Legal Updates Archive

This article addresses frequently asked questions and guidance regarding the initial PPP loans taken out by Borrowers (First Draw Loans).

This article addresses frequently asked questions and guidance regarding the eligibility of previous PPP loan recipients to receive a second PPP loan (Second Draw Loans).

This article addresses frequently asked questions and guidance regarding new PPP loan forgiveness rules and requirements.

This article addresses frequently asked questions and guidance regarding updates and other reforms to the SBA’s review process of PPP loans.

This article addresses frequently asked questions and guidance regarding hold harmless agreements, lender fees and other updates contained in the reforms.

The business of operating a bank has long since expanded beyond serving customers and managing a balance sheet. These days, bank management spends considerable time overseeing and negotiating with key vendors – a dance that has only become more complicated in recent years. In this upcoming article series, we will provide insights regarding third-party risk management throughout the lifecycle of a bank’s relationships with its critical vendors.

In fall 2020, the Department of Justice’s Antitrust Division issued a press release providing background and seeking public comment on a potential update to the Division’s 1995 Bank Merger Competitive Review Guidelines.

Most lenders are familiar with creating and perfecting security interests in personal property. However, when lending to farmers, there are a few additional issues.

On February 22, 2021, Representative Steve Elkins introduced a major new privacy bill (HF 1492) in the Minnesota House of Representatives containing significant privacy obligations for businesses to which it applies.

Biden administration announces several PPP reforms to support the smallest businesses.

Minnesotans whose “home state” is here and who purchase “nonadmitted insurance” directly from insurers not licensed to sell insurance in Minnesota are required to file Form IG255 annually with the Department of Revenue.

The South Dakota Supreme Court recently issued an opinion that substantially clarifies what constitutes a disqualifying conflict of interest under South Dakota law in the context of local zoning.

USCIS said its officers should not apply the rescinded memo "to any pending or new requests for H-1B classification, including motions on and appeals of revocations and denials of H-1B classification," and that further guidance is forthcoming.

USCIS will continue to abide by previous filing fee amounts because of two preliminary injunctions.

A recent Wisconsin Court of Appeals’ decision illustrates the importance of specificity when drafting restrictive covenants.

Of particular note for the energy industry, the Corps reissued and modified NWP 51 (land-based renewable energy generation facilities) and has split NWP 12 into separate permits.

A spokesperson for the Student and Exchange Visitor Program (SEVP) announced that spring 2021 guidance related to the COVID-19 pandemic for international students in programs in “hybrid” or online modes will remain the same as before.

On January 8, 2021, a new rule was published by the Department of Homeland Security which significantly impacts the H-1B visa lottery process.

U.S. Immigration and Customs Enforcement announced an additional 30-day extension to January 31, 2021, of flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to the COVID-19 pandemic.

The Ninth Circuit ruled that U.S. Citizenship and Immigration Services’ denial of a visa for a computer programmer on the basis that it was not a “specialty occupation” was arbitrary and capricious, and the Circuit remanded the case.

The Cato Institute recommended 30 deregulatory actions for the Biden administration to consider, to “lessen the costs of America’s outdated immigration laws.”

Late December 21, 2020, Congress passed the Consolidated Appropriations Act of 2021 containing additional COVID-19 relief for taxpayers and a provision that allows employers to amend their health and dependent care flexible spending account plans.

A U.S. district court vacated a memorandum issued by Chad Wolf, which made certain changes to the DACA program, and ordered DHS to reopen the program to new applications.

A U.S. district court vacated two interim final rules promulgated by DOL and DHS that made important changes to the H-1B program.

On December 2, 2020, the U.S. Senate passed its version of H.R. 1044, the "Fairness for High-Skilled Immigrants Act of 2020."

A DOS spokesperson said that no current visas would be revoked as a result of the policy changes.

USCIS announced updated guidance for adjudicating EB-2 and EB-3 Schedule A petitions for registered nurses, physical therapists and immigrants who have exceptional ability.

ABIL released a non-exhaustive list of 12 recommendations to reform business immigration in the early days of the Biden-Harris administration.

On November 23, 2020, President-elect Joe Biden nominated Alejandro Mayorkas to lead DHS.

DHS and ICE announced an extension until December 31, 2020, of flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to ongoing precautions related to the COVID-19 pandemic.

The photo E-Verify transmitted should be identical to the photo that appears on an employee's DHS or DOS-issued document.

The update provides "a non-exhaustive list of positive and negative factors that may be relevant to whether an adjustment of status applicant warrants a favorable exercise of discretion."

In Anunciato v. Trump, more than 245 family, employment and diversity-based visa applicants and their U.S. sponsors sued the U.S. government in federal court.

President-elect Joe Biden has pledged in the first 100 days of his administration to set in motion a number of immigration-related actions.

Nonimmigrant students should continue to abide by SEVP guidance issued in March 2020, a SEVP spokesperson said.

Now that the EEOC has issued guidance on COVID-19 vaccinations, what should employers know about vaccinations and whether to require them?

When faced with a difficult decision on whether to make a payment consider the powerful impact of the voluntary payment doctrine.

In the past few months, the OCC and FDIC have proposed and enacted new rules to address ambiguity surrounding “rent-a-bank” or “rent-a-charter” arrangements.

Many M&A headlines during the pandemic have declared bank M&A dead. While M&A has slowed, deals continue here in the Midwest, particularly among community banks. Further, current conditions will bring new opportunities for both buyers and sellers.

The industry has weathered much in the past. Given current conditions and uncertainties, bank boards and management should hope for a vaccine, a strong economy, and world peace, but prepare in case any of that is not achieved in the near term.

Effective January 2, 2021, the USPTO is changing some of its trademark fees. This article highlights the most notable changes for electronic filings.

The update provides "a non-exhaustive list of positive and negative factors that may be relevant to whether an adjustment of status applicant warrants a favorable exercise of discretion."

The webpage contains the monthly AEWRs for range occupations and the hourly AEWRs for non-range occupations.

The photo E-Verify transmitted should be identical to the photo that appears on an employee's DHS or DOS-issued document.

DHS proposes to "permit collection of biometrics from aliens departing from airports, land ports, seaports, or any other authorized point of departure" and "to amend the regulations to provide that all aliens may be required to be photographed upon entry and/or departure."

DOS released revised guidance implementing a court order in National Association of Manufacturers v. Department of Homeland Security that clarified its earlier order enjoining the government from enforcing a Trump administration ban on H, L and J nonimmigrants.

USCIS updated policy guidance to clarify the circumstances when the agency would find applicants ineligible for naturalization because they were not lawfully admitted for permanent residence.

November 16, 2020, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2021.

DHS and ICE announced an extension until December 31, 2020, of flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to ongoing precautions related to the COVID-19 pandemic.