Author Info for Stinson LLP

Joel Abrahamson

Auto Service Advisors are Exempt Under the FLSA

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

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

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Marc Albert

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

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Asma Ali

SEC Staff Posts Conflicts of Interest Guidance for Broker-Dealers and Investment Advisers

On August 3, 2022, the Securities and Exchange Commission (SEC) staff published a Q&A-Styled Bulletin focused on conflicts of interest under the Investment Advisers Act of 1940 (Advisers Act) and Regulation Best Interest (Reg… more

Broker-Dealer, Conflicts of Interest, Financial Services Industry, Investment Adviser, Investment Advisers Act of 1940

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Amy Anderson

Marketing Partnerships with Olympic Athletes: Is it Worth the Effort for Cannabis Brands?

As the 2024 Paris Olympics draws near, many brands are eager for an opportunity to partner with Olympic athletes to enhance brand visibility and grow market share in competitive industries. In particular, brands participating in… more

Advertising, Athletes, Brand, Business Development, Cannabis Products

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Volha Andreyeva

President Trump's Immigration Executive Order Blitz

With a blitz of executive orders in his first few days in office, President Donald Trump is focused on making swift changes impacting immigration. Foreign nationals and U.S. companies employing foreign nationals may be directly… more

Department of Homeland Security (DHS), Executive Orders, Foreign Nationals, Foreign Workers, Form I-9

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Judith Araujo

Colorado Legislation Tackles Algorithmic Discrimination in AI

Colorado is the first state to enact a comprehensive artificial intelligence (AI) law to protect consumers against discrimination after a nearly identical bill failed to pass in Connecticut. The purpose of the Colorado… more

Algorithms, Artificial Intelligence, Automation Systems, Colorado, Contract Drafting

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Christina Arnone

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

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

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

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Janae Aune

FinCEN Proposes Expanding AML Rules to Investment Advisers

On February 13, 2024, the Financial Crimes Enforcement Network (FinCEN) of the U.S. Department of Treasury (Treasury) issued a "Notice of proposed rulemaking" (proposed rule) that would require Securities Exchange Commission… more

AML/CFT, Anti-Money Laundering, Beneficial Owner, BSA/AML, Comment Period

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David Axtell

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

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David Barnard

Justices Clarify Scope of Anti-Hacking Law

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

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

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Alexander Barrett

Missouri OA Removes Public Access to Procurement Materials, Complicating Bid Protest Analysis

Last month, the Missouri Office of Administration (OA) posted notices to the MissouriBUYS website and OA’s bid document portal announcing that the agency will be restricting public access to bid documents to avoid running afoul… more

Bid Protests, Procurement Guidelines, Public Access Laws, Public Bidding, Regulatory Reform

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Brittany Barrientos

OSHA Publishes Hotly Anticipated Proposed Heat Standard

At long last and at the tail-end of what is on track to be the hottest summer on record, the Occupational Safety and Health Administration (OSHA) issued its first proposed heat standard on August 30, 2024. OSHA's Notice of… more

Comment Period, Employees, Employer Liability Issues, Health and Safety, Heat Exposure

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Frank Basgall

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

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

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

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Deborah Bayles

HVCRE Relief for Lenders

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

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

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Sharon Beck

With Federal Restrictions Removed, a Wave of State Laws Highlights Risks of Using AI in Employment Decisions

In one of his first executive actions after retaking the White House, President Donald Trump repealed a 2023 Biden-era executive order that imposed requirements on the use of artificial intelligence (AI). It marked the first… more

Artificial Intelligence, Bias, Data Privacy, Employment Discrimination, Hiring & Firing

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David Bengtson

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

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

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

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James Bertrand

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

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Nicholas Bertron

Annual Limits on Qualified Plans for 2025

On November 1, 2024, the Internal Revenue Service (IRS) released Notice 2024-80, which sets forth the 2025 cost-of-living adjustments affecting dollar limits on benefits and contributions for qualified retirement plans. The IRS… more

Cost-of-Living Adjustment (COLA), Deductibles, Employee Benefits, Health Savings Accounts, IRS

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William Blauvelt

Election Night 2024: What's at Stake in Minnesota?

Entering the final days of the 2024 general election, Minnesota is proving once again how surprising and unpredictable it can be when election season rolls around. Less than three months ago, Vice President Kamala Harris shocked… more

General Elections, Governors, Local Elections, Members of Congress, Political Campaigns

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Douglas Boettge

Minnesota-Regulatory-Filing-Deadline-Relief

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

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

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Jack Bowling

SEC Charges Company for Undisclosed Perquisites

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

Books & Records, Disclosure Requirements, Enforcement Actions, Failure To Disclose, Foreign Corrupt Practices Act (FCPA)

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Traci Bransford

Music Modernization Act Update

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

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

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Jonah Brotman

Impact of the Inflation Reduction Act of 2022 on Renewable Energy Tax Credits

On August 16, 2022, President Biden signed the Inflation Reduction Act of 2022 (Act) into law. The Act, while not as expansive as the previously proposed Build Back Better Act, addresses numerous areas of policy and law… more

Biden Administration, Climate Change, Inflation Reduction Act (IRA), Infrastructure, Investment Tax Credits

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Jennifer Brown Ph.D.

First of its Kind Privacy Law Signals Fundamental Shift in Protection of Consumer Health Data

As more and more states consider consumer privacy laws, the first-of-its kind My Health My Data Act (the Act) could be a harbinger of health and wellness compliance requirements to come. The ramifications of Washington state's… more

Data Collection, Data Management, Data Protection, Electronic Medical Records, Electronic Protected Health Information (ePHI)

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Zachary Buchheit

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

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

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

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Anne Marie Buethe

Minneapolis Amends Its Civil Rights Ordinance to Expand Protections in Employment Decisions

On May 1, 2025, the Minneapolis City Council unanimously approved amendments to the city’s Civil Rights Ordinance, including the addition of anti-discrimination protections for height and weight in business, educational… more

Anti-Discrimination Policies, Criminal Background Checks, Employee Rights, Employer Responsibilities, Employment Discrimination

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Erin Buie

Election Night 2024: What's at Stake in Minnesota?

Entering the final days of the 2024 general election, Minnesota is proving once again how surprising and unpredictable it can be when election season rolls around. Less than three months ago, Vice President Kamala Harris shocked… more

General Elections, Governors, Local Elections, Members of Congress, Political Campaigns

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Daniel Bukovac

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

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

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

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Patrick Busch

The 2024 EEO-1 Component 1 Data Collection: Purpose, Clarification, and Time to Report

On May 20, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) announced that the 2024 EEO-1 Component 1 data collection window is now open. The timeframe for covered employers to file the report is shorter than in… more

Civil Rights Act, Employer Responsibilities, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Federal Contractors

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Samuel Butler IV

DOL Settlements Remind Employers to Avoid Collecting Premiums Until Evidence of Insurability is Approved

The U.S. Department of Labor (DOL) announced two settlements with major insurance companies this month that highlight the importance of employers avoiding the collection of group life insurance premiums from employees until the… more

Benefit Plan Sponsors, Denial of Insurance Coverage, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Samuel Butler, IV

New Year Brings New Automatic Enrollment and Escalation Requirements for Some Recently Adopted 401(k) and 403(b) Plans

The SECURE 2.0 Act of 2022 requires certain 401(k) and 403(b) plans to include automatic enrollment and escalation features for the first plan year beginning after December 31, 2024, meaning that for those plans with a calendar… more

401k, 403(b) Plans, Benefit Plan Sponsors, Employee Benefits, Employer Responsibilities

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Jeffrey Cairns

Congress Revamps Retirement Planning with Secure 2.0

Congress made several changes to retirement plans as part of the Consolidated Appropriations Act of 2023, which recently passed both the House and Senate. The final bill contains several provisions affecting retirement plans… more

401k, 403(b) Plans, Compensation & Benefits, Consolidated Appropriations Act (CAA), Employee Benefits

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Edwin Caldie

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

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Anthony Cali

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

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

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

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P. Michael Campbell

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

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

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

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Staci Campbell

Pass Interference: Potential Tax Implications of NIL Collectives in College Sports

Conference realignments. TV deals continuing to soar. Name, image and likeness. If there is one thing that has recently come to define college sports, it is the constant flux and the ebb and flow of change permeating the… more

501(c)(3), Athletes, College Athletes, Compensation, Educational Institutions

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Judith Carlson

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

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

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

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Robin Carlson

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

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

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

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Audrey Carroll

Payment Stablecoin Regulatory Framework Established as GENIUS Act Signed Into Law

The Guiding and Establishing National Innovation for U.S. Stablecoins Act (the GENIUS Act) was recently signed into law by President Trump, establishing a regulatory framework for payment stablecoins and their issuers. The bill… more

AML/CFT, Cryptocurrency, Digital Assets, Financial Regulatory Reform, Financial Services Industry

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Paul Cassidy

Minnesota Legislature 2025 Recap

After decisive victories by Republicans at both the state and federal level in the 2024 general election, political prognosticators and pundits alike in Minnesota declared universally that the 2025 Minnesota legislature would be… more

Affordable Housing, Campaign Finance Reform, Cannabis Products, Health Insurance, Healthcare

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Dominic Cecere

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

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

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

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Elizabeth Chatham

President Trump's Immigration Executive Order Blitz

With a blitz of executive orders in his first few days in office, President Donald Trump is focused on making swift changes impacting immigration. Foreign nationals and U.S. companies employing foreign nationals may be directly… more

Department of Homeland Security (DHS), Executive Orders, Foreign Nationals, Foreign Workers, Form I-9

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Ashley Cheff

Federal Courts Respond to Challenges to DOL's Salary Threshold Rule

On April 23, 2024, the U.S. Department of Labor (DOL) issued a final rule which included a two-step raise of the federal minimum salary requirement for exempt employees under the Fair Labor Standards Act (FLSA). Beginning July… more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules

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Maya Cherayil

New Paid Sick/Safe Leave Requirements for Missouri Employers in 2025

On November 5, 2024, Missouri voters overwhelmingly passed Proposition A, increasing the state's minimum wage and requiring employers with 15 or more employees to provide mandatory paid sick leave for Missouri employees… more

Earned Sick Time, Employees, Employer Liability Issues, Employer Responsibilities, Minimum Wage

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Scott Claassen

Colorado Joins the "Baby" HSR Trend

State attorneys general (AGs) have a legal right to challenge anticompetitive mergers, both under the federal Clayton Act and their own state antitrust laws. And in recent years, state AGs have played increasingly larger roles… more

Antitrust Provisions, Colorado, Filing Requirements, Hart-Scott-Rodino Act, Mergers

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Darrell Clark

The Impact of the Coronavirus on the Global Supply Chain

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

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

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Sean Colligan

SCOTUS: Pure Omissions Do Not Support Securities Fraud Claims Even If the Omissions Violate SEC Disclosure Requirements

Last week, the U.S. Supreme Court issued a unanimous decision in Macquarie Infrastructure Corp. et al. v. Moab Partners L.P. et al., holding that an omission to make disclosures required by U.S. Securities and Exchange… more

Disclosure Requirements, Failure To Disclose, Macquarie Infrastructure Corp v Moab Partners LP, Omissions, Rule 10(b)

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Ryan Collins

SEC Announces Formation of New Crypto Task Force

On January 21, 2025, SEC Acting Chairman Mark T. Uyeda launched a crypto task force charged with “developing a comprehensive and clear regulatory framework for crypto assets.”… more

Blockchain, Cryptoassets, Cryptocurrency, Digital Assets, FinTech

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Kevin Conneely

Justices Clarify Scope of Anti-Hacking Law

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

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

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Amy Conway

The 2024 EEO-1 Component 1 Data Collection: Purpose, Clarification, and Time to Report

On May 20, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) announced that the 2024 EEO-1 Component 1 data collection window is now open. The timeframe for covered employers to file the report is shorter than in… more

Civil Rights Act, Employer Responsibilities, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Federal Contractors

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Jason Conway

Justices Clarify Scope of Anti-Hacking Law

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

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

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Jennifer Cooke-Yin

SEC Charges Company for Undisclosed Perquisites

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

Books & Records, Disclosure Requirements, Enforcement Actions, Failure To Disclose, Foreign Corrupt Practices Act (FCPA)

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Michelle Corrigan Erikson

WARNING: New Proposition 65 Amendments in Effect in 2025

If your business manufactures, distributes or supplies consumer products sold in California, you are likely familiar with California Proposition 65, which requires warnings on products that may expose consumers to chemicals that… more

California, Chemicals, Consumer Product Companies, New Regulations, Product Labels

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Stephen Cosentino

Playing on the Edge - Sweepstakes Casinos Face Challenges

Sweepstakes casinos have become a force in online gaming, offering casino-style games without navigating the complex regulatory scrutiny of gaming regulators or legislators. Sweepstakes casinos use creative business models,… more

Casinos, Consumer Protection Laws, Enforcement Actions, eSports, Gambling

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Alixandra Cossette

Missouri OA Removes Public Access to Procurement Materials, Complicating Bid Protest Analysis

Last month, the Missouri Office of Administration (OA) posted notices to the MissouriBUYS website and OA’s bid document portal announcing that the agency will be restricting public access to bid documents to avoid running afoul… more

Bid Protests, Procurement Guidelines, Public Access Laws, Public Bidding, Regulatory Reform

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Ashley Crisafulli

Bottom of the Ninth: Forever Chemical Bans Take Effect in 2025. What's in Your Team Apparel?

There has been a significant uptick in class action litigation related to sustainability claims, which will only increase after bans in California and New York on forever chemicals in apparel go into effect January 1, 2025… more

Environmental Policies, Hazardous Substances, Manufacturers, PFAS, Public Health

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James Cronin

Supreme Court Expands Scope of Patent Exhaustion

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

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

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Aimee Guzman Davenport

Supreme Court Rules for Permit Holders on Age-Old CWA Dispute

In a 5-4 ruling on March 4, the U.S. Supreme Court held that the Environmental Protection Agency (EPA) lacks authority to impose Clean Water Act (CWA) conditions in National Pollutant Discharge Elimination System (NPDES) permits… more

Clean Water Act, Discharge of Pollutants, Enforcement Actions, Environmental Litigation, Environmental Protection Agency (EPA)

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Andrew Davis

Wisconsin Supreme Court Upholds State's Authority to Regulate PFAS Without Formal Rulemaking

On June 24, 2025, the Wisconsin Supreme Court rejected a challenge to the authority of the Wisconsin Department of Natural Resources (WDNR) to compel the cleanup of perfluoroalkyl and polyfluoroalkyl (PFAS) substances under… more

Administrative Procedure Act, Environmental Litigation, Government Agencies, Hazardous Substances, Judicial Authority

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Eileen Day

Emerging Trends Newsletter - Q2

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

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

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Elizabeth Delagardelle

American Rescue Plan Act Contains Many Employee Benefits Related Provisions

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

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

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Ashley Dillon

EEOC Releases New “Know Your Rights” Poster

On October 19, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a new version of the “Know Your Rights: Workplace Discrimination is Illegal” poster. This new poster, much like the previous version,… more

Americans with Disabilities Act (ADA), Employee Rights, Employer Liability Issues, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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Donta Dismuke

Playing on the Edge - Sweepstakes Casinos Face Challenges

Sweepstakes casinos have become a force in online gaming, offering casino-style games without navigating the complex regulatory scrutiny of gaming regulators or legislators. Sweepstakes casinos use creative business models,… more

Casinos, Consumer Protection Laws, Enforcement Actions, eSports, Gambling

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Quint Doan

EPA Releases Suite of Environmental Regulations for Utility Sector: What does it mean for you?

On April 25, 2024, the Environmental Protection Agency (EPA) signed four final rules representing multi-media regulation (air, water, waste, climate) for the utility sector. Individually, each rule would have been notable for… more

Air Pollution, Biden Administration, Climate Action Plan, Climate Change, Coal Industry

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Tracey Holmes Donesky

Court Blocks DOL's Increase to Minimum Salary Threshold for FLSA Exemption, Overtime Requirements

On November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated the Department of Labor's (DOL) April 26, 2024, final rule increasing the minimum salary threshold for exemptions to the Fair Labor… more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Salary, Over-Time

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Thomas Dowling

Temporary Extension of CARES Act Telehealth/HSA Relief Available

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

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

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Lauren Druessel

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

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

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

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Jeetander Dulani

FTC and DOJ Provide Critical Clarity on Passive Investment Rules Under Antitrust Law

In a significant development for institutional investors, the Federal Trade Commission (FTC) and Department of Justice (DOJ) have provided their first explicit statement confirming that engagement with companies on corporate… more

Antitrust Litigation, Antitrust Provisions, Asset Management, Corporate Financing, Corporate Governance

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Daniel Dwight

Election Night 2024: What's at Stake in Minnesota?

Entering the final days of the 2024 general election, Minnesota is proving once again how surprising and unpredictable it can be when election season rolls around. Less than three months ago, Vice President Kamala Harris shocked… more

General Elections, Governors, Local Elections, Members of Congress, Political Campaigns

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Benjamin Eastburn

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

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

Accessibility Rules, Americans with Disabilities Act (ADA), Arenas and Stadiums, Construction Project, Critical Infrastructure Sectors

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Susan Warshaw Ebner

Possible Relief from New Tariffs — and Risks to Avoid

Tariffs have been in the news almost daily. Not only have tariff rates changed repeatedly, but the deadlines around implementation are subject to change. Meanwhile, the list of new commodities that are subject to additional… more

Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Federal Acquisition Regulations (FAR)

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Patrick Edwards

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

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

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

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Alisa Nickel Ehrlich

OSHA Publishes Hotly Anticipated Proposed Heat Standard

At long last and at the tail-end of what is on track to be the hottest summer on record, the Occupational Safety and Health Administration (OSHA) issued its first proposed heat standard on August 30, 2024. OSHA's Notice of… more

Comment Period, Employees, Employer Liability Issues, Health and Safety, Heat Exposure

See all updates »

B. Scott Eidson

Justices Clarify Scope of Anti-Hacking Law

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

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

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Jared Ertle

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

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

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

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Logan Fancher

FTC Announces Expanded Enforcement Authority

Late last week, the Federal Trade Commission (FTC) issued formal guidance regarding the scope of its enforcement authority under Section 5 of the FTC Act. This guidance previews a material expansion of the FTC’s enforcement… more

Anti-Competitive, Antitrust Provisions, Competition, Enforcement Authority, Federal Trade Commission (FTC)

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Nicole Faulkner

NLRB Increases Scrutiny of Workplace Rules

BACKGROUND - In its recent Stericycle decision, the National Labor Relations Board (NLRB) modified its framework for evaluating whether employer work rules that do not expressly restrict employee Section 7 activity are… more

Boeing, Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies

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Rebecca Favre

Minneapolis Amends Its Civil Rights Ordinance to Expand Protections in Employment Decisions

On May 1, 2025, the Minneapolis City Council unanimously approved amendments to the city’s Civil Rights Ordinance, including the addition of anti-discrimination protections for height and weight in business, educational… more

Anti-Discrimination Policies, Criminal Background Checks, Employee Rights, Employer Responsibilities, Employment Discrimination

See all updates »

Timothy Feathers

Penn State Victory Maintains Uneasy Status Quo in Sports Merchandising Industry

Most major universities have developed extremely lucrative business empires by exploiting the use of their trademarks and trade dress on apparel and merchandise, among other things. They have done so on the theory that the… more

Appeals, College Athletes, Consumer Protection Laws, Goods or Services, Lanham Act

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Audrey Fenske

Managing Retirement Plan Litigation Risk – Know Your IPS

There are always plenty of new retirement plan investment performance and fee cases, and it’s hard for a plan sponsor, even one that is doing everything properly, to be assured that it won’t be the target of a lawsuit… more

Benefit Plan Sponsors, Employee Retirement Income Security Act (ERISA), ERISA Litigation, Fiduciary Duty, Investment

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Abigail Flores

California Consumer Privacy Act's Employee and Business-to-Business Exemptions Expire Effective January 1, 2023 How Should Employers Prepare?

The California Consumer Privacy Act (CCPA) took effect on January 1, 2020, providing rights and protections to California consumers regarding their personal information and how it may be processed by certain businesses… more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Data Collection, Data Management

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Brooke Flucke

The SEC’s Position Change on The Enhancement and Standardization of Climate-Related Disclosures for Investors

On February 11, 2025, Mark T. Uyeda, the acting chairman of the Securities and Exchange Commission, took action with respect to The Enhancement and Standardization of Climate Disclosures for Inventors rule, which was adopted by… more

Climate Change, Corporate Governance, Disclosure Requirements, Enforcement Actions, Environmental Policies

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Mary Foarde

CMS Says That EMTALA Overrides State Law in Pregnancy Emergencies

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

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

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Kyle Foote

EPA Finalizes Groundbreaking Rule to Regulate Two PFAS under CERCLA

On Friday, April 19, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its Final Rule (the Rule) designating two widely used per- and polyfluoroalkyl substances (PFAS) – Perfluorooctanoic… more

CERCLA, Contamination, Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA)

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Robin Wade Forward

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

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

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

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Michelle Fox

CFPB Promotes Open Banking as it Issues Final Rule on Personal Financial Data Access Rights

Time will tell whether the Consumer Financial Protection Bureau's (CFPB) stated goals of accelerating "open banking" and competition will come to fruition as a result of the long-awaited final rule implementing Section 1033 of… more

Banking Sector, Banks, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Dodd-Frank

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Carrie Francis

California Consumer Privacy Act's Employee and Business-to-Business Exemptions Expire Effective January 1, 2023 How Should Employers Prepare?

The California Consumer Privacy Act (CCPA) took effect on January 1, 2020, providing rights and protections to California consumers regarding their personal information and how it may be processed by certain businesses… more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Data Collection, Data Management

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Heather Franco

HSR Act Updates - Updated Thresholds and a Legal Challenge to the HSR Amendments

On January 10, 2025, the Federal Trade Commission (FTC) announced the Revised Jurisdictional Thresholds for Section 7A of the Clayton Act to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). The U.S. Chamber of… more

Acquisitions, Administrative Procedure Act, Antitrust Provisions, Competition, Department of Justice (DOJ)

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Eric Galatz

Paycheck Protection Program - What Has Changed?

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

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

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Marisol Garcia

The Unauthorized Use of Architect Drawings or Plans: Is it Theft?

OVERVIEW - Recently, the California Court of Appeals in Simmons v. Ehm Architecture, Inc., No. D080702, 2023 WL 8888228 (Cal. App. 4th Dist. Dec, 26, 2023) (unpublished), held that an owner giving his architect's plans to… more

Architects, Architectural Copyrights, Construction Industry, Construction Project, Contract Terms

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Zane Gilmer

California DFPI Issues Proposed Regulations in Connection with the Implementation of its Digital Financial Asset Licensing Regime

On April 4, 2025, the California Department of Financial Protection and Innovation (DFPI) issued proposed regulations to implement certain aspects of the state’s Digital Financial Assets Law (DFAL), which establishes a licensing… more

California, Cryptocurrency, Department of Financial Protection and Innovation (DFPI), Digital Assets, Filing Requirements

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Perry Glantz

The Impact of Subordination Agreements on Lien Priorities

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

Appeals, Business Litigation, Lien Priority, Subordination Agreement

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Roy Goldberg

Biden Plan Calls for Carbon Neutral Jet Fuel by 2050 With Eye Towards Biofuels

A recently-issued multi-agency report highlights a path for the U.S. government to replace fossil fuel-based jet fuel with renewable sources to address climate change and encourage infrastructure development. The U.S. Department… more

Air Pollution, Aircraft, Aviation Industry, Biden Administration, Biofuel

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B. Scott Gootee

SEC Charges Company for Undisclosed Perquisites

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

Books & Records, Disclosure Requirements, Enforcement Actions, Failure To Disclose, Foreign Corrupt Practices Act (FCPA)

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William Greene

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

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

Anti-Competitive, Antitrust Provisions, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC)

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Matthew Grimaldi

Payment Stablecoin Regulatory Framework Established as GENIUS Act Signed Into Law

The Guiding and Establishing National Innovation for U.S. Stablecoins Act (the GENIUS Act) was recently signed into law by President Trump, establishing a regulatory framework for payment stablecoins and their issuers. The bill… more

AML/CFT, Cryptocurrency, Digital Assets, Financial Regulatory Reform, Financial Services Industry

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Laura Halferty

One Big Beautiful Bill Explained

On July 4, President Trump signed into law the One Big Beautiful Bill Act (Bill), which was approved by the Senate and House earlier in the week. The 870 page-bill covers nearly every sector of the American economy, and extends… more

Business Taxes, Energy Tax Incentives, Estate Planning, Estate Tax, Exempt Organizations

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Caleb Hall

Environmental Wrap-Up 2022 and What to Expect in 2023

This alert looks at developments in environmental law that were at the forefront in 2022; the trend is expected to continue into 2023 as the Biden administration continues to act on its regulatory initiatives in the energy and… more

Biden Administration, Clean Air Act, Clean Water Act, Climate Action Plan, Climate Change

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Nerissa Hamilton-vom Baur

Possible Relief from New Tariffs — and Risks to Avoid

Tariffs have been in the news almost daily. Not only have tariff rates changed repeatedly, but the deadlines around implementation are subject to change. Meanwhile, the list of new commodities that are subject to additional… more

Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Federal Acquisition Regulations (FAR)

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Mark Hargrave

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

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

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

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Jeffrey Harrison

Executive Order Targeting Politicized or Unlawful Debanking

On August 7, President Trump issued an Executive Order titled "Guaranteeing Fair Banking for All Americans" (the Order). The purpose of the Order is to prohibit financial institutions from engaging in "politicized or unlawful… more

Banking Sector, Compliance, Consumer Financial Protection Bureau (CFPB), Enforcement Actions, Executive Orders

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Charles Hatfield

Missouri Court Decision Endorses Tariff Variances to Support Development

A new Missouri Missouri Western District Court of Appeals opinion demonstrates that the Missouri Public Service Commission has broad authority to lower utility costs to encourage development. Members of the development community… more

Energy Policy, Energy Projects, Interconnections, Public Utility, Tariffs

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Renee Henson

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

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

Airports, CERCLA, Contamination, Environmental Policies, Environmental Protection Agency (EPA)

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Paul Hoffmann

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

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

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

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Jenna Hueneger

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

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

COPPA, Data Collection, Data Protection, Federal Trade Commission (FTC), Mobile Apps

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Elena Humphrey

Federal Court Strikes Down HIPAA Reproductive Health Privacy Rule – What it Means for Health Plan Compliance

In a landmark decision, a federal district court in Texas struck down nearly all of the 2024 amendments to the HIPAA Privacy Rule, known as the Reproductive Health Privacy Rule (the “Rule”), ruling that the Department of Health… more

Compliance, Department of Health and Human Services (HHS), Federal Court Litigation, Health Insurance Portability and Accountability Act (HIPAA), Judicial Authority

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Charles Hutchison

Missouri Eliminates Capital Gains Tax

On July 10, 2025, Missouri Gov. Mike Kehoe signed House Bill 594, which will exclude both short- and long-term capital gains from Missouri individual income tax and, in certain circumstances, corporate income tax… more

Business Taxes, Capital Gains, Corporate Taxes, Income Taxes, New Legislation

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David Jennings

EU Authority Publishes New Standard Contractual Clauses

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

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

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Charles Jensen

IRS Permits Politics from the Pulpit

In a joint motion filed on July 7 in the U.S. District Court for the Eastern District of Texas, the Internal Revenue Service (IRS) stated that religious organizations may speak about political campaigns and candidates to their… more

501(c)(3), Churches, First Amendment, Free Speech, IRS

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Tom Jensen

Federal Trade Commission Announces Annual HSR Premerger

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

Antitrust Provisions, Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Pre-Merger Filing Requirements

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David Jenson

Paycheck Protection Program - What Has Changed?

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

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

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Kristen Ellis Johnson

Wisconsin Supreme Court Upholds State's Authority to Regulate PFAS Without Formal Rulemaking

On June 24, 2025, the Wisconsin Supreme Court rejected a challenge to the authority of the Wisconsin Department of Natural Resources (WDNR) to compel the cleanup of perfluoroalkyl and polyfluoroalkyl (PFAS) substances under… more

Administrative Procedure Act, Environmental Litigation, Government Agencies, Hazardous Substances, Judicial Authority

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McGregor Johnson

Bank Holding Companies MUST Review Their Shareholder Agreements

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

Bank Holding Company, Business Entities, Contract Terms, FRB, Shareholder Rights

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Morgan Johnson

Decentralized Autonomous Organization Laws Across the U.S.

Blockchain technology is a buzzword that has been used by companies for years. In general, blockchain is a decentralized digital ledger used to record and validate transactions. Historically, the focus has primarily been on how… more

Blockchain, Decentralized Autonomous Organization (DAO), Digital Assets, Distributed Ledger Technology (DLT), Limited Liability Company (LLC)

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Steven Kazmierski Ph.D.

USPTO Issues Guidance for Determining Inventorship in AI-assisted Inventions

The United States Patent and Trademark Office (USPTO) recently issued its Inventorship Guidance for AI-assisted Inventions for determining inventorship where artificial intelligence (AI) is used during the invention process. The… more

Artificial Intelligence, Innovative Technology, Intellectual Property Protection, Inventions, Inventors

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J. Vincent Keady

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

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

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

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William Kearney Jr.

CTA Effectively Paused: No Enforcement Actions Until FinCEN Issues New Interim Final Rule and Revised Reporting Deadlines

On February 27, 2025, the Financial Crimes Enforcement Network (FinCEN) of the U.S. Department of Treasury announced that it will not be issuing any fines or penalties or taking any other enforcement actions against any… more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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Marshall Kelner

Penn State Victory Maintains Uneasy Status Quo in Sports Merchandising Industry

Most major universities have developed extremely lucrative business empires by exploiting the use of their trademarks and trade dress on apparel and merchandise, among other things. They have done so on the theory that the… more

Appeals, College Athletes, Consumer Protection Laws, Goods or Services, Lanham Act

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Suzanna Kennedy

Minnesota Historic Legislative Session Comes to an End

In what many are calling one of the most consequential legislative sessions in Minnesota's history, Gov. Tim Walz and legislative leaders pulled together a last-minute $72 billion budget deal to close out the 2023 legislative… more

Abortion, Capital Investments, Employee Benefits, Gun Laws, Marijuana

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Molly Walsh Keppler

Judicial Holdings Throw Vaccine Mandate Implementation into Disarray

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

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

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David J. Kim

Generative AI

Generative artificial intelligence (AI) programs, like Dall-E and ChatGPT, seem to be all the rage right now. Tech companies big and small are now racing to come up with the next big thing. Like other forms of AI, generative AI… more

Artificial Intelligence, Copyright, Copyright Office, eSports, Gaming

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David S. Kim

Meta Bags: NFT Complications and Considerations for Traditional Brand Owners

In yet another example of the law trying to keep up with technology, the U.S. District Court for the Southern District of New York issued a decision in Hermès International, et al. v. Mason Rothschild that examines traditional… more

Brand, Digital Assets, Dilution, Fashion Industry, First Amendment

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Sarah King

How Charities are Motivating Donors Under the New Tax Law

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

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

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Patricia Konopka

Court Blocks DOL's Increase to Minimum Salary Threshold for FLSA Exemption, Overtime Requirements

On November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated the Department of Labor's (DOL) April 26, 2024, final rule increasing the minimum salary threshold for exemptions to the Fair Labor… more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Salary, Over-Time

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Jessica Kracl

First of its Kind Privacy Law Signals Fundamental Shift in Protection of Consumer Health Data

As more and more states consider consumer privacy laws, the first-of-its kind My Health My Data Act (the Act) could be a harbinger of health and wellness compliance requirements to come. The ramifications of Washington state's… more

Data Collection, Data Management, Data Protection, Electronic Medical Records, Electronic Protected Health Information (ePHI)

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Allison Kruse

Pay Transparency is Trending

While pay discrimination laws have been around for quite some time, states and localities are increasingly taking pay discrimination a step further to affirmatively require employers to disclose compensation to applicants and… more

Compensation & Benefits, EEO-1, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Equal Pay

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Robert Kugler

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

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

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

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David Lamb

With Federal Restrictions Removed, a Wave of State Laws Highlights Risks of Using AI in Employment Decisions

In one of his first executive actions after retaking the White House, President Donald Trump repealed a 2023 Biden-era executive order that imposed requirements on the use of artificial intelligence (AI). It marked the first… more

Artificial Intelligence, Bias, Data Privacy, Employment Discrimination, Hiring & Firing

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Dennis Lane

EPA Releases Suite of Environmental Regulations for Utility Sector: What does it mean for you?

On April 25, 2024, the Environmental Protection Agency (EPA) signed four final rules representing multi-media regulation (air, water, waste, climate) for the utility sector. Individually, each rule would have been notable for… more

Air Pollution, Biden Administration, Climate Action Plan, Climate Change, Coal Industry

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Krista Larson

From Field to Firm: Lessons for Lawyers from Athletes' Mental Health Playbook

Both athletes and lawyers operate in intense environments where performance is paramount. Athletes are trained to cope with stress through mental conditioning and performance strategies. In contrast, the legal field has… more

Corporate Culture, Employer Liability Issues, Law Firm Associates, Law Firm Partners, Law Practice Management

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Timothy Lauxman

EPA Sets Health Advisories for Drinking Water

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

Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Christopher Leopold

Managing Retirement Plan Litigation Risk – Know Your IPS

There are always plenty of new retirement plan investment performance and fee cases, and it’s hard for a plan sponsor, even one that is doing everything properly, to be assured that it won’t be the target of a lawsuit… more

Benefit Plan Sponsors, Employee Retirement Income Security Act (ERISA), ERISA Litigation, Fiduciary Duty, Investment

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Benjamin Levin

Justice Department Updates Self-Disclosure Policy; Deputy AG Announces Further Requirements

On February 22, 2023, the Department of Justice (DOJ) announced an update of its Voluntary Self-Disclosure Policy applicable to all United States Attorneys’ Offices in their prosecution decisions, effective immediately. The… more

Compliance, Corporate Misconduct, Department of Justice (DOJ), Self-Disclosure Requirements, Voluntary Correction Program

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Steven Levitt

New USPTO Pilot Program Provides Appeal Decisions Within Six Months

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

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

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Steven Lindemann

Fail to Comply with Domestic Preference Rules at Your Peril

Federal government contracts and grants require contractors to certify the delivery of domestic end products unless an exception applies. Domestic preference rules include the Buy American Act (BAA) and Trade Agreements Act… more

Buy American Act, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Federal Acquisition Regulations (FAR)

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Mike Lochmann

States Expand Regulation of Consumer Lending: Codification of "True Lender" and Opt-out of DIDMCA's Interest Rate Exportation

Consumer lenders face a rapidly changing legal landscape. States are increasingly targeting the activities of non-bank third parties in the consumer loan process and interest rate exportation by state-chartered banks. In the… more

Banks, Consumer Financial Products, Consumer Lenders, DIDMCA, Financial Services Industry

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David Lutz

Impact of the Inflation Reduction Act of 2022 on Renewable Energy Tax Credits

On August 16, 2022, President Biden signed the Inflation Reduction Act of 2022 (Act) into law. The Act, while not as expansive as the previously proposed Build Back Better Act, addresses numerous areas of policy and law… more

Biden Administration, Climate Change, Inflation Reduction Act (IRA), Infrastructure, Investment Tax Credits

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Stacey McClurkin Macklin

NLRB Ruling Renders Routine Confidentiality and Non-Disparagement Provision Unlawful

Once again, the pendulum has swung, and this time, the National Labor Relations Board (NLRB or Board) has reversed Trump-era rulings that granted broad flexibility to employers in severance agreements. On Tuesday, the Board… more

Confidentiality Agreements, Employees, Employer Liability Issues, Employment Contract, Federal Labor Laws

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Maria Macoubrie

States Expand Regulation of Consumer Lending: Codification of "True Lender" and Opt-out of DIDMCA's Interest Rate Exportation

Consumer lenders face a rapidly changing legal landscape. States are increasingly targeting the activities of non-bank third parties in the consumer loan process and interest rate exportation by state-chartered banks. In the… more

Banks, Consumer Financial Products, Consumer Lenders, DIDMCA, Financial Services Industry

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Adam Maier

Bank Holding Companies MUST Review Their Shareholder Agreements

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

Bank Holding Company, Business Entities, Contract Terms, FRB, Shareholder Rights

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Jonathan Manning

An Uncertain Future for CFPB's Section 1071 Rule Regarding Small Business Lending Data

In a pivotal development, the U.S Court of Appeals for the Fifth Circuit has stayed enforcement of the Consumer Financial Protection Bureau’s (CFPB) Small Business Lending Rule — also known as Section 1071 of the Dodd-Frank Act… more

Consumer Financial Protection Bureau (CFPB), Data Collection, Dodd-Frank, Enforcement Actions, Financial Institutions

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Elsa Manzanares

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

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

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

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Ethan Mark

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, Securities and Exchange Commission (SEC)

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Sharon Markowitz

FTC Bans Worker Non-Competes

By a vote of 3-2, the Federal Trade Commission (FTC) passed the final version of its much-talked-about non-compete rule. The final rule hews closely to the proposed rule, effectively banning all existing or future non-compete… more

Competition, Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract

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Todd Martin

American Rescue Plan Act Contains Many Employee Benefits Related Provisions

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

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

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Molly Maurin

IRS Permits Politics from the Pulpit

In a joint motion filed on July 7 in the U.S. District Court for the Eastern District of Texas, the Internal Revenue Service (IRS) stated that religious organizations may speak about political campaigns and candidates to their… more

501(c)(3), Churches, First Amendment, Free Speech, IRS

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Kelly Maxwell

Injunction Lifted Against Key Portions of President Trump’s Anti-Diversity, Equity and Inclusion Executive Orders

On March 14, 2025, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit stayed the nationwide injunction a federal district court had issued in National Association of Diversity Officers in Higher Education v… more

Anti-Discrimination Policies, Civil Rights Act, Constitutional Challenges, Diversity and Inclusion Standards (D&I), Employment Discrimination

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John McCaffrey

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

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Megan McCurdy

Bottom of the Ninth: Forever Chemical Bans Take Effect in 2025. What's in Your Team Apparel?

There has been a significant uptick in class action litigation related to sustainability claims, which will only increase after bans in California and New York on forever chemicals in apparel go into effect January 1, 2025… more

Environmental Policies, Hazardous Substances, Manufacturers, PFAS, Public Health

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Desiree McDowell

Minnesota Passes Renewable Energy Policies Impacting Various Industries

This week, the Minnesota Legislature passed and delivered to the governor for signature HF2310, an energy policy omnibus bill that provides $216 million for energy initiatives in the state. The legislation includes approximately… more

Climate Action Plan, Climate Change, Electric Vehicles, Energy Policy, Energy Reform

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Jenifer McIntosh

First of its Kind Privacy Law Signals Fundamental Shift in Protection of Consumer Health Data

As more and more states consider consumer privacy laws, the first-of-its kind My Health My Data Act (the Act) could be a harbinger of health and wellness compliance requirements to come. The ramifications of Washington state's… more

Data Collection, Data Management, Data Protection, Electronic Medical Records, Electronic Protected Health Information (ePHI)

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Philip McKnight

American Rescue Plan Act Contains Many Employee Benefits Related Provisions

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

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

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Eric Mikkelson

SEC Withdraws Proposed Rules Affecting Investment Advisors, Funds and Broker-Dealers

On June 12, 2025, the Securities and Exchange Commission (SEC) withdrew 14 outstanding proposed regulations issued during the Biden Administration. These withdrawals underscore a dramatic priority shift away from regulation in… more

Broker-Dealer, Financial Regulatory Reform, Investment Adviser, Investment Funds, Investment Management

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Matthew Moderson

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

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

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

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Betsy Moedritzer

Supreme Court Rules for Permit Holders on Age-Old CWA Dispute

In a 5-4 ruling on March 4, the U.S. Supreme Court held that the Environmental Protection Agency (EPA) lacks authority to impose Clean Water Act (CWA) conditions in National Pollutant Discharge Elimination System (NPDES) permits… more

Clean Water Act, Discharge of Pollutants, Enforcement Actions, Environmental Litigation, Environmental Protection Agency (EPA)

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Keith Moheban

Firm Wins Victory for BMO Harris at Minnesota Supreme Court

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

Commercial Bankruptcy, Fraudulent Transfers, Ponzi Scheme

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Thomas Molins

One Big Beautiful Bill Explained

On July 4, President Trump signed into law the One Big Beautiful Bill Act (Bill), which was approved by the Senate and House earlier in the week. The 870 page-bill covers nearly every sector of the American economy, and extends… more

Business Taxes, Energy Tax Incentives, Estate Planning, Estate Tax, Exempt Organizations

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C. Robert Monroe

Bank Holding Companies MUST Review Their Shareholder Agreements

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

Bank Holding Company, Business Entities, Contract Terms, FRB, Shareholder Rights

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Emily Monroe

Senate Passes #MeToo Bill Allowing Employees to Bypass Arbitration

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

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

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Grant Mulkey

NLRB Lacks Quorum to Exercise its Authority Following President Trump’s Removal of Member; The President Also Dismissed NLRB General Counsel Abruzzo

Late on the evening of January 27, 2025, President Donald Trump removed National Labor Relations Board (NLRB or Board) General Counsel Jennifer Abruzzo from her position, a move that was widely anticipated after former President… more

Administrative Agencies, Employment Litigation, Labor Relations, NLRA, NLRB

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John Munich

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

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

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

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Erin Naeger

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

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

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

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Brandon Nagy

Now is Your Chance to be Heard on the FCC’s New Proposed Drone Regulations

The 30-day clock is about to start for comments on the Federal Communications Commission’s (FCC) Notice of Proposed Rulemaking seeking industry input on whether and how to regulate the wireless communications used to operate… more

Comment Period, Drones, FCC, NPRM, Regulatory Agenda

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Laura Nelson

CMS Says That EMTALA Overrides State Law in Pregnancy Emergencies

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

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

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Natalie Nelson

Do Not Pass Go: The Plight of New Soccer Competitions in Europe

The 2022 FIFA World Cup wasn’t the only showdown being watched by soccer fans last year. Indeed, sports fans and antitrust watchers alike are awaiting a final decision from the European Court of Justice (ECJ) regarding the… more

Anti-Competitive, Antitrust Provisions, Competition, EU, European Court of Justice (ECJ)

See all updates »

Sharon Ng

FTC Bans Worker Non-Competes

By a vote of 3-2, the Federal Trade Commission (FTC) passed the final version of its much-talked-about non-compete rule. The final rule hews closely to the proposed rule, effectively banning all existing or future non-compete… more

Competition, Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract

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Todd Noteboom

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, Health Insurance Portability and Accountability Act (HIPAA), HIPAA Privacy Rule

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Martha Nweke

SEC Proposes Enhanced Safeguarding (Custody) Rule for Registered Investment Advisers

On February 15, 2023, the U.S. Securities and Exchange Commission (SEC) proposed to exercise its authority by amending and re-designating Rule 206(4)-2 under the Investment Advisers Act of 1940 (the Custody Rule)… more

Asset Management, Comment Period, Custody Rule, Financial Services Industry, Form ADV

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Carissa Occhipinto

SEC Withdraws Proposed Rules Affecting Investment Advisors, Funds and Broker-Dealers

On June 12, 2025, the Securities and Exchange Commission (SEC) withdrew 14 outstanding proposed regulations issued during the Biden Administration. These withdrawals underscore a dramatic priority shift away from regulation in… more

Broker-Dealer, Financial Regulatory Reform, Investment Adviser, Investment Funds, Investment Management

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Erick Orantes

Pass Interference: Potential Tax Implications of NIL Collectives in College Sports

Conference realignments. TV deals continuing to soar. Name, image and likeness. If there is one thing that has recently come to define college sports, it is the constant flux and the ebb and flow of change permeating the… more

501(c)(3), Athletes, College Athletes, Compensation, Educational Institutions

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Jordan Ortmeier

New Interagency Policy Statement on CRE Loan Accommodations and Workouts

On June 29, 2023, a new interagency Policy Statement (the Statement) was issued relating to commercial real estate (CRE) loan accommodations and workouts. The Statement is relevant to all financial institutions governed by the… more

Commercial Loans, Consumer Financial Products, FDIC, Federal Reserve, Financial Institutions

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Reiley Pankratz

EEOC Releases its Final Rule for the Pregnant Workers Fairness Act Covering a Broad Range of Accommodations

This week the EEOC issued its final rule implementing the Pregnant Workers Fairness Act (PWFA), which went into effect in June 2023. The PWFA requires employers with 15 or more employees to provide reasonable accommodations to… more

Civil Rights Act, Employee Rights, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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R. Benjamin Parker

NLRB Lacks Quorum to Exercise its Authority Following President Trump’s Removal of Member; The President Also Dismissed NLRB General Counsel Abruzzo

Late on the evening of January 27, 2025, President Donald Trump removed National Labor Relations Board (NLRB or Board) General Counsel Jennifer Abruzzo from her position, a move that was widely anticipated after former President… more

Administrative Agencies, Employment Litigation, Labor Relations, NLRA, NLRB

See all updates »

Gregory Payton

In Florida and Elsewhere, Officials Target Latest Fantasy Sports Games

A crackdown on online "pick'em"-style contests in Florida could be a sign of what's to come as state regulators struggle to keep up with the rapidly changing world of daily fantasy sports and legalized sports wagering… more

Cease and Desist Orders, DraftKings, Enforcement Actions, eSports, FanDuel

See all updates »

Marisa Perfetti

Executive Order Targeting Politicized or Unlawful Debanking

On August 7, President Trump issued an Executive Order titled "Guaranteeing Fair Banking for All Americans" (the Order). The purpose of the Order is to prohibit financial institutions from engaging in "politicized or unlawful… more

Banking Sector, Compliance, Consumer Financial Protection Bureau (CFPB), Enforcement Actions, Executive Orders

See all updates »

Hailey Perkins

Pay Transparency is Trending

While pay discrimination laws have been around for quite some time, states and localities are increasingly taking pay discrimination a step further to affirmatively require employers to disclose compensation to applicants and… more

Compensation & Benefits, EEO-1, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Equal Pay

See all updates »

April Petrosino

The 2024 EEO-1 Component 1 Data Collection: Purpose, Clarification, and Time to Report

On May 20, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) announced that the 2024 EEO-1 Component 1 data collection window is now open. The timeframe for covered employers to file the report is shorter than in… more

Civil Rights Act, Employer Responsibilities, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Federal Contractors

See all updates »

Todd Phelps

Landlord Rent Relief Checklist

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

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

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Richard Pins

NLRB Increases Scrutiny of Workplace Rules

BACKGROUND - In its recent Stericycle decision, the National Labor Relations Board (NLRB) modified its framework for evaluating whether employer work rules that do not expressly restrict employee Section 7 activity are… more

Boeing, Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies

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Joshua Poertner

Minnesota Legislature Passes Historic Environmental Legislation

The Minnesota Legislature has passed landmark environmental legislation with far-reaching consequences for regulated industries throughout the state. The bill provides approximately $1 billion in new spending for environmental… more

Air Pollution, ASTM, Environmental Justice, Environmental Policies, Food Labeling

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William Price Jr.

Do Not Pass Go: The Plight of New Soccer Competitions in Europe

The 2022 FIFA World Cup wasn’t the only showdown being watched by soccer fans last year. Indeed, sports fans and antitrust watchers alike are awaiting a final decision from the European Court of Justice (ECJ) regarding the… more

Anti-Competitive, Antitrust Provisions, Competition, EU, European Court of Justice (ECJ)

See all updates »

Tammie Ptacek

Energy Credits Extended for Wind and Solar Facilities

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

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

See all updates »

Stephen Quinlivan

Treasury Solicits Comments on Genius Act

The U.S. Department of the Treasury issued a Request for Comment required by the Guiding and Establishing National Innovation for U.S. Stablecoins Act, or the GENIUS Act, which furthers the Trump Administration’s policy of… more

Anti-Money Laundering, Artificial Intelligence, Blockchain, Comment Period, Digital Assets

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Jill Radloff

U.S. Companies and U.S. Persons now exempted from CTA; April 25, 2025 deadline set for Foreign Companies

On March 26, 2025, the Financial Crimes Enforcement Network (FinCEN) of the U.S. Department of Treasury published its revised Corporate Transparency Act (CTA) Beneficial Ownership Information (BOI) reporting rule, also known as… more

Beneficial Owner, Business Entities, Business Ownership, Corporate Transparency Act, Final Rules

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Amanda Rapp

Music Modernization Act Update

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

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

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Charles Redd

Supreme Court Holds Value of Closely-Held Business Stock Includes Life Insurance Proceeds

On June 6, 2024, the U.S. Supreme Court, in Connelly v. United States, unanimously agreed that life insurance proceeds owned by a closely-held company should be included in the valuation of the company in determining the value,… more

Business Ownership, Closely Held Businesses, Connelly v United States, Estate Tax, Life Insurance

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Michelle Rehbein

Estate Planning Alert: Minnesota Legislature Adds New State Gift Tax And Expands Estate Tax Provisions For Nonresidents

Just before midnight on May 20, 2013, the Minnesota Legislature passed the Omnibus Tax Bill… more

Estate Planning, Gift Tax, New Legislation

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Emily Reid

The U.S. Court of Federal Claims Rules that the Defense Logistics Agency Must Buy from a Mandatory Source of Supply

The AbilityOne Program, established by the Javits-Wagner-O’Day (JWOD) Act in 1971, requires federal government agencies to procure certain products and services from community-based nonprofit agencies that employ individuals who… more

Court of Federal Claims, Defense Contracts, Federal Contractors, Federal Procurement Systems, Procurement Guidelines

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Harvey Reiter

DC Circuit Overturns FCC's Expansion of Robocall Prohbitions

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

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

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Lauren Reller

Minnesota Historic Legislative Session Comes to an End

In what many are calling one of the most consequential legislative sessions in Minnesota's history, Gov. Tim Walz and legislative leaders pulled together a last-minute $72 billion budget deal to close out the 2023 legislative… more

Abortion, Capital Investments, Employee Benefits, Gun Laws, Marijuana

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Patrick Respeliers

SEC Charges Company for Undisclosed Perquisites

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

Books & Records, Disclosure Requirements, Enforcement Actions, Failure To Disclose, Foreign Corrupt Practices Act (FCPA)

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Micah Revell

Minnesota Enacts Sweeping Energy Legislation with Implications for Permitting, Transmission, and Decarbonization

Minnesota Governor Tim Walz recently signed into law sweeping energy legislation designed to ease permitting burdens on renewable energy development and address interconnection and transmission congestion in the state (the… more

Carbon Emissions, Energy Projects, Energy Sector, Energy Storage, Infrastructure

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Greta Bauer Reyes

Minnesota Pay Transparency Requirements Signed into Law

Certain Minnesota employers will be required to disclose starting salary ranges, or a fixed pay rate, in all job postings beginning January 1, 2025. This new requirement, signed into law by Governor Tim Walz on May 17, 2024, as… more

Disclosure Requirements, Employer Liability Issues, Hiring & Firing, Job Ads, Job Applicants

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Caroline Rice

One Big Beautiful Bill Explained

On July 4, President Trump signed into law the One Big Beautiful Bill Act (Bill), which was approved by the Senate and House earlier in the week. The 870 page-bill covers nearly every sector of the American economy, and extends… more

Business Taxes, Energy Tax Incentives, Estate Planning, Estate Tax, Exempt Organizations

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David Rifkind

Federal Railroad Administration Updates Civil Penalty Schedules and Guidelines

The Federal Railroad Administration (FRA) announced that it has doubled all of its rail safety civil monetary penalty (CMP) base amounts for violations of rail safety and hazardous materials regulations. The changes are… more

Civil Monetary Penalty, Federal Railroad Administration, Hazardous Substances, Infrastructure, Railroads

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Jonathan Ripa

DOJ Repeals Healthcare Policy Statements Containing Longstanding Guidance on Information Sharing

On February 3, the Department of Justice (DOJ) formally withdrew three antitrust policy statements related to enforcement in the healthcare industry. These policy statements—from 1993, 1996, and 2011—addressed topics such as… more

Antitrust Provisions, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC), Healthcare

See all updates »

Lisa Rippey

Unpacking the One Big Beautiful Bill’s Employee Benefit Provisions

On July 4, 2025, President Trump signed into law the One Big Beautiful Bill Act (“Act”), a sweeping tax and spending package, which includes provisions that impact employee benefit plans. These changes affect health savings… more

Dependent Care, Employee Benefits, Health Savings Accounts, Internal Revenue Code (IRC), New Legislation

See all updates »

Ruth Rivard

USPTO's New Trademark Fees Expected to Impact Filing Costs

The United States Patent and Trademark Office (USPTO) has implemented significant changes to its trademark filing fee structure, effective January 18, 2025. These changes represent a fundamental shift from the previous two-tier… more

Electronic Filing, Fees, Filing Fees, Intellectual Property Protection, Trademark Application

See all updates »

Bryan Rose

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

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

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

See all updates »

Thomas Salerno

Paycheck Protection Program - What Has Changed?

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

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

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Matthew Salzman

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

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

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

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Selena Samale

Colorado Enacts New Privacy and Cybersecurity Legislation

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

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

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Ethan Sanders

Pass Interference: Potential Tax Implications of NIL Collectives in College Sports

Conference realignments. TV deals continuing to soar. Name, image and likeness. If there is one thing that has recently come to define college sports, it is the constant flux and the ebb and flow of change permeating the… more

501(c)(3), Athletes, College Athletes, Compensation, Educational Institutions

See all updates »

Brad Sandler

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

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

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

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Joseph Santucci Jr.

NLRB Lacks Quorum to Exercise its Authority Following President Trump’s Removal of Member; The President Also Dismissed NLRB General Counsel Abruzzo

Late on the evening of January 27, 2025, President Donald Trump removed National Labor Relations Board (NLRB or Board) General Counsel Jennifer Abruzzo from her position, a move that was widely anticipated after former President… more

Administrative Agencies, Employment Litigation, Labor Relations, NLRA, NLRB

See all updates »

Bernadette Sargeant

#MeToo Arbitration Ban – Protect Yourself With Prevention

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

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

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Kevin Savory

Impact of the Inflation Reduction Act of 2022 on Renewable Energy Tax Credits

On August 16, 2022, President Biden signed the Inflation Reduction Act of 2022 (Act) into law. The Act, while not as expansive as the previously proposed Build Back Better Act, addresses numerous areas of policy and law… more

Biden Administration, Climate Change, Inflation Reduction Act (IRA), Infrastructure, Investment Tax Credits

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Andrew Scavotto

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

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

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

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Stephanie Scheck

The 2024 EEO-1 Component 1 Data Collection: Purpose, Clarification, and Time to Report

On May 20, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) announced that the 2024 EEO-1 Component 1 data collection window is now open. The timeframe for covered employers to file the report is shorter than in… more

Civil Rights Act, Employer Responsibilities, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Federal Contractors

See all updates »

Julie Scheipeter

USPTO's New Trademark Fees Expected to Impact Filing Costs

The United States Patent and Trademark Office (USPTO) has implemented significant changes to its trademark filing fee structure, effective January 18, 2025. These changes represent a fundamental shift from the previous two-tier… more

Electronic Filing, Fees, Filing Fees, Intellectual Property Protection, Trademark Application

See all updates »

Stephen Schemenauer

Tariff Turbulence: Strengthening Construction Contracts to Weather the Storm

In light of the Trump administration’s imposition of 25% tariffs on imports from Canada and Mexico, construction industry stakeholders are facing renewed cost pressures and potential project delays. This alert discusses how… more

Construction Contracts, Construction Industry, Contract Disputes, Contract Terms, Delay Claims

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Stephanie Schmid

Unpacking the One Big Beautiful Bill’s Employee Benefit Provisions

On July 4, 2025, President Trump signed into law the One Big Beautiful Bill Act (“Act”), a sweeping tax and spending package, which includes provisions that impact employee benefit plans. These changes affect health savings… more

Dependent Care, Employee Benefits, Health Savings Accounts, Internal Revenue Code (IRC), New Legislation

See all updates »

Jonathan Schneider

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

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

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

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John Schroeder

USPTO Provides Interim Guidance on PTAB Discretionary Denials Under Fintiv

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

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

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Joel Schwartz

Justice Department Updates Self-Disclosure Policy; Deputy AG Announces Further Requirements

On February 22, 2023, the Department of Justice (DOJ) announced an update of its Voluntary Self-Disclosure Policy applicable to all United States Attorneys’ Offices in their prosecution decisions, effective immediately. The… more

Compliance, Corporate Misconduct, Department of Justice (DOJ), Self-Disclosure Requirements, Voluntary Correction Program

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Peter Schwingler

DOJ Repeals Healthcare Policy Statements Containing Longstanding Guidance on Information Sharing

On February 3, the Department of Justice (DOJ) formally withdrew three antitrust policy statements related to enforcement in the healthcare industry. These policy statements—from 1993, 1996, and 2011—addressed topics such as… more

Antitrust Provisions, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC), Healthcare

See all updates »

Justin Seitz

Trends, Pitfalls and Opportunities in Celebrity Philanthropy

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

Athletes, Celebrities, Celebrity Endorsements, Philanthropy, Private Foundations

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Christopher Sevedge

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

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

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

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Aalok Sharma

Playing on the Edge - Sweepstakes Casinos Face Challenges

Sweepstakes casinos have become a force in online gaming, offering casino-style games without navigating the complex regulatory scrutiny of gaming regulators or legislators. Sweepstakes casinos use creative business models,… more

Casinos, Consumer Protection Laws, Enforcement Actions, eSports, Gambling

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Connor Shaull

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

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

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

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John Simpson

Missouri Eliminates Capital Gains Tax

On July 10, 2025, Missouri Gov. Mike Kehoe signed House Bill 594, which will exclude both short- and long-term capital gains from Missouri individual income tax and, in certain circumstances, corporate income tax… more

Business Taxes, Capital Gains, Corporate Taxes, Income Taxes, New Legislation

See all updates »

Marc Simpson

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

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

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

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Penny Slicer

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 »

Betsy Smith

OSHA Publishes Hotly Anticipated Proposed Heat Standard

At long last and at the tail-end of what is on track to be the hottest summer on record, the Occupational Safety and Health Administration (OSHA) issued its first proposed heat standard on August 30, 2024. OSHA's Notice of… more

Comment Period, Employees, Employer Liability Issues, Health and Safety, Heat Exposure

See all updates »

Guy Smith

Energy Credits Extended for Wind and Solar Facilities

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

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

See all updates »

Victoria Smith

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

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

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

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Brian Sobczyk

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

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

Abatement, Environmental Policies, Environmental Protection Agency (EPA), Final Rules, Lead Paint

See all updates »

Kent Stallard

How Charities are Motivating Donors Under the New Tax Law

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

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

See all updates »

Naima Starks

From Field to Firm: Lessons for Lawyers from Athletes' Mental Health Playbook

Both athletes and lawyers operate in intense environments where performance is paramount. Athletes are trained to cope with stress through mental conditioning and performance strategies. In contrast, the legal field has… more

Corporate Culture, Employer Liability Issues, Law Firm Associates, Law Firm Partners, Law Practice Management

See all updates »

Renée Mueller Steinle

President Trump's Immigration Executive Order Blitz

With a blitz of executive orders in his first few days in office, President Donald Trump is focused on making swift changes impacting immigration. Foreign nationals and U.S. companies employing foreign nationals may be directly… more

Department of Homeland Security (DHS), Executive Orders, Foreign Nationals, Foreign Workers, Form I-9

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James Sticha

Overview of New Reporting Requirements Under the Corporate Transparency Act

What is the Corporate Transparency Act- The Anti-Money Laundering Act of 2020, which is part of the National Defense Authorization Act for Fiscal Year 2021 (NDAA), established the Corporate Transparency Act (CTA)… more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes

See all updates »

Lowell Stortz

How Charities are Motivating Donors Under the New Tax Law

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

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

See all updates »

Kelly Stout

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

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

Dividends, Securities and Exchange Commission (SEC), Securities Settlement Cycles

See all updates »

Sarah Lintecum Struby

Wisconsin Supreme Court Upholds State's Authority to Regulate PFAS Without Formal Rulemaking

On June 24, 2025, the Wisconsin Supreme Court rejected a challenge to the authority of the Wisconsin Department of Natural Resources (WDNR) to compel the cleanup of perfluoroalkyl and polyfluoroalkyl (PFAS) substances under… more

Administrative Procedure Act, Environmental Litigation, Government Agencies, Hazardous Substances, Judicial Authority

See all updates »

Anastasia Stull

Executive Order Targeting Politicized or Unlawful Debanking

On August 7, President Trump issued an Executive Order titled "Guaranteeing Fair Banking for All Americans" (the Order). The purpose of the Order is to prohibit financial institutions from engaging in "politicized or unlawful… more

Banking Sector, Compliance, Consumer Financial Protection Bureau (CFPB), Enforcement Actions, Executive Orders

See all updates »

Jonathan Sturtz

Stateside H-1B Visa Pilot Program Launch

Beginning January 29, 2024, under a pilot program, the U.S. Department of State will allow certain H-1B visa holders to renew their expired or expiring H-1B visas from within the United States, rather than needing to travel… more

H-1B, Highly-Skilled Workers Visa, Immigrants, Immigration Procedures, Pilot Programs

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Ryan Sugden

Minnesota Applies Direct Procurement Tax to Captive Insurers

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

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

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Shane Swanson

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

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

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

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Austin Tapuro

From Field to Firm: Lessons for Lawyers from Athletes' Mental Health Playbook

Both athletes and lawyers operate in intense environments where performance is paramount. Athletes are trained to cope with stress through mental conditioning and performance strategies. In contrast, the legal field has… more

Corporate Culture, Employer Liability Issues, Law Firm Associates, Law Firm Partners, Law Practice Management

See all updates »

Zachary Taylor

U.S. Companies and U.S. Persons now exempted from CTA; April 25, 2025 deadline set for Foreign Companies

On March 26, 2025, the Financial Crimes Enforcement Network (FinCEN) of the U.S. Department of Treasury published its revised Corporate Transparency Act (CTA) Beneficial Ownership Information (BOI) reporting rule, also known as… more

Beneficial Owner, Business Entities, Business Ownership, Corporate Transparency Act, Final Rules

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Harry Teichman

Newly Enacted Florida State Laws Affecting Business Owners

2025 Florida Legislative Update - Florida has recently enacted a number of important business and tax provisions that materially affect many Florida businesses and their owners… more

Business Ownership, Business Taxes, Employment Contract, Florida, New Legislation

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Matthew Tews

After 76 Years, the NLRB Declares Captive-Audience Meetings Unlawful

On November 13, 2024, the National Labor Relations Board (NLRB) held in Amazon.com Services LLC, 373 NLRB No. 136, that "captive-audience" meetings are unlawful under the National Labor Relations Act (NLRA). Specifically, the… more

Employee Rights, Employer Liability Issues, First Amendment, Labor Relations, NLRA

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Ann Thomas

CEOs Take a Collaborative Approach to Creating More Inclusive Workplaces

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

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

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William Thomson

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

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

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

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Peter Thrane

Minnesota Applies Direct Procurement Tax to Captive Insurers

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

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

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Kenda Tomes

REMIC Relief for COVID-19 Related Modifications and Forbearance

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

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

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Robert Torgerson

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

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

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

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Javier Torres

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

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

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

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Judd Treeman

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

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

Economic Development, Infrastructure, Job Creation

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Tessa Trelz

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

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

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

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Colin Turner

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

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

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

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Luke VanFleteren

DOL's Final Rule Increases Minimum Salary Threshold for FLSA Exemption, Overtime Requirements

On April 23, 2024, the Department of Labor (DOL) announced its anticipated final rule increasing the minimum salary threshold for exemption to the Fair Labor Standards Act (FLSA) overtime requirements, effective July 1, 2024… more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

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George Verschelden

Is Your Website ADA Compliant?

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

Americans with Disabilities Act (ADA), Department of Justice (DOJ), Disability Discrimination, Public Accommodation, Title III

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Michael Vincent

U.S. Supreme Court Provides Guidance on Litigation Over Arbitration Clauses

Arbitration agreements are intended to preclude litigating disputes in court, but the U.S. Supreme Court has clarified in two recent decisions — Coinbase Inc. v. Suski and Smith v. Spizzirri — that in certain circumstances, even… more

Arbitration, Arbitration Agreements, Coinbase Inc v Suski et al, Contract Disputes, Contract Terms

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Allyssa Wall

Impact of the Inflation Reduction Act of 2022 on Renewable Energy Tax Credits

On August 16, 2022, President Biden signed the Inflation Reduction Act of 2022 (Act) into law. The Act, while not as expansive as the previously proposed Build Back Better Act, addresses numerous areas of policy and law… more

Biden Administration, Climate Change, Inflation Reduction Act (IRA), Infrastructure, Investment Tax Credits

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J. Nicci Warr

FTC and DOJ Provide Critical Clarity on Passive Investment Rules Under Antitrust Law

In a significant development for institutional investors, the Federal Trade Commission (FTC) and Department of Justice (DOJ) have provided their first explicit statement confirming that engagement with companies on corporate… more

Antitrust Litigation, Antitrust Provisions, Asset Management, Corporate Financing, Corporate Governance

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Gerald Weidner

Paycheck Protection Program - What Has Changed?

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

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

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Marc Weintraub

In Florida and Elsewhere, Officials Target Latest Fantasy Sports Games

A crackdown on online "pick'em"-style contests in Florida could be a sign of what's to come as state regulators struggle to keep up with the rapidly changing world of daily fantasy sports and legalized sports wagering… more

Cease and Desist Orders, DraftKings, Enforcement Actions, eSports, FanDuel

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Sara Welch

Federal Courts Respond to Challenges to DOL's Salary Threshold Rule

On April 23, 2024, the U.S. Department of Labor (DOL) issued a final rule which included a two-step raise of the federal minimum salary requirement for exempt employees under the Fair Labor Standards Act (FLSA). Beginning July… more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules

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Eric Whytsell

Possible Relief from New Tariffs — and Risks to Avoid

Tariffs have been in the news almost daily. Not only have tariff rates changed repeatedly, but the deadlines around implementation are subject to change. Meanwhile, the list of new commodities that are subject to additional… more

Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Federal Acquisition Regulations (FAR)

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Heidi Wicker

Payment Stablecoin Regulatory Framework Established as GENIUS Act Signed Into Law

The Guiding and Establishing National Innovation for U.S. Stablecoins Act (the GENIUS Act) was recently signed into law by President Trump, establishing a regulatory framework for payment stablecoins and their issuers. The bill… more

AML/CFT, Cryptocurrency, Digital Assets, Financial Regulatory Reform, Financial Services Industry

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Mark Wilkins

IRS Introduces Official Section 83(b) Election Form

On November 7, 2024, the IRS introduced Form 15620, a new standardized form for taxpayers opting to make a Section 83(b) election. Previously, taxpayers needed to send a letter to the IRS with the required information to make… more

Executive Compensation, Filing Requirements, Income Taxes, IRC Section 83(b), IRS

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Claire Williams

Minnesota Enacts Sweeping Energy Legislation with Implications for Permitting, Transmission, and Decarbonization

Minnesota Governor Tim Walz recently signed into law sweeping energy legislation designed to ease permitting burdens on renewable energy development and address interconnection and transmission congestion in the state (the… more

Carbon Emissions, Energy Projects, Energy Sector, Energy Storage, Infrastructure

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Lonnie Williams Jr.

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

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

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

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Thomas Witherspoon

Federal Government Initiatives Combat Fraud and Promote Digitalization of Payments

Continuing the war on fraud and the attendant financial losses for U.S. businesses, consumers and government alike, the U.S. Department of the Treasury and federal banking agencies have launched a wide-ranging initiative under… more

Banking Sector, Digital Assets, Digital Currency, Executive Orders, Financial Crimes

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Benjamin Woodard

With Federal Restrictions Removed, a Wave of State Laws Highlights Risks of Using AI in Employment Decisions

In one of his first executive actions after retaking the White House, President Donald Trump repealed a 2023 Biden-era executive order that imposed requirements on the use of artificial intelligence (AI). It marked the first… more

Artificial Intelligence, Bias, Data Privacy, Employment Discrimination, Hiring & Firing

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Zachary Wright

Wisconsin Supreme Court Upholds State's Authority to Regulate PFAS Without Formal Rulemaking

On June 24, 2025, the Wisconsin Supreme Court rejected a challenge to the authority of the Wisconsin Department of Natural Resources (WDNR) to compel the cleanup of perfluoroalkyl and polyfluoroalkyl (PFAS) substances under… more

Administrative Procedure Act, Environmental Litigation, Government Agencies, Hazardous Substances, Judicial Authority

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Nicholas Zluticky

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

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