Stinson Leonard Street

Contact
Share
Info
150 South Fifth Street
Suite 2300
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
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • D.C.
  • Minnesota
  • North Dakota
Number of Attorneys
400+ Attorneys

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 »

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

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

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

See all updates »

Preparing for the Unexpected with Product Recall Insurance

Companies often incur substantial costs implementing and responding to product recalls. A children's product recall might include any of the following costs, among others..…more

Children's Products, Children's Toys, Commercial General Liability Policies, Insurance Industry, Manufacturers

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 »

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

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

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

See all updates »

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

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

B2B Organizations, Disaster Aid, Legislative Agendas

See all updates »

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

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

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

See all updates »

Emerging Trends Newsletter - Q3

We are thrilled to bring you the third installment of Stinson Leonard Street's Emerging Trends newsletter. We are proud of the depth and breadth of experience and knowledge across our firm's 13 offices nationwide and are excited…more

Acquisitions, ADA, Auto Manufacturers, Automotive Industry, CFTC

See all updates »

Lending Risks Associated with Virtual Currencies

The use of virtual currencies, which seemed novel just three years ago, continues to increase and gain momentum with consumers and in various business channels. As this use continues to expand, lenders may increasingly encounter…more

Bitcoin, Consumer Lenders, Cyber Attacks, Cybersecurity, Digital Currency

See all updates »

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

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

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

See all updates »

SEC Charges Audit Committee Chair for Failing to Investigate Red Flags

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

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

See all updates »

Supreme Court Issues Significant Decision Interpreting Truth In Lending Act

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

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

See all updates »

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

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

Exports, Imports, Natural Gas, Shale Gas

See all updates »

More Ways to be Tagged with Withdrawal Liability

I have written a number of posts, on employers and business owners who have been held responsible for the multiemployer plan withdrawal liability of a different employer. In some cases, the liability comes from common ownership…more

Employee Benefits, Multiemployer Plan, Pensions, Summary Judgment, Withdrawal Liability

See all updates »

SEC Continues to Closely Monitor the Use of Non-GAAP Financial Measures

On May 17, 2016, the U.S. Securities and Exchange Commission (SEC) issued new Compliance and Disclosure Interpretations (C&DIs). The C&DIs provide added guidance on the use of non-GAAP financial measures in public disclosures…more

C&DIs, Financial Sector, GAAP, Investor Protection, Non-GAAP Financial Measures

See all updates »

Kansas Supreme Court Declares School Funding Formula Constitutionally Inadequate, Gives Legislature Until June 30 to Enact New Constitutional Formula

Earlier this month, the Kansas Supreme Court issued an opinion in Gannon v. Kansas holding that the state’s current system of funding public education was inadequate under the state's constitution. The Court relied primarily on…more

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

See all updates »

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

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

ADA, ATMs, Banks, Disability, Disability Discrimination

See all updates »

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

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

Electricity, Energy Sector, Power Plants, Utilities Sector

See all updates »

Trends, Pitfalls and Opportunities in Celebrity Philanthropy

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

Athletes, Celebrities, Celebrity Endorsements, Philanthropy, Private Foundations

See all updates »

SEC Finalizes Regulation Crowdfunding — Capital Raising and Investment Limitations

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

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

See all updates »

FERC Rules that Previous Sale of Renewable Energy Credits Does Not Limit Right to Sell Power Under PURPA

May a qualifying facility (QF) under the Public Utility Regulatory Policies Act (PURPA) insist that a public utility purchase its energy even if, contrary to state law, the QF has previously sold its renewable energy credits…more

Energy Sector, FERC, Power Infrastructure, PURPA, Renewable Energy

See all updates »

Back to Basics – Costly Consequences of Ignoring Process in Benefits Administration

The stories of an employer and a long-term disability insurer and claims fiduciary for an ERISA plan, defendants in two recent cases, ring so true. In the first case, the insurer was designated as claims fiduciary for an…more

Breach of Duty, De Novo Standard of Review, Death Benefits, Denial of Benefits, Disability Benefits

See all updates »

Embezzlement of 401(k) Deferrals by COO of Architecture Firm is (Doubly) Costly

On March 22, 2017, the U.S. Court of Appeals for the Second Circuit ruled against Christine Bodouva that her restoration of funds to her Company’s 401(k) Plan should be offset against the District Court’s order for forfeiture in…more

401k, Appeals, Criminal Prosecution, Disgorgement, Embezzlement

See all updates »

Bankruptcy Auctions Present Opportunities to Acquire Energy Assets with Limited Risk

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

Business Assets, Commercial Bankruptcy, Energy Sector, FERC

See all updates »

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

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

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

See all updates »

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, CFPB, Comment Period, FDIC, FinTech

See all updates »

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

See all updates »

The 2017 Minnesota Legislature: What to Expect

The November general election obviously represents a sea change in how business will be conducted at the Minnesota state capitol when legislators return to work on January 3, 2017. House Republicans will enjoy a comfortable…more

Affordable Care Act, Budget Surplus, Business Taxes, Child Care, Elder Care

See all updates »

The 2017 Minnesota Legislature: What to Expect

The November general election obviously represents a sea change in how business will be conducted at the Minnesota state capitol when legislators return to work on January 3, 2017. House Republicans will enjoy a comfortable…more

Affordable Care Act, Budget Surplus, Business Taxes, Child Care, Elder Care

See all updates »

SEC Proposes Significant Reporting Requirement Amendments to Form ADV

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

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

See all updates »

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

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

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

See all updates »

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

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

Acquisitions, Antitrust Provisions, DOJ, FTC, Hart-Scott-Rodino Act

See all updates »

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

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

Barack Obama, Broadband, FCC, Wireless Industry

See all updates »

IRS Annual Limits on Qualified Plans for 2017

IRS Annual Limits on Qualified Plans for 2017 On October 27, 2016, the Internal Revenue Service released the 2017 cost of living adjustments affecting dollar limits on benefits and contributions under qualified retirement plans…more

401k, 403(b) Plans, 457(b) Plans, Contribution Limits, Cost-of-Living Adjustment (COLA)

See all updates »

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

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

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

See all updates »

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

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

Exports, Imports, Natural Gas, Shale Gas

See all updates »

President Trump Officially Ends Fair Pay and Safe Workplaces Executive Order

On March 27, President Trump signed a bill formally rolling back the Fair Pay & Safe Workplaces Executive Order signed by President Obama in July 2014 that was to apply to certain government contractors and subcontractors. The…more

Blacklist, Disclosure Requirements, Executive Orders, Fair Pay and Safe Workplaces, Federal Contractors

See all updates »

Pay Versus Performance Rules Proposed by Securities and Exchange Commission

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

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

See all updates »

Weathering the Freeze: The CPSC's Response to the White House's New Regulatory Restrictions

We have heard much over the last few weeks about the new executive orders issued by the White House at the outset of the Trump Administration. One order that is not garnering as much attention as others, but could have a…more

Children's Products, Consumer Product Safety Commission (CPSC), Executive Orders, Federal Register, OFR

See all updates »

Children's Privacy Online: The Interplay Between Mobile Applications and the Children's Online Privacy Protection Act

The activities of children on the internet, whether via computers, smart phones, or tablets, have grown exponentially in recent history. As internet access for children increased, parents began losing control of the amount and…more

COPPA, Data Collection, FTC, Geolocation, Internet

See all updates »

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

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

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

See all updates »

FERC Proposes to Pierce the Corporate Veil and Impose $216 Million in Fines in Alleged Natural Gas Market Manipulation Scheme

On April 28, 2016, FERC issued an order directing Total Gas & Power North America, Inc. (Total Gas), two of its traders, its ultimate corporate parent, Total S.A. (Total) and an affiliate Total Gas & Power, LTD (TGPL) to show…more

CFTC, Energy Market, Energy Sector, FERC, Fines

See all updates »

State Renewable Energy Standards Pass First Big Constitutional Test

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

Electricity, Interstate Commerce, Renewable Energy

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, CFPB, Class Action

See all updates »

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

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

ADA, ATMs, Banks, Disability, Disability Discrimination

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

Business As Usual: Supreme Court Upholds ACA Subsidies

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

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

See all updates »

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

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

Bonds, Contractors, Payment Bonds, Statutory Interpretation, Subcontractors

See all updates »

Immigration Related Action Items for Employers

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

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

See all updates »

CFTC Extends Exemptions of RTO Energy Products to Bar Private Rights of Action

The CFTC quelled a controversy that had emerged regarding its proposed exemption of certain specified energy products transacted in Regional Transmission Organizations (RTO) by doing a “180” on its proposals that otherwise would…more

CFTC, Commodities Exchange Act, Energy Market, Energy Sector, FERC

See all updates »

FDA Attempts to Clarify Enforcement Position Regarding Evolving Health Technology

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

Distributors, FDA, Healthcare, Manufacturers, Medical Device Accessories

See all updates »

The 2017 Minnesota Legislature: What to Expect

The November general election obviously represents a sea change in how business will be conducted at the Minnesota state capitol when legislators return to work on January 3, 2017. House Republicans will enjoy a comfortable…more

Affordable Care Act, Budget Surplus, Business Taxes, Child Care, Elder Care

See all updates »

CFTC Taking Action on Inaccurate Reporting

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

CFTC, Enforcement Actions, False Reporting, Reporting Requirements

See all updates »

The Department of Labor's New Overtime Rule - Effective December 1. Are You Ready?

The new Department of Labor (DOL) Fair Labor Standards Act (FLSA) rule takes effect in less than a month—on December 1, 2016. Review our prior alert with a summary of the final rule. The most significant change is that in order…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

See all updates »

New Safe Harbor Requirement to Maintain Immunity from Copyright Infringement

Online Service Providers Re-File Your DMCA Agent Designations to Prevent Expiration - If your company has a website that allows third parties to post any kind of content (text, pictures or video), then it may be liable…more

Copyright, Copyright Infringement, Copyright Office, Digital Media, DMCA

See all updates »

Back to Basics – Costly Consequences of Ignoring Process in Benefits Administration

The stories of an employer and a long-term disability insurer and claims fiduciary for an ERISA plan, defendants in two recent cases, ring so true. In the first case, the insurer was designated as claims fiduciary for an…more

Breach of Duty, De Novo Standard of Review, Death Benefits, Denial of Benefits, Disability Benefits

See all updates »

IRS Proposes Rules That Would Dramatically Reduce Valuation Discounts in Family Business Succession Planning

Business Owners May Have Little Time to Act Before Rules Are Finalized - The valuation of a family member's interest in a family business has a major impact on the success or failure of a transfer of such interest to other…more

Business Succession, Business Valuations, Closely Held Businesses, Estate Planning, Estate Tax

See all updates »

Emerging Trends Newsletter - Q4

The Volcker Rule Under the Trump Administration - The so-called Volcker Rule—named after Paul Volcker, a former chairman of the Federal Reserve Board—was part of the Dodd-Frank Wall Street Reform and Consumer Protection Act…more

ADA, Advertising, Airspace, American Bankers Association, Annuities

See all updates »

Estate Planning Insight: Governor Dayton Proposes New Minnesota Snowbird Tax

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

Domicile, Income Taxes, Residency Requirements, State Budgets

See all updates »

Tribe's Indemnification of Employee Does Not Confer Sovereign Immunity

On April 25, 2017, the U.S. Supreme Court issued a much anticipated ruling, which may impact the ability of Tribes to rely on sovereign immunity in certain types of tort claims alleged against their employees…more

Car Accident, Casino Employee, Indian Gaming, Lewis v Clarke, Native American Issues

See all updates »

DOE Issues Proposed Grid Security Emergency Order Procedures in Accordance with FAST Act

On December 7, 2016, the Department of Energy (DOE) issued proposed procedures that would govern emergency orders issued by the Secretary of DOE, following the president’s declaration of a Grid Security Emergency. These…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Department of Energy, Electricity

See all updates »

Minnesota Public Benefit Corporation Act

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

Choice of Entity, Public Benefit Corporation

See all updates »

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, CFPB, Comment Period, FDIC, FinTech

See all updates »

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

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

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

See all updates »

Emerging Trends Newsletter - Q4

The Volcker Rule Under the Trump Administration - The so-called Volcker Rule—named after Paul Volcker, a former chairman of the Federal Reserve Board—was part of the Dodd-Frank Wall Street Reform and Consumer Protection Act…more

ADA, Advertising, Airspace, American Bankers Association, Annuities

See all updates »

Emerging Trends Newsletter - Q4

The Volcker Rule Under the Trump Administration - The so-called Volcker Rule—named after Paul Volcker, a former chairman of the Federal Reserve Board—was part of the Dodd-Frank Wall Street Reform and Consumer Protection Act…more

ADA, Advertising, Airspace, American Bankers Association, Annuities

See all updates »

EEOC Issues Final Rules Under ADA and GINA on Wellness Programs

The U.S. Equal Employment Opportunity Commission issued two final rules May 16, 2016 that guide employers on the manner with which their wellness programs that ask health-related questions and/or require participants to undergo…more

ADA, Affordable Care Act, EEOC, Employee Benefits, Employer Group Health Plans

See all updates »

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

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

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

See all updates »

IRS Announces 2015 Benefit Plan Limits

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

COLA, Employee Benefits, IRS, Retirement Plan

See all updates »

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, DOJ, FTC

See all updates »

Kansas Supreme Court Sets Deadline for Addressing School Funding Formula

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

KS Supreme Court, Public Schools, State Funding

See all updates »

CFPB Too Powerful: Federal Court Finds the Agency's Structure is Unconstitutional

Ever since the establishment of the Consumer Financial Protection Bureau (CFPB) in 2011, it has become what some argue is the most powerful federal agency in history. The Dodd-Frank Act not only established the CFPB, but…more

Administrative Proceedings, Article II, Banking Sector, CFPB, Constitutional Challenges

See all updates »

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

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

Acquisitions, Antitrust Provisions, DOJ, FTC, Hart-Scott-Rodino Act

See all updates »

Missouri's Ban on Banks Contributing to Ballot Measures, PACs Found Unconstitutional

The U.S. District Court for the Western District of Missouri struck down as unconstitutional and permanently enjoined enforcement of a new Missouri campaign finance law. Under the provisions of the law, banks were prohibited…more

Banking Sector, Campaign Contributions, Campaign Finance Reform, PACs, Political Campaigns

See all updates »

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

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

Borrowers, Contracts Clause, Fannie Mae, Foreclosure, HAMP

See all updates »

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

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

Equity Plans, ISS, Proxy Season, Proxy Voting Guidelines

See all updates »

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

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

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

See all updates »

Critical Amendments to Minnesota's Prompt Payment and Retainage Laws

The Minnesota legislature recently passed a bill significantly amending Minnesota's prompt payment statute. The revised statute specifically authorizes contractors and subcontractors of any tier to stop work if they are not paid…more

Construction Contracts, Construction Industry, Construction Project, Contractors, New Amendments

See all updates »

Children's Privacy Online: The Interplay Between Mobile Applications and the Children's Online Privacy Protection Act

The activities of children on the internet, whether via computers, smart phones, or tablets, have grown exponentially in recent history. As internet access for children increased, parents began losing control of the amount and…more

COPPA, Data Collection, FTC, Geolocation, Internet

See all updates »

Philadelphia Bans Salary History Inquiries, Signaling a Growing Trend

This month, Philadelphia became the first city in the nation to ban employers from asking job applicants about their salary history. The new ordinance, which was unanimously passed by the Philadelphia City Council, makes it…more

Employer Liability Issues, Equal Pay, Equal Pay Act, Gender-Based Pay Discrimination, Hiring & Firing

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

NJ Supreme Court Clarifies Standard for Member Expulsion under LLC Act

One of the features of the Revised Uniform Limited Liability Company Act (RULLCA) that has been adopted in Minnesota and many other states is that it allows for an LLC to expel a member by judicial order under certain…more

Limited Liability Company (LLC), Members, NJ Supreme Court, Operating Agreements, Reversal

See all updates »

CFPB Proposal to Allow More Class Action Lawsuits Against Banks

The Consumer Financial Protection Bureau (CFPB) released a proposed rule Thursday that would significantly increase consumers' ability to sue banks and other financial service providers. The proposal, which has been highly…more

Arbitration, Arbitration Agreements, Banking Sector, CFPB, Class Action

See all updates »

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

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

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

See all updates »

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

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

CFPB

See all updates »

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, DOJ, FTC

See all updates »

FDA: The Powdered Gloves Come Off

In a rare move, the Food and Drug Administration (FDA) announced on Friday that it is banning the following devices after determining that they present an unreasonable and substantial risk of illness or injury that cannot be…more

FDA, FDA Device Bans, Healthcare, Labeling, Medical Supplies

See all updates »

Federal Circuit Broadens Eligibility Requirements for Software Inventions

Enfish, LLC v. Microsoft Clarifies Which Patents are Not Direct to "Abstract Ideas" - Last week, in Enfish, LLC v. Microsoft Corp., 2016 WL 2756255 (Fed.Cir. 2016), a panel of the U.S. Court of Appeals of the federal…more

Abstract Ideas, CLS Bank v Alice Corp, Computer-Related Inventions, Microsoft, Patent-Eligible Subject Matter

See all updates »

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

See all updates »

The 2017 Minnesota Legislature: What to Expect

The November general election obviously represents a sea change in how business will be conducted at the Minnesota state capitol when legislators return to work on January 3, 2017. House Republicans will enjoy a comfortable…more

Affordable Care Act, Budget Surplus, Business Taxes, Child Care, Elder Care

See all updates »

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

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

FERC, Interconnections, Rulemaking Process, Safe Harbors, Waivers

See all updates »

21st Century Cures Act Includes Several Noteworthy Mental Health and Substance Use Provisions

The 21st Century Cures Act (Act), enacted in December 2016, has received widespread coverage for funding biomedical research and streamlining the drug approval process. The Act also includes the Helping Families in Mental Health…more

21st Century Cures Act, Grants, Healthcare, HHS, HIPAA

See all updates »

SCOTUS Reverses KY Nursing Home Arbitration Decision; Refuses To Prioritize Right To Jury Trial

Just as I predicted, SCOTUS reversed the Kentucky Supreme Court’s decision in Kindred this morning. The interesting piece, though, is that the seven member majority went out of its way to cut off some of the “on trend” methods…more

Arbitration, Arbitration Agreements, Federal Arbitration Act, Jury Trial, Kindred Nursing Centers v Clark

See all updates »

Minnesota Passes Gift Tax Repeal And Estate Tax Revisions

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

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

See all updates »

SEC and North American Securities Administrators Association Sign Information-Sharing Agreement

On February 17, 2017, the Securities and Exchange Commission (SEC) and the North America Securities Administrators Association (NASAA) entered into an information-sharing agreement in connection with intrastate crowdfunding and…more

Capital Raising, Crowdfunding, Information Sharing, NASAA, Offerings

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

See all updates »

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

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

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

See all updates »

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

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

Construction Contracts, Contractors, Estoppel, Factoring, Financing

See all updates »

EPA's Clean Energy Incentive Program

Expansion of Eligible Low Income Community Projects to Include Solar Projects - The Environmental Protection Agency's Clean Energy Incentive Program (CEIP) allows participants to earn tradeable emissions credits for…more

Clean Energy, Clean Power Plan, Energy Efficiency, Energy Projects, Energy Sector

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

Architects, Contractors, Disclosure Requirements, School Districts, Subcontractors

See all updates »

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

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

Banking Sector, Community Banks, FinTech, Industry Consolidation

See all updates »

Legal Project Management, The Greatest Thing Since Sliced Bread?

We have all heard the expression the "greatest thing since sliced bread." It is believed that this phrase was first used by Wonder Bread® in 1930 to hype its new product of pre-wrapped, pre-sliced bread. We use it now in…more

Alternative Fee Arrangements, Client Services, Legal Fees, Legal Project Management, Litigation Strategies

See all updates »

Construction Alert: Minnesota Supreme Court Decides Best Value Bid Protest

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

Bad Faith, Competitive Bidding, Construction Industry, Public Contracts

See all updates »

SEC's Filing Fees Increase 15 Percent Effective October 1, 2016

On August 31, 2016, the Securities and Exchange Commission (SEC) announced that in fiscal year 2017, the fees that public companies and other issuers pay to register their securities with the SEC will be increased from $100.70…more

Corporate Issuers, Filing Fees, Financial Markets, Publicly-Traded Companies, Registration

See all updates »

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

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

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

See all updates »

FDIC Releases Final Rule on Deposit Account Recordkeeping

On November 15, 2016, the Federal Deposit Insurance Corporation (FDIC) released its final rule regarding deposit account recordkeeping (Final Rule) to help insure prompt access to funds in the event of a bank failure,…more

Banking Sector, Deposit Accounts, FDIC, Final Rules, Financial Institutions

See all updates »

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

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

Banking Sector, Community Banks, FinTech, Industry Consolidation

See all updates »

SEC Warns on Outsourced Chief Compliance Officers

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

Chief Compliance Officers, Investment Management, OCIE, Outsourcing, SEC

See all updates »

Bill Introduced To Delay Effective Date of DOL Fiduciary Rule

On January 6, 2017 Rep. Joe Wilson introduced a house bill that would delay for two years the effective date of the DOL Fiduciary Rule set to take effect on April 1, 2017. http://src.bna.com/ldB. This legislation follows…more

DOL, Employee Benefits, ERISA, Fiduciary Duty, Fiduciary Rule

See all updates »

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

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

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

See all updates »

Emerging Trends in Tax Credit Finance: Expansion of Renewable, Development, Housing Programs

On December 18, 2015, the landscape improved for individuals and businesses looking to invest in affordable housing, economic development and renewable energy projects. Congress passed and the President signed into law the…more

Affordable Housing, Construction Industry, Economic Development, Energy Sector, LIHTC

See all updates »

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

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

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

See all updates »

FDA: The Powdered Gloves Come Off

In a rare move, the Food and Drug Administration (FDA) announced on Friday that it is banning the following devices after determining that they present an unreasonable and substantial risk of illness or injury that cannot be…more

FDA, FDA Device Bans, Healthcare, Labeling, Medical Supplies

See all updates »

Controversial Fair Pay and Safe Workplaces Rule Partially Blocked

On October 24, 2016, a federal judge enjoined the U.S. government from enforcing certain provisions of the controversial Fair Pay and Safe Workplaces rule. The decision was handed down from Judge Marcia Crone in the U.S…more

Arbitration, Arbitration Agreements, Blacklist, Construction Industry, Disclosure Requirements

See all updates »

Labor, Employment And Employee Benefits Executive Briefing - April 2014

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

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

See all updates »

State Regulators Seek to Reduce Regulatory Burden for Money Services Businesses

A new Money Services Business (MSB) Call Report was released on April 18, 2017 and is the next step for state regulators towards standardization of MSB regulation, including regulation of certain FinTech companies. The…more

Banking Sector, Check Cashing, Financial Institutions, Financial Services Industry, Fintech Charter

See all updates »

Is Your Website ADA Compliant?

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

ADA, Disability Discrimination, DOJ, Public Accommodation, Title III

See all updates »

Energy Alert: Minnesota Legislature Creates New Solar Energy Mandate

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

See all updates »

Energy Alert: Minnesota Legislature Creates New Solar Energy Mandate

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

See all updates »

SEC Approves New Rules Enabling Financial Advisors to Defend Vulnerable Clients from Exploitation

Financial exploitation of aging and mentally diminished investors by family members and third parties is on the rise. With America's senior population growing rapidly, this problem may only get worse. More than half of all…more

Broker-Dealer, Elder Abuse, Exploitation, Financial Adviser, Financial Sector

See all updates »

Contactors Beware: New Supreme Court Decision on False Claims Act

The Supreme Court recently issued a decision in Universal Health Services v. United States ex rel. Escobar, and construction contractors should take note in order to better understand the broad reach of liability and hefty…more

False Claims Act (FCA), False Implied Certification Theory, Federal Contractors, Healthcare Fraud, Implied Certification

See all updates »

Supreme Court Decision Eliminates Defense to Claim of Inducing Infringement

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

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

See all updates »

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

See all updates »

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, CFPB, Comment Period, FDIC, FinTech

See all updates »

Emerging Trends Newsletter - Q4

The Volcker Rule Under the Trump Administration - The so-called Volcker Rule—named after Paul Volcker, a former chairman of the Federal Reserve Board—was part of the Dodd-Frank Wall Street Reform and Consumer Protection Act…more

ADA, Advertising, Airspace, American Bankers Association, Annuities

See all updates »

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

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

Acquisitions, Antitrust Provisions, DOJ, FTC, Hart-Scott-Rodino Act

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

Kansas Supreme Court Declares School Funding Formula Constitutionally Inadequate, Gives Legislature Until June 30 to Enact New Constitutional Formula

Earlier this month, the Kansas Supreme Court issued an opinion in Gannon v. Kansas holding that the state’s current system of funding public education was inadequate under the state's constitution. The Court relied primarily on…more

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

See all updates »

Missouri's Ban on Banks Contributing to Ballot Measures, PACs Found Unconstitutional

The U.S. District Court for the Western District of Missouri struck down as unconstitutional and permanently enjoined enforcement of a new Missouri campaign finance law. Under the provisions of the law, banks were prohibited…more

Banking Sector, Campaign Contributions, Campaign Finance Reform, PACs, Political Campaigns

See all updates »

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

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

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

See all updates »

CMS Proposes Six-Month Delay for New Medicare and Medicaid Conditions of Participation for Home Health Agencies

The Centers for Medicare & Medicaid Services (CMS) recently proposed a six-month delay for home health agencies (HHAs) to implement the revised conditions of participation (CoPs) that HHAs must satisfy to participate in the…more

CMS, Conditions of Participation (CoP), Home Health Agencies, Home Health Care, Medicaid

See all updates »

Tribe's Indemnification of Employee Does Not Confer Sovereign Immunity

On April 25, 2017, the U.S. Supreme Court issued a much anticipated ruling, which may impact the ability of Tribes to rely on sovereign immunity in certain types of tort claims alleged against their employees…more

Car Accident, Casino Employee, Indian Gaming, Lewis v Clarke, Native American Issues

See all updates »

CMS Proposes Six-Month Delay for New Medicare and Medicaid Conditions of Participation for Home Health Agencies

The Centers for Medicare & Medicaid Services (CMS) recently proposed a six-month delay for home health agencies (HHAs) to implement the revised conditions of participation (CoPs) that HHAs must satisfy to participate in the…more

CMS, Conditions of Participation (CoP), Home Health Agencies, Home Health Care, Medicaid

See all updates »

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

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

Borrowers, Contracts Clause, Fannie Mae, Foreclosure, HAMP

See all updates »

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

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

Bribery, Bruker, China, Enforcement Actions, FCPA

See all updates »

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, DOJ, FTC

See all updates »

Big Changes Coming with New OSHA Rule on Electronic Reporting of Workplace Injuries

Effective January 1, 2017, the Occupational Safety and Health Administration (OSHA) will begin enforcing its new rule on electronic reporting of workplace injuries and illnesses. Although the final rule was issued on May 12,…more

Disciplinary Proceedings, Drug Testing, Electronic Filing, Employer Liability Issues, Incentives

See all updates »

Big Changes Coming with New OSHA Rule on Electronic Reporting of Workplace Injuries

Effective January 1, 2017, the Occupational Safety and Health Administration (OSHA) will begin enforcing its new rule on electronic reporting of workplace injuries and illnesses. Although the final rule was issued on May 12,…more

Disciplinary Proceedings, Drug Testing, Electronic Filing, Employer Liability Issues, Incentives

See all updates »

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

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

Banking Sector, Community Banks, FinTech, Industry Consolidation

See all updates »

Philadelphia Bans Salary History Inquiries, Signaling a Growing Trend

This month, Philadelphia became the first city in the nation to ban employers from asking job applicants about their salary history. The new ordinance, which was unanimously passed by the Philadelphia City Council, makes it…more

Employer Liability Issues, Equal Pay, Equal Pay Act, Gender-Based Pay Discrimination, Hiring & Firing

See all updates »

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

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

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

See all updates »

Multiple Departments Issue Guidance on Wellness Programs

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

ADA, CMS, Compliance, Corporate Counsel, DOL

See all updates »

Trends, Pitfalls and Opportunities in Celebrity Philanthropy

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

Athletes, Celebrities, Celebrity Endorsements, Philanthropy, Private Foundations

See all updates »

SEC Targets Lapses in Ownership Reporting in Battles for Corporate Control

The SEC has recently announced settlement of enforcement actions targeting violations of beneficial reporting requirements under Section 13(d) of the Act. In one of the most recent actions (available here), the SEC’s…more

Beneficial Owner, Common Stock, Disclosure Requirements, Enforcement Actions, Proxy Statements

See all updates »

Emerging Trends Newsletter - Q3

We are thrilled to bring you the third installment of Stinson Leonard Street's Emerging Trends newsletter. We are proud of the depth and breadth of experience and knowledge across our firm's 13 offices nationwide and are excited…more

Acquisitions, ADA, Auto Manufacturers, Automotive Industry, CFTC

See all updates »

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

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

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

See all updates »

CFTC Revises Whistleblower Rule to Enhance Anti-Retaliation Protection

The CFTC has adopted final amendments to its whistleblower rules that will, among other things, strengthen the CFTC’s anti-retaliation protections for whistleblowers and enhance the process for reviewing whistleblower claims…more

Anti-Retaliation Provisions, CFTC, Commodities, Commodities Exchange Act, Employer Liability Issues

See all updates »

FDIC Provides Corporate Governance Guidance to Community Banks

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

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

See all updates »

Emerging Trends Newsletter - Q4

The Volcker Rule Under the Trump Administration - The so-called Volcker Rule—named after Paul Volcker, a former chairman of the Federal Reserve Board—was part of the Dodd-Frank Wall Street Reform and Consumer Protection Act…more

ADA, Advertising, Airspace, American Bankers Association, Annuities

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

The 2017 Minnesota Legislature: What to Expect

The November general election obviously represents a sea change in how business will be conducted at the Minnesota state capitol when legislators return to work on January 3, 2017. House Republicans will enjoy a comfortable…more

Affordable Care Act, Budget Surplus, Business Taxes, Child Care, Elder Care

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

Minnesota Public Benefit Corporation Act

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

Choice of Entity, Public Benefit Corporation

See all updates »

SEC Approves New Rules Enabling Financial Advisors to Defend Vulnerable Clients from Exploitation

Financial exploitation of aging and mentally diminished investors by family members and third parties is on the rise. With America's senior population growing rapidly, this problem may only get worse. More than half of all…more

Broker-Dealer, Elder Abuse, Exploitation, Financial Adviser, Financial Sector

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

State Regulators Seek to Reduce Regulatory Burden for Money Services Businesses

A new Money Services Business (MSB) Call Report was released on April 18, 2017 and is the next step for state regulators towards standardization of MSB regulation, including regulation of certain FinTech companies. The…more

Banking Sector, Check Cashing, Financial Institutions, Financial Services Industry, Fintech Charter

See all updates »

FDA: The Powdered Gloves Come Off

In a rare move, the Food and Drug Administration (FDA) announced on Friday that it is banning the following devices after determining that they present an unreasonable and substantial risk of illness or injury that cannot be…more

FDA, FDA Device Bans, Healthcare, Labeling, Medical Supplies

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

President Trump Officially Ends Fair Pay and Safe Workplaces Executive Order

On March 27, President Trump signed a bill formally rolling back the Fair Pay & Safe Workplaces Executive Order signed by President Obama in July 2014 that was to apply to certain government contractors and subcontractors. The…more

Blacklist, Disclosure Requirements, Executive Orders, Fair Pay and Safe Workplaces, Federal Contractors

See all updates »

The Road to Recall: Evaluating Defects for Substantial Product Hazard

The U.S. Consumer Product Safety Commission (CPSC or the Commission) is the regulatory agency responsible for protecting the public from unreasonable risks of injury and death associated with consumer products. Pursuant to the…more

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

See all updates »

Critical Amendments to Minnesota's Prompt Payment and Retainage Laws

The Minnesota legislature recently passed a bill significantly amending Minnesota's prompt payment statute. The revised statute specifically authorizes contractors and subcontractors of any tier to stop work if they are not paid…more

Construction Contracts, Construction Industry, Construction Project, Contractors, New Amendments

See all updates »

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

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

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

See all updates »

DOE Issues Proposed Grid Security Emergency Order Procedures in Accordance with FAST Act

On December 7, 2016, the Department of Energy (DOE) issued proposed procedures that would govern emergency orders issued by the Secretary of DOE, following the president’s declaration of a Grid Security Emergency. These…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Department of Energy, Electricity

See all updates »

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

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

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

See all updates »

Trends, Pitfalls and Opportunities in Celebrity Philanthropy

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

Athletes, Celebrities, Celebrity Endorsements, Philanthropy, Private Foundations

See all updates »

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

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

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

See all updates »

FERC Eases Electric Storage and Distributed Energy Resource Aggregators Participation in Wholesale Markets

Late last week, the Federal Energy Regulatory Commission (FERC) released a proposed rule that, if adopted, would facilitate greater participation by electric storage resources (including batteries, flywheels, pumped-hydro, etc.)…more

Comment Period, Energy Sector, Energy Storage, ISO/RTO, Proposed Rules

See all updates »

Crib Bumpers: The Current Regulatory Picture

When it comes to a baby's room, many parents find that matching is a must. One type of "matching" item that many consumers purchase is a pad that lines the interior of a crib, known as a crib bumper. Indeed, crib bumpers are…more

ASTM, Baby Products, Children's Products, Consumer Product Safety Commission (CPSC), Manufacturers

See all updates »

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

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

Corporate Counsel, Eminent Domain, Popular, Property Owners, Real Estate Development

See all updates »

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

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

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

See all updates »

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, DOJ, FTC

See all updates »

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

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

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

See all updates »

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

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

Audits, Civil Monetary Penalty, Compliance, FERC, NERC

See all updates »

IRS Proposes Rules That Would Dramatically Reduce Valuation Discounts in Family Business Succession Planning

Business Owners May Have Little Time to Act Before Rules Are Finalized - The valuation of a family member's interest in a family business has a major impact on the success or failure of a transfer of such interest to other…more

Business Succession, Business Valuations, Closely Held Businesses, Estate Planning, Estate Tax

See all updates »

FERC Eases Electric Storage and Distributed Energy Resource Aggregators Participation in Wholesale Markets

Late last week, the Federal Energy Regulatory Commission (FERC) released a proposed rule that, if adopted, would facilitate greater participation by electric storage resources (including batteries, flywheels, pumped-hydro, etc.)…more

Comment Period, Energy Sector, Energy Storage, ISO/RTO, Proposed Rules

See all updates »

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

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

Corporate Counsel, Eminent Domain, Popular, Property Owners, Real Estate Development

See all updates »

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

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

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

See all updates »

Kansas Supreme Court Sets Deadline for Addressing School Funding Formula

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

KS Supreme Court, Public Schools, State Funding

See all updates »

New Final EPA Methane Emission Standards for the Oil and Gas Standard are Stricter Than Proposed

The Obama administration today issued its highly anticipated limits on methane emissions from oil and gas wells that are even tougher than those it proposed last year. It is estimated that the costs to comply will be at least 25…more

Climate Action Plan, Energy Sector, EPA, Fracking, Greenhouse Gas Emissions

See all updates »

The Fluid State of Delaware Fee-Shifting Bylaws

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

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

See all updates »

Emerging Trends Newsletter - Q4

The Volcker Rule Under the Trump Administration - The so-called Volcker Rule—named after Paul Volcker, a former chairman of the Federal Reserve Board—was part of the Dodd-Frank Wall Street Reform and Consumer Protection Act…more

ADA, Advertising, Airspace, American Bankers Association, Annuities

See all updates »

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

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

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

See all updates »

Emerging Trends Newsletter - Q3

We are thrilled to bring you the third installment of Stinson Leonard Street's Emerging Trends newsletter. We are proud of the depth and breadth of experience and knowledge across our firm's 13 offices nationwide and are excited…more

Acquisitions, ADA, Auto Manufacturers, Automotive Industry, CFTC

See all updates »

Privacy Safeguards for Unmanned Aircraft Systems Operations

Will the FAA be ordered to draft privacy regulations? Under the FAA Modernization and Reform Act of 2012, the Federal Aviation Administration was tasked with integrating unmanned aircraft systems (UAS) into the National…more

Airspace, Drones, Federal Aviation Administration (FAA), Privacy Concerns, Unmanned Aircraft Systems

See all updates »

Tribe's Indemnification of Employee Does Not Confer Sovereign Immunity

On April 25, 2017, the U.S. Supreme Court issued a much anticipated ruling, which may impact the ability of Tribes to rely on sovereign immunity in certain types of tort claims alleged against their employees…more

Car Accident, Casino Employee, Indian Gaming, Lewis v Clarke, Native American Issues

See all updates »

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

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

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

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, CFPB, Class Action

See all updates »

Minnesota Enacts Market Conduct Examination Reforms

In response to substantial industry frustration with the examinations and investigations conducted by the Minnesota Department of Commerce, the 2017 session of the Minnesota Legislature just enacted several significant reforms…more

Industry Examinations, Insurance Industry, New Legislation,