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

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

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

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

See all updates »

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

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

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

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

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

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

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Minnesota Historic Legislative Session Comes to an End

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

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

See all updates »

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

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

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

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IRS Announces Delay of Implementation of SECURE 2.0 Act’s Roth Catch-Up Contribution Provision for Two Years

As signed into law, Section 603 of the SECURE 2.0 Act of 2022 (SECURE 2.0) required that effective as of January 1, 2024, participants in 401(k) plans, 403(b) plans, or governmental 457(b) plans, who were age 50 or older and…more

401k, 403(b) Plans, 457(b) Plans, Employee Benefits, Employee Contributions

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Congress Revamps Retirement Planning with Secure 2.0

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

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

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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 Sector, FERC

See all updates »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Minnesota Passes Renewable Energy Policies Impacting Various Industries

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

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

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

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

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

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Significant Changes Impacting FY2025 H-1B Lottery

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

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

See all updates »

The Impact of the Coronavirus on the Global Supply Chain

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

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

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

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

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

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Justices Clarify Scope of Anti-Hacking Law

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

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

See all updates »

Minnesota Non-Compete Ban Signed into Law and Effective July 1, 2023

Minnesota Governor Tim Walz has now officially signed into law a bill including provisions that will prohibit employment noncompetition agreements. MN SF 3035, signed by Governor Walz on May 24, 2023, restricts employers from…more

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

See all updates »

Justices Clarify Scope of Anti-Hacking Law

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

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

See all updates »

SEC Charges Company for Undisclosed Perquisites

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

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

See all updates »

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

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

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

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A New Type of Face Painting - The Use of Facial Recognition Technology in Sports Venues

Professional sports teams' greatest rivals in the coming seasons could be their own fans. With the increase of facial recognition technologies implemented within sports venues, compliance with state biometric privacy laws will…more

Arenas and Stadiums, Biometric Information, Data Collection, Event Tickets, Facial Recognition Technology

See all updates »

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

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

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

See all updates »

Missouri Supreme Court Holds Consumer Arbitration Agreements Enforceable

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

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

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Supreme Court Expands Scope of Patent Exhaustion

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

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

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EPA Sets First-Time Limits for Six PFAS in Drinking Water

On April 10, 2024, the U.S. Environmental Protection Agency (EPA) released its final “PFAS National Primary Drinking Water Regulation Rulemaking” (the Rule). This marks the first time the EPA has set enforceable limits for per-…more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

EPA Sets First-Time Limits for Six PFAS in Drinking Water

On April 10, 2024, the U.S. Environmental Protection Agency (EPA) released its final “PFAS National Primary Drinking Water Regulation Rulemaking” (the Rule). This marks the first time the EPA has set enforceable limits for per-…more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

Emerging Trends Newsletter - Q2

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

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

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American Rescue Plan Act Contains Many Employee Benefits Related Provisions

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

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

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EEOC Releases New “Know Your Rights” Poster

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

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

See all updates »

FinCEN Proposes Expanding AML Rules to Investment Advisers

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

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

See all updates »

EPA Publishes Clean Water Act "Worst-Case" Spill Rule

On March 28, the U.S. Environmental Protection Agency (EPA) published its Final Rule: Clean Water Act Hazardous Substance Facility Response Plans (Final Rule) requiring facilities that handle hazardous substances to create…more

Clean Water Act, Climate Change, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

Trend of Nixing Employer-Friendly "Ultimate Employment Decision" Standard for Title VII Claims Continues

Recently, the Fifth Circuit overturned decades-old precedent requiring that plaintiffs suffer an “ultimate employment decision” (such as actions relating to hiring, firing, leave, or pay) in order to plead a claim under Title…more

Civil Rights Act, Employees, Employer Liability Issues, Employment Discrimination, Employment Litigation

See all updates »

Temporary Extension of CARES Act Telehealth/HSA Relief Available

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

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

See all updates »

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

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

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

See all updates »

FTC and DOJ Announce Final Merger Guidelines

On December 18, 2023, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) issued final merger guidelines which significantly overhaul how the agencies determine whether potential transactions violate…more

Competition, Department of Justice (DOJ), Federal Trade Commission (FTC), Merger Controls, New Regulations

See all updates »

Minnesota Historic Legislative Session Comes to an End

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

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

See all updates »

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

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

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

See all updates »

Government Shutdown Instructions from OMB

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

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

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

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

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

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EEOC Proposes New Regulations For Pregnant Workers Fairness Act

In late 2022, President Biden signed legislation creating new protections for pregnant and nursing employees, which was addressed in a previous alert. The Pregnant Workers Fairness Act (PWFA), went into effect on June 27, 2023,…more

Breastfeeding, Comment Period, Employee Rights, Employees, Employer Liability Issues

See all updates »

Justices Clarify Scope of Anti-Hacking Law

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

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

See all updates »

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

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

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

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FTC Announces Expanded Enforcement Authority

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

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

See all updates »

NLRB Increases Scrutiny of Workplace Rules

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

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

See all updates »

Music Licensing in the Age of TikTok

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

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

See all updates »

Temporary Extension of CARES Act Telehealth/HSA Relief Available

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

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

See all updates »

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

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

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

See all updates »

CMS Says That EMTALA Overrides State Law in Pregnancy Emergencies

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

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

See all updates »

Now is the Time to Evaluate PFAS Liability

If your organization has not already started thinking about PFAS (per- and polyfluoroalkyl substances), there's no time like the present. PFAS refers to a family of man-made, environmentally persistent chemicals (often referred…more

CERCLA, Contaminated Properties, Contamination, Department of Defense (DOD), Discharge of Pollutants

See all updates »

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

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

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

See all updates »

Bank Holding Companies MUST Review Their Shareholder Agreements

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

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

See all updates »

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

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

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

See all updates »

HSR Act Threshold Update

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

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

See all updates »

Paycheck Protection Program - What Has Changed?

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

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

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Force Majeure and the Coronavirus (COVID-19)

Generally speaking, entities that enter into contracts are bound to perform them. However, as matters evolve, the impacts of natural and man-made problems arising from the coronavirus (COVID-19) are being felt by customers,…more

Business Interruption, Contract Terms, Coronavirus/COVID-19, Critical Infrastructure Sectors, Delay Claims

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The Impact of Subordination Agreements on Lien Priorities

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

Appeals, Business Litigation, Lien Priority, Subordination Agreement

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

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

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

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SEC Charges Company for Undisclosed Perquisites

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

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

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

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

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

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Environmental Wrap-Up 2022 and What to Expect in 2023

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

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

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

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

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

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Missouri Court Decision Endorses Tariff Variances to Support Development

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

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

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

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

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

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

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

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

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

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

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

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Immediate Deadlines May Loom For Employee Retention Credit Claims

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

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

See all updates »

Federal Trade Commission Announces Annual HSR Premerger

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

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

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Paycheck Protection Program - What Has Changed?

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

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

See all updates »

EPA and State Regulators Outline Region 7 Regulatory Priorities at Environmental Conferences

Compliance with the PM2.5 Standard: EPA proposed lowering the PM 2.5 standard earlier this year. State agency representatives confirmed that areas in each Region 7 state could struggle to comply with the reduced standard,…more

Chevron Deference, Coal Ash, Environmental Justice, Environmental Policies, Environmental Protection Agency (EPA)

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Bank Holding Companies MUST Review Their Shareholder Agreements

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

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

See all updates »

Decentralized Autonomous Organization Laws Across the U.S.

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

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

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USPTO Issues Guidance for Determining Inventorship in AI-assisted Inventions

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

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

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

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

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

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The Corporate Transparency Act Found Unconstitutional, Now What?

On Friday March 1, 2024, Judge Liles C. Burke of the U.S. District Court for the Northern District of Alabama ruled that the Corporate Transparency Act (CTA) is an unconstitutional overreach of Congress's enumerated powers in a…more

Beneficial Owner, Business Ownership, Congressional Authority, Corporate Transparency Act, Department of Justice (DOJ)

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Minnesota Historic Legislative Session Comes to an End

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

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

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Judicial Holdings Throw Vaccine Mandate Implementation into Disarray

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

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

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Generative AI

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

Artificial Intelligence, Copyright, Copyright Office, eSports, Gaming

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Meta Bags: NFT Complications and Considerations for Traditional Brand Owners

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

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

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How Charities are Motivating Donors Under the New Tax Law

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

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

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President Biden Sets Stage for Workplace Vaccination Game Changer

On September 9, 2021, President Biden announced major actions intended to combat the spread of the COVID-19 pandemic called the Path Out of the Pandemic that will have a significant impact on employers across the country…more

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

See all updates »

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

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

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

See all updates »

Pay Transparency is Trending

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

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

See all updates »

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

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

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

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Supreme Court Ruling Opens Door to Suits in States Where Companies are Registered

In its June 27, 2023, Mallory v. Norfolk Southern Railway Co. decision, the U.S. Supreme Court held that a corporate defendant can be sued in Pennsylvania — regardless of whether the cause of action accrues in Pennsylvania or is…more

Business Litigation, Cause of Action Accrual, Commerce Clause, Due Process, Foreign Corporations

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EPA Sets Health Advisories for Drinking Water

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

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

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

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

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

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New USPTO Pilot Program Provides Appeal Decisions Within Six Months

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

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

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

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

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

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Bank Holding Companies MUST Review Their Shareholder Agreements

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

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

See all updates »

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

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

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

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NLRB Ruling Renders Routine Confidentiality and Non-Disparagement Provision Unlawful

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

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

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Bank Holding Companies MUST Review Their Shareholder Agreements

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

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

See all updates »

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

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

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

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Employer Non-Compete Agreements Face Possible Ban by FTC

The Federal Trade Commission (FTC) started off 2023 with a bang. On January 5, the FTC proposed a new rule that would effectively ban most non-compete agreements, making them an unfair and unlawful method of competition under…more

Anti-Competitive, Comment Period, Competition, Employer Liability Issues, Employment Contract

See all updates »

American Rescue Plan Act Contains Many Employee Benefits Related Provisions

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

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

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Gain from Goodwill Sale Subject to Minnesota Apportionment as Business Income

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

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

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Federal Contractors Must Update Voluntary Self-Identification of Disability Form (UPDATED)

On April 25, 2023, the Office of Management and Budget (OMB) approved the Office of Federal Contract Compliance Programs' (OFCCP) revised Voluntary Self-Identification of Disability Form (CC-305). Federal contractors and…more

Disability, Employees, Federal Contractors, OFCCP, OMB

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Missouri Supreme Court Holds Consumer Arbitration Agreements Enforceable

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

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

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Minnesota Passes Renewable Energy Policies Impacting Various Industries

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

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

See all updates »

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

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

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

See all updates »

American Rescue Plan Act Contains Many Employee Benefits Related Provisions

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

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

See all updates »

FinCEN Proposes Expanding AML Rules to Investment Advisers

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

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

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

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

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

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Firm Wins Victory for BMO Harris at Minnesota Supreme Court

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

Commercial Bankruptcy, Fraudulent Transfers, Ponzi Scheme

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Immediate Deadlines May Loom For Employee Retention Credit Claims

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

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

See all updates »

Bank Holding Companies MUST Review Their Shareholder Agreements

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

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

See all updates »

Senate Passes #MeToo Bill Allowing Employees to Bypass Arbitration

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

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

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

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

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

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

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

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

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

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

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

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

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

Comment Period, Drones, FCC, NPRM, Regulatory Agenda

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CMS Says That EMTALA Overrides State Law in Pregnancy Emergencies

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

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

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

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

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

See all updates »

Employer Non-Compete Agreements Face Possible Ban by FTC

The Federal Trade Commission (FTC) started off 2023 with a bang. On January 5, the FTC proposed a new rule that would effectively ban most non-compete agreements, making them an unfair and unlawful method of competition under…more

Anti-Competitive, Comment Period, Competition, Employer Liability Issues, Employment Contract

See all updates »

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

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

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

See all updates »

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

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

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

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

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

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

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New Interagency Policy Statement on CRE Loan Accommodations and Workouts

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

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

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EEOC Proposes New Regulations For Pregnant Workers Fairness Act

In late 2022, President Biden signed legislation creating new protections for pregnant and nursing employees, which was addressed in a previous alert. The Pregnant Workers Fairness Act (PWFA), went into effect on June 27, 2023,…more

Breastfeeding, Comment Period, Employee Rights, Employees, Employer Liability Issues

See all updates »

Pay Transparency is Trending

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

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

See all updates »

Landlord Rent Relief Checklist

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

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

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NLRB Increases Scrutiny of Workplace Rules

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

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

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Minnesota Legislature Passes Historic Environmental Legislation

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

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

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

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

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

See all updates »

Energy Credits Extended for Wind and Solar Facilities

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

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

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

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

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

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The Corporate Transparency Act Found Unconstitutional, Now What?

On Friday March 1, 2024, Judge Liles C. Burke of the U.S. District Court for the Northern District of Alabama ruled that the Corporate Transparency Act (CTA) is an unconstitutional overreach of Congress's enumerated powers in a…more

Beneficial Owner, Business Ownership, Congressional Authority, Corporate Transparency Act, Department of Justice (DOJ)

See all updates »

Music Modernization Act Update

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

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

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

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

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

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DC Circuit Overturns FCC's Expansion of Robocall Prohbitions

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

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

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SEC Charges Company for Undisclosed Perquisites

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

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

See all updates »

Minnesota Passes Renewable Energy Policies Impacting Various Industries

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

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

See all updates »

Minnesota Non-Compete Ban Signed into Law and Effective July 1, 2023

Minnesota Governor Tim Walz has now officially signed into law a bill including provisions that will prohibit employment noncompetition agreements. MN SF 3035, signed by Governor Walz on May 24, 2023, restricts employers from…more

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

See all updates »

Federal Railroad Administration Updates Civil Penalty Schedules and Guidelines

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

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

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DOJ Repeals Healthcare Policy Statements Containing Longstanding Guidance on Information Sharing

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

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

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Annual Limits on Qualified Plans for 2024

On November 1, 2023, the Internal Revenue Service (IRS) released Notice 2023-75, which sets forth the 2024 cost-of-living adjustments affecting dollar limits on benefits and contributions for qualified retirement plans. The IRS…more

401k, 403(b) Plans, 457(b) Plans, Compensation & Benefits, Contribution Limits

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Federal Circuit Decides State Sovereign Immunity Does Not Apply in IPR Proceedings

On June 14, 2019, in Regents of the University of Minnesota v. LSI Corp., the U.S. Court of Appeals for the Federal Circuit decided that state sovereign immunity does not apply to inter partes review (IPR) proceedings before the…more

Administrative Proceedings, Inter Partes Review (IPR) Proceeding, Motion to Dismiss, Patent Trial and Appeal Board, Patents

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

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

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

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Paycheck Protection Program - What Has Changed?

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

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

See all updates »

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

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

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

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Colorado Enacts New Privacy and Cybersecurity Legislation

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

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

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

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

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

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

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

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

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#MeToo Arbitration Ban – Protect Yourself With Prevention

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

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

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

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

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

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

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

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

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EEOC Proposes New Regulations For Pregnant Workers Fairness Act

In late 2022, President Biden signed legislation creating new protections for pregnant and nursing employees, which was addressed in a previous alert. The Pregnant Workers Fairness Act (PWFA), went into effect on June 27, 2023,…more

Breastfeeding, Comment Period, Employee Rights, Employees, Employer Liability Issues

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

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

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

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

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

Comment Period, Drones, FCC, NPRM, Regulatory Agenda

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

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

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

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

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

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

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USPTO Provides Interim Guidance on PTAB Discretionary Denials Under Fintiv

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

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

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

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

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

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DOJ Repeals Healthcare Policy Statements Containing Longstanding Guidance on Information Sharing

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

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

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

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

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

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Show Me the Tokens - Using Cryptographic Tokens to Activate Fans

The 2022 Australian Open will likely be remembered for the Rafael Nadal and Ash Barty match where in which Ash Barty’s dominant play enabled him to become the first Australian to win the Australian Open in over four decades. But…more

Blockchain, Digital Assets, Non-Fungible Tokens (NFTs), Popular, Spectator Sports

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

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

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

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Immediate Deadlines May Loom For Employee Retention Credit Claims

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

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

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

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

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

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

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

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

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EPA Sets First-Time Limits for Six PFAS in Drinking Water

On April 10, 2024, the U.S. Environmental Protection Agency (EPA) released its final “PFAS National Primary Drinking Water Regulation Rulemaking” (the Rule). This marks the first time the EPA has set enforceable limits for per-…more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Energy Credits Extended for Wind and Solar Facilities

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

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

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

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

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

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

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

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

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How Charities are Motivating Donors Under the New Tax Law

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

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

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Significant Changes Impacting FY2025 H-1B Lottery

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

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

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Overview of New Reporting Requirements Under the Corporate Transparency Act

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

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

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How Charities are Motivating Donors Under the New Tax Law

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

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

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

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

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

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EPA Sets First-Time Limits for Six PFAS in Drinking Water

On April 10, 2024, the U.S. Environmental Protection Agency (EPA) released its final “PFAS National Primary Drinking Water Regulation Rulemaking” (the Rule). This marks the first time the EPA has set enforceable limits for per-…more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Stateside H-1B Visa Pilot Program Launch

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

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

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Minnesota Applies Direct Procurement Tax to Captive Insurers

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

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

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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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NLRB Increases Scrutiny of Workplace Rules

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

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

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The Corporate Transparency Act Found Unconstitutional, Now What?

On Friday March 1, 2024, Judge Liles C. Burke of the U.S. District Court for the Northern District of Alabama ruled that the Corporate Transparency Act (CTA) is an unconstitutional overreach of Congress's enumerated powers in a…more

Beneficial Owner, Business Ownership, Congressional Authority, Corporate Transparency Act, Department of Justice (DOJ)

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NLRB Increases Scrutiny of Workplace Rules

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

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

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CEOs Take a Collaborative Approach to Creating More Inclusive Workplaces

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

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

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

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

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

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Minnesota Applies Direct Procurement Tax to Captive Insurers

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

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

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REMIC Relief for COVID-19 Related Modifications and Forbearance

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

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

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

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

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

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

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

Economic Development, Infrastructure, Job Creation

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

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

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

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

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

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

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Supreme Court Ruling Opens Door to Suits in States Where Companies are Registered

In its June 27, 2023, Mallory v. Norfolk Southern Railway Co. decision, the U.S. Supreme Court held that a corporate defendant can be sued in Pennsylvania — regardless of whether the cause of action accrues in Pennsylvania or is…more

Business Litigation, Cause of Action Accrual, Commerce Clause, Due Process, Foreign Corporations

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Is Your Website ADA Compliant?

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

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

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UPDATE: Arizona Stay at Home Executive Order

This is an update to an alert from April 8, 2020. On June 29, Arizona Governor Doug Ducey issued an executive order, entitled “Pausing of Arizona's Reopening — Slowing the Spread of COVID-19” partially implementing business…more

Business Closures, Coronavirus/COVID-19, Executive Orders, Non-Essential Businesses, Operators of Essential Services

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

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

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

See all updates »

FTC and DOJ Announce Final Merger Guidelines

On December 18, 2023, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) issued final merger guidelines which significantly overhaul how the agencies determine whether potential transactions violate…more

Competition, Department of Justice (DOJ), Federal Trade Commission (FTC), Merger Controls, New Regulations

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Minnesota Historic Legislative Session Comes to an End

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

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

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Paycheck Protection Program - What Has Changed?

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

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

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U.S. Supreme Court Rules that Federal Law Forbidding Workplace Discrimination Protects LGBTQ+ Workers

On June 15, 2020, the U.S. Supreme Court held in a 6-3 ruling that “an employer who fires an individual merely for being gay or transgender violates Title VII” of the Civil Rights Act of 1964. Justice Neil Gorsuch, who was…more

Altitude Express Inc v Zarda, Bostock v Clayton County Georgia, Civil Rights Act, EEOC v RG & GR Harris Funeral Homes, Employer Liability Issues

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

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

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

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

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

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

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Congress Revamps Retirement Planning with Secure 2.0

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

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

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Securities and Exchange Commission Finalizes Climate Disclosure Rules: Stinson LLP Law Firm

The Securities and Exchange Commission (SEC) has released a significantly narrowed final version of its climate disclosure rule. The approval is described in the SEC's Fact Sheet, The Enhancement and Standardization of…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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

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

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

See all updates »

New York Amends Existing Credit Card Surcharge Prohibition

On December 13, 2023, the State of New York enacted Assembly Bill No. 2672 (Act), which modifies New York’s ban on credit card surcharges. The revised law takes effect on February 11, 2024…more

Credit Card Surcharges, Credit Cards, Financial Services Industry, Merchants, New York

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You Got Your PPP Loan, Now What?

Needless to say, the last few weeks have been utterly chaotic for employers. Aside from dealing with the existential threat of a 100-year pandemic and the confusion around the Families First Coronavirus Response Act, small…more

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

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EPA Releases Risk Management Program Final Rule

On March 1, 2024, the U.S. Environmental Protection Agency (EPA) signed its final “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Safer Communities by Chemical Accident Prevention”…more

Clean Air Act, Employer Liability Issues, Environmental Policies, Environmental Protection Agency (EPA), Final Rules

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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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  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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