Publications

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 ...

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 ...

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 ...

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 ...

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 ...

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."

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 ...

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 ...

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 ...

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 ...

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.

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

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...