News

Why Your Bank Must Have a Marijuana Banking Policy

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...

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Best Lawyers 2022 Business Edition: Litigation Issue

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...

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Subchapter V Bankruptcy:  What Have We Learned So Far?

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...

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Non-Compete Agreements Under Fire

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...

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Davenport Evans Welcomes Kalen N. Frericks

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...

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Davenport Evans Welcomes Brooke N. Schmidt

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...

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Best Lawyers® 2022 Recognizes 17 Davenport Evans Lawyers

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...

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Doug Hajek to Speak on Panel at YPN Crossroads Summit

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...

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Court Affirms Employer’s Right to Mandate Vaccinations

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...

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Maryland Challenges Third Party Lending Model

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...

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The ABCs of Risk Management

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...

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Davenport Evans Lawyers Ranked Tier One by Chambers 2021

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 &...

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Announcing 2021 Davenport Evans Scholarship Recipients

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...

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Job Advertising: Avoiding Discrimination When Hiring

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...

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The Corporate Transparency Act: Will It Impact My Bank?

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...

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Highlights from the 2021 South Dakota Legislative Session

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,...

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