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Spencer Fane Joins Law Firm Antiracism Alliance

Spencer Fane is proud to have a culture that values diversity and inclusion and continually strives to elevate the voices of people and communities of color. In our commitment to promote racial equity in the law, we are pleased to announce the firm has joined the Law Firm Antiracism Alliance (LFAA).

Spencer Fane Welcomes Davis to Kansas City in Labor and Employment Group

Spencer Fane LLP is pleased to announce Katherine Davis has joined the firm as an associate in the firm’s Labor and Employment practice group in the Kansas City office. She previously worked for the firm as a summer associate.

Data Breach Response: Shawn Tuma Comments on Unique Indictment

Spencer Fane attorney Shawn Tuma was recently quoted by Wired in an article detailing the high-profile indictment of Uber’s former chief security officer following a data breach that took place in 2016.

Charlotte Street Foundation Discusses Plan for Charitable Grant

The Spencer Fane Charitable Giving Program was featured in both KC Counselor and Missouri Lawyers Media. Recently, the firm selected the Charlotte Street Foundation to receive the 2020 grant.

Cheryl Burtzel Appointed to Chair of ABA Cyberspace Law Committee

Spencer Fane attorney Cheryl Burtzel was recently appointed Chair of the Cyberspace Law Committee for the American Bar Association (ABA)’s Business Law Section. As Chair, Cheryl will lead the committee for the next three years, in thought leadership, planning, and programming.

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Latest Publications

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.

Eighth Circuit BAP Addresses Parens Patriae Standing and Laches in Context of Chapter 7

EIGHTH CIRCUIT BANKRUPTCY MONITOR

In State of North Dakota ex rel. Stenehjem v. Bala (In re Racing Services, Inc.) the Eighth Circuit BAP (Judges Dow, Nail and Shodeen) concluded the North Dakota Attorney General lacked standing to file a chapter 7 proof of claim on behalf of eligible nonprofit organizations, but that its tardy filing of a proof of an assigned claim was not barred by laches or subject to disallowance under section 502(b)(1).

DOL Proposes New Rule to Better Define Independent Contractor Status

On September 22, 2020, the Department of Labor (“DOL”) issued proposed regulations that are intended to clarify the standard for determining whether a worker qualifies as an independent contractor for Fair Labor Standards Act (“FLSA”) purposes. See RIN 1235-AA34 (Independent Contractor Status under the Fair Labor Standards Act).

New California Medical Waste Law Impacts Out-of-State Manufacturers and Distributors with Costly Compliance Mandates

In late 2018, California passed a new law that will, in the near future, present sweeping changes to the pharmaceutical industry and certain medical device manufacturers.  The new law amends the existing California Integrated Waste Management Act and is expected to be a boom for medical waste disposal companies who stand to obtain significantly more business.  While the law was signed by the California Governor nearly two years ago, the regulations will go into effect in a few months (by January 1, 2021).  The original bill, dubbed the “California Sharps and Drug Takeback Bill”, requires a manufacturer of covered drugs or home-generated sharps waste, to offer safe disposal methods for their customers’ used and unused products.  The law has potentially sweeping affect because it encompasses all covered drugs and home generated sharps waste that are sold or offered for sale in California.

Eighth Circuit Holds Federal Law Controls Award of Pre-Judgment Interest on Judgments for the Value of Transfers Avoided under Section 544(b)

EIGHTH CIRCUIT BANKRUPTCY MONITOR

In Kelley v. Boosalis (In re Petters Company, Inc.) and Kelley v. Kanios (In re Petters Company, Inc.),[1] the Eighth Circuit (Judges Loken and Benton, with Judge Kelly dissenting in part and concurring in part) held that federal law, not state law, determines whether pre-judgment interest may be awarded on judgments for the value of transfers avoided under section 544(b).  In so doing, the Court split with the Ninth Circuit and the First Circuit BAP.  The Court also interpreted the application of Minnesota’s Uniform Fraudulent Transfer Act (“MUFTA”) in the context of a Ponzi scheme.

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Latest Events

2020 Spencer Fane Labor & Employment Virtual Seminars

Preventive Legal Strategies: Countdown to Success

Implementing the New Title IX Regulations —​ A Deeper Dive into the Grievance Process

Spencer Fane attorneys Joe HatleyStephanie Lovett-Bowman, and Ruthie White’s objective for this webinar is to go beyond the regulations, and focus on some knotty practical problems that you probably can’t resolve just from reading the regulations. These are problems we have identified in the course of drafting policies for our clients, and we will explain how we have attempted to resolve them.

Beyond the Pandemic: Update on Recent Activity at the Department of Labor and Guidance on Moving Forward for Construction Companies

Spencer Fane attorney Helen Holden will present a webinar for the Association of the Wall and Ceiling Industry (AWCI) discussing recent Department of Labor (DOL) guidance.

Workforce Health and Wellness under COVID-19

Spencer Fane attorney Sue Willman recently presented a webinar for the Missouri Arts Council discussing labor and employment considerations during the current pandemic.

Karen Olson to Co-Host Clean Water Act Permitting and Mining Industry Webinar

Spencer Fane attorney Karen Olson will co-present an upcoming webinar with Geosyntec Consultants covering the recent U.S. Supreme Court decision in County of Maui, Hawaii vs. Hawaii Wildlife Fund.

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