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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.
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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.
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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.
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The Iowa Legislature unanimously passed a comprehensive data privacy bill set to expand the protection of the personal data of Iowa consumers.
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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.
- January/February 2023 | Article | Nebraska CPA
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.
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NLRB finds the inclusion of confidentiality, non-disparagement requirements in severance agreements to be an unfair labor practice.
- | Article | Nebraska Examiner
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.
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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.
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The HSR thresholds for 2023 increased by 10.3% from the 2022 amounts, based on the change in gross national product during 2022.
- November/December 2022 | Article | Nebraska CPA
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.
- 2023 | Article
This ten-part article series provides an overview of critical considerations when developing or updating your form on-premise software license agreement.
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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.
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There are many ways to improve upon form software license agreements. The final part of our ten-part series focuses on remedies.
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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.
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There are many ways to improve upon form software license agreements. Part nine of our ten-part series focuses on Intellectual Property
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Don Swanson provided Expert Analysis for Law360's Bankruptcy publication breaking down a Wisconsin bankruptcy ruling that sets bad policy for debtor liability.
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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.
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There are many ways to improve upon form software license agreements. Part eight of our ten-part series focuses on Price and Payment Terms.
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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.
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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.
- September/October 2022 | Article | Nebraska CPA
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.
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There are many ways to improve upon form software license agreements. Part seven of our ten-part series focuses on license grants.
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There are many ways to improve upon form software license agreements. Part six of our ten-part series focuses on boilerplate provisions.
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The Department of Justice’s Antitrust Division recently increased enforcement of the Clayton Act, resulting in seven director resignations.
- October 2022 | Article | American Health Law Association
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."
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California has become the next state to enact a pay transparency law, joining Washington, Colorado, and New York City in mandating employer transparency regarding pay.
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There are many ways to improve upon form software license agreements. Part five of our ten-part series focuses on Maintenance and Support.
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The Department of Homeland Security announced that a regulation will be issued making 64,716 visas available for fiscal year 2023, in addition to the 66,000 visas that are normally available each fiscal year.
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For most licensors who license software on a form software license agreement, inclusion of a warranty of function and no other warranty is a strong starting point for the licensor.
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Commercial General Liability (“CGL”) insurance, is a standard type of business insurance carried by companies to protect against “general claims.” CGL policies exist to provide coverage to businesses for general claims resulting out of non-professional negligence.
- September/October 2022 | Article | The Nebraska Lawyer
This article seeks to explain some of the basic ways in which service providers can manage their data breach liability, reduce risk, and safeguard their bottom lines.
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This article provides a brief introduction to those looking to understand who qualifies as a contractor under the Nebraska Contractor Registration Act, the information needed to register, and the associated fees and penalties.
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In a recent decision, the Nebraska Supreme Court used the exclusive remedy provision of the Nebraska Workers’ Compensation Act (“NWCA”) to bar claims of discrimination under the Nebraska Fair Employment Practice Act (“NFEPA”).
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Indemnification is one of the most challenging concepts to understand in software license agreements for business teams and young attorneys alike.
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As a good starting point in a form software license agreement, licensors should prohibit the customer from assigning the contract to any third party without the licensor’s consent.
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On August 18, 2022 the DHS published Federal Register notice 87 FR 50786 to invite public comments on a Notice of Proposed Rulemaking. The DHS’s proposed rule creates a framework in which DHS would be permitted to pilot various program options, respond to emergencies likened to that of a pandemic, or implement permanent flexibilities in the future.
- | Article | Law360
Don Swanson provided Expert Analysis for Law360's Bankruptcy publication discussing how Illinois bankruptcy-alternative laws have endured.
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With recent developments to the I-9 flexibility rules, and in light of the fluid nature of return-to-work plans, employers should determine whether their workplace qualifies for the flexibility rules and plan ahead for if and when the flexibility rules are terminated by Department of Homeland Security to ensure compliance.
- July/August 2022 | Article | Nebraska CPA
Knowledge of the benefits of non-qualified deferred compensation and the potential issues regarding its maintenance and operation can help companies attract, retain, and reward employees while avoiding punitive penalties.
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Sephora to pay $1.2 Million, the first public settlement for violations of the California Consumer Privacy Act (“CCPA”).
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There are many ways to improve upon form software license agreements. Part one of our ten-part series focuses on the Limitation of Liability.
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New York City and Colorado have recently adopted laws that require covered employers to provide wage ranges in job advertisements in an effort to narrow the gender wage gap and encourage pay transparency.
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Newly proposed legislation in the U.S. House of Representatives, H.R. 8152 – also known as the American Data Privacy and Protection Act – marks a significant step toward nationwide privacy legislation.
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Liquidated damage provisions are contract provisions that attempt to predict the amount of damage that will be caused if a contract is breached. Nebraska courts look to the facts and circumstances presented to determine whether the damages provision at issue will be enforced.
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In January, the Colorado legislature amended the state’s non-compete statue (C.R.S. § 8-2-113) to criminalize the enforcement of non-compete agreements that violate the statute.
- | Article | Law360
Don Swanson provided Expert Analysis for Law360's Bankruptcy publication comparing and contrasting Johnson & Johnson's and InfoWars' bankruptcies, revealing why one case is still alive and the other isn't.
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Have you wondered if you could be sued in a different state just because someone in that state used your website? Consider whether your business’s operations might make you subject to the jurisdiction of states other than the one where your business is based.
- May/June 2022 | Article | Nebraska CPA
Effective July 20, 2022, LB 707 updates the Nebraska Uniform Trust Code (NUTC) to provide clarity necessary to use Tax Reimbursement Powers in Nebraska IDGTs without the risk of gross tax inclusion.
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Illinois has passed a law, HB 4666, set to become effective on July 1, 2022, that will impose numerous heightened compliance standards on medical staffing agencies operating within the state of Illinois.