News
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...
Best Lawyers 2022 Real Estate and Infrastructure Edition
Best Lawyers®, the oldest and most respected guide to the legal profession, has announced the release of the 2022 Best Lawyers: Real Estate and Infrastructure Edition. This publication features more than 16,000 lawyers recognized in the 2022 editions of The Best...
Regulatory Interest in the Buy Now Pay Later Industry
If you have made a large (or perhaps even not so large) purchase from an online retailer in the past couple of years, you probably noticed the multiple payment options available to online purchasers. After you select your item, put it in your cart, and select or...
Congress Ends Forced Arbitration for Sexual Assault/Harassment Claims
In February 2022, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. Like its name suggests, this Act allows persons alleging to be victims of sexual assault or sexual harassment to invalidate arbitration agreements that would...
Reece Almond, Friend of the Big Sioux River
Davenport Evans lawyer Reece Almond serves as vice-chair of the Sioux Falls-based non-profit, Friends of the Big Sioux River (FBSR). The organization focuses on water quality monitoring, public policy and advocacy, river restoration, and education. Almond was featured...
Debate Continues On Time to Report Injuries for Workers’ Compensation
The legislative session always brings with it potential changes in employment and workers’ compensation law. This year was no different. Davenport Evans lawyer Justin T. Clarke looks at one on-going debate. Senate Bill 70, entitled “An Act to modify the amount of time...
South Dakota Again Top State for Trusts
Every two years since 2010, Trusts and Estates Magazine has compared all 50 states in the United States to determine where the best state is to situs your trusts. The magazine does extensive studies on numerous factors such as top states for dynasty trusts, income,...
Akkerman to Present at Midwest/Midsouth Estate Planning Institute
Davenport Evans lawyer Mary A. Akkerman will be a speaker in the 2022 49th Annual Midwest-Midsouth Estate Planning Institute in Lexington, KY. Akkerman will present, “What Every Estate Planner Needs to Know About Gun Trusts,” on July 28. The 49th Annual...
Davenport Evans Announces New Partner Mike Snyder
Davenport, Evans, Hurwitz & Smith, LLP is pleased to announce that Michael L. Snyder has become a partner in the firm. Mike Snyder is a litigation attorney at Davenport Evans. Mike’s practice consists primarily of commercial and complex litigation, workers’...
Join the Jan. 7 Chamber Zoom on OSHA Emergency Temporary Standard
On Friday, January 7, from 11-11:45 a.m., the Greater Sioux Falls Chamber of Commerce is hosting a Zoom meeting exclusively for Chamber and Sioux Falls Development Foundation members. Davenport Evans Lawyers Jean Bender and Brooke Schmidt will provide a timely update...
Bank Holding Company Compliance Issues for Community Banking Organizations
Most South Dakota-based community banking organizations include a bank holding company (BHC), perhaps resulting from when the organization made its first acquisition and needed outside financing to get the deal done. Regardless of why the organization chose to create...
The Emergency Temporary Standard that Impacts Many South Dakota Employers
UPDATE: On January 25, 2022, OSHA announced that it is withdrawing the vaccination and testing emergency temporary standard (ETS). This action will end the current litigation. OSHA is moving forward to use the directives set forth in the withdrawn ETS as a proposed...
OCC Issues Guidance on Payment System Regulation
In October 2021, the OCC released new guidance concerning payment systems. This guidance incorporated new regulations promulgated in December 2020, imposing specific notice requirements on national banks and federal savings associations entering new or modified...
2022 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, 2022. Applicable Exclusion Amount Under the 2010 Tax...
Holiday Service at The Banquet 2021
Davenport Evans lawyers and staff continued the firm’s annual holiday tradition of volunteering at The Banquet, a feeding ministry, in December. Led by former Banquet Board Chair and Davenport Evans lawyer Eric Schulte, the group of volunteers served at The Banquet’s...
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...
Podcast – Pandora Papers and South Dakota Trusts: The Rest of the Story
Understanding the impact and vital importance of true and accurate information regarding the recent release of the Pandora Papers, Bridgeford Trust Company – in an effort to tell the rest of the story and clarify the facts – organized and produced this very timely and...
President Biden’s Latest Plan to Vaccinate the Unvaccinated
On September 9, 2021, President Biden announced his six prong COVID-19 initiative to boost vaccinations across the United States. Most notably for employers, the plan affects private employers who have 100 or more employees, as well as government contractors....
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...
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...
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...
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...