Publications Archive

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."

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.

There are many ways to improve upon form software license agreements. Part five of our ten-part series focuses on Maintenance and Support.

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.

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.

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.

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.

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.

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”).

Indemnification is one of the most challenging concepts to understand in software license agreements for business teams and young attorneys alike.

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.

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.

Don Swanson provided Expert Analysis for Law360's Bankruptcy publication discussing how Illinois bankruptcy-alternative laws have endured.

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.

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.

Sephora to pay $1.2 Million, the first public settlement for violations of the California Consumer Privacy Act (“CCPA”).

There are many ways to improve upon form software license agreements. Part one of our ten-part series focuses on the Limitation of Liability. 

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.

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.

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.

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.

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.

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.

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.

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.

Beginning July 1, 2022, health plans or insurance issuers must disclose certain machine readable files (“MRFs”) regarding in-network pricing and out-of-network allowed amounts on a public website accessible to any person free of charge without any conditions.

Don Swanson provided Expert Analysis for Law360's Bankruptcy publication identifying some of the harms and costs of Chapter 11 debtors in Alabama and North Carolina paying lower quarterly fees than Chapter 11 debtors in the other 48 states.

Is your company engaging in door-to-door sales this spring or summer? Don’t forget about the requirements of the Nebraska Home Solicitation Sales Act.  

Featured in the May/June issue of The Nebraska Lawyer, Kia Moore discusses the new standard practice bringing change to environmental and real estate due diligence in commercial transactions.

The Trademark Modernization Act established two new proceedings, re-examination and expungement, to challenge registered trademarks for nonuse.

On May 10, 2022, Governor Ned Lamont signed into law Connecticut’s Act Concerning Personal Data Privacy and Online Monitoring, making Connecticut the fifth state to enact comprehensive state privacy legislation. The law, also known as the Connecticut Data Privacy Act (“CTDPA”), will go into effect on July 1, 2023.

There are many housekeeping matters that a company should assess in order to take full advantage of its capital-raising opportunities. 

On Wednesday, April 6th The Health Resources & Services Administration (“HRSA”), announced it will reopen the reporting portal to providers who failed to meet reporting deadlines related to receipt of Provider Relief Funds if providers experienced “extenuating circumstances” during a reporting period.

Minja Herian and James Tews review the most common bases on which to challenge the validity of estate plan documents in the March/April issue of the Nebraska CPA.

There are many nuances to filing liens or securing the release of the lien in Nebraska. This article provides a general understanding of how to substitute a deposit with the clerk of the court as collateral for a construction lien in Nebraska.

An announcement awaits from the DOL and the DHS, who currently have the authorization to collectively determine if additional H-2B visas should be authorized for the current fiscal year. 

Employers are currently exempt from many of the California Consumer Privacy requirements under the “Workforce Data Exception.” This exception ends January 1, 2023, when the California Privacy Rights Act of 2020 (“CPRA”) takes effect.

The Utah Consumer Privacy Act (the “UCPA”), is on the verge of becoming the fourth comprehensive state consumer privacy law in the United States. Assuming the bill makes it across the finish line, Utah will join California, Virginia, and Colorado in enacting comprehensive privacy reform for its residents.

On January 28, 2022, the U.S. Citizenship and Immigration Services announced that the registration dates for this year’s H-1B visa process will be March 1 – March 18. 

On December 1, 2021, the OFCCP announced the launch of a new online portal called the Affirmative Action Plan Verification Interface. This will require covered employers to report compliance with creating and maintaining federally required Affirmative Action Plan (AAP) documents. 

A newly proposed bill in the Nebraska Legislature attempts to put the state at the forefront of providing enhanced protections for its residents’ personal data. On January 20, 2022, Senator Mike Flood introduced LB1188. The bill proposes adoption of the Uniform Personal Data Protection Act, which purports to offer a more practical, flexible statutory framework than the privacy bill considered by the Legislature two years ago.

Taking effect on March 21, 2022, property management companies and their affiliates will now be held responsible for lead-based paint safety requirements when renovating certain residential buildings.

In an effort to limit the spread of COVID-19, certain travelers to the United States will need to comply with vaccination and/or testing requirements. As of January 22, 2022, all individuals who are not U.S. Citizens, U.S. Nationals, or U.S. Legal Permanent Residents must show documentation that they are either fully vaccinated with an acceptable COVID-19 vaccine or eligible for an exception to the vaccination requirement, in order to be allowed entry into the United States by air, land, or sea.

In the healthcare industry, maintaining medical records in an orderly and compliant fashion is vital to the care of the patient and the success of the health care provider. Missteps in this area can lead to costly consequences.

In Revenue Ruling 25-21-1, the Nebraska Department of Revenue addressed the issue of how limited liability companies are treated for Nebraska income tax purposes.

The countdown is on: In 2023, three states will enact new comprehensive data privacy laws, requiring businesses to assess (1) whether they need to comply, and (2) how to accomplish compliance.

On January 24, 2022, the Federal Trade Commission published a notice in the Federal Register announcing the annual changes to the Hart-Scott-Rodino Antitrust Improvement Act of 1976 pre-merger notification thresholds.