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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…
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