News
Brooke Schmidt Joins Chamber of Commerce Leadership Sioux Falls Class 37
Thirty-seven individuals, including Davenport Evans Employment lawyer Brooke Schmidt, have been selected to comprise the 37th class of the Evan C. Nolte Leadership Sioux Falls program. Class participants, who represent a variety of businesses, industries and...
Davenport Evans Emmy Winners Share Awards Night Picks
With the 74th Annual Emmy Awards airing tonight on NBC, Davenport Evans thought it might be fun to introduce you to our two Upper Midwest Regional Emmy® Award-winning lawyers, Dillon Kober and Joel Rische. We asked them about their award-winning projects and their...
Cramming Down Interest Rates in an Era of High Inflation
In 2004, the United States Supreme Court was faced with the question of whether a debtor could “cram down” the interest rate applicable to a secured creditor’s claim by using a “prime-plus” formula approach. In Till v. SCS Credit Corp., a Chapter 13 case, the debtors...
Best Lawyers® 2023 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® 2023 for South Dakota, in 22 different practice areas. In addition, three Davenport Evans lawyers were named 2023 Best...
Davenport Evans Welcomes Dillon D. Kober
Davenport, Evans, Hurwitz & Smith, LLP is pleased to announce the addition of a new attorney, Dillon D. Kober, to the firm. A native of Sleepy Eye, Minnesota, Dillon Kober is a member of the Davenport Evans Transactions and General Business practice group. Dillon...
Why Should Employers Review Their Website Accessibility?
Employers are often familiar with Title I of the American with Disabilities Act (“ADA”), which prohibits discrimination on the basis of disability in employment. But many are not as familiar with Title III of the ADA, which prohibits discrimination in places of...
Succession Planning: Worth the Work
Every closely held business should have a succession plan in place. While many owners of small businesses may not find it pleasant to think about a time in which they are no longer able to work, employees and family members are depending on them to develop a careful...
About Cryptocurrency… It’s Not Going Away.
Fans of the Harry Potter books will recall the first book when young Harry was living with his muggle (non-wizard) family and he started receiving letters from Hogwarts, the wizard school, inviting him to attend during the next school session. At first his muggle...
Larson, Akkerman, Donohue, Prendergast Top-Ranked in 2022 Chambers High Net Worth Guide
Davenport, Evans, Hurwitz & Smith, LLP has again received a top ranking in Chambers High Net Worth 2022 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...
Did We Learn Anything from the DOJ’s ADA Online Accessibility Guidelines?
Title III of the Americans with Disabilities Act (ADA) generally provides that, as a place of public accommodation, a financial institution must ensure that its goods and services are available to people with disabilities by making reasonable modifications, offering...
Reece Almond Receives South Dakota Bar Association Pro Bono Service Award
The Annual Convention of the State Bar of South Dakota recently took place in Rapid City, SD. On its final day, June 24, Davenport Evans lawyer Reece Almond was presented with the South Dakota Bar Association Pro Bono Service Award for 2022. The award recognizes...
AI and Employment Decisions: Avoiding Discrimination
As new technologies continue to emerge, changes to the ways companies hire and work are a natural consequence. Artificial intelligence (AI), and the software applications that utilize it, are finding an increasingly larger role in the workplace. Employers can use...
Credit Terms and Loan Denials: Does Your ECOA Compliance Program Meet Regulatory Standards?
The federal Equal Credit Opportunity Act (ECOA) and its implementing Regulation B are designed to prevent discrimination in credit decisions. While many of the requirements and prohibitions of the ECOA and Regulation B seem intuitive, the potential discriminatory...
Davenport Evans Lawyers Ranked Tier One by Chambers 2022
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 &...
Shohini Ghosh Voltereta, SculptureWalk 2022, Sponsored by Davenport Evans
UPDATE: "Voltereta" wins 2022 Best of Show 2nd Place award, August 15! Davenport Evans sends our congratulations to artist Shohini Ghosh on this well-deserved honor. Original Post, June 2, 2022: The 2022 SculptureWalk installations have arrived, and they are...
Discrimination Claims Arise Due to Unpaid Short-Term Military Leave
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employment discrimination against an employee based on past military service, current militarily obligations, or the intent to serve. One form of discrimination arises when servicemember...
Davenport Evans Welcomes 2022 Summer Associates
Davenport Evans is pleased to welcome its 2022 summer associate class, (as shown, left to right:) Nicholas R. Walter, Carsten M. Archer, Preston J. Tetzlaff, and Pedro Negrão de Assis. Davenport Evans has a long history of hiring law students who participate in the...
Announcing 2022 Davenport Evans Scholarship Recipients
Davenport Evans has announced its 2022 scholarship recipients. For over 35 years, the firm has awarded eight annual scholarships totaling $20,000 to be used at institutions of higher learning in the state of South Dakota. Scholarships are awarded through the Sioux...
Prendergast in Rapid City May 19 for Pandora Papers: The Rest of the Story
Davenport Evans Lawyer Terry N. Prendergast will present Pandora Papers: The Rest of the Story on May 19, from 11:30 a.m. - 1 p.m. at The Journey Museum in Rapid City, SD. The presentation is a featured event in a series by the West River Estate and Financial Planning...
The Risks of Employee Wellness Plan Incentives and Penalties
Employers who offer more than minimal incentives (or who impose more than minimal penalties) to encourage employee participation in workplace wellness programs could be taking significant risks. Davenport Evans litigation attorney Mike Snyder explains. Yale University...
Highlights from the 2022 South Dakota Legislative Session
The 2022 South Dakota legislative session ended March 28, 2022, with 245 bills passed and signed by the Governor. All told, there were 340 House Bills, 14 House concurrent resolutions, three House Joint resolutions, five House resolutions, 213 Senate Bills, 8 Senate...
Remote Work Considerations for South Dakota Banks
Over the past several years, employers have worked to provide flexible work environments in response to the COVID-19 pandemic. Employees have taken advantage of these opportunities and are likely to continue to request flexible work environments in the future,...
Brooke Schmidt to Speak for Siouxland Chapter of American Payroll Association
Davenport Evans Employment Lawyer Brooke Schmidt will present June 9 at 1:30 p.m. for the Siouxland Chapter of the American Payroll Association. She will provide an overview on the Fair Labor Standards Act's Employment Classifications and other wage and hour issues....
Participant Choice Does Not Relieve ERISA Fiduciaries from Duty of Prudence
An ERISA fiduciary must act “with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like...