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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

Pat Whalen Shares Insights with the Kansas City Business Journal on Spencer Fane Growth

The Kansas City Business Journal recently interviewed Spencer Fane Chairman Patrick J. Whalen to discuss the Spencer Fane growth over the past several years.

Gerry Greiman Participates in Panel at Washington University First Amendment Symposium

Spencer Fane attorney Gerry Greiman recently participated in Washington University School of Law’s Roberts Court’s First Amendment Symposium as a member of a panel discussion titled “Technology and Free Speech.”

Helen Holden Provides Guidance on Tip Pooling Arrangements

Spencer Fane LLP attorney Helen Holden published an article in Modern Restaurant Management that detailed the recent proposal by the Department of Labor to rescind the current regulations on tip pooling.

Former Missouri Department of Agriculture Lead Attorney Joins Spencer Fane

Former general counsel, deputy director will advise businesses on regulatory matters

Spencer Fane LLP is pleased to announce the addition of Darryl Chatman to the firm’s Business Litigation practice in its St. Louis office. Chatman joins the firm as Of Counsel after having served as general counsel and deputy director of the Missouri Department of Agriculture.

Helen Holden Analyzes New Rules Surrounding Intern Pay

Spencer Fane LLP attorney Helen Holden’s blog post on internship program guidelines was recently republished in the Federation of Defense and Corporate Counsel’s Employment Practices’ Section Update.

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Latest Publications

SEC Launches Share Class Selection Disclosure Initiative

The Securities and Exchange Commission recently announced a temporary program for investment advisers who may have inadequately disclosed potential conflicts of interest related to their selection or recommendation of mutual fund share classes. Participation in the program, however, is not without its drawbacks.

Congress Eases Restrictions on Hardship Withdrawals

Buried in Sections 41113 and 41114 of the recent Bipartisan Budget Act of 2018 are provisions designed to facilitate hardship withdrawals from 401(k) and 403(b) plans.  Because these provisions take effect for plan years beginning after December 31, 2018, sponsors of these plans will want to consider whether to broaden their hardship withdrawal provisions – or even add such provisions.

Tax Cuts and Jobs Act – Modified Rules for UBTI

For many years tax exempt organizations and retirement plan trusts have been permitted to avoid tax on income generated by unrelated trades or businesses they hold by netting the gains, losses, and deductions among those trades or businesses.  The Tax Cuts and Jobs Act modifies those rules, increasing the likelihood that such entities must report, and pay tax on, UBTI.

Tougher Oil & Gas Rules in Colorado Set to Take Effect

On February 13, 2018, the Colorado Oil and Gas Conservation Commission approved new rules to require the industry to track the location of oil and gas pipelines. The new rules stem from an explosion in Firestone, Colorado caused by a leaking pipeline that destroyed a house and killed two people on April 17, 2017. That disaster triggered a massive public outcry, directives from the Governor, and now significant revisions to state regulations. 

Large Arizona Jury Award Reversed Because of Timely Raised Procedural Defense

The Arizona Court of Appeals recently reversed a jury’s award of $375,000 in damages to a former police officer for the City of Surprise. In Peterson v. City of Surprise, No. 1 CA-CV 16-0415 (Feb. 6, 2018), the court held that the employee, who claimed she was constructively discharged in retaliation for reporting sexual harassment, was precluded from bringing the case in court because she had failed to file a charge of discrimination within 180 days after she left her employment. As the court stated, the employee specifically “crafted her claim against the City to allege not constructive discharge caused by ‘firsthand’ discrimination, but constructive discharge caused by illegal retaliation under the [Arizona Employment Protection Act].” A claim of illegal retaliation is one that contends that the employer’s actions were wrongful in response to a report of discrimination, not wrongful because of the discrimination itself. The court held that there was no difference between the claim of retaliation and the harassment claims for purposes of the filing deadline.

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Latest Events

Julie Roth and Melissa Sherman to Present at KHA Corporate Compliance Workshop Friday, February 2

As part of the Kansas Hospital Association (KHA) Corporate Compliance Workshop, Spencer Fane Partners, Julie Roth and Melissa Sherman, will help build on and advance the knowledge of hospital corporate compliance officers. Julie will be presenting “EMTALA for Governing Boards – Compliance Starts at the Top” and Melissa will be presenting “Importance of Standards of Conduct and How to Link Behavior and Values.” The course material is designed for those individuals at the hospital directly responsible for the creation and maintenance of the corporate compliance program.

Date: Friday, February 2, 2018
Time: 8:30-4:30
Location: Hilton Garden Inn and Convention Center – Salina, KS
Cost: $100 for KHA Members – $200 for non-members (includes breakfast, lunch, refreshments and program materials)

Register here.

Paul Trimble to Present on Joint Operating Agreements in Oil & Gas Ventures – Thursday, January 18

As part of The University of Oklahoma College of Law Continuing Legal Education (CLE) program, Partner Paul Trimble will present “What’s New in the 2015 AAPL JOA.”  The event covers Joint Operating Agreements (JOAs) as they relate to the American Association of Professional Landman (AAPL), and gives attendees the opportunity to earn 5-6 hours of CLE credit.

Kyle Elliott to Share IP Best Practices at iWerx Lunch & Learn Tuesday, December 5

As part of the iWerx “Lunch & Lean” program for entrepreneurs, Spencer Fane Partner Kyle Elliott will present “What Business Owners Should Know about Patent, Copyright and Trademark Laws.” In his presentation at 11:30 Tuesday, December 5, Kyle will explain the ins and outs of patent, trademark and copyright protection for innovative business products and services. Attendees can even learn how comic book icons Archie and Veronica are relevant to intellectual property issues.

Date: Tuesday, December 5
Time: 11:30-1:00
Location: iWerx, 1520 Clay Street, North Kansas City, Missouri
Cost: $35 includes box lunch

RSVP here.

Laws Related to Blood Draws – Webinar, November 14

In conjunction with the Kansas Hospital Association and Missouri Hospital Association, Spencer Fane attorneys Laura Bond and Donn Herring will conduct a free educational webinar Tuesday, November 14, noon-1:30.

Laura and Donn will discuss the state laws in Kansas and Missouri, as well as federal laws related to law enforcement requests for emergency department staff to draw blood from a patient or to turnover already drawn blood samples. This complimentary webinar will provide clarification of these laws, which are often poorly written and inconsistent as they seek to address conflicting public policy concerns and objectives.

November 14, 2017
Noon-1:30 pm
Register here

2017 Employee Benefits Seminar

The Spencer Fane Employee Benefits group will host its annual seminar this fall in the Denver and Kansas City areas. The theme this year is:  “Benefits 2017:  Do You Know What You Need to Know?”  The following sessions will be included:

  • Understanding Retirement Plan Fees:  It’s a Fiduciary Issue
  • Is Your Health Plan Healthy?
  • The Keys to Retaining Key Employees

Each seminar runs from 7:30-11:50 am. Dates and locations are:

  • Tuesday, Sept. 19 – The Inverness Hotel, Englewood, CO
  • Thursday, Sept 28 – Overland Park Convention Center, Overland Park, KS

Click here to view the invitation and to register.

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