Serving South Dakota Since 1946

Through its Web site, Lynn Jackson offers a number of blogs tailored to the firm’s practice areas. These blogs are intended to provide useful information to our clients (and visitors) and are updated on a frequent basis. In some blogs, clients will be made aware of new developments in the law. Other blogs will provide practical advice on how to avoid certain pitfalls. The purpose of each blog is to provide content that offers real value to our clients and visitors. Please access any blog that may interest you within the Practice Group pages.

Tuesday, 24 November 2020
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South Dakota Businesses and Cities Take Steps in Response to Increase in COVID-19 Cases

As COVID-19 cases surge in South Dakota lately, businesses and cities are responding to help slow the spread of the virus and mitigate the pandemic. As many businesses had already begun to reopen or had remained open in some capacity…
Tuesday, 08 September 2020
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What landlords should know about the CDC’s eviction moratorium

On September 4, 2020, the United States Centers for Disease Control and Prevention (CDC) issued a wide-sweeping eviction moratorium, which is effective through December 31, 2020. Unlike the now-expired CARES Act eviction moratorium that only impacted tenants in certain rental…
Thursday, 30 July 2020
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Tips for Safely Selling Your Motorcycle

It is that time of year again: the Sturgis Motorcycle Rally. Although the 80th anniversary of the Rally will be somewhat muted due to the COVID-19 pandemic, there will still be plenty of motorcyclists looking to wheel and deal. With…
Friday, 26 June 2020
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Wire Fraud When You’re Wired to Close - Tips for Identifying and Avoiding Wire Fraud in Real Estate Transactions

You’ve finally found it – your dream home. This is the place where you are going to settle down, raise a family, and grow old with loved ones. The starter home you purchased when the market was low finally paid…
Thursday, 28 May 2020
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The Best-laid Plans of Mice and Men: When the Agreements Don’t Get Signed

In his poem “To a Mouse,” the great Scottish poet Robert Burns wrote: The best laid schemes o’ Mice an’ Men Gang aft agley[,]which has commonly been paraphrased as: “the best-laid plans of mice and men often go astray.”As a…
Tuesday, 26 May 2020
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COVID-19: GUIDANCE FOR SOUTH DAKOTA EMPLOYERS AS BUSINESSES REOPEN

With South Dakota COVID-19 cases still on the rise, employers and businesses around the state are making plans to get back to work or to determine what the new work environment will be and what it will look like. South…
Friday, 17 April 2020
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SOUTH DAKOTA COVID-19 REEMPLOYMENT ASSISTANCE

As most employers know, unemployment compensation (called reemployment assistance (RA) in South Dakota) is a program providing temporary financial assistance for people who lose their job through no fault of their own. It is not available in the case where…
Wednesday, 15 April 2020
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Signing documents during COVID-19

During these times of national uncertainty, we want our former, current, and future clients to know that the attorneys at Lynn, Jackson, Shultz & Lebrun, P.C., are committed to serving our clients with any legal assistance they may need. The…
Thursday, 09 April 2020
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Buying, Selling, and Estate Planning while “Social Distancing”: Wheels in Motion Do Not Have to Screech to a Halt

The COVID-19 pandemic and “social distancing” is truly the one, and possibly the only, topic of discussion now. It blankets the news, all conversation, and of course your Facebook feed. The impact on society is undoubtedly one for the history…
Wednesday, 08 April 2020
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THOUGHTS FROM A WORKING-AT-HOME-ATTORNEY & MOM

COVID-19 has changed our entire way of living and working. In fact, as I sit here writing this post, I have one child on my lap eating an ice cream sandwich, another playing his 800th hour of Fortnite for the…
Wednesday, 01 April 2020
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Control, Access, and the Passing of Your Digital-Self upon Death

When it comes to estate planning and the discussion of passing a person’s assets to someone else upon his or her death, most people talk about real estate, cash, and bank accounts. They don’t think about their digital assets: audiobooks,…
Wednesday, 25 March 2020
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Updating your estate planning during the COVID-19 Pandemic

Covid-19 (Coronavirus) is a disease that has already spread throughout China and Italy, and that will likely spread throughout the United States. There are many concerns we cannot ignore during this Coronavirus pandemic: How will Coronavirus affect the economy? How…
Thursday, 12 March 2020
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Coronavirus and Contracts

In recent weeks, we’ve seen the effects of COVID-19 (“Coronavirus”) on our economy and society in many ways. In sports, as of the date of this writing, the National Basketball Association has suspended its season and many NCAA tournaments are…
Tuesday, 03 March 2020
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Women's History Month: Celebrating our own Barbara Anderson Lewis

March is Women’s History Month – a month to commemorate and draw special attention to the remarkable women who have played a role in shaping our nation through their work, actions, and words. And Lynn Jackson is proud to highlight…
Friday, 20 December 2019
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Hunting and Landowner Liability

For many South Dakota youth, hunting was a way of life growing up in our State. This was true even for those without access to private land owned by parents or relatives. It used to be that hunters could walk…
Friday, 06 December 2019
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The Importance of Documenting Business Agreements

In advising business clients, I find they often have “understandings” with people they do business with that are not completely or accurately documented in writing. The parties involved often “agree” to extend deadlines or change terms and never update (or…
Friday, 22 November 2019
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Transfer on Death Deeds Another Estate Planning Tool

On July 1, 2014, South Dakota enacted the Real Property Transfer on Death Act, which provides for the transfer of real property in the event of death. “TOD” (transfer on death) and “POD” (pay on death) account designations have been…
Monday, 28 October 2019
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“Yelp”-ing for Help: Online Reviews and Your Business

How many times have you consulted online customer reviews before booking an appointment at that new salon, ordering a sweater online, or deciding to try a new restaurant? According to a recent BrightLocal survey, roughly 86% of U.S. consumers consult…
Wednesday, 16 October 2019
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South Dakota’s Annual Increase Of Minimum Wage Has Been Announced

Just announced: the new South Dakota Minimum Wage for 2020 is increasing by 20 cents per hour. The new rate of $9.30 per hour is up from $9.10 in 2019. The new rate becomes effective on January 1, 2020. South…
Thursday, 26 September 2019
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United States Department of Labor Issues Long-Awaited Final Overtime Rule

  This week the Federal Department of Labor announced its long-awaited final overtime rule, which will go into effect on January 1, 2020. The final rule raises the standard salary threshold from the currently enforced level of $455 per week…
Thursday, 19 September 2019
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Good Surveys Make Good Neighbors.

If you’ve lived in the West for very long, you’ve probably heard the saying “good fences make good neighbors.” However, this can only be true when the fences are based on a good survey. Folks often assume that the “natural”…
Tuesday, 17 September 2019
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Insurance Coverage Considerations

We have experienced some unusual weather this year, resulting in damage to property. Insurance coverage for that damage can raise questions. All determinations on whether certain damage is “covered” by insurance start with the terms and conditions of the particular…
Wednesday, 21 August 2019
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Supreme Court Strikes Down Ban on “Immoral” or “Scandalous” Trademark

On June 24, 2019, the United States Supreme Court handed down a 6-3 decision in favor of Erik Brunetti in Iancu v. Brunetti, 139 S.Ct. 2294 (2019). In Iancu, the Court held that the Lanham Act (15 U.S.C. §§ 1051…
Wednesday, 14 August 2019
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Retaliation Cases on the Rise – But Timing Alone Not Always Enough to Prove It

Retaliation claims against employers are on the rise, as the statistics from the Federal Equal Employment Opportunity Commission (EEOC) show. In fiscal year 2018, for example, total retaliation claims appeared in 51.6% of charges filed with the EEOC, totaling a…
Thursday, 08 August 2019
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Back to School Supplies: Two Legal Documents for 18-Year-Olds

As the school season returns, parents and children are buying pencils, pens, notebooks, and dorm room and other supplies to prepare for the year to come. However, not many parents’ school supply lists consist of a General Durable Power of…
Tuesday, 06 August 2019
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A Guide to Filing a Charge of Employment Discrimination

Workers in South Dakota are employed on an “at will” basis, meaning that employers may terminate an employee for any reason or no reason at all, so long as the reason for termination is not illegal. Some of the more…
Wednesday, 31 July 2019
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Surviving the Sturgis Rally - Tips if You are Involved in a Motorcycle Accident

The 79th Sturgis Motorcycle Rally is upon us. With it come thousands of bikers. And while we all do our best to drive even more safely and cautiously during this time, there will inevitably be a few accidents during this…
Friday, 12 July 2019
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Workplace Investigations: An Effective Tool for Addressing Certain Employment Issues

You work in Human Resources for your organization and your office receives a complaint from a female employee. She alleges that her male supervisor, the Vice President of Communications, has made “inappropriate comments” to her and touched her in ways…
Wednesday, 10 July 2019
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July 1st marks the date that laws passed by the South Dakota legislature take effect

July 1st marks the date that laws passed by the South Dakota legislature take effect. Some of the changes, such as those impacting conceal carry issues, are reported by news sources, but there are other changes that may have additional…
Wednesday, 26 June 2019
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Intellectual Property Rights: What are They, and How do I Protect Them?

In this age of technology, there is more and more of a focus on intellectual property rights. This is because intellectual property rights are often the most valuable portion of a technological company’s portfolio. But, for all companies, there may…
Thursday, 20 June 2019
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“I Want to Put My Child on the Deed to My House.”

About once a month I get a call from an individual who, for various reasons, wants to either add a child or multiple children to the deed to their home or deed the home entirely to a child or children.…
Thursday, 06 June 2019
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Agreeing to Not Agree: The Eighth Circuit Decides Whether an Employment Contract Selected an Arbitrator

Arbitration clauses have become a common component of many types of contracts. When parties enter into a contract that contains such a clause, in effect, the parties are agreeing to submit any dispute that may arise between them to arbitration…
Thursday, 23 May 2019
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The Long Road of IP Litigation through Sturgis Continues

The ongoing litigation between Sturgis Motorcycle Rally, Inc., and Rushmore Photo & Gifts, Inc., has recently provided more twists and turns in its long and winding road. Last November, the United States Court of Appeals for the Eighth Circuit upheld…
Wednesday, 22 May 2019
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Titling of property is just as important as your Will or Trust

If you think estate planning is simply the creation of a Will or Trust, you are missing a big portion of information, and could potentially have assets that do not flow according to the plan you have set up in…
Tuesday, 14 May 2019
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“Because of Sex” - U.S. Supreme Court to Hear LGBT Employee Discrimination Cases

On April 22, 2019, the United States Supreme Court announced it would hear arguments on three high-profile employment-related cases next term, all involving the issue of whether sexual orientation and transgender status are considered protected under federal anti-discrimination laws. Under…
Thursday, 02 May 2019
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Establishing False Pretenses: The Eighth Circuit Rules on Whether an Employer Engaged in Discriminatory Hiring Practices

Getting to a jury in an employment discrimination case is often a three-step process. In this process, the burden of proof shifts between the plaintiff-employee and the defendant-employer. In Nelson v. USAble Mutual Insurance Co., the United States Court of…
Tuesday, 30 April 2019
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U.S. Department of Labor States Employees May Not Decline or Defer FMLA Leave of a Covered Absence

On March 14, 2019, the United States Department of Labor (“DOL”) issued an opinion letter (FMLA2019-1-A) after being asked “whether an employer may delay designating paid leave as Family and Medical Leave Act (FMLA) leave or permit employees to expand…
Friday, 26 April 2019
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Attorney Spotlight: Wade E. Warntjes

For those of you that aren’t familiar with my story, I am the Advocacy Chair for the Pancreatic Cancer Action Network in South Dakota. This is a cause that is near and dear to my heart as my wife’s sister…
Thursday, 18 April 2019
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Stop Right There: The Eighth Circuit Decides Whether a Preliminary Injunction Should Prevent a Business from Hiring a Competitor’s Employees

When a plaintiff starts a lawsuit, he or she may wish to stop the defendant from performing some action during the lawsuit. In some instances, a court can grant the plaintiff’s wish in the form of a preliminary injunction. In…
Tuesday, 09 April 2019
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Estate planning lessons learned from country singer Corb Lund

A fellow attorney at our law firm recently went to a Corb Lund concert in Rapid City, South Dakota. She invited me to listen to Corb’s song, S Lazy H, which is a ballad about a man’s experience growing up…
Tuesday, 02 April 2019
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Fool Me Three Times: the Eighth Circuit Rules that an Employer Did Not Hold a Grudge Against a Thrice-Hired Plaintiff

In order to reach a jury in an employment discrimination lawsuit, a plaintiff-employee bears the burden of producing direct evidence of a discriminatory basis for his termination or that the defendant-employer’s legitimate reason for terminating the plaintiff is not credible.…
Tuesday, 02 April 2019
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“My accountant says I need to set up a ….”

It’s that time of year: meeting with your CPA to do your taxes. She probably had some suggestions for you about how to better track your expenses, and if you are a business owner, may have suggested that you set…
Tuesday, 19 March 2019
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Burden to Disprove a Negative or Prove a Positive – What is the Difference?

The South Dakota Supreme Court recently considered whether a probate court proceeding on a petition for finding of intestacy erred because it did not first consider whether to admit a copy of the will to probate. The appellant argued that…
Wednesday, 13 March 2019
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Lynn Jackson Alert: U.S. Department of Labor Proposes Raise to Exempt Employee Minimum Salary

On March 7, 2019, the U.S. Department of Labor (DOL) announced a Notice of Proposed Rulemaking to raise the minimum salary threshold for exempt employees to $35,308 annually ($679 per week), which is up from the 2004 standard currently in…
Tuesday, 05 March 2019
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Staging the Courtroom: The Eighth Circuit Rules on Who May Sue Whom

When deciding whether to file a lawsuit, it is imperative that it is filed against the appropriate party. Simply because a wrong is arguably attributable to a specific person or entity does not mean that is the appropriate person or…
Tuesday, 26 February 2019
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Eighth Circuit Visits – but Declines to Expand – Bivens Claims to Tribal Officers

Under federal law and common law doctrines, it is well established that sovereign immunity exists for each of the 573 federally recognized Native American tribes, absent consent or an act of Congress. Although the Indian Civil Rights Act was adopted…
Tuesday, 26 February 2019
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Trademarks for your Business: Which is best, State or Federal?

More and more businesses of all sizes are recognizing their names and logos as an asset to their operation. As an asset, protection by trademark is advisable. Trademarks serve multiple purposes, in that they distinguish goods or services of one…
Tuesday, 26 February 2019
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The Keys to the Courtroom: The South Dakota Supreme Court Explains the Necessity of Expert Witnesses

When it comes to litigation, everything must be properly supported. What document supports what fact? Who can testify to what occurrence? The South Dakota Supreme Court recently made one thing clearer in Cooper v. Brownell: you are not an expert…
Friday, 15 February 2019
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Gun Safety in Schools

A new report from the nation’s largest education unions and the nation’s largest gun safety organization indicates that arming school district staff "increases risk and is overall an ineffective solution to gun violence." The report comes out amid a previous…
Friday, 08 February 2019
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If at First You Don’t Even Try: Eighth Circuit Revisits if Failure to Reinstate Can Revive Employment Discrimination Claim

In the realm of employment discrimination, there are strict time bars to bringing claims of discrimination to the Equal Employment Opportunity Commission (“EEOC”) or its state equivalent. When those deadlines are missed, employees will sometimes attempt to seek reinstatement in…
Friday, 25 January 2019
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McKee v. Reuter: The First Amendment Does Not Permit Employment Termination Based on Political Affiliation

Jeanette McKee was a chief deputy clerk for the Circuit Court of Jefferson County, Missouri. In 2014, she ran as a candidate to replace the outgoing clerk of court. Her opponent in the race, Michael Reuter, was ultimately elected. During…
Thursday, 24 January 2019
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#MeToo Still Going Strong: EEOC Releases FY 2018 Sexual Harassment Data

By now, everyone is aware of the #MeToo movement, which began in October 2017 as a backlash against sexual harassment and sexual assault in Hollywood and the entertainment industry. The Equal Employment Opportunity Commission (EEOC), created as part of the…
Wednesday, 23 January 2019
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IRS says: Making large gifts now will not harm estates after 2025

The IRS recently announced that individuals taking advantage of the increased exclusion amounts will not be adversely impacted when the exclusion amount is scheduled to drop to the levels they were at prior to 2018. The exclusion amount has been…
Tuesday, 20 November 2018
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SD New Annual Increase On Minimum Wage Has Been Announced

Just announced, the new South Dakota Minimum Wage for 2019 is increasing 25 cents per hour. The new rate of $9.10 per hour is up from $8.85 in 2018. The new rate becomes effective on January 1, 2019. South Dakota's…
Thursday, 15 November 2018
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Legal Insights: Probate – What is it, and should I seek to avoid it?

Clients often come into my office for estate planning meetings and tell me they wish to avoid probate. Often, these clients have had a bad experience with a long, expensive, and emotionally charged probate proceeding that occurred after the death…
Thursday, 08 November 2018
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USDE Issues New Title IX Rules

Higher Education Alert! Last Friday the United States Department of Education released proposed new federal regulations in connection with Title IX, the 1972 civil rights legislation designed to prohibit sex discrimination in federally funded educational programs. The new rules are…
Thursday, 01 November 2018
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Signs you should update your estate plan

When Should I Update My Estate Plan? It’s a good feeling – finishing up something important that you have been meaning to do for years. That’s how our clients often feel after we finish signing their estate planning documents, whether…
Tuesday, 30 October 2018
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Making Estate Planning Less Daunting by Understanding the Documents available to you

Estate Planning can be an overwhelming process for everyone involved. Making sure you understand the estate planning documents available to you can make the estate planning process easier for everyone. Effective and Efficient Estate Plans: Having an effective and efficient…

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