News

FTC v. Employers: Do Banks Have a Dog in the Fight?

FTC v. Employers: Do Banks Have a Dog in the Fight?

On January 5, the Federal Trade Commission (“FTC”) published a notice of proposed rulemaking (the “Proposed Rule”) that would effectively prohibit noncompete clauses in contracts between employers and workers. The FTC’s authority to issue regulations prohibiting...

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Counterfeit vs. Altered Checks

Counterfeit vs. Altered Checks

According to most history texts, checks were first used sometime in the early 1500s in the Netherlands, and likely, check fraud was not far behind. In 1762, the Court of the King’s Bench in England decided Price v. Neal, establishing the fundamental principles and...

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Suspicious Activity – Will You Know It When You See It?

Suspicious Activity – Will You Know It When You See It?

The Federal Bank Secrecy Act is aimed at preventing money laundering and the financing of terrorism or other criminal activity, and suspicious activity reporting is a key component of the BSA framework. A bank’s failure to file suspicious activity reports or its...

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A Primer on Permissible Bank Investments

A Primer on Permissible Bank Investments

Banks are creatures of limited powers under both state and federal law and are tightly constrained when it comes to the types of investments they may hold. Those constraints apply to both debt securities a bank may hold for investment, and also equity securities,...

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2023 Estate Gift Tax Exclusions

2023 Estate Gift Tax Exclusions

The lifetime estate exclusion amount (also sometimes called the estate tax exemption amount, the applicable exclusion amount, or the unified credit amount) has been increased for inflation beginning January 1, 2023. Applicable Exclusion Amount Under the 2010 Tax...

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Kingler Admitted to South Dakota Federal Court

Kingler Admitted to South Dakota Federal Court

On October 3, Davenport Evans litigation attorney Kurt Wm. Kingler was admitted to practice in the United States District Court, District of South Dakota. Kingler was sworn in by The Honorable Karen E. Schreier, United States District Judge for the District of South...

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Which Local Employment Laws Apply to Remote Work?

Which Local Employment Laws Apply to Remote Work?

We are frequently asked, “Which local laws apply when workers temporarily relocate? Does the answer depend on whether the employer assigned the employee to work in that location or whether the employee is some sort of digital nomad who works remotely from locations...

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Davenport Evans Emmy Winners Share Awards Night Picks

Davenport Evans Emmy Winners Share Awards Night Picks

With the 74th Annual Emmy Awards airing tonight on NBC, Davenport Evans thought it might be fun to introduce you to our two Upper Midwest Regional Emmy® Award-winning lawyers, Dillon Kober and Joel Rische. We asked them about their award-winning projects and their...

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Cramming Down Interest Rates in an Era of High Inflation

Cramming Down Interest Rates in an Era of High Inflation

In 2004, the United States Supreme Court was faced with the question of whether a debtor could “cram down” the interest rate applicable to a secured creditor’s claim by using a “prime-plus” formula approach. In Till v. SCS Credit Corp., a Chapter 13 case, the debtors...

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Davenport Evans Welcomes Kurt Wm. Kingler

Davenport Evans Welcomes Kurt Wm. Kingler

Davenport, Evans, Hurwitz & Smith, LLP is pleased to announce the addition of a new attorney, Kurt Wm. Kingler, to the firm. A native of Wheaton, Illinois, Kurt Kingler is a member of the Davenport Evans Litigation practice group. Kurt joined Davenport Evans in...

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Best Lawyers® 2023 Recognizes 17 Davenport Evans Lawyers

Best Lawyers® 2023 Recognizes 17 Davenport Evans Lawyers

Davenport, Evans, Hurwitz & Smith, LLP in Sioux Falls, SD is pleased to announce that 17 Davenport Evans lawyers were listed in Best Lawyers® 2023 for South Dakota, in 22 different practice areas. In addition, three Davenport Evans lawyers were named 2023 Best...

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Davenport Evans Welcomes Dillon D. Kober

Davenport Evans Welcomes Dillon D. Kober

Davenport, Evans, Hurwitz & Smith, LLP is pleased to announce the addition of a new attorney, Dillon D. Kober, to the firm. A native of Sleepy Eye, Minnesota, Dillon Kober is a member of the Davenport Evans Transactions and General Business practice group. Dillon...

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Why Should Employers Review Their Website Accessibility?

Why Should Employers Review Their Website Accessibility?

Employers are often familiar with Title I of the American with Disabilities Act (“ADA”), which prohibits discrimination on the basis of disability in employment. But many are not as familiar with Title III of the ADA, which prohibits discrimination in places of...

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Succession Planning: Worth the Work

Succession Planning: Worth the Work

Every closely held business should have a succession plan in place. While many owners of small businesses may not find it pleasant to think about a time in which they are no longer able to work, employees and family members are depending on them to develop a careful...

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About Cryptocurrency… It’s Not Going Away.

About Cryptocurrency… It’s Not Going Away.

Fans of the Harry Potter books will recall the first book when young Harry was living with his muggle (non-wizard) family and he started receiving letters from Hogwarts, the wizard school, inviting him to attend during the next school session. At first his muggle...

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