News
The Emergency Temporary Standard that Impacts Many South Dakota Employers
*UPDATE: On November 12, 2021, the Fifth Circuit Court of Appeals ordered OSHA to suspend its implementation and enforcement of the ETS. OSHA acknowledged the court order and suspended its activities related to the ETS. The Occupational Safety and Health...
Why Your Bank Must Have a Marijuana Banking Policy
Legalized marijuana is here to stay – in what form and with how much risk is yet to be determined. To assess and control that risk, South Dakota bankers should become familiar with the various new state and local laws and have a clear understanding of the Federal laws...
Podcast – Pandora Papers and South Dakota Trusts: The Rest of the Story
Understanding the impact and vital importance of true and accurate information regarding the recent release of the Pandora Papers, Bridgeford Trust Company – in an effort to tell the rest of the story and clarify the facts – organized and produced this very timely and...
President Biden’s Latest Plan to Vaccinate the Unvaccinated
On September 9, 2021, President Biden announced his six prong COVID-19 initiative to boost vaccinations across the United States. Most notably for employers, the plan affects private employers who have 100 or more employees, as well as government contractors....
Best Lawyers 2022 Business Edition: Litigation Issue
Best Lawyers® has recognized the following Davenport Evans lawyers in their 2022 Business Edition: Litigation Issue. Using information excerpted from the recently released 2022 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch in America, this...
Subchapter V Bankruptcy: What Have We Learned So Far?
The Small Business Reorganization Act of 2019 (SBRA) went into effect on February 19, 2020. The SBRA created Subchapter V within Chapter 11 of the Bankruptcy Code with the goal of providing “main street” business debtors with a more efficient manner of restructuring...
Non-Compete Agreements Under Fire
In President Biden’s recent Executive Order, he encouraged the Federal Trade Commission (FTC) to limit or ban non-compete agreements. Although President Biden’s Executive Order itself does not create new law, his intent is clear. Whether the FTC can or will act on his...
Davenport Evans Welcomes Kalen N. Frericks
Davenport, Evans, Hurwitz & Smith, LLP is pleased to announce the addition of a new attorney, Kalen N. Frericks, to the firm. A native of Northville, South Dakota, Kalen Frericks joined the firm as an associate attorney in 2021. She was also a summer associate...
Davenport Evans Welcomes Brooke N. Schmidt
Davenport, Evans, Hurwitz & Smith, LLP is pleased to announce the addition of a new attorney, Brooke N. Schmidt, to the firm. A native of Aberdeen, South Dakota, Brooke Schmidt joined the firm as an associate attorney in 2021.Brooke is a graduate of the University...
Best Lawyers® 2022 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® 2022 for South Dakota, in 24 different practice areas. In addition, three Davenport Evans lawyers were named 2022 Best...
Doug Hajek to Speak on Panel at YPN Crossroads Summit
The Young Professionals Network (YPN) is a program of the Greater Sioux Falls Chamber of Commerce, celebrating nearly 1,000 members, aged 21-39. The annual YPN Crossroads Summit, taking place Thursday, August 12 at the Sioux Falls Convention Center, is one of the...
Larson, Akkerman, Donohue, Prendergast Top-Ranked in 2021 Chambers High Net Worth Guide
Davenport, Evans, Hurwitz & Smith, LLP has received a top ranking in Chambers High Net Worth 2021 in the area of Private Wealth Law. Objective, independent and research-based, the Chambers High Net Worth guide recognized the world’s leading high net worth...
Court Affirms Employer’s Right to Mandate Vaccinations
In the first federal ruling on the issue, a Texas District Court judge recently dismissed a lawsuit brought by employees of Houston Methodist Hospital who opposed the Hospital’s COVID-19 vaccination mandate as a condition of their employment. The Court ruled against...
12 Davenport Evans Lawyers Named by Great Plains Super Lawyers, Three Named “Rising Stars”
Davenport, Evans, Hurwitz & Smith, LLP is pleased to announce selection of the following Davenport Evans lawyers to the 2021 edition of Great Plains Super Lawyers. Attorneys selected were ranked in the top 5% of practicing attorneys in South Dakota. Selected to...
New South Dakota Law Prohibits Healthcare Non-Compete Agreements
Healthcare providers and employees should take note of the recent passage of South Dakota House Bill 1154, which becomes effective on July 1, 2021. Davenport Evans lawyer Mike Srstka explains. The new law prohibits the inclusion of non-compete clauses in employment...
Maryland Challenges Third Party Lending Model
The Maryland Commission of Financial Regulation recently filed a “Charge Letter” (a form of an administrative complaint) to commence an administrative action against the Bank of Missouri, Fortiva, and Atlanticus. The Charge Letter asserts that the bank and its...
The ABCs of Risk Management
Banks today face many risks – credit risk, operational risk, liquidity risk – many of which are managed by well-trained individuals specializing in a given area of concern. The same is true of compliance risk, which is generally the responsibility of the bank’s...
Davenport Evans Lawyers Ranked Tier One by Chambers 2021
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 &...
Announcing 2021 Davenport Evans Scholarship Recipients
Davenport, Evans, Hurwitz & Smith Law Firm in Sioux Falls, SD announces their 2021 scholarship recipients. Davenport Evans awards $20,000 in scholarships annually through the Sioux Falls Area Community Foundation. The scholarships have benefited over 250 high...
What are the Alternatives to Guardianship? Answers from ACTEC
What is guardianship, also known as conservatorship, and what are the alternatives to guardianship? ACTEC Fellows Professor David M. English and Tara Anne Pleat discuss the options and what to consider when planning for the future. Learn how a power of attorney, a...
Davenport Evans Welcomes 2021 Summer Associates Kober and Leddy
Davenport Evans is pleased to welcome its 2021 summer associate class, Dillon D. Kober and Kiera L. Leddy. Davenport Evans has a long history of hiring law students who participate in the firm’s summer associate program. Dillon D. Kober attends the University of South...
Job Advertising: Avoiding Discrimination When Hiring
Advertising nationally for employment positions can present numerous issues as state laws vary widely. The following are some suggestions on dos and don’ts for advertising, as prepared by Davenport Evans lawyer Justin T. Clarke for the Employment Law eNewsletter. Sign...
The Corporate Transparency Act: Will It Impact My Bank?
On April 5, 2021, the Financial Crimes Enforcement Network (FinCEN) published an advanced notice of proposed rulemaking (ANPR) seeking feedback through May 5 from financial institutions (and others) regarding the beneficial ownership reporting requirements to be...
Highlights from the 2021 South Dakota Legislative Session
Despite COVID, some interesting discussions on use of federal funds to fight COVID, and some splits in the majority party over certain issues, the 2021 Legislature was generally positive for banks and trust companies. For trust companies and bank trust departments,...