Stinson LLP

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

Auto Service Advisors are Exempt Under the FLSA

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

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

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Bankruptcy Auctions Present Opportunities to Acquire Energy Assets with Limited Risk

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

Business Assets, Commercial Bankruptcy, Energy Sector, FERC

See all updates »

SEC Proposes New ESG Disclosures and Naming Rules for Investment Advisers and Funds

On May 25, 2022, the Securities and Exchange Commission (SEC) approved proposals to the “Names Rule” (Rule 35d-1) under the Investment Company Act of 1940 (1940 Act), hereinafter referred to as Proposal One, and to the rules and…more

Capital Investments, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Greenwashing

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

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

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

See all updates »

A Dollar and a Dream: Student-Athlete Compensation in the Aftermath of U.S. Supreme Court's Alston Decision

Since 2009, the National Collegiate Athletic Association (NCAA) has faced numerous lawsuits from student-athletes alleging that it unlawfully restrained trade by rules on compensating student-athletes…more

Alston v NCAA, College Athletes, Compensation, eSports, Name and Likeness

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

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

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

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Music Licensing in the Age of TikTok

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

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

See all updates »

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

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

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

See all updates »

Justices Clarify Scope of Anti-Hacking Law

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

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

See all updates »

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

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

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

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Supreme Court Rejects EPA's Power on Climate Change Regulations

The U.S. Supreme Court rejected the U.S. Environmental Protection Agency’s (EPA) ability to regulate greenhouse gas emissions based on shifting from existing generation sources under Section 111(d) of the Clean Air Act (CAA). In…more

Air Pollution, Clean Air Act, Clean Power Plan, Climate Change, Discharge of Pollutants

See all updates »

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

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

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

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HVCRE Relief for Lenders

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

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

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A Victory for DFS and the "Predominate Factor Test"

On April 16, 2020, the Illinois Supreme Court officially adopted the "predominate factor test" and ruled in Dew-Becker v. Wu (2020 IL 124472) that daily fantasy sports (DFS) are, in fact, games of skill, and therefore…more

Damages, eSports, FanDuel, Fantasy Sports, Gambling

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

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

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

See all updates »

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

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

Exports, Imports, Natural Gas, Shale Gas

See all updates »

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

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

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

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Minnesota-Regulatory-Filing-Deadline-Relief

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

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

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Material Cost Escalation: Who Bears the Cost Now? And, What Can Be Done to Address the Problem in the Future?

While an increase in construction costs for materials is not new to the industry, the extent of the cost increases during this COVID-19 time may be beyond anyone's experience. Prior to COVID-19, material costs have spiked for…more

Building Standards, Construction Contracts, Construction Project, Contract Terms, Force Majeure Clause

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SEC Charges Company for Undisclosed Perquisites

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

Books & Records, Disclosure Requirements, Enforcement Actions, Failure To Disclose, FCPA

See all updates »

Music Modernization Act Update

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

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

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

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

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

See all updates »

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

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

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

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

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

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

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IRS Extends Deadline For Plan Sponsors To Adopt Amendments Reflecting Recent Law Changes

On August 3, 2022, the IRS published Notice 2022-33, which extends the deadlines for amending retirement plans and IRAs to reflect certain changes to the law made by the SECURE Act; the Bipartisan American Miners Act; and…more

Benefit Plan Sponsors, CARES Act, Deadlines, Employee Benefits, IRA

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Time is Running out for IRS ‘Pre-Approved’ 401(k)/Defined Contribution Plan Sponsors to Meet the July 31, 2022 ‘Cycle 3’ Deadline

Employers sponsoring 401(k) or other types of defined contribution plans “pre-approved” by the Internal Revenue Service (IRS) should be aware that the restatement deadline is quickly approaching. The IRS requires pre-approved…more

401k, CARES Act, Compensation & Benefits, Deadlines, Defined Contribution Plans

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Bankruptcy Auctions Present Opportunities to Acquire Energy Assets with Limited Risk

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

Business Assets, Commercial Bankruptcy, Energy Sector, FERC

See all updates »

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

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

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

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

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

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

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

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

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

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

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

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

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2022 Minnesota Legislature Convenes: Historic Budget Surplus Looms

Unprecedented. - That is how political observers, politicians and media pundits are describing what is in front of the Minnesota legislature and DFL Governor Tim Walz as the legislature sets to convene next Monday, January…more

Bonds, Budget Surplus, Coronavirus/COVID-19, Infectious Diseases, Infrastructure

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

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

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

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

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

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

See all updates »

Minnesota Budget and Economic Forecast

Yesterday Minnesota’s latest budget and economic forecast was released. The state’s financial outlook remains stable, with a small increase to the general fund revenue forecast along with a similar-sized reduction in spending…more

Critical Infrastructure Sectors, General Fund, State and Local Government, State Budgets, State Funding

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The Impact of the Coronavirus on the Global Supply Chain

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

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

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Department of Justice Renews Efforts to Prohibit Employee Non-Poaching Agreements

The Trump Administration has reaffirmed the U.S. Department of Justice and the Federal Trade Commission's jointly-issued Antitrust Guidance for Human Resources Professionals, first issued on October 20, 2016…more

Antitrust Violations, Department of Justice (DOJ), FTC, Hiring & Firing, No-Poaching

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Justices Clarify Scope of Anti-Hacking Law

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

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

See all updates »

OFCCP Adopts Two New Directives On Compliance Evaluations and Pay Equity Audits

Effective Compliance Evaluations and Enforcement - On March 31, 2022, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a new directive concerning enforcement of its equal…more

Affirmative Action, CSALs, Equal Pay, Federal Contractors, Federal Labor Laws

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Justices Clarify Scope of Anti-Hacking Law

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

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

See all updates »

SEC Charges Company for Undisclosed Perquisites

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

Books & Records, Disclosure Requirements, Enforcement Actions, Failure To Disclose, FCPA

See all updates »

WARNING: California Prop 65 Amendments Take Effect on August 30, 2018

Do you manufacture, distribute or supply consumer products (or component parts thereof) that are sold in California? If you do, then you likely are familiar with the California Proposition 65 warnings that should accompany your…more

Children's Products, E-Commerce, Hazardous Substances, Manufacturers, OEHHA

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Running a Legal Sweepstakes or Contest in the Esports and Online Gaming World

With the explosion of online sweepstakes in recent years, many marketing companies promote sweepstakes and online contests as an attractive way to gain users and customers. Many companies will adopt rules from a current…more

Contests & Promotions, eSports, Gambling, Online Gaming, Regulatory Standards

See all updates »

A Guide to Missouri's Medical Cannabis Law

On November 6, 2018, Missouri voters passed Amendment 2. Amendment 2 amends the Missouri Constitution to allow state-licensed physicians to recommend medical marijuana to patients who could benefit from the drug. The initiative…more

Decriminalization of Marijuana, Dispensaries, Marijuana, Marijuana Cultivation, Marijuana Related Businesses

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Missouri Supreme Court Holds Consumer Arbitration Agreements Enforceable

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

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

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Supreme Court Expands Scope of Patent Exhaustion

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

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

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Supreme Court Rejects EPA's Power on Climate Change Regulations

The U.S. Supreme Court rejected the U.S. Environmental Protection Agency’s (EPA) ability to regulate greenhouse gas emissions based on shifting from existing generation sources under Section 111(d) of the Clean Air Act (CAA). In…more

Air Pollution, Clean Air Act, Clean Power Plan, Climate Change, Discharge of Pollutants

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EPA Sets Health Advisories for Drinking Water

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

Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies, EPA

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Emerging Trends Newsletter - Q2

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

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

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American Rescue Plan Act Contains Many Employee Benefits Related Provisions

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

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

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

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

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

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Supreme Court Rules that Class Action Waivers in Arbitration Agreements are Enforceable

This week, the U.S. Supreme Court ruled in a 5-4 decision that class action waivers in arbitration agreements are enforceable. The Court's long-awaited decision makes clear that employers can require employees to resolve any…more

Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Epic Systems Corp v Lewis, Ernst & Young v Morris

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Temporary Extension of CARES Act Telehealth/HSA Relief Available

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

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

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

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

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

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

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

Accessibility Rules, ADA, Arenas and Stadiums, Construction Project, Critical Infrastructure Sectors

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Growing Issue of Inflation in Government Contracts Supply Chain Leads to DoD Clarification on Potential for Relief

Traditionally, a fixed price government contract is one in which the contractor absorbs the risks and costs of performance.  Absent an economic price adjustment (EPA) clause in the contract, an unforeseeable event, such as a…more

Contract Terms, Department of Defense (DOD), Federal Contractors, Goods or Services, Price Inflation

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

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

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

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Judicial Holdings Throw Vaccine Mandate Implementation into Disarray

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

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

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Justices Clarify Scope of Anti-Hacking Law

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

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

See all updates »

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

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

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

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

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

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

See all updates »

$15 Minimum Wage Passes Minneapolis City Council

Last week, Minneapolis’ city council passed a minimum wage bill, raising the minimum wage to $15 for nearly all employees through a phase-in process, which will be complete in 2022 for large businesses and 2024 for small…more

Local Ordinance, Minimum Wage, Wage and Hour

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Music Licensing in the Age of TikTok

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

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

See all updates »

Temporary Extension of CARES Act Telehealth/HSA Relief Available

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

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

See all updates »

Running a Legal Sweepstakes or Contest in the Esports and Online Gaming World

With the explosion of online sweepstakes in recent years, many marketing companies promote sweepstakes and online contests as an attractive way to gain users and customers. Many companies will adopt rules from a current…more

Contests & Promotions, eSports, Gambling, Online Gaming, Regulatory Standards

See all updates »

CMS Says That EMTALA Overrides State Law in Pregnancy Emergencies

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

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

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Now is the Time to Evaluate PFAS Liability

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

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

See all updates »

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

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

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

See all updates »

It's Time for Bank Holding Companies to Review Shareholder Agreements

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

Bank Holding Company, Business Entities, Shareholder Rights, Shareholders, Shareholders' Agreements

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

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

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

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Paycheck Protection Program - What Has Changed?

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

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

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Force Majeure and the Coronavirus (COVID-19)

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

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

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The Impact of Subordination Agreements on Lien Priorities

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

Appeals, Business Litigation, Lien Priority, Subordination Agreement

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Ten Things to Know About Successful Antidumping and Countervailing Duty Cases

U.S. manufacturers face many challenges, but they do not do so alone. An entire system of trade laws and enforcement exists to help “level the playing field” and respond to competition from unfairly priced imports. Sometimes the…more

Anti-Dumping Duty, Competition, Countervailing Duties, Imports, ITC

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SEC Charges Company for Undisclosed Perquisites

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

Books & Records, Disclosure Requirements, Enforcement Actions, Failure To Disclose, 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, Department of Justice (DOJ), FTC

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

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Supreme Court Rejects EPA's Power on Climate Change Regulations

The U.S. Supreme Court rejected the U.S. Environmental Protection Agency’s (EPA) ability to regulate greenhouse gas emissions based on shifting from existing generation sources under Section 111(d) of the Clean Air Act (CAA). In…more

Air Pollution, Clean Air Act, Clean Power Plan, Climate Change, Discharge of Pollutants

See all updates »

Naperville: A Framework for Smart Meters and Privacy Rights

On August 16, the 7th Circuit Court of Appeals issued its decision in Naperville Smart Meter Awareness v. the City of Naperville finding that smart meter data collection is a "search" under the 4th Amendment, but allowable…more

Appeals, Consumer Privacy Rights, Data Collection, Fourth Amendment, Infrastructure

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

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

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

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Missouri Revenue Officials Disallow REIT Dividend Deductions

Missouri law allows taxpayer corporations to reduce their Missouri-taxable income by the amount of “corporate dividends from sources within Missouri.” The statute is said to be a legislative policy choice to encourage investment…more

Dividends, Income Taxes, REIT, State Taxes, Tax Deductions

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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

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

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

Airports, CERCLA, Contamination, Environmental Policies, EPA

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

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

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

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

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

COPPA, Data Collection, Data Protection, FTC, Mobile Apps

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New Coronavirus Relief Legislation Impacts Employers in Two Key Areas

Late in the day on December 27, 2020, President Trump signed the Consolidated Appropriations Act of 2020, which contains the latest in coronavirus relief measures. The massive 5,593-page legislation covers a wide variety of…more

Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Corporate Counsel, Families First Coronavirus Response Act (FFCRA), Infectious Diseases

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EU Authority Publishes New Standard Contractual Clauses

Since the implementation of the EU’s General Data Protection Regulation (GDPR), the European Commission’s (EC) approved Standard Contractual Clauses (SCC) have been vital to the transfer of personal data to third countries…more

Cybersecurity, Data Processors, Data Protection, EU, General Data Protection Regulation (GDPR)

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IRS Increases Standard Mileage Rates Starting July 1, 2022

The Internal Revenue Service Announcement 2022-13, published on June 10, 2022, increases the standard mileage rates for deductible business travel, medical and moving expenses for the second half of 2022, in accordance with the…more

Business Travel, Compensation & Benefits, Fringe Benefits, IRS, Mileage Reimbursement

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Federal Trade Commission Announces Annual HSR Premerger

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

Antitrust Provisions, Filing Fees, FTC, Hart-Scott-Rodino Act, Pre-Merger Filing Requirements

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Paycheck Protection Program - What Has Changed?

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

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

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EPA Sets Health Advisories for Drinking Water

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

Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies, EPA

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It's Time for Bank Holding Companies to Review Shareholder Agreements

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

Bank Holding Company, Business Entities, Shareholder Rights, Shareholders, Shareholders' Agreements

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USPTO Extends Filing and Fee Payment Dates under CARES Act

Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the USPTO Director authorized a 30-day extension for filing dates and fee payment for those who are unable to meet patent-related deadlines due to the…more

CARES Act, Coronavirus/COVID-19, Filing Deadlines, Filing Fees, Intellectual Property Protection

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

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

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

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New Budget Numbers and Legislative Changes Close Out 2019

Strong State Budget Forecast Released - Heading into the 2020 general election, the Minnesota Department of Management and Budget announced today the state budget forecast shows a surprisingly strong surplus of approximately…more

Budget Surplus, Healthcare, Political Campaigns, Resignation, Special Election

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Judicial Holdings Throw Vaccine Mandate Implementation into Disarray

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

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

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COVID-19 Relief for Middle Market Companies: The Federal Reserve's Main Street Lending Program under the CARES Act

With lending now underway under the well-known Paycheck Protection Program (PPP) established under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) aimed at providing COVID-19 relief to small and medium…more

CARES Act, Coronavirus/COVID-19, Eligibility Determination, Federal Loans, Federal Reserve

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Show Me the Tokens - Using Cryptographic Tokens to Activate Fans

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

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

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How Charities are Motivating Donors Under the New Tax Law

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

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

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President Biden Sets Stage for Workplace Vaccination Game Changer

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

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

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

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

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

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Supreme Court Rejects EPA's Power on Climate Change Regulations

The U.S. Supreme Court rejected the U.S. Environmental Protection Agency’s (EPA) ability to regulate greenhouse gas emissions based on shifting from existing generation sources under Section 111(d) of the Clean Air Act (CAA). In…more

Air Pollution, Clean Air Act, Clean Power Plan, Climate Change, Discharge of Pollutants

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EPA Sets Health Advisories for Drinking Water

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

Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies, EPA

See all updates »

New USPTO Pilot Program Provides Appeal Decisions Within Six Months

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

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

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Top 10 Action Items for Contractors Reopening Their Offices

During the COVID-19 pandemic the construction industry has, for the most part, been able to continue field operations on existing projects. Of course, regulations have varied from state to state, and in some regions operations…more

CDC, Construction Project, Construction Workers, Coronavirus/COVID-19, EEOC

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

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

Banking Sector, Community Banks, FinTech, Industry Consolidation

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U.S. Treasury Issues Much-Anticipated Opportunity Zone Guidance

On Friday, October 19, 2018, the U.S. Treasury Department issued long-awaited proposed regulations and other guidance with respect to opportunity zone incentives under Internal Revenue Code (I.R.C.) § 1400Z-2…more

Capital Gains, Community Development, Economic Development, Internal Revenue Code (IRC), Investment Funds

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Will the New Year Bring a New CFPB? Planning in the Wake of Uncertainty

The Consumer Financial Protection Bureau (CFPB) was created under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) in July 2010 in the wake of a financial crisis, as an independent agency tasked with…more

Administrative Agencies, Administrative Resignation, Arbitration, Banking Sector, Class Action

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It's Time for Bank Holding Companies to Review Shareholder Agreements

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

Bank Holding Company, Business Entities, Shareholder Rights, Shareholders, Shareholders' Agreements

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

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

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

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Force Majeure and the Coronavirus (COVID-19)

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

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

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American Rescue Plan Act Contains Many Employee Benefits Related Provisions

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

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

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OFCCP Adopts Two New Directives On Compliance Evaluations and Pay Equity Audits

Effective Compliance Evaluations and Enforcement - On March 31, 2022, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a new directive concerning enforcement of its equal…more

Affirmative Action, CSALs, Equal Pay, Federal Contractors, Federal Labor Laws

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Missouri Supreme Court Holds Consumer Arbitration Agreements Enforceable

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

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

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American Rescue Plan Act Contains Many Employee Benefits Related Provisions

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

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

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Energy Alert: Minnesota Legislature Creates New Solar Energy Mandate

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

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SEC Proposes New ESG Disclosures and Naming Rules for Investment Advisers and Funds

On May 25, 2022, the Securities and Exchange Commission (SEC) approved proposals to the “Names Rule” (Rule 35d-1) under the Investment Company Act of 1940 (1940 Act), hereinafter referred to as Proposal One, and to the rules and…more

Capital Investments, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Greenwashing

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Force Majeure and the Coronavirus (COVID-19)

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

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

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

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

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

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

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

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

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Firm Wins Victory for BMO Harris at Minnesota Supreme Court

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

Commercial Bankruptcy, Fraudulent Transfers, Ponzi Scheme

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Sales and Use Taxes: Kansas and Missouri Move to Impose Collection Obligations on Marketplace Facilitators

Recent legislation has brought Kansas and Missouri up-to-date with the nation by instituting new tax collection requirements for out-of-state retailers lacking a physical presence in their state…more

Internet Retailers, New Guidance, Online Sales Tax, Out-of-State Companies, Physical Presence Test

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It's Time for Bank Holding Companies to Review Shareholder Agreements

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

Bank Holding Company, Business Entities, Shareholder Rights, Shareholders, Shareholders' Agreements

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Senate Passes #MeToo Bill Allowing Employees to Bypass Arbitration

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

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

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Are Captive-Audience Meetings and Secret-Ballot Elections About to Vanish?

Uncertainty looms as NLRB General Counsel seeks to upend a combined 127 years of settled labor law to help unions organize workplaces Labor law has long been somewhat prone to uncertainty and inconsistency. - Each new…more

Collective Bargaining, Employee Rights, Employer Liability Issues, Labor Reform, Labor Regulations

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

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

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

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

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

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

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CMS Says That EMTALA Overrides State Law in Pregnancy Emergencies

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

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

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The American Rescue Plan: Update for Employers Providing FFCRA Leave in 2021

As discussed in "New Coronavirus Relief Legislation Impacts Employers in Two Key Areas" the Families First Coronavirus Response Act (FFCRA) paid leave mandates expired January 1, 2021 and there is presently no requirement under…more

American Rescue Plan Act of 2021, Biden Administration, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Infectious Diseases

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

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

Corporate Counsel, Federal Rule 12(b)(6), Health Care Providers, HIPAA, HIPAA Privacy Rule

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

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

Accessibility Rules, ADA, Arenas and Stadiums, Construction Project, Critical Infrastructure Sectors

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OSHA (Finally) Issues COVID-19 ETS Applicable to Healthcare Industry Along with Updated Guidance for All Workplaces

At long last, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS), after the Office of Management and Budget concluded stakeholder meetings on Wednesday, June 9…more

Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Essential Workers, Health and Safety

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An Overview: Colorado's Expansion into Legalized Sports Wagering

In order to enact legalized sports wagering in Colorado, voters were required to approve a ballot measure, Proposition DD in 2019. The initiative barely passed with 50.8% of the vote. With the passage of Proposition DD, sports…more

Casinos, Gambling, Licensing Rules, New Legislation, Online Gaming

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Landlord Rent Relief Checklist

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

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

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NLRB Overrules Four Key Cases to End 2017 with a Bang

The National Labor Relations Board isn't waiting for the ball to drop in Times Square. It's ushering in a new era, now. The new and short-lived Republican-appointed majority wasted little time reversing the course the Board took…more

Boeing, DuPont, Email Policies, Employee Handbooks, Joint Employers

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Minnesota Announces "PFAS Blueprint" for Increased Regulation of "Forever" Chemicals

Minnesota announced a new “PFAS blueprint” on February 10, 2021, calling for increased regulation of the so-called “forever” chemicals through a combination of legislation and agency rulemaking…more

CERCLA, Contaminated Properties, Contamination, Critical Infrastructure Sectors, Environmental Policies

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Energy Credits Extended for Wind and Solar Facilities

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

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

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SEC Proposes Changes to Shareholder Proposal Rule

The Securities and Exchange Commission proposed amendments to Exchange Act Rule 14a-8, the shareholder proposal rule, which requires companies subject to the federal proxy rules to include shareholder proposals in their proxy…more

Proposed Amendments, Proxy Statements, Publicly-Traded Companies, Regulatory Reform, Rule 14a-8

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The Impact of the Coronavirus on the Global Supply Chain

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

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

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Music Modernization Act Update

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

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

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IRS Eliminates Worry About "Clawback"

In response to Internal Revenue Code Section 2001(g)(2), enacted as part of the 2017 Tax Act, in which the Secretary of the Treasury was directed to prescribe regulations to carry out IRC Section 2001(g) with respect to the…more

Clawbacks, Estate Planning, Estate Tax, Family Businesses, Gift Tax

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DC Circuit Overturns FCC's Expansion of Robocall Prohbitions

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

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

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SEC Charges Company for Undisclosed Perquisites

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

Books & Records, Disclosure Requirements, Enforcement Actions, Failure To Disclose, FCPA

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

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

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

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The Impact of the Coronavirus on the Global Supply Chain

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

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

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Antitrust Update: Changes at FTC Could Impact Merger Review

Antitrust remains a hot topic in the media, and the Federal Trade Commission (FTC) in particular has garnered significant coverage due to a series of recent public announcements. While change has become the new normal at the…more

Anti-Competitive, Anticompetitive Behavior, Antitrust Provisions, Competition, FTC

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Temporary Extension of CARES Act Telehealth/HSA Relief Available

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

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

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

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

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

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

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

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

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Paycheck Protection Program - What Has Changed?

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

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

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

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

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

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Colorado Enacts New Privacy and Cybersecurity Legislation

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

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

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Esports Teams Face Enemy Fire from State Talent Agency Acts

For decades, there has been an ongoing controversy about whether esports are sports. While some consider this sort of labeling issue trivial, it is critically important in the legal context. Classification rings especially true…more

Business Disputes, Compensation, Contract Terms, eSports, Exploitation

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Health App Vendors Be Warned: You Could Be Subject to FTC's Health Breach Notification Rule

The surge in new health apps and connected devices, which only increased during the pandemic, continues to raise many legal and ethical questions. As a result, lawmakers have been scrambling to define the obligations applicable…more

Breach Notification Rule, Connected Items, Data Breach, Data Collection, Data Protection

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

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

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

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#MeToo Arbitration Ban – Protect Yourself With Prevention

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

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

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

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

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

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OFCCP Adopts Two New Directives On Compliance Evaluations and Pay Equity Audits

Effective Compliance Evaluations and Enforcement - On March 31, 2022, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a new directive concerning enforcement of its equal…more

Affirmative Action, CSALs, Equal Pay, Federal Contractors, Federal Labor Laws

See all updates »

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

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

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

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Real Estate and Construction Industries are Deemed Critical Sectors by Governor Walz

Minnesota Governor Tim Walz's Executive Order 20-20 requesting Minnesotans to limit movements outside of their homes to help slow the spread of COVID-19 runs through April 10 at 5 p.m. The order provides a limited exemption from…more

Business Interruption, Construction Project, Coronavirus/COVID-19, Critical Infrastructure Sectors, Cybersecurity Information Sharing Act (CISA)

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Time is Running out for IRS ‘Pre-Approved’ 401(k)/Defined Contribution Plan Sponsors to Meet the July 31, 2022 ‘Cycle 3’ Deadline

Employers sponsoring 401(k) or other types of defined contribution plans “pre-approved” by the Internal Revenue Service (IRS) should be aware that the restatement deadline is quickly approaching. The IRS requires pre-approved…more

401k, CARES Act, Compensation & Benefits, Deadlines, Defined Contribution Plans

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

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

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

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USPTO Provides Interim Guidance on PTAB Discretionary Denials Under Fintiv

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

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

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The Proposed Corporate Executive Accountability Act - Bending the Space-Time Continuum to Find Criminal Culpability of Corporate Executives

Two core principles of American criminal liability are: (1) a crime does not occur unless the accused has both criminal intent (mens rea) and commits a criminal act (actus reus); and (2) the intent and the act must occur at the…more

Corporate Officers, Criminal Liability, Criminal Prosecution, FDA, FDCA

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Antitrust Update: Despite Administration's Rhetoric, No Major Enforcement Changes are Imminent

In recent weeks, the Biden administration issued two well-publicized messages about antitrust enforcement. These messages received significant media attention, with major news outlets reporting on the administration's commitment…more

Anti-Competitive, Antitrust Provisions, Biden Administration, Competition, Department of Justice (DOJ)

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Trends, Pitfalls and Opportunities in Celebrity Philanthropy

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

Athletes, Celebrities, Celebrity Endorsements, Philanthropy, Private Foundations

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

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

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

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Show Me the Tokens - Using Cryptographic Tokens to Activate Fans

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

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

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

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

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

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NIIT Expansion Under Proposed Build Back Better Act Includes Subtle Tax Increase on Sales of Private Businesses

In general, tax experts were pleased that the Build Back Better Act, passed recently by the U.S. House of Representatives, did not include many of the tax increases previously proposed by the Biden Administration…more

Corporate Sales Transactions, Income Taxes, IRS, Legislative Agendas, Net Investment Income

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

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

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

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

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

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

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Energy Credits Extended for Wind and Solar Facilities

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

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

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

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

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

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

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

Abatement, Environmental Policies, EPA, Final Rules, Lead Paint

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SEC Provides Temporary Relief to Investment Advisers From Forms ADV and PF Filing Deadlines

Due to the outbreak of COVID-19 and its current and potential effects, the Securities and Exchange Commission (SEC) issued an order on Friday, March 13 that grants conditional relief to investment advisers in their delivery and…more

Coronavirus/COVID-19, Filing Deadlines, Form ADV, Form PF, Investment Adviser

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How Charities are Motivating Donors Under the New Tax Law

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

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

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

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

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

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How Charities are Motivating Donors Under the New Tax Law

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

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

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

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

Dividends, SEC, Securities Settlement Cycles

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Minnesota Applies Direct Procurement Tax to Captive Insurers

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

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

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

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

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

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Are Captive-Audience Meetings and Secret-Ballot Elections About to Vanish?

Uncertainty looms as NLRB General Counsel seeks to upend a combined 127 years of settled labor law to help unions organize workplaces Labor law has long been somewhat prone to uncertainty and inconsistency. - Each new…more

Collective Bargaining, Employee Rights, Employer Liability Issues, Labor Reform, Labor Regulations

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CEOs Take a Collaborative Approach to Creating More Inclusive Workplaces

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

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

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

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

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

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Minnesota Applies Direct Procurement Tax to Captive Insurers

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

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

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REMIC Relief for COVID-19 Related Modifications and Forbearance

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

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

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

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

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

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

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

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

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

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

Economic Development, Infrastructure, Job Creation

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

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

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

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FERC Final Rule Boosts Electric Storage Participation in Organized Wholesale Electric Markets

On February 15, 2018, the Federal Energy Regulatory Commission (FERC) issued Order No. 841, a final rule designed to facilitate greater participation by electric storage resources (including batteries, flywheels, compressed air,…more

Electricity, Energy Market, Energy Sector, Energy Storage, Federal Power Act

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

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

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

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

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

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

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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, Department of Justice (DOJ), Disability Discrimination, Public Accommodation, Title III

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UPDATE: Arizona Stay at Home Executive Order

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

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

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A Dollar and a Dream: Student-Athlete Compensation in the Aftermath of U.S. Supreme Court's Alston Decision

Since 2009, the National Collegiate Athletic Association (NCAA) has faced numerous lawsuits from student-athletes alleging that it unlawfully restrained trade by rules on compensating student-athletes…more

Alston v NCAA, College Athletes, Compensation, eSports, Name and Likeness

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New Budget Numbers and Legislative Changes Close Out 2019

Strong State Budget Forecast Released - Heading into the 2020 general election, the Minnesota Department of Management and Budget announced today the state budget forecast shows a surprisingly strong surplus of approximately…more

Budget Surplus, Healthcare, Political Campaigns, Resignation, Special Election

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Paycheck Protection Program - What Has Changed?

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