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 ...

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.

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...