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Insights

Spencer Fane’s Insights contain a wealth of information on our firm, our attorneys and our recent activities, as well as upcoming events. If you need further information please contact the marketing department.

Latest News

April 21, 2017
With the recent news about the potential closing of St. Francis Hospital in Topeka, Kansas, The Topeka Capital-Journal interviewed Spencer Fane Partner Blane Markley about the process of closing a hospital.
General News
April 20, 2017
Az Big Media recently published an article about the new Spencer Fane office in Phoenix. The article quotes Spencer Fane Phoenix Office Managing Partner Andy Federhar, mentioning that “The Esplanade is the perfect location to best serve our clients. We are committed to making this location a base from which we will expand our presence in Phoenix.”
General News
April 13, 2017
At the upcoming Jewish Federation of St. Louis’ Annual Meeting and Installation of Officers September 7, Gerry Greiman will be presented for election as the Board Chair of the organization.
General News
April 11, 2017
In an article published in Law360, Kersten Holzhueter updates readers on a recent court ruling upholding strict procedures that employers must follow when obtaining criminal background records and credit histories from third parties on employees and applicants.
General News
April 7, 2017
Spencer Fane LLP is pleased to announce attorney Jane Dueker has been named to The Missouri Times’ 100 List. The publication’s biennial list features “100 people in the Missouri public policy process you need to know”.
General News

Latest Publications

March 17, 2017
The Department of Labor (“DOL”) has proposed to delay for 60 days the “applicability date” of the Fiduciary Rule (“Rule”), and the new and revised prohibited transaction exemptions related to the Rule. The proposed delay has created confusion within the financial services industry because it is not certain that a final rule implementing the delay can be published (and become effective) before the Rule’s April 10th applicability date. In response to the confusion, the DOL issued Field Assistance Bulletin 2017-01 (“Bulletin”) announcing a temporary enforcement policy that assures advisers and financial institutions that the DOL will not seek to enforce the Rule or the related prohibited transaction exemptions in the event the Rule becomes applicable before it is officially delayed.
Blogs
March 16, 2017
In recent years, sponsors and administrators of 401(k) and 403(b) plans have received conflicting advice on the steps they should take to substantiate an employee’s entitlement to an in-service withdrawal on account of financial hardship. For instance, an April 2015 IRS newsletter seemed to require that plan sponsors obtain and retain documentary proof of an employee’s entitlement to a hardship withdrawal. However, two recent internal IRS memos outline a permissible approach to this substantiation requirement that need not involve conditioning a hardship withdrawal on an employee’s provision of supporting documents. Plan sponsors should thus consider this new alternative.
Blogs
March 12, 2017
Construction companies, general contractors, developers, and property owners involved in land clearance and disturbance activities will want to take note of the new Stormwater Construction General Permit (“Construction General Permit”) issued by the United States Environmental Protection Agency (“EPA”) on February 17, 2017. As with earlier Construction General Permits, the 2017 permit applies to land clearance and disturbance activities greater that one acre and requires site operators to comply with best management practices (“BMPs”), effluent limits, and other permit requirements, including developing a Stormwater Pollution Prevention Plan (“SWPPP”).
Blogs
March 8, 2017
The Equal Employment Opportunity Commission (EEOC) has issued proposed enforcement guidance on unlawful harassment (the “Proposed Guidance”). The Proposed Guidance is intended to be a follow-up to the EEOC’s Select Task Force on the Study of Harassment in the Workplace in 2016 (“2016 Harassment Study”). The Proposed Guidance provides a detailed explanation of the EEOC’s position on the three components of a hostile work environment claim: 1) covered bases and causation; 2) hostile work environment threshold; and 3) liability.
Blogs
March 7, 2017
The increased popularity of automated digital investment advisory programs (often called “robo-advisers”) has drawn the attention of the Securities and Exchange Commission (“SEC”). On February 23, 2017, the SEC’s Division of Investment Management issued Guidance Update No. 2017-02 (the “Update”). That Update provides guidance to robo-advisers as they seek to satisfy their disclosure, suitability, and compliance obligations under the Investment Advisers Act of 1940 (“Advisers Act”). On the same day, the SEC’s Office of Investor Education and Advocacy issued an Investor Bulletin to educate investors about robo-adviser programs.
Blogs
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