Legal Updates

On March 24, 2025, the Department of Labor released an update that affects H-2A and H-2B employers.

Following the U.S. Department of the Treasury’s March 2, 2025, announcement, the Financial Crimes Enforcement Network has issued an interim final rule removing the requirement for U.S. companies and U.S. persons to report beneficial ownership information under the Corporate Transparency Act.

On March 26, 2025, the Department of Commerce’s Bureau of Industry and Security (BIS) added 80 entities to the Entity List, including 54 from China and about two dozen from Pakistan, the United Arab Emirates (UAE), South Africa and Iran.

The Council on Environmental Quality has announced plans to revoke its National Environmental Policy Act regulations following a recent court decision that found CEQ lacked the authority to issue them.

The U.S. Supreme Court issued a divided opinion on March 4, 2025, that reversed a Ninth Circuit decision upholding a National Pollutant Discharge Elimination System permit issued to San Francisco for its combined sewer system treatment facility.

A split panel of the U.S. Court of Appeals for the D.C. Circuit addressed a dispute over an Air Tour Management Plan developed by the Federal Aviation Administration (FAA) and the National Park Service (NPS) which governs commercial tourist flights over four national parks near San Francisco, California. The Marin Audubon Society and other environmental groups challenged the Plan, arguing that the agencies failed to comply with regulations of the Council on Environmental Quality (CEQ) implementing NEPA.

On January 29, 2025, the U.S. Senate confirmed Lee Zeldin as the new EPA administrator with a 56-42 vote, including support from three Democratic senators. Zeldin, a Republican, served in the New York State Senate and the U.S. House of Representatives before running unsuccessfully for New York governor in 2022.

On February 25, 2025, Judge Tunheim of the United States District Court for the District of Minnesota issued an order denying the Cookware Sustainability Alliance’s motion for a preliminary injunction.

On March 2, 2025, President Trump signed executive orders confirming that the 25% tariff on Canadian and Mexican imports (10% on Canadian energy and energy resources) would not be further paused and would take effect on March 4, 2025.

On February 25 and 26, 2025, the Minnesota Pollution Control Agency (MPCA) provided a “mid-point update” on its environmental justice/cumulative impacts rulemaking efforts. The next day, Administrative Law Judge Jessica Palmer-Denig presided over a hearing on MPCA’s proposed air toxics emissions reporting rule and its proposed repeal of the emergency affirmative defense for air permittees.

When economic headwinds sour a promising loan deal, lenders face the challenge of borrower default. This article explores key loan agreement provisions and elements in a default notice letter that protect lenders in such situations.

It seems like everyone has something to say about how Generation Z is starkly different from other generations. It should therefore come as no surprise that Gen Z banks differently, and institutions must react and engage appropriately if they wish to attract this key population as customers. 

There have already been a number of articles and several continuing legal education webinars discussing the November 2024 election results and the change in leadership of various agencies. In most cases, the articles also discuss what impact the leadership change might have on regulations. One thing they all agree on with some certainty is that there will be regulatory change.

In January 2025, the Minnesota Pollution Control Agency and the Minnesota Department of Health released the “PFAS removal report” which focuses on strategies to manage PFAS contamination in drinking water and wastewater in Minnesota.

In 2022, the National Labor Relations Board issued a decision in Thryv, Inc., greatly expanding the NLRB’s traditional concept of “make-whole relief” for employees who are the victims of an employer’s unfair labor practices to include “all direct or foreseeable pecuniary harm” caused by the employer’s practices.

Following the February 17, 2025, decision by the U.S. District Court for the Eastern District of Texas, beneficial ownership information reporting requirements under the Corporate Transparency Act are once again back in effect.

On January 27, 2025, the Minnesota Pollution Control Agency issued a draft National Pollutant Discharge Elimination System/State Disposal System general permit to control pollution generated from rain and snow melt runoff (i.e., stormwater) associated with industrial activities discharging into waters of the State of Minnesota. Once finalized, the Permit will replace the current ISW General Permit, which expires on March 31, 2025.

The Minnesota State Legislature, in its 2024 legislative session, directed the Minnesota Pollution Control Agency to develop recommendations regarding products containing lead, cadmium and PFASs.

In recent years, growing awareness of the ubiquity and possible dangers of PFAS — the class of compounds known as “forever chemicals” — has spawned an explosion in litigation and in new environmental statutes and regulations. This article, the first of two, explores the history of PFAS and the body of litigation these chemicals have elicited.

Paralleling this increase in litigation is an evolving regulatory regime that is in part based on existing environmental statutes and liabilities, and in part all its own. A PFAS regulatory regime targeted at removing PFAS from products, air, water and waste to prevent new PFAS pollution, managing PFAS when pollution has occurred, and cleaning up PFAS at particularly contaminated sites continues to be developed in Minnesota and at the federal level and is expected to increase (at least at the state level) in the years to come.

Given the recent uptick in immigration enforcement, there is a real risk that ICE may visit your healthcare facility. 

Upon taking office, President Trump directed federal agencies to freeze all new regulations pending review and to eliminate ten regulations for every new one going forward. As the new Congress convenes, federal legislators are moving to block certain recently enacted Biden era regulations through Congressional Review Act authority.

The United States Environmental Protection Agency recently published new water quality criteria for per- and polyfluoroalkyl substances (PFAS) compounds on October 7 and December 26, 2024.

On December 9, 2024, the Minnesota Court of Appeals affirmed a district court’s summary dismissal of claims brought by local businesses against Pope County under the Minnesota Environmental Rights Act (MERA).

U.S. Citizenship and Immigration Services has received enough petitions to reach the cap for the additional 20,716 H-2B visas made available for returning workers for the first half of fiscal year 2025.

The Department of Homeland Security (DHS) announced the extension of Temporary Protected Status for El Salvador, Sudan, Ukraine and Venezuela. The extensions are effective for 18 months.

This article summarizes key highlights among the flurry of immigration-related actions since President Trump's inauguration on January 20, 2025.

The Minnesota Department of Agriculture is currently accepting applications for its Cooperative Development Grant Program.

In light of the Executive Orders by President Trump we are sharing with you guidance regarding what to expect and how to prepare for worksite visits from ICE, Wage and Hour Division or USCIS (FDNS).

Last week, the White House issued a number of executive orders with wide-ranging impact. Among them was an executive order reflecting, among other matters, the Trump Administration’s opposition to affirmative action and diversity, equity, and inclusion initiatives in the workplace, entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”

U.S. Citizenship and Immigration Services (USCIS) will soon be announcing the opening of the fiscal year (FY) 2026 H‑1B Lottery. We are anticipating the process will be similar to years past, whereby employers seeking to file FY 2026 H-1B cap-subject petitions, including those eligible for the advanced degree exemption, must first electronically register and pay a $215 registration fee for each electronic registration they submit to USCIS using a MyUSCIS registrant online account.

Today, the Iowa Supreme Court issued its ruling in MIMG CLXXII Retreat on 6th, LLC v. Miller unanimously finding that the CARES Act’s requirement that tenants of “covered properties” be issued a 30-day notice to vacate (in addition to the standard three-day nonpayment notice) has effectively lapsed and is no longer applicable to landlord-tenant relations in Iowa.

Minnesota’s Department of Employment and Economic Development has issued initial guidance for employers who do not want to participate in Minnesota’s Paid Leave Law program and instead offer an equivalent private plan. In this article, we summarize DEED’s recent guidance on private plan substitutions.

Building and maintaining an accessible, legally compliant website can be challenging. For years, technology vendor accessiBe advertised seemingly simple, quick and economical solutions, including a software plug-in tool called accessWidget.

Colleges and universities are warning foreign students to return to campus before President-elect Trump’s inauguration on January 20, 2025.

Effective January 13, 2025, the Department of Homeland Security will permanently increase the automatic extension period of work authorization to up to 540 days for eligible noncitizens who file a timely request to renew their work authorization.

The Department of Labor’s Employment and Training Administration will soon update the Adverse Effect Wage Rates for range and non-range H-2A applications

U.S. Citizenship and Immigration Services reminded stakeholders that a Form I-693, Report of Immigration Medical Examination and Vaccination Record, that is properly completed and signed by a civil surgeon on or after November 1, 2023, does not expire and may be used indefinitely as evidence.

The Department of Homeland Security announced a final rule, effective January 17, 2025, that will “significantly enhance U.S. companies’ ability to fill job vacancies in critical fields, strengthening our economy.”

DHS announced a final rule updating the temporary agricultural H-2A and temporary nonagricultural H-2B nonimmigrant worker programs. The rule, effective January 17, 2025, “seeks to strengthen worker protections and the integrity of the H-2 programs, provide greater flexibility for H-2A and H-2B workers, and improve program efficiency.”

U.S. Citizenship and Immigration Services is now requiring certain applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, to submit Form I-693, Report of Immigration Medical Examination and Vaccination Record, with their Form I-485 or the Form I-485 may be rejected.

The new edition of Form I-129 replaces the April 01, 2024, edition. U.S. Citizenship and Immigration Services said there will be no grace period for the revised edition.

On December 31, 2024, the government filed an emergency application with the U.S. Supreme Court, to essentially again stay the nationwide injunction on the CTA.

On December 17, 2024, oral argument occurred before the Iowa Supreme Court in two identical cases the result of which is likely to bring much needed clarity to notice requirements under the Coronavirus Aid, Relief and Economic Security.

In advance of the upcoming holiday travel season and the incoming Trump administration on January 20, 2025, nonimmigrant employees, foreign students/scholars and their dependents (nonimmigrants) should take the following into consideration as they make their international travel plans.

USCIS and DOL have released the joint temporary rule implementing the process for employers who have a certified ETA 9142B with an employment start within FY 2025 (from October 1, 2024, to September 30, 2025) to apply for the 64,716 additional H-2B visa numbers.

In October, Fredrikson partnered with the Minnesota Business Partnership and the Minnesota Chapters of the National Association of Corporate Directors and Women Corporate Directors to host a fireside chat with Commissioner Mark Uyeda of the SEC and a panel of distinguished Minnesota-based general counsels.

A Minnesota Court of Appeals was recently tasked with deciding which statute provides for review of an amendment to a water appropriation permit.

On August 12, 2024, the Minnesota Court of Appeals reversed and remanded a district court’s entry for dismissal with prejudice for failure to comply with statutory service and publication requirements under the Minnesota Environmental Rights Act (MERA).

Former President Donald Trump’s election to a second term in the White House is sure to reshape immigration law and enforcement. What should employers expect, and how can they prepare?

The judge determined that the Biden administration lacked statutory authority for the program.

The Department of Labor proposes to amend the regulations consistent with recent federal litigation by clarifying existing requirements for employer-provided surveys for the H-2B program. DOL also proposes to add new requirements and eliminate Form ETA-9165.

The bulletin includes information on final action dates for employment-based visa preference cases, dates for filing of employment-based visa applications, diversity visa (DV) updates for December, and DV category rank cut-offs for January 2025, among other things.

The DHS, in consultation with the DOS, has announced the list of countries whose nationals are eligible to participate in the H-2A and H-2B nonimmigrant worker visa programs for the next 12 months.

The Department of Homeland Security, in consultation with the Department of Labor, will publish a temporary final rule on December 2, 2024, making available an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year 2025.

On November 27, 2024, the Department of Homeland Security published a notice designating Lebanon for Temporary Protected Status for 18 months. Accompanying the announcement is a Special Student Relief notice for F-1 nonimmigrant students from Lebanon.

The Department of Labor's Office of Foreign Labor Certification announced court orders issued by the Eastern District of Kentucky and Southern District of Mississippi associated with implementation of the 2024 Farmworker Protection Final Rule.

The Minnesota Pollution Control Agency, on November 25, 2024, issued notice of its intent to adopt a series of new and amended rules that would convert a currently voluntary triennial program for reporting air toxics emissions into a mandatory annual program for most permit holders.

The State of Minnesota is less than one month away from banning the sale, offer for sale or distribution for sale of 11 categories of consumer products if those products include intentionally added per- or polyfluoroalkyl substances.

Purpose credit refers to loans made to purchase or carry certain securities that is secured by such stock allowing the borrower to leverage their investments. This practice poses risks, as it can lead to substantial financial losses if the value of the securities declines. Bankers are familiar with this topic, but from time to time it is good to go back to the basics to understand banks’ obligations related to purpose credit. 

The FTC has struck out in enforcing its final rule banning employment noncompetes, but there are more innings to go. Keep in mind that the rule would not have applied to entities exempt from the FTC’s jurisdiction. However, federal banking regulators retain discretion to apply the rule to entities under their jurisdiction.

With the proliferation of tools like Zelle, Venmo, CashApp, PayPal, and ApplePay, nearly every bank has now dealt with consumer fraud perpetrated through mobile payment apps, particularly with respect to P2P functionality. So, who bears the loss when a customer reports that they have been the victim of fraud perpetrated against their deposit account, debit card, or credit card linked to a P2P app? The analysis is more complicated than one might think, often leaving both banks and consumers disappointed and frustrated.

Iowa and Minnesota are not known for oil and gas production, and with good reason — there isn’t any. But despite a history of oil or gas production in either state, recent discoveries prompted the 2024 sessions of the Iowa and Minnesota legislatures to revisit their oil and gas statutes.

On Friday, November 15, 2024, a federal district court struck down the U.S. Department of Labor’s 2024 rule increasing the minimum salary required for the most common overtime exemptions under the Fair Labor Standards Act. 

Iowa landlords are likely to receive long-awaited clarity on notice requirements under the Coronavirus Aid, Relief and Economic Security (CARES) Act from the Iowa Supreme Court in a pending appeal case where Fredrikson attorneys, Jodie McDougal and Jack O’Brien, filed an amici curiae brief on behalf of multiple statewide landlord associations.

On October 9, 2024, the U.S. Environmental Protection Agency (EPA) published a final rule under the 2018 Vessel Incidental Discharge Act (VIDA) governing the release of pollution to U.S. waters incident to the operation of ships, including unique requirements applicable to Great Lakers freighters.

On September 26, 2024, the Minnesota Public Utilities Commission unanimously adopted the recommendations of the Minnesota Department of Commerce (DOC) and the Minnesota Pollution Control Agency (MPCA) regarding how the Commission should interpret new or amended terms added to Minn. Stat § 216B.169.

Many employers are intimately familiar with the federal Family Medical Leave Act, which requires up to 12 workweeks of job-protected leave for qualified employees of covered employers. Here we discuss three common FMLA-related mistakes we encounter as business advisors. 

The Internal Revenue Service has announced the 2025 cost-of-living adjustments (COLAs) for benefit plans.

With the November 5 general election looming, employers should be reminded of Iowa’s law regarding time off to vote, Iowa Code § 49.109. Polls in Iowa will be open from 7 a.m. to 8 p.m. statewide on November 5.

The Department of Homeland Security (DHS) announced several measures “to provide temporary immigration reprieve to eligible Lebanese nationals currently in the United States” and to allow them to request work authorization, including Temporary Protected Status (TPS), Deferred Enforced Departure (DED), and Special Student Relief.

U.S. Citizenship and Immigration Services (USCIS) has approved International Education Evaluations, LLC, as a new credentialing organization for healthcare workers for certain immigration purposes.

On October 11, 2024, U.S. Citizenship and Immigration Services (USCIS) announced an update to its guidance on expedite requests, effective immediately.

On October 2, 2024, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance, effective immediately, to further clarify the types of evidence that the agency may evaluate to determine eligibility for extraordinary ability (E11) EB-1 immigrant visa classifications.

The Department of State's Bureau of Consular Affairs announced on October 3, 2024, that it is reducing processing times for passports to four to six weeks, down from six to eight weeks.

Disputes regarding failures to disclose material facts are common in residential real estate transactions. A number of courts have considered the issue of whether a seller is obligated to disclose the existence of paranormal or violent occurrences on the property.

On October 17, 2024, the Federal Energy Regulatory Commission (FERC) unanimously voted to finalize its rule with plans for exercising its limited authority over transmission line siting. Order No. 1977 clarifies that FERC has the authority to issue transmission permits within U.S. Department of Energy-designated National Interest Electric Transmission Corridors (NIETC) even after states deny an application in these areas.

Through Executive Order, President Biden has announced both Deferred Enforced Departure (DED) and Temporary Protected Status (TPS) for Lebanese nationals. These designations have two different time periods for qualification yet provide similar benefits.

Ever since remote work became a normal reality for corporate employees, it is not surprising to see an increase in the use of personal devices for business purposes. This means text messages on company-owned phones and personally owned phones that are used for business purposes can be a relevant data source in litigation.

Most people building a home enter into an agreement with a general contractor. In turn, that general contractor enters into agreements with subcontractors to actually build the home. At first glance, it may seem that those subcontracts are intended to benefit the homeowner, as the work under the subcontract will result in the construction of their home. However, in a recent decision, the Wisconsin Court of Appeals found that a homeowner was not a third-party beneficiary to a subcontract.

As we approach election day, employers are likely to notice an increase in discussions about political and social issues in the workplace. 

The emergence of tools designed to produce new imagery, video and sound based on generative artificial intelligence/machine learning is raising questions about the efficacy of current laws governing the use and protection of human made content. We recently had the opportunity to survey this legal landscape in a matter involving the use of AI to recreate the voice of a well-known public figure.

U.S. Citizenship and Immigration Services (USCIS) announced on September 19, 2024, that it has received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2025.

As of September 10, 2024, U.S. Citizenship and Immigration Services (USCIS) is automatically extending the validity of permanent resident cards (green cards) to 36 months for lawful permanent residents (LPRs) who file Form I-90, Application to Replace Permanent Resident Card.

On September 9, 2024, the Department of State (DOS) announced the issuance of all available visas in the employment-based second preference (EB-2) visa category for fiscal year (FY) 2024.

The Department of Labor's (DOL) Office of Foreign Labor Certification (OFLC) announced a revised transition schedule (scroll to September 10, 2024) for receiving and processing H-2A job orders and Applications for Temporary Employment Certification under the Farmworker Protection Rule, along with other technical guidance.

The California Service Center (CSC) has moved to a new facility.

U.S. Citizenship and Immigration Services (USCIS) has updated its guidance on when students may be eligible for optional practical training (OPT) extensions for science, technology, engineering, and mathematics (STEM) fields.

A Texas District Court has temporarily stopped the Biden administration's "Keeping Families Together" parole-in-place program.

According to reports, the Biden administration plans to resume a program that allows would-be migrants from Cuba, Haiti, Nicaragua, and Venezuela to apply from their home countries for entry into the United States.

Pay transparency laws are increasingly being implemented across the United States with a purported goal of increasing fairness, addressing wage inequalities and promoting a more transparent hiring process.

Back in February 2023, the National Labor Relations Board issued its widely discussed decision in McLaren Macomb that drastically shifted the standard for determining the lawfulness of common employee separation agreements. In short, the NLRB ruled that a hospital violated the National Labor Relations Act by unlawfully furloughing eleven employees without bargaining with the union, by directly dealing with those employees in offering them separation agreements, and by offering separation agreements with facially unlawful confidentiality and nondisclosure terms.

On August 19, 2024, the Department of Homeland Security (DHS) announced a Federal Register notice to implement Keeping Families Together, a parole-in-place process for certain noncitizen spouses and stepchildren of U.S. citizens. DHS estimated that up to 500,000 noncitizen spouses and 50,000 noncitizen stepchildren of U.S. citizens may meet the eligibility criteria.

The Department of State (DOS) announced on August 16, 2024, that annual limits have been reached in the EB-3, EW, and EB-5 unreserved categories for this fiscal year.

U.S. Citizenship and Immigration Services (USCIS) announced on August 5, 2024, that it has completed its second random selection to reach the fiscal year (FY) 2025 H-1B regular cap numerical allocation.

U.S. Citizenship and Immigration Services (USCIS) issued an update to its policy on Ukrainian employees with parole, stating that E-Verify employers should not create a case in E-Verify for re-paroled employees unless they are newly hired.

U.S. Citizenship and Immigration Services (USCIS) has extended the expiration date of Form I-9, Employment Eligibility Verification, to 05/31/2027.

On July 26, 2024, President Biden issued a memorandum directing the deferral, for 18 months, of the removal of any Lebanese national who was present in the United States on that date, with a few exceptions.

On June 18, 2024, the Biden administration announced actions to more efficiently process employment-based nonimmigrant visas for those who have graduated from college in the United States and have a job offer.

U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance, effective immediately, on new provisions in the Immigration and Nationality Act (INA) that cover consequences for noncompliance with the EB-5 regional center program.

U.S. Citizenship and Immigration Services (USCIS) released frequently asked questions (FAQs) that address common questions by individuals in H-1B nonimmigrant status, particularly related to applying for lawful permanent resident (LPR) status, job changes or terminations, international travel, and dependent family members.

On April 23, 2024, the U.S. Department of Labor issued a final rule raising the minimum salary employers must pay exempt employees under the federal Fair Labor Standards Act. Though the rule is facing legal challenges, employers are preparing for what comes next. If you have exempt employees, here is what you need to know.

With cannabis now officially legalized in Minnesota and the Office of Cannabis Management working to develop its regulatory licensing and oversight program for cannabis businesses, many bankers are also hard at work putting together cannabis banking business lines. But there’s another important piece of this puzzle: the deposit account agreement.

Fredrikson attorneys from several practice and industry groups reflect on the potential impact of the Supreme Court’s rulings on their specific areas of law and on their clients’ business.

The Federal Trade Commission has struck out in enforcing its final rule banning employment non-competes, but there are more innings to go.

As the Federal Trade Commission ban on non-compete agreements is set to take effect September 4, 2024, its status remains in flux. Two federal district courts have issued rulings enjoining the FTC from enforcing the ban. Both rulings are limited to only the named plaintiff in the case, but one of these courts has promised a decision on whether to enter a nationwide injunction before August 30, 2024. This puts employers in a difficult situation.

It is no secret that the intercollegiate athletics landscape has changed drastically over the last five years, as student-athletes have been permitted to license their Name, Image and Likeness (NIL) in exchange for compensation. These changes, kicked off by state legislatures in California and Florida, were escalated by student-athlete-initiated legal action.

On July 24, 2024 the U.S. District Court for the Eastern District of Missouri Eastern Division issued a 54-page Memorandum and Order enjoining the U.S. Department of Education from “implementing, enacting, enforcing, or taking any action in any manner to enforce” the 2024 Title IX regulations published on April 29, 2024, against the plaintiff states of Arkansas, Missouri, Iowa, Nebraska, North Dakota, and South Dakota.

With nearly fifty years of caselaw addressing the introduction, definition, and expansion of workplace harassment law, the Equal Employment Opportunity Commission replaced its prior enforcement guidance published in the 1980s and 1990s with a new document entitled “Enforcement Guidance on Harassment in the Workplace.” This document provides some helpful insight that employers can use to review and update their harassment policies and trainings.

The Department of Homeland Security (DHS) announced that the designation of Yemen for Temporary Protected Status (TPS) has been extended and redesignated for 18 months, beginning on September 4, 2024, and ending on March 3, 2026. DHS also announced work authorization relief for F-1 students from Yemen. Below are highlights of DHS’s actions.

The Department of State’s Visa Bulletin for August 2024 shows no further retrogression in the EB-3 visa category following retrogression in July.

President Biden has extended through June 30, 2026, deferred removal for Liberians with a grant of Deferred Enforced Departure (DED) under a 2022 memorandum.

The Department of Homeland Security released additional details about the extension and redesignation of Haiti for Temporary Protected Status (TPS) through February 3, 2026.

The Department of Homeland Security (DHS) has raised civil monetary penalties for certain violations based on inflation.

U.S. Citizenship and Immigration Services (USCIS) announced that applicants for naturalization can now request a replacement Social Security card when they apply for citizenship through Form N-400.

Most Minnesota landlords are aware that the state legislature passed sweeping changes to Minnesota’s landlord-tenant laws during the 2023 legislative session, most of which took effect on January 1, 2024. With less fanfare, however, the legislature passed another round of significant changes during the 2024 legislative session. 

As The Wall Street Journal reports, the Mizrahi Kroub law firm is one of a handful of plaintiff-firms filing thousands of Website Accessibility / ADA lawsuits each year. 

On May 28, 2024, the U.S. Supreme Court granted certiorari to review a 2023 Clean Water Act decision by the Ninth Circuit Court of Appeals. As in last year’s high-profile CWA decision, the Court will once again consider — and potentially curtail — the scope of EPA’s authority to regulate pollutant discharges.

The Eighth Circuit Court of Appeals recently affirmed a district court’s grant of summary judgment on behalf of the Bureau of Land Management and Slawson Exploration Company related to the issuance of drilling permits. 

The Minnesota Court of Appeals overturned an injunction on the City of Minneapolis’ 2040 Comprehensive Plan on May 13, 2024. 

On March 21, 2024, the Fifth Circuit Court of Appeals held that the EPA exceeded its statutory authority under the Toxic Substances Control Act when it used a Significant New Use Rule to prohibit a fluorination process that had been used by Inhance Technologies L.L.C. for decades. 

The 2024 Minnesota legislative session brought notable changes to environmental laws in Minnesota.

On December 29, 2023, China enacted amendments to the PRC Company Law which came into effect earlier this month on July 1, 2024.

In 2024, the Minnesota Legislature made several changes to the Gopher One Call Statute, creating reporting requirements for large operators and modifying excavation processes to require meetings at the sites of proposed excavations. It also created new safety requirements for underground telecommunications installers, which for the seven-county Twin Cities metropolitan area take effect on July 1, 2025, and for the rest of the state on January 1, 2026. 

Many changes to Minnesota’s health care laws were signed into law by Governor Walz in the 2024 legislative session that ended in May. Here is an overview of several of the key changes and new laws. Please contact your Fredrikson attorney for more information.

When the Federal Trade Commission issued its final rule banning employment non-competes over two months ago, it was widely expected to be struck down in some fashion. The U.S. District Court for the Northern District of Texas has levied the first of those strikes, but it is far from a strikeout for the FTC.

Subject to certain exceptions, as of June 5, 2024, President Biden has “suspended and limited” entry into the United States of certain noncitizens across the southern border.

The Department of State’s Visa Bulletin for July includes the following information about retrogression in the EB-3 immigrant visa preference category and an alert about a new law’s impact on special immigrant visas.

U.S. Citizenship and Immigration Services reminded E-Verify users to delete the dash in their E-Verify login bookmarks.

On June 18, 2024, President Biden announced measures “to ensure that U.S. citizens with noncitizen spouses and children can keep their families together.”

U.S. Citizenship and Immigration Services announced on June 20, 2024, that it is extending the work authorization of Temporary Protected Status beneficiaries under the designations of El Salvador, Honduras, Nepal, Nicaragua and Sudan through March 9, 2025.

U.S. Citizenship and Immigration Services announced that login security will be enhanced for E-Verify and Systematic Alien Verification for Entitlements later this year, when users will begin logging into E-Verify or SAVE using Login.gov.

A 5-4 majority of the U. S. Supreme Court, on June 27, 2024, granted a request for a stay of the Environmental Protection Agency’s imposition of its Federal Implementation Plan against more than 20 states that failed to meet their “good neighbor” obligations to decrease ozone-causing nitrogen oxide emissions within their borders under the Clean Air Act.

An emerging trend in e-discovery concerns how courts should treat emails containing hyperlinks that reference other documents.

The Department of Labor published a notice stating that the Assistant Secretary for Employment and Training ratified a final rule on Adverse Effect Wage Rate methodology for H-2A agricultural workers “out of an abundance of caution.”

The Equal Employment Opportunity Commission released its final rule implementing the Pregnant Workers Fairness Act on April 15, 2024. The regulations, including an appendix of interpretive guidance that will guide the EEOC’s enforcement of the PWFA, become effective on June 18, 2024, 60 days after publication in the Federal Register.

On May 16, 2024, the U.S. Department of Homeland Security announced the addition of 26 textile companies based in the People’s Republic of China to the Uyghur Forced Labor Prevention Act Entity List.

Under Minnesota’s Paid Leave Law that was passed in 2023, eligible employees may take up to 20 weeks per year of paid leave during certain family and medical leave events starting in January 2026. However, the new law left many questions unanswered—some of which have now been answered, or at least clarified, by the Minnesota Department of Employment and Economic Development and the Minnesota Legislature.

On May 24, 2024, Governor Walz signed the Minnesota Consumer Data Privacy Act (MCDPA) into law, making Minnesota the latest state to enact comprehensive privacy legislation. The MCDPA provides Minnesota residents with significant new privacy rights and imposes substantial obligations on businesses to which it applies. Businesses subject to the MCDPA have until July 1, 2025, to come into compliance.

Anyone who has been paying attention knows about fintech partnerships in banking. The mold-breaking ideas of bright-eyed technology entrepreneurs have provided community banks with innovative ways to reach customers, make loans, gather deposits, provide payments solutions and expand their markets. Recently regulators have issued new guidance related to both the safety and soundness and compliance implications of such relationships.

The Consumer Financial Protection Bureau’s new final rule related to credit card late fees has certainly generated a good amount of controversy since being released by the CFPB on March 5, 2024. A lawsuit to set aside the final rule was filed a mere two days after the final rule was released, and many articles, blog posts, and other commentary have been written.

As a lender, you have invested significant time and resources in building relationships with potential borrowers, presenting your financial solutions, and negotiating the basic terms of a loan through a nonbinding term sheet. However, without a well-drafted loan agreement, a seemingly promising deal can quickly turn into a financial nightmare. This article explains the critical sections of a typical loan agreement.

Rule 702 was recently amended on December 1, 2023, to clarify the standard for how judges must deal with challenges to expert testimony. The amended rule will very likely have a significant impact on the admissibility of expert testimony in patent cases.

A number of changes to Minnesota employment laws were proposed and considered in the most recent legislative session. This article is a summary of the laws that have been changed to date. Additional changes are forthcoming, and we will continue to update you as the laws are passed.

In the final hours of the 2024 Legislative Session, the Minnesota Legislature passed the Agriculture and Energy Omnibus Bill, which contained some of the most significant energy permitting policy reform of the last 50 years. Governor Tim Walz is expected to sign the Legislation in the coming days.

Governor Kim Reynolds recently signed three new laws affecting the real estate and leasing industries: HF 2326, SF 2291 and SF 2268. A summary of each law is contained herein, but readers should review each bill in its entirety.

Higher immigration fees took effect on April 1,2024, following a U.S. district court judge’s refusal to block a U.S. Citizenship and Immigration Services fee rule.

U.S. Citizenship and Immigration Services announced a temporary final rule to increase the automatic extension period for certain employment authorization document holders from 180 days to 540 days.

U.S. Citizenship and Immigration Services has issued new guidance on the validity of Form I-693, Report of Immigration Medical Examination and Vaccination Record.

The U.S. Citizenship and Immigration Services has announced new audit measures under the EB-5 Reform and Integrity Act of 2022, affecting all designated regional centers. Under the 2022 law, USCIS must conduct audits at least once every five years for each regional center.

U.S. Citizenship and Immigration Services has issued a significant update for Palestinians in the United States, as detailed in a recent Federal Register notice.

U.S. Citizenship and Immigration Services announced on April 18, 2024, that it has received enough petitions to reach the cap for the additional 19,000 H-2B visas made available for returning workers for the early second half of fiscal year 2024 with start dates from April 1 to May 14, 2024, under the H-2B supplemental cap temporary final rule.

U.S. Citizenship and Immigration Services has updated its fee schedule for Form I-129, Petition for a Nonimmigrant Worker—H-1B and H-1B1 Petitions, to reflect the additional required fees for online filings.

The Department of Homeland Security’s U.S. Immigration and Customs Enforcement agency issued notices providing work authorization for certain Ethiopian and Palestinian students in lawful F-1 nonimmigrant status.

Effective June 28, 2024, the Department of Labor is amending its regulations governing certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural work and enforcement of contractual obligations applicable to their employers.

U.S. Citizenship and Immigration Services announced on April 24, 2024, that it is refunding all of the I-765 employment authorization document fees collected from eligible Ukrainian parolees who entered as parolees after February 24, 2022.

The Department of Justice announced on April 17, 2024, that it secured a settlement agreement with Washington University, a private university headquartered in St. Louis, Missouri.

In a significant development for employers and individuals involved in the STEM fields, the U.S. Citizenship and Immigration Services has announced an update to the definition of “Schedule A, Group II” occupations, which is part of the agency’s efforts to align more closely with the Department of Labor definitions and streamline the permanent residency application process for high-achieving employees.

The original proposal to designate PFOA and PFOS as CERCLA hazardous substances raised a great deal of concern among public entities about the possible CERCLA liability they may face from providing public services that use, remove, treat, or dispose of these substances.

The duty to preserve evidence and the significant events that determine when the duty to preserve arises is often intertwined with privileged discussions and documents related to the planning and implementation of a litigation hold. And when there is a dispute about when the duty to preserve was triggered and there are allegations of spoliation, concerns regarding protecting privilege and not waiving privilege become critically important.

On April 23, 2024, the U.S. Department of Labor (DOL) released a final rule increasing the compensation employers must pay to certain categories of employees to be exempt from the overtime and minimum wage requirements of the Fair Labor Standards Act.

If you do not have time to read all 570 pages of the Federal Trade Commission’s (FTC) final rule and explanation banning non-competes (and who does other than an employment attorney?), here are the essentials.

We are now two years into complying with Item 402(v) of Regulation S-K, which was adopted by the Securities and Exchange Commission in August 2022 and required new “pay versus performance” disclosure beginning in 2023 proxy statements.

On April 19, 2024, the U.S. Environmental Protection Agency finalized a first-of-its-kind rule designating two PFAS chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), along with their salts and structural isomers, as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act.

On March 22, 2024, the Cyberspace Administration of China enacted the official Provisions on Promoting and Regulating Cross-border Data Flow, the second editions of the Guidelines for Application for the Security Assessment of Data Cross-Border Transfer, and the Guidelines for Filing of the Standard Contract for Personal Information Cross-Border Transfer to ease cross-border data transfers.

The U.S. Department of Education has released its long-awaited Title IX regulations addressing sexual discrimination and sexual harassment, which also include coverage of sexual orientation, gender identity and pregnancy.

In March 2024, the SEC adopted new climate disclosure rules requiring publicly traded companies to provide comprehensive information about their climate-related risks and impacts. These rules mandate narrative disclosures covering governance, risks, strategy, targets, goals, and—for larger filers—emissions and attestations.

The U.S. Environmental Protection Agency, on April 10, 2024, issued a final rule establishing National Primary Drinking Water Regulations for per- and polyfluoroalkyl chemicals. The new regulations establish the agency’s first drinking water standards addressing PFAS chemicals, a group of several thousand synthetic chemicals that persist in the environment and have adverse impacts upon human health and the environment.

The Department of State’s Visa Bulletin for April 2024 notes that little to no additional forward movement in final action dates for visa categories is expected in the coming months.

U.S. Citizenship and Immigration Services announced on March 12, 2024, that it has begun implementing a streamlined process to provide Employment Authorization Documents more efficiently to eligible refugees after they are admitted into the United States.

U.S. Citizenship and Immigration Services (USCIS) announced on March 21, 2024, that it has updated guidance in its USCIS Policy Manual, effective immediately.

The Department of Homeland Security is extending and redesignating Burma (Myanmar) for Temporary Protected Status.

The U.S. Army Corps of Engineers has proposed a new rule that would eliminate its current procedures for National Historic Preservation Act (NHPA) compliance and instead follow the Advisory Council on Historic Preservation’s NHPA regulations (36 C.F.R. part 800). The comment deadline on the proposed rule—April 9, 2024—is approaching.