Author Info for Amundsen Davis LLC

Beverly Alfon

[Webinar] Tenth Annual Construction Industry Legal Power Seminar - January 23rd, 8:00 am - 12:00 pm CT

Join our interdisciplinary panel of Amundsen Davis attorneys for a half-day livestream seminar highlighting the key issues and emerging trends impacting the construction industry. With an eye toward 2025 and beyond, sessions…more

Best Practices, Boycotts, Construction Contracts, Construction Industry, Construction Litigation

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Molly Arranz

TCPA Compliance: Is the Upcoming Opt-Out Rule a Major Game Changer?

On April 11, 2025, there will be a new Telephone Consumer Protection Act (TCPA) revocation rule for unwanted robocalls and robotexts. This Opt-Out Rule, adopted in February 2024 by the Federal Communications Commissions (FCC),…more

Consent, Consumer Protection Laws, Corporate Counsel, FCC, Marketing

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Krissy Atterholt

Marijuana Legalization Cut From Wisconsin Governor’s Proposed Budget

Wisconsin Governor Tony Evers took another swing at legalizing cannabis in his proposed 2025-27 budget and struck out. On May 8, 2025, the Wisconsin Legislature’s Joint Finance Committee eliminated marijuana legalization from…more

Cannabis Products, Controlled Substances, Decriminalization of Marijuana, Marijuana, Medical Marijuana

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Heather Bailey

Department of Labor Clarifies Management Cannot Keep Tips From a Tip Pool and Reverts Back to the Dual Jobs Rule

In January, the U.S. Department of Labor (DOL) issued an opinion letter clarifying managers and supervisors still cannot receive or keep tips, including from a tip pool. This came shortly after the DOL restored the dual jobs…more

Department of Labor (DOL), Employment Policies, Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules

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Ronald Balfour

Best Business Practices to Prevent or Reduce the Risk of Wire Transfer Fraud

Cyber fraud has been around as long as the internet itself, but cyber criminals are more sophisticated than ever. While any experienced email user can spot a phony “Nigerian Prince” a mile away, even the most vigilant businesses…more

Bad Actors, Business E-Mail Compromise (BEC), Cyber Crimes, Employee Training, Fraud

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Betsy Ballek

Patience Required: New Federal Court Opinion On The Application Of COVID-19 Immunities

We are all aware of the Illinois Immunity Orders put in place to provide protections for health care providers related to care and treatment of patients during the COVID-19 pandemic. A recent federal court opinion suggests that…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Evidence, Executive Orders, Governor Pritzker

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Michael Barnes

Third-Party Litigation Financing and Illinois’ Attempt to Regulate Has Implications for the Transportation Industry

Third-party litigation financing is something defendants, and the transportation industry in particular, will likely increasingly see in lawsuits filed in Illinois. Generally, third-party litigation financing or funding is where…more

Contract Terms, Illinois, Investment, Litigation Funding, Settlement

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Michael Bendel

[Webinar] Breakfast Briefing: Navigating IP Rights in the AI Boom - May 7th, 12:00 pm - 1:00 pm CT

Artificial intelligence (AI) is increasingly being integrated into business models across industries and it is not hard to see why. After all, it can increase operational efficiency and reduce costs by quickly creating original…more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Ownership, Intellectual Property Litigation

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Marissa Borschke

Ohio Employers: New Pay Stub Protection Act Requirements

Ohio businesses, take note: A new state law requires employers to provide employees with detailed earnings and deductions statements. Before this, Ohio was one of few states where employees did not have the right to receive pay…more

Employee Benefits, Employee Rights, Employer Liability Issues, Employment Policies, Fair Labor Standards Act (FLSA)

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Lew Bricker

Illinois Executive Order Allows Testing Of Autonomous Vehicles

On October 25, 2018, Governor Bruce Rauner signed an executive order allowing for the testing of autonomous vehicles in Illinois. Illinois joins Arizona, California and Pennsylvania, which are currently testing autonomous…more

Automotive Industry, Connected Cars, Driverless Cars, State and Local Government, Technology Sector

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Elisabeth Townsend Bridge

What To Do about Brexit?

As U.S. businesses expand their world-wide sales and operations, they increasingly seek trademark and patent protection for their intellectual property assets in other jurisdictions outside the United States, including Europe…more

EU, European Union Trade Mark (EUTM), Intellectual Property Protection, Patents, Trademark Registration

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Rebecca Bush

Court Ruling Hamstrings IRS Enforcement of ACA Employer Mandate

On April 10, 2025, a federal court in Texas issued an opinion in the case of Faulk Co. v. Becerra that significantly impacts how the Affordable Care Act’s (ACA) employer mandate can be enforced. The ruling effectively prevents…more

Affordable Care Act, Appeals, Constitutional Challenges, Corporate Counsel, Department of Health and Human Services (HHS)

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Joe Carlasare

Cryptocurrency And The Bipartisan Infrastructure Bill: Two Competing Amendments And Their Implications For The Crypto Industry

The long-awaited infrastructure bill took a new turn in recent days as a bipartisan group of senators filed an amendment which would clarify the cryptocurrency-related provisions buried in the legislation. Senators Ron Wyden…more

Brokers, Cryptocurrency, Digital Assets, Infrastructure, IRS

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Asha Cermak

Deadline to Object to Public Release of EEO-1 Report

Federal contractors have until December 9, 2024, to file an objection to the public release of their Type 2 Consolidated EEO-1 Report for the year 2021. Failure to submit an objection by this deadline could result in the…more

EEO-1, Equal Employment Opportunity Commission (EEOC), Federal Contractors, Filing Deadlines, FOIA

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Michael Chang

BIPA Reform on the Horizon: Illinois Legislature Passes Significant Legislation Eliminating Per-Scan Damages

The first—and a significant—amendment to the Illinois Biometric Privacy Act (BIPA) has just passed both chambers of the Illinois legislature and is headed to Governor Pritzker for approval. SB2979 amends BIPA to address the…more

Biometric Information, Biometric Information Privacy Act, Damages, Governor Pritzker, Illinois

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Michael Cocciemiglio

Steps To Take To Prepare For COVID Claims NOW

Over the past few months, COVID workers’ compensation claims and third-party lawsuits have been popping up around the country. Most recently – in Illinois – the family of a woman who died of complications related to COVID-19…more

Coronavirus/COVID-19, Failure to Accommodate, OSHA, Reporting Requirements, Third-Party Liability

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Michael Cortina

CFPB May Lose Ability to Enforce Regulations In-House

On May 12, 2025, the Consumer Financial Protection Bureau (CFPB) filed a notice that seeks to rescind changes made in 2022 for administrative adjudications. FinanceThe rules for administrative adjudications allowed the CFPB to…more

Consumer Financial Protection Bureau (CFPB), Enforcement Actions, Financial Institutions, Financial Regulatory Reform, Lenders

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Dennis Cotter

California Court Opens the Litigation Floodgate Re: COVID-19 Exposure in the Workplace

In See’s Candies v. Ek, a California Appellate Court ruled that the plaintiff’s claims against her employer for negligence were not preempted by the exclusivity provisions of the California Workers’ Compensation Act; thus,…more

Appellate Courts, CA Supreme Court, Coronavirus/COVID-19, Infectious Diseases, Occupational Exposure

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Caroline Mazurek Cozzi

Minimizing Product Liability Risks Caused by AI: Practical Tips for Businesses

The use of artificial intelligence AI (AI) touches many sectors in the United States, and the business world is no exception. While this exciting development has proven useful for many businesses, it is also a new source of…more

AI Act, Algorithms, Artificial Intelligence, Best Practices, Compliance

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John D'Jock

PFAS: Protecting Your Business From ‘Forever Chemical’ Litigation

Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a group of nearly 15,000 chemicals with heat, grease, oil, water, and stain resistant properties. They may be found in consumer products like food packaging, non-stick…more

Contamination, Disclosure Requirements, Environmental Assessments, Environmental Protection Agency (EPA), Manufacturers

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Kevin Eismann

Preserving Harmony at the Family Cottage with an LLC

For many, Little Red Housethe family cottage holds fond memories, from connecting with loved ones to enjoying some much needed time away. However, without proper planning, the family cottage can become a source of conflict and…more

Cottage Properties, Estate Planning, Limited Liability Company (LLC), Operating Agreements, Tenants in Common

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Emily Everden

Motor Carriers Beware: Department of Labor Revises Classification of Independent Contractors Under Fair Labor Standards Act

On January 10, 2024 the U.S. Department of Labor (DOL) published a final rule (29 CFR 795) revising the DOL’s guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Independent Contractors, Misclassification, Motor Carriers

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Danielle Snyder Fadel

[Webinar] What Every Business Owner Should Know About Selling a Business - January 28th, 10:00 am - 11:00 am CST

With an active mergers and acquisitions market, you may have decided that now is the right time to sell your business. Although it is an exciting endeavor, preparing to sell is a process that begins long before your company goes…more

Accountants, Acquisitions, Board Members, Brokers, Business Development

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Daniel Faust

Nearby Road Closures Remain Non-Compensable in Indiana Eminent Domain Proceedings

On October 10, 2023, the Indiana Supreme Court denied a landowner’s petition to transfer filed in the matter of State of Indiana v. The Market Place at State Road 37, LLC, et al., 22A-PL-2765 (May 17, 2023), and as a result,…more

Appellate Courts, Condemnation, Easements, Eminent Domain, IN Supreme Court

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Luke Fedlam

What is the House v. NCAA settlement and how does this ruling affect college sports?

The final approval hearing of House v. NCAA—widely recognized as a landmark decision that will fundamentally alter the future of college athletics—was held today, April 7, 2025. The hearing’s main objective is to allow objectors…more

College Athletes, Colleges, Educational Institutions, Gender Equity, NCAA

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Timothy Feldhausen

Is Nothing Sacred? Cyberattacks May Impact Director and Officer Fiduciary Duties

MGM Resorts is the latest victim of a cyberattack occurring on September 10th, which has set back the gambling and leisure giant substantially, both in terms of business function and income. MGM is not alone. Household names…more

Casinos, Cyber Attacks, Cyber Crimes, Cyber Threats, Cybersecurity

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Sidney Marie Fimiani

Minimizing Product Liability Risks Caused by AI: Practical Tips for Businesses

The use of artificial intelligence AI (AI) touches many sectors in the United States, and the business world is no exception. While this exciting development has proven useful for many businesses, it is also a new source of…more

AI Act, Algorithms, Artificial Intelligence, Best Practices, Compliance

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Margaret Firnstein

Defense Of COVID-19 Bodily Injury Litigation In Illinois

Should we expect bodily injury claims to be made and litigation to be filed in Illinois after “shelter in place orders” are lifted? Probably. It’s Illinois! With fewer car accidents and trip and falls happening during…more

Bodily Injury, Coronavirus/COVID-19, Insurance Claims, Premises Liability, Property Owners

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Anne Fishbeck

7th Circuit Again Upholds Preemption of Negligent Hiring Claims Against a Freight Broker

The Seventh Circuit Court of Appeals recently issued another important ruling for brokers, upholding that a claim for negligent hiring against a freight broker was preempted by the Federal Aviation Administration Authorization…more

Appellate Courts, Brokers, Employer Liability Issues, Employment Litigation, Federal Aviation Administration (FAA)

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Eric Fogel

SEC Drops Case Against Coinbase: What Are the Implications for Other Cryptocurrency Cases With the SEC?

On February 21, 2025, the Securities and Exchange Commission (SEC) announced it was dropping its case against Coinbase. In 2023, the SEC sued Coinbase for operating an unregistered exchange that sold unregistered securities…more

Compliance, Cryptocurrency, Digital Assets, Enforcement Actions, Investment

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Ngosong Fonkem

Federal Trade Court Rules Trump Administration’s Use of Emergency Commerce Law to Impose Broad Tariffs Was Unlawful

On May 28, 2025, the United States Court of International Trade (“CIT”) determined that the Trump administration’s use of the International Emergency Economic Powers Act (“IEEPA”) to impose (1) overly broad worldwide reciprocal…more

Appeals, China, Constitutional Challenges, Court of International Trade, Imports

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Khadija Ghani

Motor Carriers Beware: Department of Labor Revises Classification of Independent Contractors Under Fair Labor Standards Act

On January 10, 2024 the U.S. Department of Labor (DOL) published a final rule (29 CFR 795) revising the DOL’s guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Independent Contractors, Misclassification, Motor Carriers

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Max Goodman

Why Family Law Attorneys Should Consult With a Defamation Attorney

Contentious divorces often involve years-long battles over child custody, asset division, and spousal support. False claims of infidelity, domestic violence, child abuse, or financial misconduct are unfortunately common in…more

Attorney's Fees, Child Custody, Defamation, Divorce, Family Law Courts

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Darren Grady

A Major Step Towards Reform: The DEA Recommends Rescheduling Cannabis

In a recent historic announcement, the U.S. Drug Enforcement Administration has determined that cannabis, which is currently categorized as a Schedule I drug under the Controlled Substances Act (CSA), should be rescheduled to…more

Controlled Substances Act, DEA, Decriminalization of Marijuana, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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Laura Grebe

[Webinar] Breakfast Briefing: Navigating IP Rights in the AI Boom - May 7th, 12:00 pm - 1:00 pm CT

Artificial intelligence (AI) is increasingly being integrated into business models across industries and it is not hard to see why. After all, it can increase operational efficiency and reduce costs by quickly creating original…more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Ownership, Intellectual Property Litigation

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Katherine Hampel

New Merger Review Process: How to Prepare for Your Next Filing

The Hart-Scott-Rodino (HSR) Act is a federal law that requires parties to a future business sale transaction to disclose certain information to determine that the transaction does not violate antitrust laws and harm competition…more

Acquisitions, Antitrust Provisions, Competition, Corporate Counsel, Department of Justice (DOJ)

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Ann Barry Hanneman

DOL’s Announcement Pausing Enforcement of 2024 Independent Contractor Rule Signals Future Change to Come

On May 1, 2025, the U.S. Department of Labor (DOL) announced it is reconsidering the 2024 Independent Contractor Rule (2024 Rule), which made it more difficult for businesses to classify independent contractors under the Fair…more

Department of Labor (DOL), Employer Responsibilities, Enforcement Actions, Fair Labor Standards Act (FLSA), Independent Contractors

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Peter Hansen

U.S. Supreme Court Overturns “Chevron Deference” – Weakens Governmental Agency Power

On Friday Supreme Court the Supreme Court issued a highly anticipated ruling that will strip federal administrative agencies of a significant amount of power. In brief, the Supreme Court’s Loper Bright Enters. v. Raimondo…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

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Brandt Hardy

Silence is Not Always Golden: Land v. IU Credit Union

The spate of class-actionGavel with Cash lawsuits against banks and credit unions (“Financial Institutions”) involving overdraft fees has prompted Indiana Financial Institutions to amend their existing account agreements to…more

Addendums, Arbitration, Class Action, Credit Unions, Financial Institutions

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John Hayes

Federal Court Rules Employer Did Not Violate Illinois Privacy Law for Firing Worker Testing Positive for Cannabis

It seems like a lifetime ago that we first posted on the legalization of cannabis in Illinois and its effect on Illinois employers, way back in November 2019. At that time we provided a detailed overview of the clarifications…more

Decriminalization of Marijuana, Drug Testing, Illinois, Privacy Acts, Recreational Use

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Alexis Hedtke

How Businesses Can Enforce Trademark Registrations

Trademark registrations are a great tool for business owners to protect their brand identity. Unlike some other forms of intellectual property protection, trademarks can last forever provided that they are actively used and…more

Brand, Enforcement Actions, Lanham Act, Likelihood of Confusion, Trademark Enforcement

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Joseph Heino

I Paid for That Software to Be Developed, So Why Don’t I Own It?

You may believe that your company has an unfettered right to do what it wants with a computer program created by its workers—but that may not be the case. Consider the two similar scenarios below: Suppose that your company…more

Authorship, Contract Terms, Copyright, Copyright Infringement, Employment Contract

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Matthew Horn

[Webinar] Tenth Annual Construction Industry Legal Power Seminar - January 23rd, 8:00 am - 12:00 pm CT

Join our interdisciplinary panel of Amundsen Davis attorneys for a half-day livestream seminar highlighting the key issues and emerging trends impacting the construction industry. With an eye toward 2025 and beyond, sessions…more

Best Practices, Boycotts, Construction Contracts, Construction Industry, Construction Litigation

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Michael Hughes

NLRB Shakeup: Trump Removes Two NLRB Officials

President Trump has ousted National Labor Relations Board (NLRB)Labor Law General Counsel Jennifer Abruzzo—a move that mirrors former President Biden’s unprecedented removal of the board’s general counsel four years ago…more

Department of Labor (DOL), Donald Trump, Hiring & Firing, Labor Law Violations, Labor Reform

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Ryan Jacobson

[Webinar] Cancelling Cancel Culture: How to Safeguard Your Reputation - September 15th, 12:00 pm - 1:00 pm CT

With the prevalence of social media, online reviews and merciless labor organizations, companies and their executives are extremely vulnerable to bad publicity. Attacks and bad press can come for good reason or sometimes no…more

Online Reputation, Public Relations, Reputation Management, Reputational Injury, Webinars

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Christopher Jaekels

Forever Chemicals (PFAS) in Real Estate Transactions: Avoiding Forever Consequences

What are PFAS and What’s the Big Deal? PFAS, short for per- and poly-fluoroalkyls substances are man-made chemicals used to make hundreds of products for home and industry use, ranging from stain proofing and waterproofing to…more

ASTM, Commercial Real Estate Contracts, Contamination, Environmental Remediation Costs, PFAS

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David Johnson

The New Final Rule Regarding Crane Operator Qualification

On November 9, 2018, OSHA published in the Federal Register the new Final Rule (link found below) regarding the qualification requirements for crane operators. Key dates to be aware of are:…more

Certifications, Construction Cranes, Construction Industry, Operators, OSHA

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Lisa Johnson

Contractual Considerations for Short-Term Rentals

Property owners (“Owners”) interested in engaging in short-term leases should carefully consider the structure of their contracts (“Leases”). Anticipating potential disputes and consequences is essential for avoiding future…more

Common Areas, Contract Terms, Leases, Property Owners, Short-Term Lease

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David Jose

CMS Issues Telehealth Toolkit

On April 23, 2020 the Centers for Medicare & Medicaid Services (CMS) issued a “toolkit” intended to help accelerate the adoption of broader telehealth coverage policies in Medicaid and Children’s Health Insurance Programs…more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Coronavirus/COVID-19, Medicaid, Telehealth

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Martin Kiernan

Legislation Introduced to Support New and Rural Banks by Easing Regulatory Requirements

On January 16, 2025, Representative Andy Barr (R-KY) introduced a bill aimed at increasing the formation of new banks by easing regulatory requirements, particularly for de novo and rural financial institutions. The legislation…more

Banking Sector, Capital Requirements, Community Development, Depository Institutions, Financial Institutions

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Kevin Kleine

Staffing Agencies Take Note: Illinois Temporary Worker Equal Benefits Mandate Withstands Legal Challenge

On May 23, 2025, a federal court denied efforts to enjoin the Illinois Department of Labor (IDOL) from enforcing key provisions and amendments to the Illinois Day and Temporary Labor Services Act (the “Act”) that were signed…more

Appeals, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employee Rights, Enforcement Actions

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Mark Kmiecik

Tick Tock: Election to Opt-Out of Wisconsin’s New “Creditor-Friendly” LP And LLC Acts Expire December 31, 2022

Effective January 1, 2023, Wisconsin will arguably become a more creditor-friendly state for judgment creditors of an LP partner or LLC member by virtue of the additional rights afforded a judgment creditor under Chapters 179…more

Charging Orders, Creditors, Limited Liability Company (LLC), LLC Act, Opt-Outs

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Craig Kubiak

U.S. Supreme Court Upholds Catholic Charity’s Religious Exemption From Wisconsin Unemployment Tax

In a 9-0 decision authored by Justice Sonia Sotomayor, the U.S. Supreme Court overturned a ruling by the Wisconsin Supreme Court, which held that Catholic Charities Bureau Inc. (the “Charities) and its subsidiaries were not…more

Appeals, Catholic Charities Bureau Inc v Wisconsin Labor & Industry Review Commission, Constitutional Challenges, Employee Benefits, Employee Rights

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Jennifer Lacroix

Preserving Patent Rights: Impact of Public Use on Patenting

For a business planning to market a product that incorporates an invention, having an enforceable patent to protect the invention is often desirable. Two recent federal circuit cases reiterate what many patent holders and…more

Disclosure Requirements, Enforcement Actions, Intellectual Property Protection, Patent Applications, Patent Infringement

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Jamie Lane

7th Circuit Again Upholds Preemption of Negligent Hiring Claims Against a Freight Broker

The Seventh Circuit Court of Appeals recently issued another important ruling for brokers, upholding that a claim for negligent hiring against a freight broker was preempted by the Federal Aviation Administration Authorization…more

Appellate Courts, Brokers, Employer Liability Issues, Employment Litigation, Federal Aviation Administration (FAA)

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Scott Lechowicz

A Year With Mallory: Revisiting The Concept of Consenting to General Personal Jurisdiction

On June 27, 2023, Truck on highwaythe Supreme Court of the United States decided Mallory v. Norfolk Southern Railway Co., 600 U.S. 122 (2023). The divided Court upheld a Pennsylvania corporate registration statute which stated…more

Constitutional Challenges, Due Process, Foreign Corporations, General Jurisdiction, Mallory v Norfolk Southern Railway Co

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Martha Lehman

What’s In A Name? When Is A Farmer A Family Farmer Under The Bankruptcy Code?

The United States Bankruptcy Code contains a special bankruptcy chapter for family farmers with regular income. Chapter 12 of the Bankruptcy Code allows family farmers to reorganize in a preferred way. For example, a family…more

Agribusiness, Agricultural Sector, Bankruptcy Code, Chapter 11, Chapter 12

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Alice Lin

Losing Land to Eminent Domain? Plan for Tax Consequences Using an Internal Revenue Code Section 1033 Exchange

Under general tax rules, if the government takes your property through eminent domain and pays you condemnation proceeds, you may have to pay capital gains (or any depreciation recapture) tax if the condemnation proceeds exceeds…more

Capital Gains, Condemnation, Eminent Domain, Internal Revenue Code (IRC), Land Owners

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Elizabeth Lum

Will Credit Bureaus Continue to Escape Justice? Part 1: Why Consumers Suffer

On August 7, in Frazier v. Equifax Information Services, LLC, the United States Court of Appeals for the Seventh Circuit affirmed a lower court’s decision to grant summary judgment to defendant Equifax, a consumer credit…more

Consumer Credit Protection, Consumer Credit Protection Act (CCPA), Credit Bureaus, Credit Reporting Agencies, Credit Reports

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Thomas Lyman, III

A Year With Mallory: Revisiting The Concept of Consenting to General Personal Jurisdiction

On June 27, 2023, Truck on highwaythe Supreme Court of the United States decided Mallory v. Norfolk Southern Railway Co., 600 U.S. 122 (2023). The divided Court upheld a Pennsylvania corporate registration statute which stated…more

Constitutional Challenges, Due Process, Foreign Corporations, General Jurisdiction, Mallory v Norfolk Southern Railway Co

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Andrew MacDonald

Estate Planning for Young Adults: Essential Documents as Your Child Heads to College

As your child approaches their milestone 18th birthday, it's crucial to understand the changes and responsibilities that accompany reaching the age of majority in the eyes of the law. This moment marks their transition into…more

Adult Children, Durable Power of Attorney, Estate Planning, Living Will, Medical Directives

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Brandt Madsen

UAS Integration Program - Up And Running

President Trump's administration has announced the creation of a new Integration Pilot Program. According to the president, “Our nation will move faster, fly higher, and soar proudly toward the next great chapter of American…more

Airspace, Commercial Use, Drones, Federal Aviation Administration (FAA), Part 107

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Debra Mastrian

Deadline to Object to Public Release of EEO-1 Report

Federal contractors have until December 9, 2024, to file an objection to the public release of their Type 2 Consolidated EEO-1 Report for the year 2021. Failure to submit an objection by this deadline could result in the…more

EEO-1, Equal Employment Opportunity Commission (EEOC), Federal Contractors, Filing Deadlines, FOIA

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Patrick Mastrian III

What a Tracking Technology Class Action Lawsuit Can Teach Financial Institutions

Financial institutions that use code-based tracking technologies may soon find themselves facing increased scrutiny and legal exposure as the next wave of class action litigation begins. On December 19, 2024, a member of…more

Class Action, Consent, Credit Unions, Data Collection, Data Privacy

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Jacqueline Lentini McCullough

H-1B Modernization Rule Finalized

The Department of Homeland Security has announced a comprehensive update to the H-1B visa program, set to take effect on January 17, 2025. This modernization introduces new flexibilities, strengthens oversight, and provides…more

Department of Homeland Security (DHS), F-1 Visa, Final Rules, Foreign Workers, Form I-129

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Michael McGrory

Missouri Says "Yes" To Medical Marijuana - What To Know Now

While the official tally is not yet in, it became clear late Tuesday night that Missouri voters have chosen to legalize medical marijuana in their state. Missouri citizens voted to adopt Amendment 2, or the New Approach…more

Ballots, Business Formation, Decriminalization of Marijuana, General Elections, Medical Marijuana

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Edna McLain

Keeping an Eye on PHI: OCR Guidance Concerning Permissible Disclosures of Reproductive Health PHI following Dobbs

On June 29, 2022, the U.S. Department of Health and Services’ Office for Civil Rights (OCR) issued guidance for healthcare providers and patients concerning the privacy protections afforded to a patient’s health information…more

Abortion, Disclosure, Dobbs v. Jackson Women’s Health Organization, Health Insurance Portability and Accountability Act (HIPAA), HIPAA Privacy Rule

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Raymond Melton

Contractors Considered Essential Workers During Shelter-In-Place Orders

Across the country, various jurisdictions have issued orders requiring citizens to stay at home or at their place of residence unless an exemption applies. Roofing contractors and other businesses that utilize insurance funded…more

Contractors, Coronavirus/COVID-19, Health and Safety, Public Health, Shelter-In-Place

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Laurie Meyer

FMLA, State-Mandated, or Employer-Sponsored Leave? New U.S. Department of Labor Guidance for Employers Tries to Answer Tricky Questions

As states and cities have created new paid family and medical leave requirements for employers, the layers of overlapping regulation have left even the most seasoned employee benefits professionals and leave administrators with…more

Department of Labor (DOL), Employee Benefits, Family and Medical Leave Act (FMLA), Medical Leave, New Guidance

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Margaret Miles

The Do’s and Don’ts of Intermittent Leave Under the Family and Medical Leave Act

Intermittent leave can pose logistical issues for employers trying to ensure consistency in business operations. Family and Medical Act Leave Act (FMLA) leave is most often taken as "block leave"—i.e., uninterrupted days, weeks,…more

Family and Medical Leave Act (FMLA), Intermittent Leave, Labor Regulations, Paid Leave, Paid Time Off (PTO)

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Christopher Miller

Re-Classification Coming: NLRB Poised to Change the Test for Misclassification and Ramp Up Enforcement Efforts

On December 27, 2021, the NLRB entered a formal Notice and Invitation for briefing from the public to aid in its consideration of: (1) overturning the independent-contractor standard established in SuperShuttle DFW, Inc., 367…more

Classification, Department of Labor (DOL), Independent Contractors, NLRB

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Kim Morgan

[Webinar] Leadership & Management 2024 Certification Training | RECRUITING AND ONBOARDING EMPLOYEES - September 11th, 12:00 pm - 2:00 pm CST

Proper and meaningful employee onboarding is essential. Learn best practices for effective hiring and initial onboarding to help diminish problems down the road. Interviewing, background and reference checks, as well as actual…more

Background Checks, Best Management Practices, Employee Retention, Employee Training, Employees

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Keith Mundrick

5 Reasons Your Bank Needs an AI Policy (Right Now)

Banks of all sizes must confront the rapid integration of artificial intelligence within their institutions (and everywhere, for that matter). AI tools are already widely used, often without proper oversight, as employees and…more

Algorithms, Artificial Intelligence, Banks, Competition, Data Privacy

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John Ochoa

Website Accessibility Lawsuits Are on the Rise – Are You Compliant?

There are various state and federal laws that prohibit discrimination against disabled individuals. The best known of these is the Americans with Disabilities Act (“ADA”), which requires that places of public accommodation be…more

Americans with Disabilities Act (ADA), Disability Discrimination, Goods or Services, Public Accommodation, Website Accessibility

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Courtney Oliver

Indiana Lawmakers Pass Bill Prohibiting Noncompete Agreements Between Hospitals and Physicians

When Indiana’s 2025 legislative session concluded on April 25, bills with significant implications for hospitals were approved. This alert addresses one of those bills—Senate Enrolled Act 475 (SEA 475)—which prohibits hospitals…more

Employee Rights, Employment Contract, Healthcare, Hospitals, New Legislation

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Suzannah Wilson Overholt

Developing Effective Workplace Violence Programs in Health Care: Protecting Those Who Care for Us

High rates of violent acts against heath care workers pose a serious risk to the safety and wellbeing of the medical and support professionals on the front lines of patient care. Studies show that health care workers are five…more

Employee Rights, Employee Training, Healthcare Facilities, Healthcare Workers, Hospitals

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Stephen Pauwels

FMLA, State-Mandated, or Employer-Sponsored Leave? New U.S. Department of Labor Guidance for Employers Tries to Answer Tricky Questions

As states and cities have created new paid family and medical leave requirements for employers, the layers of overlapping regulation have left even the most seasoned employee benefits professionals and leave administrators with…more

Department of Labor (DOL), Employee Benefits, Family and Medical Leave Act (FMLA), Medical Leave, New Guidance

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Daniel Peters

COVID -19 And Business Interruption Claims

As COVID-19 inflicts a disheartening human toll in the United States and throughout the world, officials balance science, politics and policy in determining appropriate responses to the health crisis and the immense economic…more

Business Closures, Business Disruption, Business Interruption, Coronavirus/COVID-19, Infectious Diseases

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Vic Peterson

Treasury Department Announces Suspension of Enforcement of Corporate Transparency Act

The U.S. Department of the Treasury has announced plans to significantly reduce the number of entities that must report under the Corporation Transparency Act (CTA) In a press release dated March 2, 2025, the Treasury…more

Beneficial Owner, Corporate Transparency Act, Enforcement Actions, Filing Deadlines, FinCEN

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Thomas Pienkos

Preserving Patent Rights: Impact of Public Use on Patenting

For a business planning to market a product that incorporates an invention, having an enforceable patent to protect the invention is often desirable. Two recent federal circuit cases reiterate what many patent holders and…more

Disclosure Requirements, Enforcement Actions, Intellectual Property Protection, Patent Applications, Patent Infringement

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Julie Proscia

“Red Light, Green Light”: Federal Court Blocks Trump’s DEI Executive Orders

The past few weeks have seen a series of judicial ”Red Light, Green Light” games. On February 21, 2025, a U.S. District Court judge in National Association of Diversity Officers in Higher Education, et al. v. Donald J. Trump,…more

Civil Rights Act, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination, Executive Orders

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Madison Renard

California Court Affirms Employers Can Use Standing Meal Period Waiver for Employees Working Six Hours or Less

On April 21, 2025, a California Court of Appeal held employees working six hours or less in a single workday can prospectively waive their mandatory meal periods. The ruling provided clarification on a long-standing question:…more

Appeals, California, Employee Rights, Employer Responsibilities, Employment Litigation

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Jeffrey Risch

Lowering the Legal Standard for Establishing Workplace Harassment Claims

In the wake the U.S. Supreme Court’s April 2024 decision in Muldrow v. City of St. Louis, some federal courts feel compelled or justified applying the same rationale to lower the standard to prove up workplace harassment claims…more

Anti-Harassment Policies, Arbitration, Arbitration Agreements, Employee Rights, Employment Discrimination

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Mikal Roberson

Does My Company Qualify for Wisconsin’s Voluntary Disclosure Program?

Taxes and their applicable laws can be confusing for even the most savvy businesspeople. For any number of reasons, businesses and individuals fall out of compliance with tax reporting requirements and become exposed to…more

Business Entities, Business Taxes, Corporate Taxes, Department of Revenue, Filing Requirements

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Ruth Robinson

Rural Illinois Data Center Boom: Landowners, Are You Ready?

Artificial Intelligence (“AI”) is coming and it is coming fast. It is poised to transform industries, automate complex tasks, analyze data faster, and supposedly make smarter decisions for businesses. Rural AmericaIn particular,…more

Artificial Intelligence, Commercial Real Estate Market, Contract Terms, Data Centers, Electricity

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Emilie Rohde

Actual vs. Apparent Authority: Limiting Business Liability From Unauthorized Employee Actions

As a business grows and adds new members to the team, it can be difficult to identify what role each person plays and their level of authority. While some have the ability to make important decisions on behalf of the business,…more

Best Practices, Contract Terms, Employee Rights, Employees, Employer Liability Issues

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Eric Samore

BIPA Strikes Again: $228 Million Verdict Awarded in First BIPA Jury Trial

If companies that employ Illinois residents and use any type of equipment to scan fingers, hands, face, or eyes were not yet aware of and concerned by the Illinois’ biometric privacy law, the Illinois Biometric Privacy Act…more

Biometric Information, Biometric Information Privacy Act, Consent, Data Collection, Data Privacy

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Jack Sanker

[Webinar] Tenth Annual Construction Industry Legal Power Seminar - January 23rd, 8:00 am - 12:00 pm CT

Join our interdisciplinary panel of Amundsen Davis attorneys for a half-day livestream seminar highlighting the key issues and emerging trends impacting the construction industry. With an eye toward 2025 and beyond, sessions…more

Best Practices, Boycotts, Construction Contracts, Construction Industry, Construction Litigation

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Timm Schowalter

Goodbye to Missouri’s Paid Sick Leave Law: State General Assembly Passes Law to Repeal Sick Leave and Future Minimum Wage Increases

As anticipated, the Missouri General Assembly passed House Bill 567 (H.B. 567), which repeals certain provisions of Proposition A—most notably, the entire Missouri paid sick time law. Governor Kehoe is expected to sign the bill…more

Compensation & Benefits, Employee Benefits, Employee Rights, Employer Responsibilities, Minimum Wage

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Emily Schroeder

Third-Party Litigation Financing and Illinois’ Attempt to Regulate Has Implications for the Transportation Industry

Third-party litigation financing is something defendants, and the transportation industry in particular, will likely increasingly see in lawsuits filed in Illinois. Generally, third-party litigation financing or funding is where…more

Contract Terms, Illinois, Investment, Litigation Funding, Settlement

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Andrew Seiber

Employee Drivers: They did What?! When Company Drivers Act Outside The Scope Of Employment

Your employee drivers are the face of the company. But what about the times when your employee drivers are “off the clock” and no longer bound by their regular employment rules and regulations? For example, would your company…more

Employer Liability Issues, FMCSA, Motor Carriers, Wage and Hour

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David Sethi

The Impact of Cook County’s Increase in Referrals to the Law Division Mandatory Arbitration Program

The significant increase in Cook County law division cases referred to the mandatory arbitration program in 2024 may have a surprisingly positive impact on the transportation industry. With verdicts on the rise, the arbitration…more

Arbitration Awards, Bodily Injury, Commercial Litigation, Legal Fees, Mandatory Arbitration

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Michael Shaw

Navigating the Future: Essential Steps for Estate Planning After the Loss of a Loved One

Death is never an easy subject to discuss. No matter how many times it touches our lives, it never gets any easier. Every time a loved one is taken from us, the pain is fresh, and it lasts. Coupled with the pain is the stress…more

Asset Management, Beneficiaries, Estate Planning, Trustees, Trusts

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Mark Sickles

Federal Motor Carrier Safety Administration (FMCSA) Holding CMV Drivers Accountable

Big changes are in store for commercial driver’s license (CDL) holders who test positive for drugs or alcohol. In October 2021, FMCSA issued a final rule aimed to improve highway safety. Under the rule, CDL holders with drug…more

Alcohol Testing, Commercial Driving Licenses, Drug Testing, FMCSA, Ford Motor

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Steven Sims

Patience is a Virtue: Landmark Federal M&A Broker Exemption Effective March 29, 2023

Business brokers and intermediaries who are active in the lower end of the M&A middle market have been lobbying Congress for 10 years to enact a limited exemption from broker registration under the Securities Exchange Act of…more

Brokers, Exemptions, M&A Brokers, Privately Held Corporations, Registration

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Laurie Smigielski

When External Vendors Create Internal Problems: Managing Harassment from Outside Sources

Most employers have policies and procedures in place to maintain an atmosphere of safety and mutual respect in the workplace. These policies often prohibit employees from engaging in unlawful behavior, such as harassment,…more

Discrimination, Employer Liability Issues, Harassment, Policies and Procedures, Third-Party

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Ryan Spott

Wisconsin Real Estate Property Taxes: Biennial Exemption Report Filing Deadline – March 31, 2024

The City of MilwaukeeHouse with Calculator (and various other municipalities) has sent its Biennial Property Tax Exemption Report and Filing Fee Notices. Owners of tax-exempt real property in Wisconsin must file a Form PC-220…more

Appraisal, Churches, Educational Institutions, Exemptions, Filing Fees

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Daniel Spungen

Banking Regulators Signal Change in Cryptocurrency Approach

The current administration has indicated an intention for the U.S. to be a leader in the cryptocurrency industry, as discussed in the recent webcast Bank Regulatory Agency Update Under DOGE: What Every Financial Institution…more

Banking Sector, Cryptocurrency, Digital Assets, FDIC, Federal Reserve

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Paul Struebing

When Compliance May Not Be Enough: Takeaways From a $462 Million Missouri Verdict

A Missouri jury recently entered a $462 million product liability verdict against trailer manufacturer Wabash National Corporation. The 2019 underride accident occurred when the driver, with a blood alcohol level over the legal…more

Comparative Negligence, Compliance, Discovery, Drunk Driving, Evidentiary Standards

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Jennifer Stuart

Illinois Pre-Judgment Interest Statute Declared Unconstitutional

On May 27, 2022, Judge Marcia Maras in the Circuit Court of Cook County issued a memorandum, holding Illinois’s recently enacted prejudgment interest statute unconstitutional, and holding that the legislation violated both the…more

Bodily Injury, Damages, Illinois, Jury Trial, Prejudgment Interest

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Moses Suarez

[Webinar] Health Care Compliance: Developing and Implementing an Effective Program - July 23rd, 12:00 pm CT

Join Suzannah Wilson Overholt and Moses Suarez for a discussion of federal guidance impacting compliance programs in the health care setting and critical steps in implementing those programs, including the roles of risk managers…more

Chief Compliance Officers, Chief Risk Officers (CRO), Compliance, Compliance Commitees, Fraud and Abuse

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Kelly Haab-Tallitsch

Staffing Agencies Take Note: Illinois Temporary Worker Equal Benefits Mandate Withstands Legal Challenge

On May 23, 2025, a federal court denied efforts to enjoin the Illinois Department of Labor (IDOL) from enforcing key provisions and amendments to the Illinois Day and Temporary Labor Services Act (the “Act”) that were signed…more

Appeals, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employee Rights, Enforcement Actions

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John Tanselle

Has Spring Finally Arrived for Indiana Financial Institutions and their Deposit Accounts?

This past week, Indiana Governor Eric Holcomb signed H.B. 1284 and S.B. 188 into law, each of which will become effective on July 1, 2024. H.B. 1284 was authored in response to the recent Indiana Supreme Court holding in Land…more

Credit Unions, Deposit Accounts, Depository Institutions, Financial Institutions, Governor Holcomb

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Joseph Tierney IV

Local Governance Expand Influence over Commercial Building

A seemingly small win for birds could potentially have big implications for builders. A recent court of appeals decision may impact commercial buildings and construction. In Wisconsin, a statewide commercial building code…more

Building Codes, Commercial Property Owners, Construction Site, Local Ordinance

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Karen Tobin

Treasury Department Announces Suspension of Enforcement of Corporate Transparency Act

The U.S. Department of the Treasury has announced plans to significantly reduce the number of entities that must report under the Corporation Transparency Act (CTA) In a press release dated March 2, 2025, the Treasury…more

Beneficial Owner, Corporate Transparency Act, Enforcement Actions, Filing Deadlines, FinCEN

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Larry Tomlin

What a Tracking Technology Class Action Lawsuit Can Teach Financial Institutions

Financial institutions that use code-based tracking technologies may soon find themselves facing increased scrutiny and legal exposure as the next wave of class action litigation begins. On December 19, 2024, a member of…more

Class Action, Consent, Credit Unions, Data Collection, Data Privacy

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Joe Trevino

New Legislation May Allow Carve-Out For Bypassing Wisconsin Court Of Appeals

In an unprecedented deal for the state of Wisconsin, Foxconn, a Taiwanese electronics company, has been offered an incentive package worth an estimated $3 billion to bring a manufacturing plant to southeast Wisconsin. Part of…more

Appeals, Carve Out Provisions, Incentives, Proposed Legislation

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Sofia Valdivia

Is My U.S.-Based Company Subject to the GDPR? Clearing Up European Data Privacy Law Misinformation

If you are a compliance professional for a U.S.-based company, you have probably been told at some point that you have to worry about the General Data Protection Regulation (GDPR). Have you encountered one of these situations?…more

Compliance, Consumer Privacy Rights, Data Collection, Data Privacy, Data Protection

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Michael Van Someren

Actual vs. Apparent Authority: Limiting Business Liability From Unauthorized Employee Actions

As a business grows and adds new members to the team, it can be difficult to identify what role each person plays and their level of authority. While some have the ability to make important decisions on behalf of the business,…more

Best Practices, Contract Terms, Employee Rights, Employees, Employer Liability Issues

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Erin Walsh

DC Circuit Invalidates FCC Fax Rule Effectively Closing the Door to TCPA Class Actions Based on Alleged Violations

The D.C. Circuit Court of Appeals held that the Federal Communications Commission (“Commission”) overstepped its authority in 2006 when it implemented the Solicited Fax Rule, which requires all fax advertisements — even those…more

Advertising, Faxes, FCC, Opt-Outs, TCPA

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Kay Weiler

You’ve Been Trolled: Assessing A Copyright Infringement Cease And Desist Letter

Almost every company’s web site has one or more photographs. Maybe yours have been in use for years. You don’t remember where or how you got them, but you like them. They look good. They illustrate your product or service. You…more

Cease and Desist, Copyright, Copyright Infringement, Photographs, Websites

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John Williams

Is My U.S.-Based Company Subject to the GDPR? Clearing Up European Data Privacy Law Misinformation

If you are a compliance professional for a U.S.-based company, you have probably been told at some point that you have to worry about the General Data Protection Regulation (GDPR). Have you encountered one of these situations?…more

Compliance, Consumer Privacy Rights, Data Collection, Data Privacy, Data Protection

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Joey Wright

Balancing Beliefs and Business: What Employers Need to Know About Religious Accommodations in the Workplace

As modern workplaces grow increasingly diverse, employers must be prepared to accommodate employees’ religious practices and observations in a respectful, inclusive, and lawful manner. Title VII of the Civil Rights Act of 1964…more

Best Practices, Compliance, Employee Rights, Employee Training, Employer Responsibilities

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Sara Zorich

California Court Affirms Employers Can Use Standing Meal Period Waiver for Employees Working Six Hours or Less

On April 21, 2025, a California Court of Appeal held employees working six hours or less in a single workday can prospectively waive their mandatory meal periods. The ruling provided clarification on a long-standing question:…more

Appeals, California, Employee Rights, Employer Responsibilities, Employment Litigation

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