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Insights

Spencer Fane 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

Shawn Tuma Explains Zoom Privacy and Security Concerns

Spencer Fane attorney Shawn Tuma was recently consulted for multiple video interviews with Dallas-Fort Worth CBS affiliate, KTVT-TV DFW, explaining the possible privacy and security concerns of the video conferencing tool Zoom.

Roger Denny and Robert Lattinville Publish Athletics Directors’ Salary Database

Spencer Fane attorneys Roger Denny and Robert Lattinville recently published 2020 FBS Athletics Directors’ Compensation Database as part of an annual comparison of contracts.

Scott Sandberg Provides Guidance on Lender Liability Litigation

Spencer Fane attorney Scott Sandberg, recently presented a webinar for the Colorado Bankers Association (CBA) on the current economic downturn and the increased lending claims and litigation as a result.

John Browning Honored with Outstanding Achievement in CLE Award

Spencer Fane attorney John Browning was recently honored by the Texas Bar College, with the Patrick A. Nester Outstanding Achievement in CLE (Continuing Legal Education) award.

Martinez Joins Litigation Practice Group in Springfield, Missouri

Spencer Fane LLP is pleased to announce the addition of Alec Martinez as a Litigation practice group associate in the firm’s Springfield office. He previously served as a law clerk for Spencer Fane and now joins in a full-time capacity.

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Latest Publications

DOL Finalizes Electronic Disclosure Safe Harbor for Retirement Plans

The Department of Labor (DOL) has now finalized its October 2019 proposal (described in our previous blog) to create a new “safe harbor” for the electronic distribution of ERISA-required notices and disclosures.  The final regulation establishes a new, voluntary safe harbor for retirement plan administrators who want to use electronic media, as a default, to furnish covered documents to participants and beneficiaries, rather than providing paper documents through mail or hand delivery.  The new safe harbor permits electronic delivery by either (i) posting covered documents on the plan sponsor’s website, if appropriate notification of internet availability is furnished to the participant’s electronic address, or (ii) sending the documents directly to the participant’s electronic address, with the covered document either in the body of the e-mail or as an attachment thereto.  Although the final rule is not effective until 60 days after its publication in the Federal Register, the DOL has indicated that it will not take any enforcement action against a plan administrator that relies on the safe harbor before that date.

COVID-19 Resources

As COVID-19 continues to spread, so does its impact on employers, health care providers, financial institutions, real estate entities, fiduciaries, and small businesses. Spencer Fane has created a COVID-19 Resources page to serve as a resource to all individuals and entities grappling with the consequences of this ordeal, and will be updated as new developments take place.

OSHA Refines Stance on COVID-19 Recordkeeping and Enforcement

On May 19, OSHA issued two enforcement memos regarding COVID-19.  The first of these memos revised OSHA’s requirements for employers as they determine whether individual cases of COVID-19 are work-related.  The second enforcement memorandum OSHA issued on May 19 revised OSHA’s policy for handling COVID-19-related complaints, referrals, and severe illness reports.  These two memos are summarized below.

Nationwide Permit 12 Restored for Most Non-Pipeline Uses by Trial Court, While the Ninth Circuit Expedites Briefing on Emergency Motion for Stay

This week the U.S. District Court for the District of Montana restored use of the U.S. Army Corps of Engineers’ Nationwide Permit 12 for some utility line construction and maintenance activities (primarily for non-pipeline projects) by restricting the scope of its earlier vacation of the permit, while the Ninth Circuit ruled on an initial round of briefings in the government’s request for an emergency stay.  The District Court’s April 15 decision has been the source of significant disruption because it not only blocked application of the popular nationwide permit to the Keystone XL pipeline (the subject of the litigation), but also barred any and all other uses of the permit.  See our earlier alert here.

Eighth Circuit BAP Addresses What Is Property of the Estate When There Are Multiple Bankruptcies

Eighth Circuit Bankruptcy Monitor

In Boisaubin v. Blackwell (In re Boisaubin), the Eighth Circuit BAP (Judges Sanberg, Nail, Saladino) affirmed the Bankruptcy Court’s (Judge Rendlen) orders approving a compromise and denying motions to file documents under seal.  In so doing, the Court addressed whether an asset that was estate property in a prior case by the debtor, but which was never scheduled, becomes estate property in a later case by the same debtor once the first case is reopened and the asset abandoned. The Court answered that the asset becomes part of the second bankruptcy estate even though the asset itself was not the property of the debtor at the time the second case was filed.

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Latest Events

Spencer Fane Health Care 2020

Join the Spencer Fane Health Care Team for a discussion on trending health care topics.

Shawn Tuma and Jeremy Rucker to Present at SecureWorld Dallas

Spencer Fane attorneys Shawn Tuma and Jeremy Rucker will present at the SecureWorld Dallas Conference on the current and future legal climate of cybersecurity.

John Watson to Provide Insight on Colorado Good Samaritan Act

Spencer Fane attorney, John L. Watson, will participate on a panel at the annual San Juan Mining & Reclamation Conference in Silverton, Colorado on the topic “Reimagining Superfund in Historic Mining Districts.”

Shawn Tuma to Serve as Co-Chair at CAIL Cybersecurity Conference

Spencer Fane attorney Shawn Tuma will participate in The Center for American and Internal Law (CAIL) Cybersecurity and Data Privacy Law Conference as both co-chair and moderator of two panels.

Mike Patterson to Participate in Panel on Capital Funding for Technology Companies

Spencer Fane attorney Mike Patterson will join a panel discussion about capital available for technology companies at a Perimeter83 Lunch & Learn event.

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