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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

Roger Denny and Bob Lattinville Write Article on Effects of Intermediate Sanctions Tax on Athletic Departments

Spencer Fane LLP attorneys Roger Denny and Bob Lattinville recently published an article in AthleticDirectorU (ADU) discussing the details and consequences of the intermediate sanctions tax on college coaches, athletic directors, and other highly paid employees of tax-exempt organizations.

Gerry Greiman Elected Chair of University City TIF Commission

Spencer Fane partner Gerry Greiman was recently elected Chairperson of the University City, MO Tax Increment Financing (TIF) Commission.

Spencer Fane Continues Growth in Texas

Firm Adds Four Attorneys in Dallas Area

Spencer Fane LLP is pleased to announce the addition of four attorneys to its two Dallas-area offices, the latest demonstration of the firm’s continued commitment to grow, in and outside of Texas, alongside the business needs of clients.

Jack Coatar and Francis Slay Speak at Public Service Symposium

Spencer Fane attorneys Jack Coatar and Francis Slay recently joined a panel at Saint Louis Unversity School of Law (SLU Law) discussing the necessity for lawyers to be involved in the legislative process.

Andy Lester to Participate in Oil and Gas Law Panel

Spencer Fane attorney Andy Lester will join a panel of speakers during the Oklahoma Independent Petroleum Association (OIPA) Legal Review to discuss recent court cases’ impact on the oil and natural gas industry.

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Latest Publications

Ramifications for Missouri Physicians of Enhanced Mo HealthNet OPI Program

Effective March 1, 2018, the Missouri Department of Social Services (“MDSS”) – Mo HealthNet Division (“Mo HealthNet”) began working collaboratively with the Missouri Department of Mental Health and the Missouri Department of Health and Senior Services to enhance the Mo HealthNet Opioid Prescription Intervention (“OPI”) Program. 

New WHD Opinion Letters Provide Guidance to Employers

Last week, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued three new opinion letters for the first time since 2010.  The Obama administration had ceased the practice of issuing opinion letters – which answer specific questions from employers or other parties – in favor of general administrative interpretations.  Last June, Secretary of Labor Alex Acosta announced that he was reinstating the practice of issuing opinion letters for the Trump administration.  This announcement was praised by businesses and employment lawyers because the opinion letters apply the law to a specific set of facts and represent official statements of agency policy.  In addition to the new letters, WHD republished 17 letters the Obama administration rescinded following their original publication late in the Bush administration.

Equal Pay Act: Ninth Circuit Says Prior Salary Not Job-Related

On April 9, the full Ninth Circuit held that employers may not rely on an employee’s prior salary as a “factor other than sex” in defending against a claim under the Equal Pay Act. Rizo v. Yovino, No. 16-15372 (9th Cir. April 9, 2018) (found here). In making this determination, the court phrased the question before it concisely, asking “can an employer justify a wage differential between male and female employees by relying on prior salary?” The answer: a resounding “no.” The court further stated that the “text, history and purpose of the Equal Pay Act” do not allow an employer to rely on an employee’s prior salary to justify a wage disparity. Id. 

Air Emissions From Oil and Gas Wells Health Risks Analyzed – More Study Needed

About the only thing that stakeholders agree on is that the risk assessment saga in Colorado means one thing – more study is needed. On March 27, 2018, the latest in a series of health risk studies was published by the Colorado School of Public Health at the University of Colorado Medical Campus. Using air emissions data taken from within the 500 foot regulatory setback requirement for homes near wells, the study concludes that people living in close proximity to oil and gas wells are subject to an increased risk of developing cancer.

The Superfund Petroleum Exclusion – Alive and Well in the Ninth Circuit

In an unpublished opinion on March 21, 2018, the Ninth Circuit Court of Appeals affirmed the trial court’s dismissal of a lawsuit citing the application of CERCLA’s petroleum exclusion. The Court held that the site investigation at a former gas station did NOT identify anything other than petroleum or fractions thereof. Consequently, the Plaintiff did not plausibly allege any CERCLA “hazardous substances” were present at the site. The case was dismissed.

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Latest Events

Sue Willman to Join American Planning Association Panel Discussion

Spencer Fane attorney Sue Willman will present as part of a panel of speakers during an American Planning Association (APA) webinar on the legal issues and personal liabilities that municipal planners most commonly face.

Ryan Pulkrabek to Discuss EPA’s Increased Attention to Vapor Intrusion

Spencer Fane attorney Ryan Pulkrabek will present on the Environmental Protection Agency’s (EPA) growing concern with and emphasis on vapor intrusion during the April Monthly Meeting for the Midwest Air and Waste Management Association(A&WMA).

Spencer Fane Employment Training Classes

The Employment Training Classes are designed to help supervisors, HR professionals, and C-Suite executives:

  • Comply with government regulations
  • Avoid potential employee issues
  • Address issues when they arise

All classes will be held at Spencer Fane: 2144 E. Republic Road, Suite B300, Springfield, MO 65804

Kyle Elliott to Provide Guidance on Intellectual Property to Entrepreneurs, March 28, 2018

Spencer Fane attorney Kyle Elliott will be providing office hours at The eFactory to help entrepreneurs and businesses in southwest Missouri start, grow, and accelerate their companies.

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.

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