News
Religious Accommodations — What Employers Need to Know After Groff v. DeJoy
A recent United States Supreme Court case, Groff v. DeJoy, “clarified” the standard governing religious accommodation requests by altering the “undue hardship” framework. This landmark decision has broad implications for employers and employees alike. It is important...
Davenport Evans Welcomes Pedro N. Assis
Davenport, Evans, Hurwitz & Smith, LLP is pleased to announce the addition of a new attorney, Pedro N. Assis, to the firm. Pedro Assis is a member of the Davenport Evans Trust & Trust Companies practice group. He is a native of Guaxupé, Minas Gerais, Brazil....
Davenport Evans Welcomes Alex J. Hoffman
Davenport, Evans, Hurwitz & Smith, LLP is pleased to announce the addition of a new attorney, Alex J. Hoffman, to the firm. Alex Hoffman is a member of the Davenport Evans Trusts and Estates Practice group. He is a native of Elk Point, South Dakota and joined the...
Best Lawyers® 2024 Recognizes 18 Davenport Evans Lawyers
Davenport, Evans, Hurwitz & Smith, LLP in Sioux Falls, SD is pleased to announce that 18 Davenport Evans lawyers were listed in Best Lawyers® 2024 for South Dakota, in 22 different practice areas. In addition, two Davenport Evans lawyers were named 2024 Best...
Beyond Non-Competes: Limitations on the Use of Non-Disclosure and Non-Solicitation Agreements by Employers
As many employers are aware, non-compete agreements have been subject to increased scrutiny in recent years. Many states have recently passed laws that dramatically limit the enforceability of non-compete agreements, and the Federal Trade Commission (FTC) has recently...
Lending and Trusts: Recent Decision Leaves Bankers Feeling Uncertain
In February, the South Dakota Supreme Court injected uncertainty into lending transactions involving trust assets when it rejected a lender’s efforts to foreclose on trust property pledged as collateral for a loan. In Plains Commerce Bank, Inc. v. Beck, the Court...
Reece Almond Nominated for 4 Under 40 Award
The Young Professionals Network (YPN) of the Greater Sioux Falls Chamber of Commerce has announced the nominees for its 4 under 40 Awards, which honors young professionals who are changemakers in their business, industry and community. Davenport Evans litigation...
Employment Non-Compete Agreements Under Attack
Employment non-compete agreements, long considered a common tool for protecting employers’ interests, are facing increased scrutiny from both federal and state authorities. Recent actions by the Federal Trade Commission (“FTC”), the National Labor Relations Board...
Schaeffer’s Translation No. 3, SculptureWalk 2023, Sponsored by Davenport Evans
2023 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. This year’s sculpture is...
Some of the South Dakota Laws Effective July 1 — What Financial Institutions Need to Know
On July 1 of each year, most of the legislation passed in the previous January-March legislative session takes effect, and there are a few items which may be of interest in the financial institution/trust sector. This year the Governor’s trust task force bill (SB 95)...
Davenport Evans Lawyers Ranked Tier One by Chambers 2023
Lawyers from Davenport, Evans, Hurwitz & Smith LLP in Sioux Falls, SD have again been ranked Tier One by Chambers USA. In South Dakota, rankings are given in five categories: Corporate/Commercial Law, Corporate/Commercial: Bankruptcy/Restructuring, Labor &...
Where Are They Now? Davenport Evans Scholars Past and Present
For over 30 years, Davenport, Evans, Hurwitz & Smith has awarded eight annual scholarships through the Sioux Falls Area Community Foundation to seniors in surrounding counties. The scholarships acknowledge some of the area's most accomplished students, and are...
New Laws Protect Pregnant Workers & Nursing Mothers
When President Joe Biden signed the Consolidated Appropriations Act, 2023 in December 2022, pregnant workers and nursing mothers gained expanded protections, explains Davenport Evans Employment Lawyer, Brooke Schmidt. Pregnant Workers Fairness Act (PWFA) Employers...
Chamber News Features Employment Lawyer Brooke Schmidt
Davenport Evans Employment Lawyer Brooke N. Schmidt was recently featured in the Chamber News Magazine, published by the Greater Sioux Falls Chamber of Commerce. The article is part of the "Five Questions" series, but online, it's expanded to a full 10 questions! The...
Davenport Evans Welcomes 2023 Summer Associates
Davenport Evans is pleased to welcome its 2023 summer associate class, (as shown, left to right:) Preston J. Tetzlaff, Tony O. Metzgar, Trevor D. Case, and Nicholas R. Walter. Davenport Evans has a long history of hiring law students who participate in the firm’s...
Supreme Court Clarifies Fraud Exception to Debt Discharge
Federal appellate courts have long been split on the scope of the fraud exception to the dischargeability of debts in bankruptcy proceedings. The U.S. Supreme Court recently provided clarity on that issue, holding that debt based on fraud committed by a debtor’s...
Brooke Schmidt Graduates from Leadership Sioux Falls
Members of the 37th class of the Greater Sioux Falls Chamber of Commerce’s Evan C. Nolte Leadership Sioux Falls (LSF) program, including Davenport Evans lawyer Brooke N. Schmidt (shown second row center), graduated on Wednesday, May 3. Michael L. Wyland addressed the...
Confidentiality/Non-Disparagement Provisions May Violate NLRA
The National Labor Relations Board (NLRB) recently held in its McLaren Macomb decision that an employer may violate the National Labor Relations Act (NLRA) through the “mere proffer” of a severance agreement if it contains broad non-disparagement and confidentiality...
2023 Davenport Evans Banking Seminar Features Dr. Ashley Podhradsky
Thank you to all who joined us for the 16th Annual Davenport Evans Banking Seminar, Friday, April 21, at The Country Club of Sioux Falls. Click on the images below, or click through the image viewer, for photos from the day. The seminar began with a hot breakfast and...
Announcing 2023 Davenport Evans Scholarship Recipients
Davenport Evans has announced its 2023 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...
Chamber of Commerce Volunteer Spotlight: Tiffany Miller
Article by Jill Callison, shared courtesy of the Greater Sioux Falls Chamber of Commerce. Click here to view the April 2023 Chamber News, Vol. 58, No. 6 In 2013, Tiffany Miller joined the Community Appeals Committee, which researches applicants for capital fund...
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...
U.S. Supreme Court Upholds Technical Interpretation of Salary Basis
As the United State Supreme Court recently made clear, it is important for employers to follow the regulatory guidelines and not assume that high pay automatically means no overtime. In an opinion issued on February 22, the Court held that an employee making over...
Uniform Commercial Code Amendments: Correcting Misconceptions
What is the UCC? The Uniform Commercial Code (UCC) is a comprehensive set of laws governing all commercial transactions in the United States. It is not a matter of federal law, but rather a set of universally adopted state statutes. The uniformity of state adoption of...