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Scott Sandberg Discusses Lender Liability Litigation Concerns Facing Banks

Spencer Fane attorney Scott Sandberg recently provided insight into increased risk of Lender Liability Litigation (LLL) and how lenders can minimize the damage or eliminate it altogether in an article for the most recent edition of the Independent Bankers of Colorado’s Independent Report.

56 Spencer Fane Attorneys Recognized by Super Lawyers

Spencer Fane is pleased to announce that 56 of its attorneys have been selected for inclusion in the 2020 edition of the Super Lawyers list. The list includes:

Paul Jacobson Provides Insight on OSHA Enforcement Priorities for COVID-Related Violations

Spencer Fane attorney Paul Jacobson recently outlined trends in Occupational Safety and Health Administration (OSHA) citations resulting from COVID-related investigations for online publication TLNT.

Beth Miller Provides Update on 2021 Inflation Adjustments for Benefits Plans

Spencer Fane attorney Beth Miller recently authored an article for BenefitsPro highlighting the 2021 inflation adjustments relevant to employee benefit plan sponsors and administrators.

Carly Duvall and Patrick McAndrews Honored with Top Legal Innovation Award

Spencer Fane attorneys Carly Duvall and Patrick McAndrews were recently honored with Missouri Lawyers Weekly’s Top Legal Innovation Award for Emerging Practice Areas.

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Latest Publications

Colorado Looking to Issue Comprehensive Guidance for Waters of the United States (WOTUS)

How is Colorado Dealing with “Gap” Waters?

The scope of federal jurisdiction under the Clean Water Act remains perplexing, particularly now that Colorado is the only state in the nation where the Navigable Water Protection Rule did not take effect June 22, 2020.  In the context of a lengthy “stakeholder” process, on November 20, 2020, the Colorado Department of Public Health and Environment (CDPHE) issued a White Paper addressing its regulatory options in light of the new federal WOTUS rule.  Construction companies, developers, and other businesses seeking to permit activities around wetlands, ephemeral waters, and intermittent streams in Colorado would benefit from reviewing this comprehensive discussion of the multitude of dilemmas Colorado and others states face in light of the new rule.

Eighth Circuit Clean Air Act Opinion Brings “Deference” into Sharp Focus

Chevron, Auer, and Now Voight Deference?

On November 20, 2020, the Eighth Circuit Court of Appeals jumped headlong into the Chevron, and Auer deference realm.  The issue: can a Clean Air Act permittee rely on a state agency’s prevention of significant deterioration (PSD) determination?  And should a Court “defer” to the state agency’s determination to assist in the interpretation of an “ambiguous” environmental program requirement?  Voight v. Coyote Creek Mining Company (No. 18-2705, 8th Circuit Court of Appeals).

Inadequate NEPA Climate Change Analysis Prevents Oil and Gas Leasing in Wyoming

Judge Contreras’s Second Opinion Blasts the Bureau of Land Management for Sloppy Environmental Analysis

Last year, in a 60-page opinion issued in March 2019, U.S. District Judge Rudolph Contreras stopped the Bureau of Land Management (BLM) from leasing oil and gas on over 500 square miles of federal lands in Wyoming.  He began his opinion by stating:  “Climate change, and humanity’s ability to combat it, are increasingly prominent topics of public discourse. This case concerns the attention the government must give climate change when taking action that may increase its effects.”

OSHA Provides Insight Into COVID-19 Enforcement Priorities

Despite widespread commentary regarding the lack of COVID-specific regulatory rules in the workplace, the Occupational Safety and Health Administration (OSHA) continues to cite employers for a wide variety of health and safety violations arising from COVID-related investigations.  On November 6, 2020, OSHA issued guidance summarizing which safety standards the federal agency most frequently cites during COVID-related inspections: Respiratory Protection, Recording and Reporting Occupational Injuries and Illnesses, Personal Protective Equipment (PPE), and the General Duty Clause.

Nebraska Bankruptcy Court Holds Chapter 7 Debtors Not Individually Liable for Damages from Their Alleged Fraud in Conduct of Their Non-Debtor Business


In Lund-Ross Constructors, Inc. v. Buchanan (In re Buchanan), the Bankruptcy Court for the District of Nebraska (Judge Saladino) denied an objection to discharge on the basis that tort claims against a non-debtor business were not enforceable against the husband-and-wife chapter 7 debtors who owned the business. The opinion warrants careful consideration by counsel representing property owners and general contractors in Nebraska, because it suggests Nebraska law limits the liability of corporate principals, even when they participate actively in allegedly actionable misrepresentations.

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Latest Events

Unfinished Benefits: Closing the Books on 2020 and Planning for 2021

A chaotic year for employee benefit plan sponsors is coming to a close, and the new year is right around the corner. Please join Spencer Fane Employee Benefits attorneys Greg AshLaura Fischer, and Dan Lacomis as they explain what employers should do to close the books on 2020 and prepare for 2021.

Farm Bankruptcies: What Bankers Need to Know About Chapter 12 and Farm Insolvencies

Spencer Fane attorneys Andrea Chase and Jim Lodoen will be conducting the third and final webinar of the three-part webinar series covering what lenders need to know when it comes to bankruptcies.

DRI: Employment and Labor Law Virtual Seminar

Spencer Fane attorney Helen Holden recently co-led two presentations as part of the DRI Employment and Labor Law Virtual Seminar.

Small Business Bankruptcies: What Bankers Need to Know About Small Business Bankruptcy

Spencer Fane attorneys Eric Johnson and Eric Van Horn will be conducting the second webinar of the three-part webinar series covering what lenders need to know when it comes to bankruptcies.

Financial Services Webinar Series: What to do with a Struggling Borrower before a Bankruptcy Hits

Spencer Fane attorneys Andrea Chase, Sherry Dreisewerd, Eric Johnson, Jim Lodoen, Rod Nichols, and Eric Van Horn will be presenting a three-part webinar series covering what lenders need to know when it comes to bankruptcies.

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