News
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...
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...
Did We Learn Anything from the DOJ’s ADA Online Accessibility Guidelines?
Title III of the Americans with Disabilities Act (ADA) generally provides that, as a place of public accommodation, a financial institution must ensure that its goods and services are available to people with disabilities by making reasonable modifications, offering...
Reece Almond Receives South Dakota Bar Association Pro Bono Service Award
The Annual Convention of the State Bar of South Dakota recently took place in Rapid City, SD. On its final day, June 24, Davenport Evans lawyer Reece Almond was presented with the South Dakota Bar Association Pro Bono Service Award for 2022. The award recognizes...
AI and Employment Decisions: Avoiding Discrimination
As new technologies continue to emerge, changes to the ways companies hire and work are a natural consequence. Artificial intelligence (AI), and the software applications that utilize it, are finding an increasingly larger role in the workplace. Employers can use...
Credit Terms and Loan Denials: Does Your ECOA Compliance Program Meet Regulatory Standards?
The federal Equal Credit Opportunity Act (ECOA) and its implementing Regulation B are designed to prevent discrimination in credit decisions. While many of the requirements and prohibitions of the ECOA and Regulation B seem intuitive, the potential discriminatory...
Shohini Ghosh Voltereta, SculptureWalk 2022, Sponsored by Davenport Evans
The 2022 SculptureWalk installations have arrived, and they are extraordinary! Davenport Evans is proud to support the Sioux Falls SculptureWalk, sponsoring the installation which appears before the Federal Courthouse at 12th and Phillips. "Voltereta" Artist's...
Discrimination Claims Arise Due to Unpaid Short-Term Military Leave
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employment discrimination against an employee based on past military service, current militarily obligations, or the intent to serve. One form of discrimination arises when servicemember...
Davenport Evans Welcomes 2022 Summer Associates
Davenport Evans is pleased to welcome its 2022 summer associate class, (as shown, left to right:) Nicholas R. Walter, Carsten M. Archer, Preston J. Tetzlaff, and Pedro Negrão de Assis. Davenport Evans has a long history of hiring law students who participate in the...
Announcing 2022 Davenport Evans Scholarship Recipients
Davenport Evans has announced its 2022 scholarship recipients. For over 35 years, the firm has awarded eight annual scholarships totaling $20,000 to be used at institutions of higher learning in the state of South Dakota. Scholarships are awarded through the Sioux...
Prendergast in Rapid City May 19 for Pandora Papers: The Rest of the Story
Davenport Evans Lawyer Terry N. Prendergast will present Pandora Papers: The Rest of the Story on May 19, from 11:30 a.m. - 1 p.m. at The Journey Museum in Rapid City, SD. The presentation is a featured event in a series by the West River Estate and Financial Planning...
The Risks of Employee Wellness Plan Incentives and Penalties
Employers who offer more than minimal incentives (or who impose more than minimal penalties) to encourage employee participation in workplace wellness programs could be taking significant risks. Davenport Evans litigation attorney Mike Snyder explains. Yale University...
Highlights from the 2022 South Dakota Legislative Session
The 2022 South Dakota legislative session ended March 28, 2022, with 245 bills passed and signed by the Governor. All told, there were 340 House Bills, 14 House concurrent resolutions, three House Joint resolutions, five House resolutions, 213 Senate Bills, 8 Senate...
Remote Work Considerations for South Dakota Banks
Over the past several years, employers have worked to provide flexible work environments in response to the COVID-19 pandemic. Employees have taken advantage of these opportunities and are likely to continue to request flexible work environments in the future,...
Brooke Schmidt to Speak for Siouxland Chapter of American Payroll Association
Davenport Evans Employment Lawyer Brooke Schmidt will present June 9 at 1:30 p.m. for the Siouxland Chapter of the American Payroll Association. She will provide an overview on the Fair Labor Standards Act's Employment Classifications and other wage and hour issues....
Participant Choice Does Not Relieve ERISA Fiduciaries from Duty of Prudence
An ERISA fiduciary must act “with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like...
Best Lawyers 2022 Real Estate and Infrastructure Edition
Best Lawyers®, the oldest and most respected guide to the legal profession, has announced the release of the 2022 Best Lawyers: Real Estate and Infrastructure Edition. This publication features more than 16,000 lawyers recognized in the 2022 editions of The Best...
Regulatory Interest in the Buy Now Pay Later Industry
If you have made a large (or perhaps even not so large) purchase from an online retailer in the past couple of years, you probably noticed the multiple payment options available to online purchasers. After you select your item, put it in your cart, and select or...
Congress Ends Forced Arbitration for Sexual Assault/Harassment Claims
In February 2022, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. Like its name suggests, this Act allows persons alleging to be victims of sexual assault or sexual harassment to invalidate arbitration agreements that would...
Reece Almond, Friend of the Big Sioux River
Davenport Evans lawyer Reece Almond serves as vice-chair of the Sioux Falls-based non-profit, Friends of the Big Sioux River (FBSR). The organization focuses on water quality monitoring, public policy and advocacy, river restoration, and education. Almond was featured...
Debate Continues On Time to Report Injuries for Workers’ Compensation
The legislative session always brings with it potential changes in employment and workers’ compensation law. This year was no different. Davenport Evans lawyer Justin T. Clarke looks at one on-going debate. Senate Bill 70, entitled “An Act to modify the amount of time...
South Dakota Again Top State for Trusts
Every two years since 2010, Trusts and Estates Magazine has compared all 50 states in the United States to determine where the best state is to situs your trusts. The magazine does extensive studies on numerous factors such as top states for dynasty trusts, income,...
Akkerman to Present at Midwest/Midsouth Estate Planning Institute
Davenport Evans lawyer Mary A. Akkerman will be a speaker in the 2022 49th Annual Midwest-Midsouth Estate Planning Institute in Lexington, KY. Akkerman will present, “What Every Estate Planner Needs to Know About Gun Trusts,” on July 28. The 49th Annual...
Davenport Evans Announces New Partner Mike Snyder
Davenport, Evans, Hurwitz & Smith, LLP is pleased to announce that Michael L. Snyder has become a partner in the firm. Mike Snyder is a litigation attorney at Davenport Evans. Mike’s practice consists primarily of commercial and complex litigation, workers’...