News
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...
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...
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...
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,...
Randi Van Der Sloot Named 2021 KELOLAND Remarkable Woman
Last December, KELOLAND asked you to nominate the remarkable woman in your life for some special recognition. They received dozens of incredible nominations from all over KELOLAND. They selected four finalists to share more of their stories on KELOLAND Living,...
KELOLAND Announces Remarkable Women Finalist Lisa Smith
Last December, KELOLAND asked you to nominate the remarkable woman in your life for some special recognition. They received dozens of incredible nominations from all over KELOLAND. They selected four finalists to share more of their stories on KELOLAND Living,...
KELOLAND Announces Remarkable Women Finalist Maddie Borah
Last December, KELOLAND asked you to nominate the remarkable woman in your life for some special recognition. They received dozens of incredible nominations from all over KELOLAND. They selected four finalists to share more of their stories on KELOLAND Living,...
Quick Action Needed for COBRA Changes in the American Rescue Plan Act (ARPA)
On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021 (the “ARPA”). With nearly $2 trillion in economic relief spending, many headlines surrounding the passage of ARPA focused on individual-side benefits of the new legislation, such...
KELOLAND Announces Remarkable Women Finalist Trishia Fischer
Last December, KELOLAND asked you to nominate the remarkable woman in your life for some special recognition. They received dozens of incredible nominations from all over KELOLAND. They selected four finalists to share more of their stories on KELOLAND Living,...
KELOLAND Announces Remarkable Women Finalist Randi Van Der Sloot
Last December, KELOLAND asked you to nominate the remarkable woman in your life for some special recognition. They received dozens of incredible nominations from all over KELOLAND. They selected four finalists to share more of their stories on KELOLAND Living,...
New “Dealer Trust” Law — How Will It Impact Your Bank?
Near the end of 2020, the “Consolidated Appropriations Act” became law. As suggested by the title to the Act, it included a potpourri of legislative actions, many of which were designed to provide COVID-19 relief. One of the measures adopted as part of the Act amended...
Can Employers Offer Incentives to Participate in Wellness Programs?
Ask any employment law attorney this question, and you’re bound to receive the answer dreaded by clients everywhere… it depends. Over the past several decades, more and more employers have implemented employee health promotion and disease prevention programs, commonly...
February 4 ICBSD Call, Cannabis: What We Know About Banking A Budding Industry
The Independent Community Bankers of South Dakota (ICBSD) is teaming up with Preferred Partner Davenport Evans Law Firm to bring you a complimentary, conference call on Cannabis and Banking, powered by Davenport Evans Law Firm. The presentation, entitled, Cannabis:...
OCC Proposes New Rule Concerning Permissible National Bank Premises
January 4, 2021, the OCC issued a proposed rule which amends its regulations on ownership of real property by national banks and federal savings associations. The proposed rule, which will be codified as 12 C.F.R. 7.1024, replaces a prior rule on permissible national...
COVID Vaccines at Work
With COVID-19 vaccinations being distributed and administered around the country, the Equal Employment Opportunity Commission (EEOC) recently issued guidance to employers as they consider implementing vaccine-related policies in the workplace. Becoming familiar with...
2021 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, 2021. Applicable Exclusion Amount Under the 2010 Tax...