Stinson Leonard Street

Contact
Share
Info
150 South Fifth Street
Suite 2300
Minneapolis, MN 55402, United States
Phone: 612.335.7222
Fax: 612.335.1657
Practice Groups
Areas of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • D.C.
  • Minnesota
  • North Dakota
Number of Attorneys
400+ Attorneys

Bankruptcy Auctions Present Opportunities to Acquire Energy Assets with Limited Risk

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

Business Assets, Commercial Bankruptcy, Energy Sector, FERC

See all updates »

Details Emerge on the New In-Person Interview Requirement for Green Card Applicants

On August 28, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it will begin to "phase-in" mandatory in-person interviews for certain employment-based applications, including the main application to request…more

Foreign Nationals, Green Cards, I-485 Applications, Immigrants, Immigration Procedures

See all updates »

Preparing for the Unexpected with Product Recall Insurance

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

B2B Organizations, Disaster Aid, Legislative Agendas

See all updates »

A New Limit on Patent Litigation Venue

A recent U.S. Supreme Court case limited patent litigation venues to a much narrower set of options. Patent venue is now limited solely to the state where the defendant is incorporated and/or states where it operates a regular…more

Food Manufacturers, Forum Shopping, Intellectual Property Protection, Multidistrict Litigation, Patent Infringement

See all updates »

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

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

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

See all updates »

Emerging Trends Newsletter - Q3

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

Acquisitions, ADA, Automotive Industry, CFTC, Chemicals

See all updates »

Lending Risks Associated with Virtual Currencies

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

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

See all updates »

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

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

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

See all updates »

SEC Charges Audit Committee Chair for Failing to Investigate Red Flags

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

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

See all updates »

Supreme Court Issues Significant Decision Interpreting Truth In Lending Act

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

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

See all updates »

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

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

Exports, Imports, Natural Gas, Shale Gas

See all updates »

More Ways to be Tagged with Withdrawal Liability

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

ADA, ATMs, Banks, Disability, Disability Discrimination

See all updates »

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

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

Electricity, Energy Sector, Power Plants, Utilities Sector

See all updates »

Trends, Pitfalls and Opportunities in Celebrity Philanthropy

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

Athletes, Celebrities, Celebrity Endorsements, Philanthropy, Private Foundations

See all updates »

SEC Finalizes Regulation Crowdfunding — Capital Raising and Investment Limitations

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

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

See all updates »

Recent Case Highlights Risks of Paying Physicians for Routine Duties - Signed writing required, informal documentation may not be sufficient

Payments to physicians, even for routine, necessary duties, may cause referrals to the entity making the payments to be "prohibited referrals" under the Stark Law. This means the hospital or other entity should not have billed…more

Anti-Kickback Statute, CMS, False Claims Act (FCA), Health Care Providers, Patient Referrals

See all updates »

Emerging Trends in Government Contracts: Navigating Rules for Pro Bono Work

For many large private companies and firms that contract with the federal government, pro bono work is more than a feel-good activity; it is necessary for their business model to develop new business, attract and retain…more

Cost Accounting Standards (CAS), Federal Acquisition Regulations (FAR), Federal Contractors, Pro Bono

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

Tibble and Class Action Plaintiffs Win Round Two versus Edison International and Its 401(k) Investment Committees

In past articles in this Blog I reported on decisions of the 9th Circuit Court of Appeals and ultimately the U.S. Supreme Court dealing with a class action for breach of fiduciary duty for selecting retail mutual funds in 1999…more

401k, Breach of Duty, Employee Benefits, ERISA, Fiduciary Duty

See all updates »

Bankruptcy Auctions Present Opportunities to Acquire Energy Assets with Limited Risk

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

Business Assets, Commercial Bankruptcy, Energy Sector, FERC

See all updates »

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

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

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

See all updates »

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

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

Banking Sector, CFPB, Comment Period, FDIC, FinTech

See all updates »

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

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

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

See all updates »

November Budget Forecast Announcement & Sepcial Election Date Set

Minnesota Management and Budget (MMB) released the 2017 November Budget and Economic Forecast. Projections show a deficit of $188 million for the current biennium, and a projected negative balance of $586 million for the 2020-21…more

Legislative Agendas, Special Election, State and Local Government, State Budgets

See all updates »

Trump Administration Announces Termination of Popular DACA Program

On September 5, 2017, the Department of Justice announced the wind-down of the Deferred Action for Childhood Arrival (DACA) program. The federal program, created under President Barack Obama's administration, provided work…more

DACA, Deportation, DHS, Employer Liability Issues, Employment Authorization Documents (EAD)

See all updates »

November Budget Forecast Announcement & Sepcial Election Date Set

Minnesota Management and Budget (MMB) released the 2017 November Budget and Economic Forecast. Projections show a deficit of $188 million for the current biennium, and a projected negative balance of $586 million for the 2020-21…more

Legislative Agendas, Special Election, State and Local Government, State Budgets

See all updates »

SEC Proposes Significant Reporting Requirement Amendments to Form ADV

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

Barack Obama, Broadband, FCC, Wireless Industry

See all updates »

IRS Annual Limits on Qualified Plans for 2018

On October 19, 2017, the Internal Revenue Service released the 2018 cost-of-living adjustments affecting dollar limits on benefits and contributions for qualified retirement plans. The Notice providing the cost-of-living…more

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

See all updates »

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

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

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

See all updates »

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

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

Exports, Imports, Natural Gas, Shale Gas

See all updates »

Is an Extended Leave of Absence a Reasonable Accommodation?

The U.S. Court of Appeals for the Seventh Circuit recently held in no uncertain terms that "a multi-month leave of absence is beyond the scope of a reasonable accommodation under the ADA."…more

ADA, Appeals, Best Practices, Disability Discrimination, EEOC

See all updates »

Pay Versus Performance Rules Proposed by Securities and Exchange Commission

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

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

See all updates »

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

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

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

See all updates »

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

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

COPPA, Data Collection, FTC, Geolocation, Internet

See all updates »

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

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 »

Department of Transportation Forms Pilot Program to Integrate UAS into National Airspace

In direct response to a Presidential Memorandum issued on October 25, 2017, the Department of Transportation (DOT), in consultation with the Federal Aviation Administration (FAA), announced details of a new pilot program…more

Airspace, Aviation Industry, Commercial Use, Department of Transportation (DOT), Drones

See all updates »

State Renewable Energy Standards Pass First Big Constitutional Test

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

Electricity, Interstate Commerce, Renewable Energy

See all updates »

Emerging Trends Newsletter - Q2

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

Arbitration, B Corporation, Banks, CFPB, Class Action

See all updates »

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

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

ADA, ATMs, Banks, Disability, Disability Discrimination

See all updates »

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

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

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

See all updates »

UPDATE: It's a Bicycle, It's a Motorcycle, It's a Motor Vehicle...No, It's an Electric Bicycle - More states enacting specific e-bike use, labeling and equipment regulations as popularity surges

On October 30, 2017, Michigan became the seventh state to adopt specific electric bicycle (“e-bike”) legislation joining Arkansas, California, Colorado, Illinois, Tennessee, and Utah. States like Ohio, Wisconsin, and Minnesota…more

Bicycles, Connected Items, Legislative Agendas, Pending Legislation, Regulatory Standards

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 »

IRS Begins Issuing ACA Employer Mandate Penalty Notices

Recently, the Internal Revenue Service (IRS) indicated that it would begin enforcing the Affordable Care Act (ACA) Employer Shared Responsibility provisions (commonly known as the “Employer Mandate”). Last week, the IRS followed…more

Affordable Care Act, Employer Group Health Plans, Employer Mandates, Health Insurance, IRS

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 »

Mandatory Use of New Form I-9 Begins September 18, 2017

The U.S. Citizenship and Immigration Services (USCIS) released yet another version of the Form I-9 on July 17, 2017. The latest version includes minor revisions to the Instructions and the Lists of Acceptable Documents…more

Employer Liability Issues, Employment Eligibility Verification, Hiring & Firing, I-9, Required Forms

See all updates »

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

See all updates »

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

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

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

See all updates »

FDA Attempts to Clarify Enforcement Position Regarding Evolving Health Technology

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

Distributors, FDA, Healthcare, Manufacturers, Medical Device Accessories

See all updates »

November Budget Forecast Announcement & Sepcial Election Date Set

Minnesota Management and Budget (MMB) released the 2017 November Budget and Economic Forecast. Projections show a deficit of $188 million for the current biennium, and a projected negative balance of $586 million for the 2020-21…more

Legislative Agendas, Special Election, State and Local Government, State Budgets

See all updates »

CFTC Taking Action on Inaccurate Reporting

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

CFTC, Enforcement Actions, False Reporting, Reporting Requirements

See all updates »

$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

See all updates »

New Safe Harbor Requirement to Maintain Immunity from Copyright Infringement

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

Emerging Trends Newsletter - Q4

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

ADA, Advertising, Airspace, American Bankers Association, Annuities

See all updates »

DHS Issues Draft Opioid Prescribing Guidelines

In an effort to combat the ongoing epidemic of opioid misuse and opioid-related morbidity and mortality, the Minnesota Department of Human Services (DHS) Opioid Prescribing Work Group (OPWG) recently issued Draft Opioid…more

DHS, Drug & Alcohol Abuse, Health Care Providers, Opioid, Pain Management

See all updates »

Estate Planning Insight: Governor Dayton Proposes New Minnesota Snowbird Tax

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

Domicile, Income Taxes, Residency Requirements, State Budgets

See all updates »

California: The Transgender Work Opportunity Act

On October 15, 2017, California Governor Jerry Brown signed SB 396, the Transgender Work Opportunity Act. Under the Transgender Work Opportunity Act, starting on January 1, 2018, all California employers with 50 or more…more

Anti-Discrimination Policies, Employee Training, Gender Identity, LGBT, LGBTQ

See all updates »

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

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

Cyber Attacks, Cyber Crimes, Cybersecurity, Department of Energy (DOE), Electricity

See all updates »

Minnesota Public Benefit Corporation Act

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

Choice of Entity, Public Benefit Corporation

See all updates »

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

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

Banking Sector, CFPB, Comment Period, FDIC, FinTech

See all updates »

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

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

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

See all updates »

CFPB Issues Final Rule Banning Class Action Waivers in Arbitration Clauses

On July 10, 2017, the Consumer Financial Protection Bureau (CFPB) released its long-awaited and controversial final rule on arbitration agreements in contracts for financial products and services. The rule, which takes effect 60…more

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

See all updates »

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

See all updates »

EEOC Issues Final Rules Under ADA and GINA on Wellness Programs

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

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

See all updates »

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

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

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

See all updates »

IRS Announces 2015 Benefit Plan Limits

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

COLA, Employee Benefits, IRS, Retirement Plan

See all updates »

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

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

Anti-Competitive, Antitrust Provisions, Competition, DOJ, FTC

See all updates »

Kansas Supreme Court Sets Deadline for Addressing School Funding Formula

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

KS Supreme Court, Public Schools, State Funding

See all updates »

Transmission Developers in Missouri Will Have to Get County Assents Before the PSC Can Grant Approval

Wednesday, August 16, the Missouri Public Service Commission (PSC) denied Grain Belt Express Clean Line's (GBX) application for a certificate of convenience and necessity (CCN) for a 4,000 MW high-voltage direct current…more

Certificate of Public Convenience and Necessity, Critical Infrastructure Sectors, Electricity, Public Service Commissions, Transmission Lines

See all updates »

CFPB Issues Final Rule Banning Class Action Waivers in Arbitration Clauses

On July 10, 2017, the Consumer Financial Protection Bureau (CFPB) released its long-awaited and controversial final rule on arbitration agreements in contracts for financial products and services. The rule, which takes effect 60…more

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

See all updates »

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

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

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

See all updates »

Alleged Overcharge of Sales Tax on Food Triggers Missouri Lawsuits

Several putative class action lawsuits have recently been filed in the city of St. Louis alleging retailers have overcharged sales tax for certain food items. These suits seek refunds of payments made by consumers, punitive…more

Attorney's Fees, Food Stamps, Grocery Stores, Health and Welfare Plans, Low-Income Issues

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 »

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

See all updates »

Critical Amendments to Minnesota's Prompt Payment and Retainage Laws

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

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

See all updates »

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

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

COPPA, Data Collection, FTC, Geolocation, Internet

See all updates »

A Growing Number of States and Cities Banning Salary History Inquiries

Employers who ask applicants about their salary history should be wary of a significant increase in state and local legislation barring this question. Over the past year, numerous states and localities have enacted such laws…more

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

See all updates »

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

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

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

See all updates »

Missouri Changes Law on Sales and Use Tax on Delivery Charges

On July 5, 2017, Missouri Gov. Eric Greitens signed into law an amendment to the sales and use tax law that removes usual and customary delivery charges that are separately stated from the amounts subject to Missouri sales and…more

New Legislation, Retail Market, Sales & Use Tax

See all updates »

SEC Eases Pay Ratio Rule

Two pieces of guidance emerged from the Securities and Exchange Commission on September 21, 2017, with respect to the pay ratio rule. The guidance was issued by the Commission and the Commission's Division of Corporation…more

CDIs, CEOs, Corporate Counsel, Disclosure Requirements, Dodd-Frank

See all updates »

CFPB Proposal to Allow More Class Action Lawsuits Against Banks

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

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

See all updates »

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

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

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

See all updates »

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

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

CFPB

See all updates »

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

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

Anti-Competitive, Antitrust Provisions, Competition, DOJ, FTC

See all updates »

FDA Issues Guidance on Digital Health

The Food and Drug Administration (FDA) issued two guidance documents last week clarifying its approach to certain health-related software in response to the addition of Section 520(o) to the Food, Drug and Cosmetic Act, which…more

21st Century Cures Act, Digital Health, Draft Guidance, FDA, Health IT

See all updates »

Federal Circuit Broadens Eligibility Requirements for Software Inventions

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

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

See all updates »

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

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

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

See all updates »

November Budget Forecast Announcement & Sepcial Election Date Set

Minnesota Management and Budget (MMB) released the 2017 November Budget and Economic Forecast. Projections show a deficit of $188 million for the current biennium, and a projected negative balance of $586 million for the 2020-21…more

Legislative Agendas, Special Election, State and Local Government, State Budgets

See all updates »

Court Affirms that Missouri Human Rights Act Prohibits Sex Stereotypes in the Workplace

On October 24, 2017, the Court of Appeals for the Western District of Missouri issued an opinion affirming that sex stereotyping is a form of gender discrimination that is actionable under the Missouri Human Rights Act (MHRA)…more

Appeals, Employer Liability Issues, Employment Litigation, Gender Identity, Hiring & Firing

See all updates »

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

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

FERC, Interconnections, Rulemaking Process, Safe Harbors, Waivers

See all updates »

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

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

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

See all updates »

The Ten Arbitration Trends Of 2017

2017 was a big year in arbitration law. We went from a country that seemed on the verge of banning arbitration in most consumer and employee contracts to a country whose federal policy embraces arbitration in nearly every…more

Arbitration, Arbitration Agreements, Arbitration Awards, CFPB, Class Action Arbitration 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 »

U.S. House of Representatives Acts To Codify Registration Exemption for M&A Brokers

On December 7, 2017, the U.S. House of Representatives passed the “Small Business Mergers, Acquisitions, Sales and Brokerage Simplification Act of 2017 (H.R. 477).” The bipartisan bill passed the House by a vote of 426-0…more

Exemptions, Legislative Agendas, M&A Brokers, Proposed Legislation, Registration

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

Construction Contracts, Contractors, Estoppel, Factoring, Financing

See all updates »

EPA's Clean Energy Incentive Program

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

The Other Shoe Drops: An Update on DOLI Enforcement of Contractor Registration Requirements

In a move of interest to residential or commercial contractors working in Minnesota, the Minnesota Department of Labor & Industry (DOLI) recently began enforcing a 2012 requirement that all unlicensed contractors register with…more

Construction Industry, Contractors, Department of Labor & Industry, General Contractors, Registration Requirement

See all updates »

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

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

Banking Sector, Community Banks, FinTech, Industry Consolidation

See all updates »

The Other Shoe Drops: An Update on DOLI Enforcement of Contractor Registration Requirements

In a move of interest to residential or commercial contractors working in Minnesota, the Minnesota Department of Labor & Industry (DOLI) recently began enforcing a 2012 requirement that all unlicensed contractors register with…more

Construction Industry, Contractors, Department of Labor & Industry, General Contractors, Registration Requirement

See all updates »

Legal Project Management, The Greatest Thing Since Sliced Bread?

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

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

See all updates »

Construction Alert: Minnesota Supreme Court Decides Best Value Bid Protest

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

Bad Faith, Competitive Bidding, Construction Industry, Public Contracts

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

FDIC Releases Final Rule on Deposit Account Recordkeeping

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

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

See all updates »

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

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

Banking Sector, Community Banks, FinTech, Industry Consolidation

See all updates »

SEC Warns on Outsourced Chief Compliance Officers

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

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

See all updates »

DOL Fiduciary Rule Status Update for Fraternal Benefit Societies

In papers filed as part of a lawsuit in the U.S. District Court for the District of Minnesota, the Department of Labor (DOL) has stated that they are considering a further delay of the effective date for full implementation of…more

Best Interest Contract Exemptions, Conflicts of Interest, DOL, Employee Benefits, ERISA

See all updates »

LIBOR Set for Elimination in 2021

The London Interbank Offered Rate (LIBOR), the interest rate tied to trillions of dollars in loans and other financial products, will be eliminated by the end of 2021. British regulators announced the timeline on Thursday, July…more

Banking Sector, Benchmarks, Financial Conduct Authority (FCA), Interest Rates, Libor

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

FDA: The Powdered Gloves Come Off

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

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

See all updates »

General Contractor Insurance Coverage Decreased by Subcontractor's $500,000 Self-Insured Retention

Owners and contractors typically who require firms they hire to have liability insurance, and name them as additional insureds in case they ever get sued for what the hired firm did wrong, but they can often get a rude awakening…more

Commercial General Liability Policies, Construction Industry, Endorsements, General Contractors, Insurance Industry

See all updates »

Labor, Employment And Employee Benefits Executive Briefing - April 2014

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

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

See all updates »

State Regulators Seek to Reduce Regulatory Burden for Money Services Businesses

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

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

See all updates »

Patent Venue: The Federal Circuit Resolves Widespread Disagreement Among District Courts

In Micron Technology, the Federal Circuit resolved widespread disagreement about TC Heartland and motions to transfer venue in patent cases. The Federal Circuit held that TC Heartland changed controlling law and, thus, that the…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents, Personal Jurisdiction

See all updates »

Energy Alert: Minnesota Legislature Creates New Solar Energy Mandate

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

See all updates »

Energy Alert: Minnesota Legislature Creates New Solar Energy Mandate

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

See all updates »

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

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

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

See all updates »

Emerging Trends in Government Contracts: Navigating Rules for Pro Bono Work

For many large private companies and firms that contract with the federal government, pro bono work is more than a feel-good activity; it is necessary for their business model to develop new business, attract and retain…more

Cost Accounting Standards (CAS), Federal Acquisition Regulations (FAR), Federal Contractors, Pro Bono

See all updates »

Patent Venue: The Federal Circuit Resolves Widespread Disagreement Among District Courts

In Micron Technology, the Federal Circuit resolved widespread disagreement about TC Heartland and motions to transfer venue in patent cases. The Federal Circuit held that TC Heartland changed controlling law and, thus, that the…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents, Personal Jurisdiction

See all updates »

Firm Wins Victory for BMO Harris at Minnesota Supreme Court

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

Commercial Bankruptcy, Fraudulent Transfers, Ponzi Scheme

See all updates »

ICBA Members and Community Banks Released From ADA Liability

Many community banks received letters from advocacy group Access Now alleging that the banks' websites violated the Americans with Disabilities Act (ADA) for the visually impaired in provision of electronic information…more

Accessibility Rules, ADA, ATMs, Banking Sector, Community Banks

See all updates »

Court Affirms that Missouri Human Rights Act Prohibits Sex Stereotypes in the Workplace

On October 24, 2017, the Court of Appeals for the Western District of Missouri issued an opinion affirming that sex stereotyping is a form of gender discrimination that is actionable under the Missouri Human Rights Act (MHRA)…more

Appeals, Employer Liability Issues, Employment Litigation, Gender Identity, Hiring & Firing

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

PACs, Campaigns and Dark Money: What is the Law?

In 2016, Missouri voters enshrined new campaign finance laws in the state constitution. The Missouri Ethics Commission issued several interpreting opinions and a federal court has enjoined parts of the law as unconstitutional…more

501(c)(4), Ballot Measures, Campaign Contributions, Ethics, IRS

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

DHS Issues Draft Opioid Prescribing Guidelines

In an effort to combat the ongoing epidemic of opioid misuse and opioid-related morbidity and mortality, the Minnesota Department of Human Services (DHS) Opioid Prescribing Work Group (OPWG) recently issued Draft Opioid…more

DHS, Drug & Alcohol Abuse, Health Care Providers, Opioid, Pain Management

See all updates »

Arizona Supreme Court Rejects Challenge to Proposition 206

On August 2, 2017, the Arizona Supreme Court released its written opinion rejecting the Arizona Chamber of Commerce and other business groups’ challenge to Proposition 206, also known as The Fair Wages and Healthy Families Act…more

AZ Supreme Court, Constitutional Challenges, Minimum Wage, Proposition 206, Sick Pay

See all updates »

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

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

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

See all updates »

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

See all updates »

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

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

Bribery, Bruker, China, Enforcement Actions, FCPA

See all updates »

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

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

Anti-Competitive, Antitrust Provisions, Competition, DOJ, FTC

See all updates »

Arizona Supreme Court Rejects Challenge to Proposition 206

On August 2, 2017, the Arizona Supreme Court released its written opinion rejecting the Arizona Chamber of Commerce and other business groups’ challenge to Proposition 206, also known as The Fair Wages and Healthy Families Act…more

AZ Supreme Court, Constitutional Challenges, Minimum Wage, Proposition 206, Sick Pay

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

LIBOR Set for Elimination in 2021

The London Interbank Offered Rate (LIBOR), the interest rate tied to trillions of dollars in loans and other financial products, will be eliminated by the end of 2021. British regulators announced the timeline on Thursday, July…more

Banking Sector, Benchmarks, Financial Conduct Authority (FCA), Interest Rates, Libor

See all updates »

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

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

Banking Sector, Community Banks, FinTech, Industry Consolidation

See all updates »

Is an Extended Leave of Absence a Reasonable Accommodation?

The U.S. Court of Appeals for the Seventh Circuit recently held in no uncertain terms that "a multi-month leave of absence is beyond the scope of a reasonable accommodation under the ADA."…more

ADA, Appeals, Best Practices, Disability Discrimination, EEOC

See all updates »

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

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

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

See all updates »

Multiple Departments Issue Guidance on Wellness Programs

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

ADA, CMS, Compliance, Corporate Counsel, DOL

See all updates »

Trends, Pitfalls and Opportunities in Celebrity Philanthropy

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

Athletes, Celebrities, Celebrity Endorsements, Philanthropy, Private Foundations

See all updates »

SEC Approves Changes to NYSE Rules for After-Hours News Releases

The SEC has approved the NYSE’s proposal to amend Section 202.06 of the Listed Company Manual to prohibit listed companies from issuing material news after the official closing time for the NYSE’s trading session until the…more

Financial Markets, Listed Company Manual, NYSE, SEC, Trading Platforms

See all updates »

Emerging Trends Newsletter - Q3

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

Acquisitions, ADA, Automotive Industry, CFTC, Chemicals

See all updates »

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

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

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

See all updates »

SEC Brings Enforcement Action for Inadequately Documented Perks but Does Not Impose Penalty

The SEC charged a biopharmaceutical company with committing a series of accounting controls and disclosure violations, including the failure to properly report as compensation millions of dollars in perks provided to its…more

Accounting Controls, Books & Records, Civil Monetary Penalty, Compensation & Benefits, Disclosure Requirements

See all updates »

SEC Eases Pay Ratio Rule

Two pieces of guidance emerged from the Securities and Exchange Commission on September 21, 2017, with respect to the pay ratio rule. The guidance was issued by the Commission and the Commission's Division of Corporation…more

CDIs, CEOs, Corporate Counsel, Disclosure Requirements, Dodd-Frank

See all updates »

In Pursuit of Portability

The concept of portability, permanently enacted as part of the amendments to the estate tax law under the American Taxpayer Relief Act of 2012, allows the deceased spousal unused exclusion amount (DSUEA) of a decedent to be…more

American Taxpayer Relief Act, DSUEA, Estate Planning, Estate Tax, Portability

See all updates »

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

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

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

See all updates »

A Growing Number of States and Cities Banning Salary History Inquiries

Employers who ask applicants about their salary history should be wary of a significant increase in state and local legislation barring this question. Over the past year, numerous states and localities have enacted such laws…more

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

See all updates »

November Budget Forecast Announcement & Sepcial Election Date Set

Minnesota Management and Budget (MMB) released the 2017 November Budget and Economic Forecast. Projections show a deficit of $188 million for the current biennium, and a projected negative balance of $586 million for the 2020-21…more

Legislative Agendas, Special Election, State and Local Government, State Budgets

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

Minnesota Public Benefit Corporation Act

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

Choice of Entity, Public Benefit Corporation

See all updates »

When is an Initial Coin Offering a Security?

As discussed in a post from last week, the SEC determined that Initial Coin Offerings can be securities. The finding stems from the SEC’s investigation into The DAO’s offering and sale of DAO Tokens (a form of virtual currency…more

Blockchain, Cryptocurrency, Digital Currency, Distributed Ledger Technology (DLT), Financial Institutions

See all updates »

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

State Regulators Seek to Reduce Regulatory Burden for Money Services Businesses

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

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

See all updates »

Citing the Opioid Abuse Epidemic, New Jersey Proposes Far-Reaching Restrictions on Pharma-Prescriber Interactions

In an effort to curtail the opioid abuse epidemic, New Jersey Governor Chris Christie proposed a new rule on August 31, 2017 that would make New Jersey the latest state to adopt "gift ban" type restrictions on interactions…more

Comment Period, Drug & Alcohol Abuse, Health Care Providers, Manufacturers, Meals-Gifts-and Entertainment Rules

See all updates »