Publications Archive

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.

On Tuesday, January 25, 2022, Douglas County District Court Judge Stratman issued an order denying the State’s motion for temporary injunction, upholding the Douglas County District Health Department’s Omaha Mask Mandate (the “Mask Mandate”) until a final decision can be reached on the merits regarding the legality of the Mask Mandate.

The CMS Rule is back in effect and applies to all 50 states and the District of Columbia. Although the battle in the Federal circuit courts may not be over, for the foreseeable future, all affected facilities need to take appropriate steps to achieve compliance.

The United States Supreme Court stayed the OSHA’s ETS (for employers with 100 or more employees) but stayed the earlier preliminary injunctions on the CMS rule, allowing it to be enforced unless and until there is a final ruling on the merits finding the rule invalid.

As its name suggests, substantial completion is not the same as final completion. While the statutory definition of substantial completion varies from state to state, most agree that a project is substantially complete when it can be used for its intended purpose.

On Friday, January 7, 2022, the Supreme Court heard oral arguments regarding OSHA's ETS and CMS rule on workplace vaccinations. For now, there is no administrative stay or final decision from SCOTUS on the fate of the ETS or CMS rule.

A decision made by the Sixth Circuit on December 17, 2021 means that, at least for the time being, OSHA is cleared to move forward with enforcing the ETS against large employers as originally drafted. 

Koley Jessen has continued to monitor the situation regarding the legal challenges to the Centers for Medicare & Medicaid Services (“CMS”) vaccine mandate. Earlier this month two U.S. Circuit Courts provided key rulings to this ongoing legal battle.

As of December 2, 2021, two out of the three vaccine mandates called for by President Biden have been blocked nationwide, and the third has been enjoined in three states.

With the goal of imposing greater consumer protections to address surprise medical billing, the No Surprises Act was signed into law as part of the 2021 Consolidated Appropriations Act.

Arbitration provisions in contracts are sometimes enforceable even when one or both parties do not sign the contract. As a result, it is crucial that contractors and subcontractors know whether their contracts—signed or unsigned—contain arbitration provisions.

This article examines legal objections that are commonly made during a Will contest.

On Friday, November 12, 2021, a panel of the United States Court of Appeals for the Fifth Circuit extended its stay on the enforcement of the ETS “until further court order.” The Sixth Circuit now has the authority to review and either lift or uphold the Fifth Circuit’s stay.

Delaware Courts recently held that buyers and sellers cannot rely on contractual limitations (e.g., indemnification limitations, like survival clauses) that are obtained as a result of fraud. Full disclosure and precise drafting can mitigate this risk.

This article, which is current as of November 10, 2021, summarizes some of the major tax provisions included in the revised proposed Build Back Better Act legislation.

Beginning November 8, 2021, fully vaccinated foreign nationals may enter the United States by air, subject to proof of vaccination and a negative COVID-19 test. For purposes of entry into the United States, the U.S. Centers for Disease Control (“CDC”) has said it will accept any vaccine authorized for use by U.S. regulators and the World Health Organization (“WHO”), including those listed on the WHO Emergency Use Listing and mixed-dose vaccinations.

On November 5, 2021, the Department of Health and Human Services (HHS) and Centers for Medicare & Medicaid Services (CMS) published the highly anticipated interim final rule requiring vaccination of Staff members against COVID-19 for various health care providers and suppliers.

Yesterday, the Occupational Safety and Health Administration (“OSHA”) released its highly anticipated Emergency Temporary Standard (“ETS”) regarding mandatory vaccines for employees of “large employers,” or those with 100 or more employees.

A concise explanation of the basic rules and issues that impact the enforceability of employment-based restrictive covenants under Nebraska law.

While the Occupational Safety and Health Administration Emergency Temporary Standards have yet to be released, the Safer Federal Workforce Task Force recently released guidance on the Executive Order on vaccine mandates for federal contractors. This guidance provides greater detail regarding the scope of the Executive Order, what contracts are covered, and the timeline for federal contractors to comply. 

A Q&A guide to state laws and customs on managing commercial real estate leases in Nebraska.

As administrators geared up for the start of the 2021-22 school year, school districts had until  June 30, 2021 to comply with Nebraska’s new Anti-Grooming law which requires Nebraska schools to implement specific policies addressing appropriate relationships between school employees (including teachers, coaches, practicum students, and student teachers) and their students. 

As litigants and courts continue to grapple with the impact of COVID-19 and its variants, the rise of technology and remote attendance have enhanced the risk of sanctions.

Contractors are sometimes faced with a subcontractor’s failure to properly perform a contract and wish to terminate the subcontractor from a project. While hiring and firing “at will” is a generally accepted practice for people who work directly for you, general contractors need to be aware that they may not be able to terminate a subcontractor from a project as easily as they could one of their own employees.   

On September 13, 2021, the House Ways and Means Committee released proposed legislation that includes a host of tax increases focused on high-income individuals and corporations. Given the far-reaching impact of the proposed changes, it is important to understand the current proposal. 

An exploration of the benefits and effectiveness of mandated mediation and why despite its controversial nature, it is an effective dispute-resolution tool.

President Biden announced a new plan to increase the number of vaccinated Americans during his September 9, 2021 press conference. The President's plan applies to large employers, federal contractors, and health care workers in an attempt to tackle the spread of COVID-19 by vaccinating America's workforce.

Craig Benson and Nick O'Brien discuss Charitable Remainder Trusts and tax-efficient strategies using CRTs in the July/August 2021 issue of the Nebraska CPA

On July 19, 2021, the Office of the California Attorney General provided the public with information about enforcement practices related to the California Consumer Privacy Act of 2018 (“CCPA”).

To comply with the Colorado Privacy Act, businesses will need to provide consumers with clear privacy notices and conduct data protection assessments for any personal data processing that presents a heightened risk of harm to consumers.

A discussion of the growing trend of physicians moving out of independent practice, focusing on the reasons behind the trend and identifying ways that physicians can still remain independent.

For both the homeowner and homebuilder, it is important to understand when the clock may run out to file a claim for any construction issues. This “clock” is referred to as the “statute of limitations.” All lawsuits must be filed before the statute of limitations period runs out, because once it does, there is almost nothing that can be done to recover damages.