News
Davenport Evans Lawyers “Most Recognized in South Dakota” by Best Lawyers® 2027
Davenport Evans Lawyers Awarded “Most Recognized in South Dakota” by The Best Lawyers in America® (2027 Edition). The lawyers at Davenport, Evans, Hurwitz & Smith, LLP have been named the “Most Recognized Lawyers in South Dakota, with 18 lawyers selected to The...
Davenport Evans Welcomes Nathaniel G. Nielsen
Davenport, Evans, Hurwitz & Smith, LLP is pleased to announce the addition of a new attorney, Nathaniel G. Nielsen, to the firm. Nate Nielsen, a native of Sisseton, South Dakota, is a member of the Davenport Evans Transactions and General Business practice group....
Whose Name Is on Your Financing Statement?
As bankers well know, perfecting a security interest protects your collateral against anyone else who might claim it. Article 9 of the UCC offers several ways to perfect, but the most common is filing a financing statement (a UCC-1) with the appropriate filing office....
Reforms to South Dakota Noncompete Laws Affecting Business Owners and Employers
As of July 1, 2026, South Dakota employers and business owners face a recalibrated landscape for noncompete agreements as two laws took effect, House Bill 1180 (“HB1180”), codified as SDCL § 53-9-10.1, and Senate Bill 153 (“SB153”), which amended SDCL §...
The Agricultural Processor Liens – What Bankers Should Know
The 2026 legislature adopted amendments to significantly revise South Dakota’s agricultural processor lien statutes, which generally provide a lien on crops to persons who “process” the crops, including threshing, combining, bailing, and related services. The changes...
Super Lawyers 2026 Recognizes 14 Davenport Evans Lawyers
Davenport, Evans, Hurwitz & Smith, LLP is pleased to announce selection of the following Davenport Evans lawyers to the 2026 edition of Great Plains Super Lawyers. Attorneys selected were ranked in the top 5% of practicing attorneys in South Dakota. ...
Brooke Schmidt Named Young Lawyer of the Year by State Bar of South Dakota
Davenport Evans lawyer Brooke N. Schmidt was presented the 2026 South Dakota Young Lawyer of the Year Award on behalf of the State Bar of South Dakota on June 24 at the Sioux Falls Convention Center. The South Dakota Young Lawyer of the Year Award recognizes members...
Banking Highlights from the 2026 South Dakota Legislative Session
Most legislative enactments (unless they have an emergency clause attached to them) take effect on July 1. The 2026 South Dakota legislative session led to some interesting bills affecting financial institutions. The Lawful Delay of Suspicious Transactions One of the...
CMS Enforcing Changes for MMSEA 111
Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (“Section 111”) contains mandatory reporting requirements for entities responsible for providing primary insurance to Medicare beneficiaries. These entities, referred to as responsible reporting...
Davenport Evans Welcomes 2026 Summer Associates
Davenport Evans is pleased to welcome its 2026 summer associate class, (as shown, left to right:) Caleb M. Stork, Benjamin R. Connor, and Tommy L. Morrison. Davenport Evans has a long history of hiring law students who participate in the firm’s summer associate...
Announcing 2026 Davenport Evans Scholarship Recipients
Davenport Evans Law Firm is proud to announce our 2026 scholarship recipients. The scholarships, totaling $20,000 annually, have benefited nearly 300 students over decades. Scholarships are awarded through the Sioux Falls Area Community Foundation to seniors headed to...
New ICE Fact Sheet Makes Common I-9 Errors Substantive Violations
Form I‑9 compliance has been a recurring topic in our prior updates. In the newest development, ICE issued updated guidance via this fact sheet on March 16, 2026, materially expanding what constitutes a substantive violation. As a reminder, the Immigration Reform and...
Terry Prendergast named a Howard Wood Honorary Referee
Davenport Evans lawyer Terry Prendergast has been named a 2026 Howard Wood Relay Honorary Referee. ReNae Hays has also received the honor in 2026. Click here for a historical listing of Honorary Referees. Terry Prendergast grew up in Volga, South Dakota, with his...
New Federal Regulations Require Updates to Substance Use Disorder Privacy Notices
On March 27, 2020, Congress enacted the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Perhaps one of its lesser-known features, the CARES Act included a provision related to the confidentiality and disclosure of substance use disorder (SUD) patient...
Does the One Big Beautiful Bill Act Exempt Overtime Pay From Taxation?
Last year, the One Big Beautiful Bill Act (OBBBA) was passed. As was widely reported, the OBBBA includes a new federal income tax deduction related to overtime pay. This provision was touted as the “no tax on overtime” law. Unfortunately, the truth is far more nuanced...
I-9 Audits: What to Expect and How to Prepare
American employers are acutely aware of their duty to comply with the Immigration Reform and Control Act of 1986. That duty goes beyond confirming the identity and employment authorization of all employees using Form I-9 at hiring. There are legal risks and compliance...
The Demise of the CFPB?
At this point, the Trump administration’s strategy with respect to the Consumer Financial Protection Bureau (“CFPB”) is completely transparent. Instead of seeking the dissolution of the agency through the legislative process, it has sentenced the CFPB to death by...
Davenport Evans Team Enjoys Annual Service at The Banquet
On January 15, Davenport Evans celebrated the holiday season as we do every year, with a time of service. Attorneys, staff and family members spent an evening serving a meal, eating with guests, washing dishes, scrubbing tables and sharing the blessing of The Banquet....
Attorney-Client Secrets: Can Regulators Override Attorney-Client Privilege?
As published in the Independent Community Bankers of South Dakota quarterly magazine The Bottom Line, Volume 4 | 2025. Sign up for ICBSD e-news here. The attorney-client privilege protects communications between attorneys and their clients from compelled disclosure....
Davenport Evans Announces Three New Partners
Davenport, Evans, Hurwitz & Smith, LLP is pleased to announce that Alayna A. Holmstrom, Elliot J. Knuths, and Lori M. Rensink shown left to right above, have become partners in the firm. Alayna A. Holmstrom is a native of a Rapid City, South Dakota, and a member...
Retirement: Celebrating the Distinguished Career of Robert Hayes
On December 30, Davenport Evans lawyers and staff, spouses and honored guests, gathered to celebrate the retirement and distinguished career of Robert E. Hayes. Bob has spent his entire legal career, 48 years, at Davenport, Evans, Hurwitz & Smith, LLP. He joined...
Davenport Evans Families Support Journey of Hope
Davenport Evans has a tradition of giving back as a company and as individuals, during the holiday season. This year, our individual project was a product drive for Journey of Hope. Journey of Hope strives to meet people on life’s path, providing necessities,...
The Midwest Enforcement Wave and Your I‑9 Obligations
Recent immigration activity underscores the importance of diligent I-9 practices. In Nebraska, one of the fastest-growing meatpacking companies in the Midwest saw production collapse by nearly 70 percent after federal agents raided the plant and detained more than 100...
Davenport Evans Welcomes Braiden H. Petersen
Davenport, Evans, Hurwitz & Smith, LLP is pleased to announce the addition of a new attorney, Braiden H. Petersen, to the firm. Braiden Petersen is a member of the Davenport Evans General Business practice group. A native of Brandon, South Dakota, he joined the...