News
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...
Davenport Evans Announces New Partner Joel Rische
Davenport, Evans, Hurwitz & Smith, LLP is pleased to announce that Joel R. Rische has become a partner in the firm. Joel R. Rische, is a member of the firm’s litigation section, having joined the firm in 2015. Joel’s focus is on commercial litigation in both state...
Louis and Dorothy Hurwitz: Honoring the Past, Planning for the Future with the SFACF
The following article is shared courtesy of the Sioux Falls Area Community Foundation, as published in their Winter 2020 Newsletter. Louis Hurwitz was a founding partner of Davenport, Evans, Hurwitz & Smith, LLP. As parents, Louis and Dorothy Hurwitz passed on...
FFCRA Leave Expires December 31, 2020
On Sunday, December 27, 2020, President Trump signed COVID-19 relief legislation providing government funding and a long-anticipated coronavirus relief package. The wide-sweeping legislation contains the answer to the question employers have been asking for weeks—do...
Davenport Evans Sponsors Christmas Families Through Presentation Sisters Caminando Juntos Ministry
The lawyers and staff at Davenport Evans Law Firm have a tradition of sponsoring families in need each holiday season. This year, we sponsored two "Christmas Families" with the help of the Presentation Sisters and their ministry, Caminando Juntos. Caminando Juntos...
Preparing to Bank Hemp and Marijuana in South Dakota
Hemp production has been legalized under both Federal and South Dakota law, and to the surprise of many, South Dakota voters recently approved a constitutional amendment legalizing marijuana. Bankers are already experiencing deposit-opening and loan requests from...
Davenport Evans Welcomes Mary A. Akkerman
Davenport, Evans, Hurwitz & Smith, LLP is pleased to announce the addition of attorney Mary A. Akkerman to the firm. Mary Akkerman joined the firm in December and will become a partner in January 2021. Mary has 20 years of experience practicing law in estate...
Holmstrom in SiouxFalls.Business: New Lawyer Embraces Importance of Mentoring
Davenport Evans Estate Planning lawyer Alayna A. Holmstrom was recently featured in the SiouxFalls.Business Up-And-Comer Column. This week’s Up-and-Comer is Alayna Holmstrom, an associate attorney at Davenport, Evans, Hurwitz & Smith LLP. Name: Alayna Holmstrom...
What Measure 26 and Amendment A Mean for Employers
On November 3rd, South Dakota voters approved Initiated Measure 26 (IM 26) to legalize medical marijuana and Amendment A to legalize recreational marijuana in South Dakota. Both IM 26 and Amendment A are not set to take effect until July 1, 2021. However, on November...
Davenport Evans Law Firm Takes the Safer Sioux Falls Pledge
Davenport Evans Law Firm has taken the Safer Sioux Falls Pledge. The Safer Sioux Falls Pledge is a voluntary community commitment to help slow the spread of COVID-19 by following mitigation efforts in organizations and businesses. These include wearing facial...
The Honorable Judge Schreier and Davenport Evans Lawyer Alayna Holmstrom Share Mentoring
The following is a story from Sam Wright of Dakota News Now, discussing mentoring with the Honorable Judge Karen E. Schreier and Davenport Evans lawyer Alayna A. Holmstrom. SIOUX FALLS, S.D. (Dakota News Now) - The Honorable Judge Karen Schreier was the first woman...
Rensink in SiouxFalls.Business: College Athlete Led to Legal Career with Estate Planning Focus
Davenport Evans Estate Planning lawyer Lori M. Rensink was recently featured in the SiouxFalls.Business Up-And-Comer Column. This week’s Up-and-Comer is Lori Rensink, an associate attorney at Davenport, Evans, Hurwitz & Smith LLP. Name: Lori Rensink Age: 28...
What to Know About Monitoring Remote Workers
Like other employers, financial institutions have worked to be flexible during the global COVID-19 pandemic by allowing employees to work remotely. With a growing remote workforce, many are enlisting the help of employee monitoring systems to oversee the devices used...
A South Dakota Series LLC – Could It Be Right For You?
The South Dakota Legislature recently passed laws allowing for the formation of “Series LLCs” in South Dakota. In doing so, it joins a number of other states and jurisdictions allowing Series LLCs to be formed, including Alabama, Arkansas, Delaware, the District of...
Larson and Miller Selected as Chamber of Commerce Committee Chairs
Davenport Evans lawyers Sarah Richardson Larson and Tiffany Miller have been selected as 2020-2021 committee chairs for the Greater Sioux Falls Chamber of Commerce. The Chamber offers 14 committees, each with a different purpose supporting the Chamber's mission, to...
The Right of Setoff: 5 Documentation Tips for Protecting Your Bank
“Setoff” is the right of a depository bank to appropriate funds in a deposit account it controls to satisfy debt owed by a customer to that depository bank. The right of setoff is derived from common law principals of law and equity, and has long been recognized in...
Davenport Evans Welcomes Alayna A. Holmstrom
Davenport, Evans, Hurwitz & Smith, LLP is pleased to announce the addition of a new attorney, Alayna A. Holmstrom, to the firm. A native of Rapid City, South Dakota, Alayna Homstrom joined the firm as an associate attorney in September 2020. She is a graduate of the...
CFPB Appoints Davenport Evans Alumna Kristina Schaefer to Community Bank Advisory Council
On September 16, the Consumer Financial Protection Bureau (CFPB) announced the appointment of new members to its Community Bank Advisory Council (CBAC). CBAC members serve a two-year term and provide advice on how the CFPB’s policies and rulemakings affect community...
New Regulations Provide Relief for Usury Headache
It is a truism in banking that federal regulations are a burden for the industry, and bankers often cite compliance with federal regulations as a significant burden. In a rare exception to that truism, the Office of the Comptroller of the Currency and the Federal...