Baird Holm Banter

In this episode of Baird Holm Banter, Sarah Huyck talks to David Kramer about two recent Supreme Court decisions and how those opinions directly and indirectly affect employers. 

In this episode of Baird Holm Banter, Sarah Huyck joins David Kramer to talk about the Pregnant Workers Fairness Act including its requirements, its prohibitions, and key takeaways for employers now that the Act is in effect.

Scott S. Moore talks to David Kramer about the activity by the Justice Department, states and the Federal Trade Commission to place greater restrictions on non-competition agreement by employers, including the FTC's recent proposal to ban workplace based non-competition agreements.

In this episode, Krista Eckhoff joins David Kramer to discuss famous estate disputes, including Robin Williams, Prince, Martin Luther King Jr., Thomas Kinkade, and Joan Crawford, and the lessons learned from those estates. Tune in for some interesting stories and tips for your own estate planning.

Allie Balus talks to David Kramer about what businesses need to know about class actions—what defending against a class action entails, common types of class actions over business practices, and ways to mitigate risks now for when you face a class action later.

David Levy joins David Kramer to provide a brief summary of the Omaha Streetcar and the innovative use of Tax‑Increment Financing to pay for the project.

Jeremy Christensen joins David Kramer to discuss recent Department of Labor guidance on the fiduciary prudence of applying a socially conscious analysis to the selection of retirement plan investments and of including cryptocurrencies as a plan investment alternative. Jeremy and David explore the application of ERISA's high fiduciary standards to these (relatively) new investment strategies and vehicles.

In this episode, Hannah Fischer Frey and Morgan Kreiser join David Kramer to discuss equity compensation alternatives for all types of employers and businesses. Hannah and Morgan have seen an increase of equity compensation arrangements by employers in an effort to attract and retain key employees, directors, and management. Tune in to learn more about the different types of equity compensation arrangements available, the reasons to offer (or not offer) equity compensation, and some of the key considerations when offering equity compensation.

In this episode, David Kramer and Jeremy Hollembeak discuss an increasingly popular, international feature of U.S. law called “1782 Actions” (so-named because they are authorized by Section 1782 of title 28 of the United States Code).  1782 Actions allow parties to proceedings before courts or tribunals around the world to obtain expansive discovery in U.S. federal courts to help with claims or defenses in their non-U.S. proceedings. 

Mark Goldsmith joins David Kramer to talk about the challenges that employers face when defending against lawsuits filed in California state court. Mark will discuss how procedures have evolved to make litigating remotely more cost effective, as well as some of the differences that make California cases unique.

Hannes Zetzsche and Eli Rosenberg join host David Kramer for a wide ranging discussion on cannabis banking. This episode covers the legal treatment of cannabis on both the federal and state levels and what issues and challenges banks face in providing financial services to these businesses.

In this episode of Baird Holm Banter, David Kramer and David (Dewey) Kennison discuss what employers can expect when faced with a lawsuit. Dewey will provide an overview of the process from start to finish and highlight ways that employers can help counsel defend litigation.

In this episode of Baird Holm Banter, David Kramer is joined by Aaron Johnson to discuss considerations for corporate borrowers as they negotiate and execute commercial loans.

In this episode, David Kramer and Allie Balus discuss the basics of wage and hour law and why employers should consider undertaking periodic wage and hour audits to ensure compliance and strengthen its defenses.

In this episode of Baird Holm Banter, David Levy and Lee Greenwald join David Kramer to discuss solar energy development, its benefits, and Nebraska's regulatory landscape.

In this episode of Baird Holm Banter, David Kramer is joined by Michael Sands to discuss how Tax Increment Financing ("TIF") works, how it benefits cities and developers, and some of the common misconceptions related to its use.

In this episode of Baird Holm Banter, David Kramer is joined by Stephanie Mattoon to discuss some commonly misunderstood legal issues applicable to nonprofit organizations, including whether proxy or email voting is permissible, when a nonprofit has “members”, how to properly structure a fiscal sponsorship, and why nonprofits can be more engaged in advocacy and lobbying.

In this episode of Baird Holm Banter, David Kramer is joined by Eli Rosenberg to discuss the legal issues surrounding NFTs. David and Eli cover a variety of topic in connection with this emerging technology, including what an NFT is, the current state of the law with respect to NFTs, and considerations NFT buyers and sellers should have when participating in the NFT marketplace.

In this episode, and to wrap up the three-part Remote Work Considerations Series, David Kramer and Hannah Fischer Frey discuss the tax implications of hiring or retaining an employee that teleworks from another state. Such a situation could affect the employer's income tax withholding obligation and possibly trigger corporate income tax to another state.

As part of our Remote Work Considerations Series, David Kramer is joined by Morgan Kreiser in this episode to discuss the state income tax withholding, unemployment compensation insurance, and workers' compensation insurance obligations for employers who have employees working remotely from out-of-state.

Welcome to the new normal. What should employers be thinking about now that everyone wants to work remotely? In this episode of Baird Holm Banter, David Kramer is joined by Randy Stevenson and Sara McCue, who will discuss both the practical and legal implications of remote work. This episode is part one in a three-part remote work considerations series.

Join David Kramer and Amy Erlbacher-Anderson in a wide-ranging discussion of employment-based immigration ranging from hiring individuals in H-1B visa status (2022 cap season opened March 1, 2022!) to use of the permanent residence process to allievate staffing shortages in the healthcare industry. 

In this episode of Baird Holm Banter, David Kramer and Amber Preston discuss federal and state securities laws and the impact of such laws on capital raising and forming new entities.

In this episode of Baird Holm Banter, David Kramer is joined by Kelli Lieurance to cover the new federal contractor obligations to certify affirmative action compliance via the OFCCP's Contractor Portal. Kelli will also provide a brief update on the status of the Federal Contractor Vaccine Mandate litigation.

In this episode of Baird Holm Banter, David Kramer is joined by Patrick Kennedy to discuss personal privacy on the internet and the potential legal implications for individuals and businesses of the Supreme Court's recent holding in an important LinkedIn data-scraping case.

In this episode of Baird Holm Banter, David Kramer is joined by Heidi Guttau to discuss legal steps employers can take to protect themselves if someone threatens to harm an employee, a customer, or someone else on your property.

In this episode of Baird Holm Banter, David Kramer and Lindsay Lundholm discuss why more and more businesses are agreeing to resolve disputes in arbitration instead of through the courts, and the differences between arbitration and traditional litigation which impact that decision.     

In this episode of Baird Holm Banter, David Kramer and Tessa Lancaster discuss the boundaries of the Telephone Consumer Protection Act and how companies should approach robocalls and automated text messages.

In this episode of Baird Holm Banter, David Kramer is joined by Nick Miller to discuss the states in which a Nebraska-based business can potentially be sued based on commercial activity conducted over the internet.

In this episode of Baird Holm Banter, David Kramer talks with Kim Lammers about the timing of the federal public health emergency declarations for COVID, how the waivers that have been granted to health care providers tie into these emergency declarations, and how long we believe the emergency declarations and waivers will be available for providers to rely on as the numbers of new COVID cases continue to go down.  

In this episode of Baird Holm Banter, David Kramer sits down with Scott P. Moore to discuss disability accessibility requirements for businesses, why we are seeing so many ADA accessibility lawsuits against businesses, and how to avoid them. 

In this episode of Baird Holm Banter, David Kramer is joined by Brandon Tomjack to discuss some of the unique issues lenders may face when dealing with a problem agricultural loan. 

In this episode of Baird Holm Banter, David Kramer is joined by Rick Putnam and Chris Hedican, Baird Holm’s outgoing and incoming Managing Partners, respectively, to discuss where the Firm has been and where it’s going.

In this episode of Baird Holm Banter, David Kramer welcomes Sara McCue to discuss how businesses should approach requests about service animals and assistance animals under the Americans with Disabilities Act.

In this episode of Baird Holm Banter, David Kramer is joined by Scott S. Moore to discuss the legal implications of the CDC shift in public policy regarding masking for protection against COVID-19 and what it means for employers in establishing workplace policies.  

In this episode of Baird Holm Banter, David Kramer welcomes Kara Stockdale to discuss some recent immigration changes which may impact employers and employees.

In this episode of Baird Holm Banter, David Kramer and Krista Eckhoff discuss the wide variety of lawsuits that have been filed as a result of the COVID-19 pandemic and the lessons to be learned from these disputes. 

In this episode of Baird Holm Banter, David Kramer welcomes Leigh Campbell Joyce to discuss the positives and pitfalls of employers taking action against employees based on social media activity, as well as the surprising online behaviors that may be protected. 

In this episode of Baird Holm Banter, David Kramer is joined by Bob Kardell to discuss the nature and legal implications of the Microsoft Exchange zero-day exploit, a cybersecurity breach that became public in early March.

In this episode of Baird Holm Banter, David Kramer is joined by Jesse Sitz and Morgan Kreiser to discuss the employee retention tax credit, which targets businesses shut down or otherwise negatively affected by COVID-19 and which has the potential to save eligible employers big money on payroll taxes.

In this episode of Baird Holm Banter, Morgan Kreiser is back to discuss the employee benefits-related provisions of the American Rescue Plan Act, including the 100% COBRA premium subsidies and increased dependent care flexible spending account benefits.

In this episode, Susan Tvrdy and David Kramer discuss the most recent COVID-19 stimulus bill signed into law – the American Rescue Plan Act of 2021. They provide a high level overview of what is in the $1.9 trillion package and, importantly, what is not in the package.

In this episode of Baird Holm Banter, Chris Hedican joins host David Kramer to discuss non-compete and non-solicitation agreements: when they work, when they don't, and whether a business should have one. 

In this episode of Baird Holm Banter, David Kramer is joined by Morgan Kreiser to discuss the recent extension of qualified educational assistance programs that permits employers to provide employees with tax-free student loan reimbursements.

In this episode of Baird Holm Banter, David Kramer welcomes Nick Buda who discusses issues pertaining to lease negotiations, lease defaults, evictions, workouts, bankruptcy, and how to navigate those areas during this unique time.

In this episode of Baird Holm Banter, Jon Blumenthal talks with Ron Jensen who discusses estate planning, trusts and estates.

In the fourth episode of Baird Holm Banter, Jon Blumenthal talks with Jeremy Hollembeak who discusses bringing distressed investments to untapped businesses and industries. 

In the third episode of Baird Holm Banter, Jon Blumenthal talks with Bob Kardell about cybersecurity issues businesses, nonprofits and governmental agencies are facing during the pandemic.

In this episode of Baird Holm Banter, Jon Blumenthal is joined by Hannah Fischer Frey who discusses the Paycheck Protection Program and what businesses need to know and consider in order to have their loan forgiven by the Small Business Association.

In the inaugural episode of Baird Holm Banter, Jon Blumenthal is joined by Randy Stevenson who discusses how the COVID-19 pandemic has caused challenges for employers, and offers his expert insight about requirements to consider for a safe reopening. The content of this podcast is intended as general information only and may not be considered legal advice as to any particular matter.