Publications

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

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

Notwithstanding the fate of the federal ETS, all State Plans will continue in full force and effect unless and until updated or revised by the individual states.  

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

Yesterday, the Occupational Safety and Health Administration (“OSHA”) released its highly anticipated Emergency Temporary Standard (“ETS”) regarding mandatory vaccines for ...

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 ...

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 ...

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.