Stinson Leonard Street

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

  • 612.335.7222
  • 612.335.1657

Bankruptcy Auctions Present Opportunities to Acquire Energy Assets with Limited Risk

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

Business Assets, Commercial Bankruptcy, Energy, FERC

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 »

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 »

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 »

Plan Administrators Have Discretion to Round

Cash balance plans often provide a pay credit and an interest credit in determining a participant’s accrued benefit. The pay credit is often a percentage of compensation. The interest credit is established in the plan and can be…more

Benefit Plan Sponsors, ERISA, Rounding

See All Updates »

A Developing Trend: Heightened Scrutiny of Private Equity Fund Advisers

The Securities and Exchange Commission has recently increased its efforts in examining private equity fund advisers and the fees and expenses such advisers charge to portfolio companies on top of customary management fees. The…more

Hidden Fees, Investment Adviser, Limited Partnership Agreements, Management Fees, OCIE

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, Power Plants, Utilities Sector

See All Updates »

Pruitt v. Burwell Ruling Unlikely to have Major Impact on Employers in Near Term

AffOn Tuesday, September 30, federal Judge Ronald White of the Eastern District of Oklahoma ruled in Pruitt v. Burwell that the plain text of the Patient Protection and Affordable Care Act (“PPACA”) does not allow for the…more

Affordable Care Act, Halbig v Burwell, Health Insurance Exchanges, Healthcare, Individual Mandate

See All Updates »

Department Of Labor And AICPA Comment On Deficient Employee Benefit Plan Audits

At a recent American Institute of Certified Public Accountants (”AICPA”) conference, the Deputy Assistant Secretary of the Department of Labor Employee Benefits Security Administration reportedly commented that the ERISA benefit…more

AICPA, Audits, DOL, ERISA, Qualified Benefit Plans

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, 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 »

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 »

A Developing Trend: Heightened Scrutiny of Private Equity Fund Advisers

The Securities and Exchange Commission has recently increased its efforts in examining private equity fund advisers and the fees and expenses such advisers charge to portfolio companies on top of customary management fees. The…more

Hidden Fees, Investment Adviser, Limited Partnership Agreements, Management Fees, OCIE

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 »

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 »

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 »

Diagnosing the Risk: Affirmative Action Obligations for Health Care Providers

Health care providers have long lived in a world of acronyms, but in recent years, a new acronym has arisen in connection with many health care-related headlines: OFCCP. The OFCCP is the Office of Federal Contract…more

DOL, Employer Liability Issues, Federal Contractors, Healthcare, OFCCP

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, Power Plants, Utilities Sector

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 »

Energy And Environmental Law Alert: Feds Continue Aggressive Enforcement Of Emissions Limits For Power Plants

On January 4, 2013, the Wisconsin Public Service Corporation agreed to pay more than $300 million as part of a settlement reached with the EPA and the Justice Department regarding alleged violations of the Clean Air Act. The…more

Clean Air Act, Coal, DOJ, Enforcement, EPA

See All Updates »

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 »

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 »

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 »

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 »

Illegal “Wash Sales” in Futures Contracts Result in $35 Million Fine

On December 18, the U.S. District Court for the Southern District of New York entered a Consent Order against a foreign bank (the “Bank”), imposing a civil monetary penalty of $35 million and enjoining future violations by the…more

CFTC, Civil Monetary Penalty, Consent Order, Foreign Banks, Wash Sale Rules

See All Updates »

CMS Changes Sunshine Rules for CME, Revises List of Data Elements to be Reported

The Centers for Medicare & Medicaid Services (CMS) published a final rule with comment period addressing, among other issues, changes to the reporting and data collection requirements imposed upon “applicable manufacturers”…more

CMS, Continuing Medical Education, Final Rules, Medical Devices, Pharmaceutical

See All Updates »

Spoofing Back in the News — First Criminal Indictment for Spoofing; CFTC Settlement Lays Out Telltale Signs of Spoofing

Last week the government handed down its first criminal indictment for allegedly engaging in “spoofing” and the Commodity Futures Trading Commission settled with Eric Moncada for spoofing. Spoofing is a form of trading in which…more

CFTC, Commodity Futures Contracts, Criminal Prosecution, Futures, Indictments

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, Snowbird Tax, State Budgets

See All Updates »

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

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

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

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 »

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 »

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 »

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 »

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 »

Prepare Now for Minnesota Responsible Contractor Law

Contractors should prepare for Minnesota's Responsible Contractor Law, which will apply to most bid solicitations for state and local construction contracts in Minnesota issued after December 31, 2015. The law will apply to all…more

Construction Contracts, Construction Industry, Contractors, Public Projects, Subcontractors

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, IRC

See All Updates »

NASAA Unveils Online Filing System for State Form D Filings

On December 15, 2014, the North American Securities Administrators Association, Inc. (NASAA) unveiled its Electronic Filing Depository (EFD) for use in connection with state Form D filings in Rule 506 offerings. The NASAA has…more

Blue Sky Laws, Electronic Filing, Form D Filing, NASAA, Rule 506 Offerings

See All Updates »

Recent NLRB Retail Rulings Muddy the Micro-Unit Waters

At the end of July, the National Labor Relations Board (NLRB) issued two decisions under its controversial Specialty Healthcare standard, approving of one “micro unit” and disavowing another in the retail context. The NLRB’s…more

Bargaining Units, Collective Bargaining, Employee Rights, NLRA, NLRB

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 »

Health Law Alert: OIG Issues Updated Special Advisory Bulletin On The Effect Of Exclusion From Participation In Federal Health Care Programs

On May 8, 2013, the U.S. Department of Health and Human Services Office of the Inspector General (OIG) issued an updated Special Advisory Bulletin on the effect of exclusion from participating in federal health care programs…more

Civil Monetary Penalty, Healthcare, OIG, Self-Disclosure Requirements

See All Updates »

First Circuit Finds Plaintiff Waived Right to Arbitrate by Litigating for 9 Months

We haven’t had a good waiver case in a while. The First Circuit served one up last week with a flourish, teaching me multiple new words in the process (not for the first time, either). It found that a plaintiff had waived its…more

Arbitration, Arbitration Agreements, Litigation Strategies, Prejudice, Waivers

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 »

Bankruptcy Auctions Present Opportunities to Acquire Energy Assets with Limited Risk

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

Business Assets, Commercial Bankruptcy, Energy, FERC

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 »

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

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

Anti-Indemnification Statutes, Construction Contracts, Indemnity Agreements, Insure-The-Indemnity Clauses, Liability Insurance

See All Updates »

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 »

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 »

Volker Rule Compliance for Private Equity and Hedge Funds Extended

The Federal Reserve Board has acted under section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, commonly known as the Volcker Rule, to give banking entities until July 21, 2016, to conform investments in…more

Banks, Compliance, Dodd-Frank, Federal Reserve, Hedge Funds

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 »

Health & Human Services, Office of Inspector General, Proposes New Fraud and Abuse Rules

The U.S. Department of Health & Human Services, Office of Inspector General (OIG) published 79 Fed. Reg. 59717 on October 3, 2014. This proposed rule has the potential to have an impact on a broad array of financial arrangements…more

CMS, Compliance, Fraud and Abuse, Healthcare, HHS

See All Updates »

DOL Issues Final Rule on Enforcement of Contractors' Minimum Wage Executive Order

On October 1, 2014, the Department of Labor (DOL) issued its "Final Rule" on enforcement of Executive Order No.13658: Minimum Wage for Contractors, which was signed by President Obama on February 12, 2014.The Executive Order…more

Barack Obama, Construction Contracts, Construction Industry, DOL, Executive Orders

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 »

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 »

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, IRC

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 »

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 »

Minnesota's New Women's Economic Security Act Becomes Law - Employers Need To Take Note As Some Provisions Are Effective Immediately

On Mother’s Day, May 11, 2014, Governor Dayton signed Minnesota’s new Women’s Economic Security Act into law. Employers should take note of the following provisions, some of which are effective immediately..…more

Compliance, Employee Rights, Gender Discrimination, Paid Leave, Parental Leave

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 »

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

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

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

See All Updates »

Marathon Oil Seeks To Head Off New York City’s Proxy Access Proposal

As previously noted, New York City Comptroller Scott M. Stringer, on behalf of the $160 billion New York City Pension Funds, has submitted proxy access shareowner proposals to 75 companies. The proposals request a bylaw to give…more

Bylaws, Directors, Marathon Oil, Proxy Access Rule, Shareholder Proposals

See All Updates »

Court of Chancery Speaks to Exclusivity Agreements in Public Company Acquisitions

You reach the point in the sale of almost every public company where the buyer wants an exclusivity agreement. Lawyers representing the target wring their hands about the effect of an exclusivity agreement and the effect of…more

Exclusive Dealing Agreements, Publicly-Traded Companies, Target Company

See All Updates »

Federal Appeals Court Upholds New FCC Rules Revamping Rural Telephone Rate Structures and Directing Expansion of Rural Broadband Access

In a pair of opinions issued late last week, a federal appeals court in Denver affirmed in its entirety a landmark Federal Communications Commission rulemaking that expands the availability of broadband internet access in rural…more

Broadband, FCC, Rural Development, Telecommunications, Utilities Sector

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, Energy, Hazardous Substances, Oil & Gas, PHMSA

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 »

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 »

CMS Changes Sunshine Rules for CME, Revises List of Data Elements to be Reported

The Centers for Medicare & Medicaid Services (CMS) published a final rule with comment period addressing, among other issues, changes to the reporting and data collection requirements imposed upon “applicable manufacturers”…more

CMS, Continuing Medical Education, Final Rules, Medical Devices, Pharmaceutical

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 »

Diagnosing the Risk: Affirmative Action Obligations for Health Care Providers

Health care providers have long lived in a world of acronyms, but in recent years, a new acronym has arisen in connection with many health care-related headlines: OFCCP. The OFCCP is the Office of Federal Contract…more

DOL, Employer Liability Issues, Federal Contractors, Healthcare, OFCCP

See All Updates »

NERC Posts Draft Physical Security Reliability Standard: CIP-014-1

On April 10, NERC posted for industry comment CIP-014-1, a draft Physical Security standard developed in response to FERC's March 7, 2014 order directing NERC to prepare a standard addressing physical security issues facing the…more

Infrastructure, NERC, Power Grid, Utilities Sector

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 »

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 Stakes Out New Position on Return on Equity - Votes Out Major Orders Affecting Electric Utility Rate of Return Determinations

The Federal Energy Regulatory Commission today issued a series of orders that collectively represent a significant change to its policy on utility rate of return on equity and will reshape the landscape for electric transmission…more

Electricity, FERC, ISOs, Transmission Grid, Utilities Sector

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 »

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 »

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

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

Energy, FERC, Reactive Power, RTO

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 Statutes

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 »

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 »

Recent NLRB Retail Rulings Muddy the Micro-Unit Waters

At the end of July, the National Labor Relations Board (NLRB) issued two decisions under its controversial Specialty Healthcare standard, approving of one “micro unit” and disavowing another in the retail context. The NLRB’s…more

Bargaining Units, Collective Bargaining, Employee Rights, NLRA, NLRB

See All Updates »

North Dakota Orders Limits on Gas Flaring

On July 1, 2014 the North Dakota Industrial Commission (NDIC) imposed new rules that will significantly limit the flaring of natural gas at all existing and future wells. Order 24665 will allow wells completed in the…more

Bakken Shale, Fracking, Natural Gas, NDIC, Oil & Gas

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 »

Missouri Supreme Court Redefines Adequate Consideration for Enforcing Arbitration Agreements

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

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

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 »

IRS Clarifies and Expands "Beginning Construction" Tests for Production Tax Credit and Investment Tax Credit

In 2013, the Internal Revenue Service established two “beginning construction” tests – a physical work test and a 5% safe harbor test – to determine eligibility for the production tax credit (PTC) and investment tax credit (ITC)…more

Begun Construction Test, Construction Site, Energy Projects, Investment Tax Credits, IRC

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 »

Eighth Circuit Applies Subsequent New Value Defense To Payments Received From Third Party Creditor

The Eighth Circuit held that preferential payments are subject to a new value defense of § 547(c)(4) where the new value was provided by a third party that benefitted from the preferential transfers…more

Chapter 7, Commercial Bankruptcy, Debtor-Creditor, New Value Defense, Third-Party Relationships

See All Updates »

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

100+ Attorneys

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