News
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 OSHA is moving forward to use the directives set forth in the withdrawn ETS as a proposed...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...
National Kidney Foundation Dakotas Names Davenport Evans 2020-2021 Friend of the Foundation
On August 26, 2021, the National Kidney Foundation (NKF) Dakotas held their annual NKF Social at the Downtown Holiday Inn. That evening was included presentations of three awards for individuals and one company for their work helping to continue, expand, and share the...
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...
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...
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...
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...
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...
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...