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Insights

Spencer Fane’s Insights contain a wealth of information on our firm, our attorneys and our recent activities, as well as upcoming events. If you need further information please contact the marketing department.

Latest News

Charissa Dvorak Interviewed in Houston Chronicle

In a recent Houston Chronicle article about a university administrator stepping down due to allegations of misconduct, the publication interviewed Spencer Fane attorney Charissa Dvorak to gain insights from her work in the area of investigations into misconduct at universities.

Ryan Hardy and Eric Peterson Speak at MIBA Convention

At the recent annual convention of The Missouri Independent Bankers Association (MIBA), Spencer Fane attorneys Ryan Hardy and Eric Peterson spoke on the topic “The Road Ahead: The Way Forward When My Borrower Defaults.” 

Josh Dickinson Presents at National Creditors Bar Association Webinar

In a recent webinar titled “Intersection Between Bankruptcy and Consumer Protection Claims,” Spencer Fane Partner Josh Dickinson gave National Creditors Bar Association (NARCA) members an overview of consumer bankruptcy including a discussion of a collection attorney’s liability for violating the automatic stay and discharge injunction.

Robin Nolan Reviews 5 Changes to 2016 ALTA Commitment Form in Colorado Real Estate Journal

In a recent article in Colorado Real Estate Journal, Spencer Fane Partner Robin Nolan explains five substantive ways in which the 2016 ALTA Commitment form differs from previous forms.

New York Times Cites Bob Lattinville in Coaches’ Salary Article

In a September 8 article titled “What Does a College Pay for Its Football Coach? It Depends How Many It’s Paying,” the New York Times cites work done by Spencer Fane attorney Bob Lattinville.

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Latest Publications

Mistaken Use In Sales Contract Of Spec Sheet For A Different Aircraft Is Held To Void Buyer’s Purchase Obligation

The importance of selecting the correct specification sheet is driven home in a recent decision of the Federal District Court for the Western District of New York.

OSHA Issues New Guidance on Process Safety Management

OSHA recently published a guidance document to help petroleum refineries comply with OSHA’s Process Safety Management (PSM) standard, 29 CFR 1910.119, distilling lessons learned by OSHA over the past ten years from the Petroleum Refinery PSM National Emphasis Program (NEP).  The OSHA guidance serves as a road map for process safety professionals to understand specific areas that OSHA will focus on during a PSM audit and areas most likely for OSHA to find gaps in PSM programs.

Cyber-attacks – A Universal Issue

The Federal Bureau of Investigation has cautioned organizations, regardless of industry, that cyber-attacks continue to increase and evolve. Cyber-attacks often target digital files containing sensitive and proprietary data. Thus, the operational, financial and reputational impact caused by cyber-attacks to an organization, either directly or through its service providers, can be significant.

To illustrate the widespread acknowledgement across industries of the importance of cybersecurity, this article describes: 1) best practices identified by the Securities and Exchange Commission Office of Compliance Inspections and Examinations for designing cybersecurity programs, and 2) guidance issued by the Department of Health and Human Services Office for Civil Rights under the Health Insurance Portability and Accountability Act for responding to cyber-attacks.

The Ins and Outs of Opt-out Incentives

As annual open enrollment season approaches, many employers may be evaluating ways in which to control rising health plan costs. One strategy frequently considered is a financial incentive for employees to waive or opt out of the employer-sponsored group health coverage. Although such “cash-in-lieu” or “opt-out” arrangements have long been common, they raise potential problems under the Affordable Care Act (“ACA”), as well as a number of other federal laws.

Ninth Circuit: Seller is not liable for calls made by telemarketer in violation of the Telephone Consumer Protection Act

In a recent decision that may affect any company that sells products or services using telemarketers, the United States Court of Appeals for the Ninth Circuit affirmed the district court’s grant of summary judgment in Jones v. Royal Admin. Servs., Inc. in favor of a product seller, holding the seller was not vicariously liable for calls made by a telemarketer in violation of the Telephone Consumer Protection Act[1] (TCPA) because the telemarketer was an independent contractor.

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Latest Events

2017 Employee Benefits Seminar

The Spencer Fane Employee Benefits group will host its annual seminar this fall in the Denver and Kansas City areas. The theme this year is:  “Benefits 2017:  Do You Know What You Need to Know?”  The following sessions will be included:

  • Understanding Retirement Plan Fees:  It’s a Fiduciary Issue
  • Is Your Health Plan Healthy?
  • The Keys to Retaining Key Employees

Each seminar runs from 7:30-11:50 am. Dates and locations are:

  • Tuesday, Sept. 19 – The Inverness Hotel, Englewood, CO
  • Thursday, Sept 28 – Overland Park Convention Center, Overland Park, KS

Click here to view the invitation and to register.

Knock, Knock: Managing Risk in Internal and Government Investigations CLE, August 8

ACC Mid-America Chapter & Spencer Fane LLP jointly present:
Knock, Knock: Managing Risk in Internal and Government Investigations

Conducted by: Patrick McInerney, Partner and Mark A. Thornhill, Partner

2017 Special District Association Conference, September 13-15

This year’s Special District Association (SDA) Conference, September 13-15 in Keystone, Colorado will feature two speakers from Spencer Fane.

COBRA Basics and More – Webinar

Laura Fischer, Ken Mason and Julia Vander Weele, partners in the Spencer Fane Employee Benefits group will conduct a webinar providing a refresher on COBRA basics, discuss the future of COBRA (in the event of a potential repeal of the Affordable Care Act), and address several case-law developments.

Who’s Talking to Your Employees About Retirement? and Why You Should Care. – Seminar

Greg Ash, Chair of the Spencer Fane Employee Benefits group, will join Chris Costello of bloom to a conduct a seminar geared toward HR and benefits professionals titled, “Who’s talking to your employees about retirement, and why you should care.” Greg will focus on the topic “The DOL’s fiduciary rule: now what?”

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