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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…

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.…

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…

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…

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…

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…

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…

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…

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…

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…