Publications Archive

On September 11, 2023, Delaware Governor John Carney signed the Delaware Personal Data Privacy Act into law. The Delaware Act will go into effect on January 1, 2025.

The Nebraska Department of Revenue (NDOR) released forms on September 1, 2023, to implement Nebraska's new pass-through entity tax (PTET) law, which may affect 2023 filings. The NDOR has efficiently implemented these changes and provided forms through a dedicated PTET website, simplifying the process.

Discover the new Form I-9, enabling E-Verify employers to virtually inspect identity and work authorization documents for new hires. Plus, access top E-Verify compliance tips.

Explore essential contract considerations for customers of Generative AI solutions. Uncover 5 key factors to evaluate before contracting and leveraging GenAI.

Learn how to navigate loyalty program laws in California and Colorado to ensure compliance. Understand opt-in requirements, data disclosure, and penalties for effective customer engagement strategies.

Are you a contractor having issues with obtaining payment for work performed or materials supplied for a project? If so, don’t forget about the Nebraska Construction Prompt Payment Act. The Nebraska Construction Prompt Payment Act, applies to nearly all private and public construction contracts and subcontracts with the exception of residential construction that consists of less than four residential units.

In the May/June issue of the Nebraska CPA, James Tews and Nick O'Brien concisely outline the adjustments to Nebraska's inheritance tax regulations due to LB310.

In the July/August issue of the Nebraska CPA, Jeff Schaffart and Nick Bjornson discuss Nebraska's recent enactment of a pass-through entity tax (PTET) law, signed into law on May 31, 2023.

Learn about USCIS's revised Form I-9, including remote document examination for E-Verify employers. Changes effective August 1, 2023.

European Commission's adopted adequacy decision for EU-U.S. Data Privacy Framework enables seamless data transfers between EU/EEA and certified U.S. organizations. Effective July 11, 2023.

The FTC has proposed a rule to ban employment-based non-compete clauses. The rule aims to except non-competes between buyers and sellers in certain sale-of-business transactions. 

In a final rule published June 5, 2023, CMS withdrew previous COVID-19 Health Care Staff Vaccination regulations requiring staff at Medicare- and Medicaid-participating facilities to be fully vaccinated against COVID-19.

Texas, Florida, and Oregon are the latest states to join the growing landscape of data privacy laws.

Employers will have until August 30, 2023, to perform all required physical examinations of identity and employment eligibility documents for those hired on or after March 20, 2020, who have only received a virtual or remote examination under the flexibilities.

Senate File (SF) 3035, signed into law by Minnesota Govenor Tim Walz on May 24, 2023, brings significant changes to various employment-related laws in the state. 

Tech startups should have legal counsel pay attention to these 10 commercial contract terms that routinely create issues for companies in the years following the startup phase.

On May 31, 2023, Governor Jim Pillen signed LB754 into law. LB754 adds a retroactive to 2018 pass-through entity tax, or PTET, law.

In the March/April issue of the Nebraska CPA, discover key strategies CPA firms can utilize to safeguard clients' data & minimize liability for cyberattacks.

One of the most challenging but important aspects of managing a construction business is ensuring you get paid for your hard work. Follow our five recommendations to ensure a steady cash flow.

In May of 2023, the Federal Reserve raised the target federal funds rate to 5.00%-5.25%, which has increased borrowing costs and decreased returns to investors. The symptoms of higher interest rates have a direct impact on the M&A market, including deal activity and deal terms.

Comprehensive state data privacy laws show no signs of slowing down in 2023. Indiana, Washington, Montana, and Tennessee join the ranks of the other six states that have passed consumer data protection laws.

Washington lawmakers intend for “My Health, My Data Act” (the "Act") to close existing gaps in health data privacy protections, provide citizens with greater control over their health data, and protect individuals traveling to the state to access health services.

On December 29, 2022, President Biden signed into law the Consolidated Appropriations Act (“Act”). Among other provisions, the Act contained two amendments that expand federal protections for pregnant and nursing employees.

The United States Department of Labor (“DOL”) released an opinion letter on February 9, 2023 (the “Letter”) clarifying covered leave for overtime-eligible employees under the Family and Medical Leave Act (“FMLA”) and the Americans with Disabilities Act (“ADA”). The Letter pertains to FMLA-eligible employees who work more than 40 hours in a given workweek.

A business may experience significant change when it receives an investment from a private equity firm and becomes a private equity backed portfolio company (“PortCo”). Many private equity investors use their industry expertise and execution skills to professionalize the PortCo and create operational value for the PortCo and its stakeholders.

In 2022, the Nebraska Supreme Court clarified the time limit for filing a lawsuit against those responsible for a failed product supplied in a construction project. The Court's decision also addressed the definition of a "product" as it pertains to Nebraska's statute of repose.

To provide better protection for consumers' proprietary network information ("CPNI") and enhance the federal data breach rule, the Federal Communications Commission ("FCC") has issued a Notice of Proposed Rulemaking.

The Iowa Legislature unanimously passed a comprehensive data privacy bill set to expand the protection of the personal data of Iowa consumers. 

Proposed biometric data privacy bills are currently active in nine states. Businesses with customers or employees in those states should monitor these bills as they progress through the legislative process. 

In the January/February issue of the Nebraska CPA, Nick Bjornson and Nate Patterson highlight four areas, aside from risk allocation, Nebraska advisors should consider when reviewing and advising clients on agricultural leases.

NLRB finds the inclusion of confidentiality, non-disparagement requirements in severance agreements to be an unfair labor practice.

Many Nebraska business owners could benefit from the enactment of a proposed pass-through entity tax (PTET) law. Discover how in this opinion piece by Tax Practice Chair, Jeff Schaffart.

Although a certificate of insurance may on its face appear to show that a subcontractor has insurance coverage, if the COI is inaccurate or incomplete, a general contractor could be left without recourse.

The HSR thresholds for 2023 increased by 10.3% from the 2022 amounts, based on the change in gross national product during 2022.

In the November/December issue of the Nebraska CPA, Employment and Labor attorney, Erin Schroeder, provides a wage and hour update that recaps three things to know from 2022.

This ten-part article series provides an overview of critical considerations when developing or updating your form on-premise software license agreement.

On January 8, 2023, the Federal Trade Commission (“FTC”) published a proposed rule that would prohibit employers from utilizing non-compete clauses in the employment context and beyond.

There are many ways to improve upon form software license agreements. The final part of our ten-part series focuses on remedies. 

New guidance has been issued from the Department of Health and Human Services (HHS), in the form of FAQs, outlining the enforcement policy for certain Good Faith Estimate (GFE) requirements under the No Surprises Act.

There are many ways to improve upon form software license agreements. Part nine of our ten-part series focuses on Intellectual Property

Don Swanson provided Expert Analysis for Law360's Bankruptcy publication breaking down a Wisconsin bankruptcy ruling that sets bad policy for debtor liability.  

When it comes to OSHA, it is crucial for general contractors to be aware of what happens when their subcontractors violate OSHA policies while on their worksite.

There are many ways to improve upon form software license agreements. Part eight of our ten-part series focuses on Price and Payment Terms.

Failure to understand the employee benefit implications on separation arrangements may result in unintended consequences if not properly considered and addressed. We have compiled a few frequently asked questions that employers might find helpful when considering such arrangements.

As a result of a recent Ninth Circuit ruling, which arose from a trademark dispute between San Antonio Winery and Jiaxing Micarose Trade Co., Ltd., enforcement of trademark rights against foreign infringers may be easier.

In the September/October issue of the Nebraska CPA, Clark Youngman and Nate Patterson emphasize the importance of establishing a succession plan for your small business today.

There are many ways to improve upon form software license agreements. Part seven of our ten-part series focuses on license grants.

There are many ways to improve upon form software license agreements. Part six of our ten-part series focuses on boilerplate provisions.

The Department of Justice’s Antitrust Division recently increased enforcement of the Clayton Act, resulting in seven director resignations. 

Health Law attorneys Richard Vroman, Joseph Huigens and Jacob Walker authored the Nebraska sections of AHLA's "Health Care Fraud Law: A 50 State Survey."