# Erickson & Sederstrom | ES Law | Full-Service Law Firm Omaha NE > Established Omaha law firm providing exceptional legal services in corporate law, litigation, insurance defense, estate planning, real estate, employment law, construction, tax, aviation, and intellectual property. Serving clients throughout Nebraska, Iowa, and the Midwest from offices in Omaha and Lincoln. > # Erickson & Sederstrom (ES Law) – Omaha Nebraska Law Firm Homepage https://eslaw.com/ Full-service law firm in Omaha NE serving Nebraska, Iowa, Kansas, Missouri, South Dakota, and the Midwest About the Firm https://eslaw.com/about/ Established Omaha law firm since 1967 | Offices in Omaha and Lincoln Attorneys https://eslaw.com/attorneys/ Experienced legal team in business, litigation, insurance defense, estate planning, and more Practice Areas https://eslaw.com/practice-areas/ Corporate law, litigation, insurance defense, estate planning, real estate, employment, construction, tax, aviation, intellectual property Insurance Law https://eslaw.com/practice-areas/insurance-law/ Insurance defense for trucking, construction defects, workers compensation, and municipal liability Estate Planning https://eslaw.com/practice-areas/estate-planning/ Wills, trusts, probate, tax planning, and guardianship in Nebraska Construction Law https://eslaw.com/practice-areas/construction-law/ Contracts, defects, disputes, and bond claims for contractors and owners Employment & Labor Law https://eslaw.com/practice-areas/employment-law/ Defense of discrimination, wage/hour, OSHA, and non-compete claims Real Estate Law https://eslaw.com/real-estate Commercial and residential transactions, leasing, zoning, and development Aviation Law https://eslaw.com/practice-areas/aviation-law/ Aviation litigation and regulatory compliance Intellectual Property https://eslaw.com/practice-areas/intellectual-property/ Trademark, copyright, and trade secret protection Tax Law https://eslaw.com/practice-areas/tax-law/ Tax planning, controversies, and compliance # Key Attorneys John Q. Bachman | Of Counsel Attorney Omaha NE https://eslaw.com/attorneys/john-q-bachman/ Sydney R. Bonnett | Associate Attorney Omaha NE https://eslaw.com/attorneys/sydney-r-bonnett/ Bonnie M. Boryca | Shareholder Attorney Omaha NE https://eslaw.com/attorneys/bonnie-m-boryca/ Joseph C. Byam II | Shareholder Attorney Omaha NE https://eslaw.com/attorneys/joseph-c-byam-ii/ Samuel E. Clark | Of Counsel Attorney Omaha NE https://eslaw.com/attorneys/samuel-e-clark/ Andrew M. Collins | Shareholder Attorney Omaha NE https://eslaw.com/attorneys/andrew-m-collins/ Thomas J. Culhane | Of Counsel Attorney Omaha NE https://eslaw.com/attorneys/thomas-j-culhane/ Daniel I. Dittman | Shareholder Attorney Omaha NE https://eslaw.com/attorneys/daniel-i-dittman/ William T. Foley | Shareholder Attorney Omaha NE https://eslaw.com/attorneys/william-bill-t-foley/ Shay L. Garvin | Shareholder Attorney Omaha NE https://eslaw.com/attorneys/shay-l-garvin/ Richard J. Gilloon | Shareholder Attorney Omaha NE https://eslaw.com/attorneys/richard-j-gilloon/ Eugene L. Hillman | Of Counsel Attorney Omaha NE https://eslaw.com/attorneys/eugene-l-hillman/ Andrew J. Huettner | Shareholder Attorney Omaha NE https://eslaw.com/attorneys/andrew-j-huettner/ Kaitlin McKenna | Associate Attorney Omaha NE https://eslaw.com/attorneys/kaitlin-mckenna/ Alana D. Mitchem | Associate Attorney Omaha NE https://eslaw.com/attorneys/alana-d-mitchem/ Jerald L. Rauterkus | Of Counsel Attorney Omaha NE https://eslaw.com/attorneys/jerald-l-rauterkus/ Matthew B. Reilly | Shareholder Attorney Omaha NE https://eslaw.com/attorneys/matthew-b-reilly/ Erin R. Robak | Of Counsel Attorney Omaha NE https://eslaw.com/attorneys/erin-r-robak/ Matthew V. Rusch | Shareholder Attorney Omaha NE https://eslaw.com/attorneys/matthew-v-rusch/ Blake S. Schneiderwind | Shareholder Attorney Omaha NE https://eslaw.com/attorneys/blake-s-schneiderwind/ Sarah K. Scholten | Associate Attorney Omaha NE https://eslaw.com/attorneys/sarah-k-scholten/ Mark M. Schorr | Of Counsel Attorney Omaha NE https://eslaw.com/attorneys/mark-m-schorr/ Kelsey Schwenker | Certified Paralegal Omaha NE https://eslaw.com/attorneys/kelsey-schwenker/ Charles V. Sederstrom, Jr. | Of Counsel Attorney Omaha NE https://eslaw.com/attorneys/charles-v-sederstrom-jr/ Tiernan Siems | Shareholder Attorney Omaha NE https://eslaw.com/attorneys/tiernan-siems/ Raymond Walden | Of Counsel Attorney Omaha NE https://eslaw.com/attorneys/raymond-walden/ News & Insights https://eslaw.com/news/ Recent case wins, presentations, and firm updates Contact https://eslaw.com/contact/ Omaha: 402-397-2200 | Lincoln: 402-476-1000 | Offices in Omaha and Lincoln NE ## Pages - [Nebraska City](https://eslaw.com/nebraska-city/): Full-Service Legal Representation in Nebraska City, Nebraska Serving Nebraska City with Experience, Responsiveness, and Integrity At ES Law, we are... - [Norfolk](https://eslaw.com/norfolk/): Full-Service Legal Representation in Norfolk, Nebraska Serving Norfolk with Experience, Responsiveness, and Integrity At ES Law, we are proud to... - [Council Bluffs](https://eslaw.com/council-bluffs/): Full-Service Legal Representation in Council Bluffs, Iowa Serving Council Bluffs with Experience, Responsiveness, and IntegrityAt ES Law, we are proud... - [Lincoln](https://eslaw.com/lincoln/): Full-Service Legal Representation in Lincoln, Nebraska Serving Lincoln with Experience, Responsiveness, and Integrity At ES Law, we are proud to... - [Omaha](https://eslaw.com/omaha/): Full-Service Legal Representation in Omaha, Nebraska Serving Omaha with Experience, Responsiveness, and IntegrityAt ES Law, we are proud to serve... - [Application Form](https://eslaw.com/application-form/): Application Form - [Privacy Policy](https://eslaw.com/privacy-policy/): Who we are Our website address is: https://eslaw. com/. 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Find an AttorneyWelcome To Erickson Sederstromhttps://eslaw. com/wp-content/uploads/2025/08/ESLaw_Website-06-e1755718718893. jpgES Law is a full service law... - [Fremont](https://eslaw.com/fremont/): Full-Service Legal Representation in Fremont, Nebraska Serving Fremont with Experience, Responsiveness, and Integrity At ES Law, we are proud to... - [About](https://eslaw.com/about/): Our Firm At Erickson Sederstrom, we are a dedicated team of legal professionals committed to providing exceptional service to our... - [Employment Newsletter](https://eslaw.com/employment-newsletter/): https://eslaw. com/wp-content/uploads/2025/08/BlackWhiteMinimalistRealEstateAgencyBussinessFacebookCover-e1756154123540-1500x777. webp Employment Newsletter Archive September 2024 DOL Overtime Rule and More In this edition, prepare for updates on... - [Our Team](https://eslaw.com/attorneys/): Our TeamLegal ProfessionalsNothing FoundPractice AreasNothing FoundFirm AdministrationNothing Found Where We Practice https://eslaw. com/wp-content/uploads/2025/08/ES-Law-Map-with-Markers-1500x926. pngOmaha Office Located in the heart of... - [Client Account Center](https://eslaw.com/client-account-center/): Client Account Centerhttps://eslaw. com/wp-content/uploads/2025/08/person-using-credit-card-online. webpWelcome Our dedicated client account service area provides an easy and secure way to pay online.... - [News](https://eslaw.com/news/): News Nothing Found - [Contact Us](https://eslaw.com/contact-us/): Contact UsDisclaimer: The information furnished on this website has been prepared by Erickson Sederstrom, PC, LLO (the Firm) for informational... ## Posts - [Wrongful Termination Explained: Employee Rights, Employer Risks, and What to Do Next](https://eslaw.com/news-blog/2026/8/29/wrongful-termination-explained-employee-rights-employer-risks-and-what-to-do-next/): Losing a job can feel unfair, abrupt, or even personal. But under employment law, an unfair termination and an unlawful... - [Nebraska Supreme Court Appeal win in a trucking case](https://eslaw.com/news-blog/2026/8/21/nebraska-supreme-court-appeal-win-in-a-trucking-case/): On August 21, 2026, the Nebraska Supreme Court released its opinion in Elisban Bazan v. Elite Fleet Hauling, LLC, 322... - [Congratulations to ES Law Attorneys](https://eslaw.com/news-blog/2026/8/21/12461/): We are proud to share that we have 12 attorneys receiving The Best Lawyers® awards and 2 receiving Best Lawyers:... - [If You Think Your Warranty Deed Covers Your Legal Fees - Think Again](https://eslaw.com/news-blog/2026/8/14/if-you-think-your-warranty-deed-covers-your-legal-fees-think-again/): If you buy property using a warranty deed, you likely assume the seller is on the hook for legal fees... - [Aircraft Leasing vs. Ownership: Legal Risks, Contracts, and Liability](https://eslaw.com/news-blog/2026/7/26/aircraft-leasing-vs-ownership-legal-risks-contracts-and-liability/): What matters most Operational control is the central legal issue. The party with authority to initiate, conduct, or terminate a... - [Nebraska Court of Appeals clarifies landowner liability where altercation between patrons was not foreseeable](https://eslaw.com/news-blog/2026/7/16/nebraska-court-of-appeals-clarifies-landowner-liability-where-altercation-between-patrons-was-not-foreseeable/): In Martinez v. Amerigreen, the Nebraska Court of Appeals addressed premises liability and whether a bar owner could be held... - [Beyond the Dotted Line: How Conduct can Rewrite a Written Contract](https://eslaw.com/news-blog/2026/6/25/beyond-the-dotted-line-how-conduct-can-rewrite-a-written-contract/): If you operate a business, you have likely heard this a thousand times: get it in writing. Most commercial and... - [The Limits of Lease Exclusivity](https://eslaw.com/news-blog/2026/6/19/the-limits-of-lease-exclusivity/): If you negotiate an exclusivity clause into your commercial lease, you likely assume your business is safe from neighboring competitors.... - [The Complete Beginner’s Guide to Estate Planning](https://eslaw.com/news-blog/2026/6/15/the-complete-beginners-guide-to-estate-planning/): Estate planning sounds complicated because people often associate it with wealthy families, complicated trusts, and tax strategies most households will... - [Trademark vs Copyright vs Patent: What’s the Difference and Which Does Your Business Need?](https://eslaw.com/news-blog/2026/5/27/trademark-vs-copyright-vs-patent-whats-the-difference-and-which-does-your-business-need/): The quick breakdown Trademarks protect brands. Names, logos, slogans, and identifiers that distinguish your business. Copyrights protect creative works. Content,... - [Can an Heir Sue on Behalf of an Estate or Trust?](https://eslaw.com/news-blog/2026/5/26/can-an-heir-sue-on-behalf-of-an-estate-or-trust/): Disputes over wills and trusts can become especially complicated when family members believe something went wrong. A recent Nebraska Supreme... - [Business Contracts Every Owner Should Know & What To Watch Out For](https://eslaw.com/news-blog/2026/4/22/business-contracts-every-owner-should-know-what-to-watch-out-for/): What matters most Clarity beats complexity. Vague terms create disputes and cost more to fix later. Authority matters. Contracts signed... - [ES Law Expands Omaha Estate Planning Services with Addition of Mary Vandenack, Ben Barrett, Olivia Steffensen, and Eliana Reiss](https://eslaw.com/news-blog/2026/4/17/es-law-expands-omaha-estate-planning-services-with-addition-of-mary-vandenack-ben-barrett-olivia-steffensen-and-eliana-reiss/): ES Law is proud to announce that the practice of Mary Vandenack and her team have joined the firm, significantly... - [ES Law Wins 2026 Best of B2B in Intellectual Property Law](https://eslaw.com/news-blog/2026/4/6/es-lawnev/): ES Law was recognized in 2026 as the Best of B2B winner in Intellectual Property Law, a distinction driven by... - [What Happens During an FAA Investigation and How to Respond](https://eslaw.com/news-blog/2026/3/29/what-happens-during-an-faa-investigation-and-how-to-respond/): What to know immediately Act early and carefully. Initial responses shape the case and missed deadlines can limit your options.... - [What Is a Construction Lien and How Does It Work?](https://eslaw.com/news-blog/2026/2/26/what-is-a-construction-lien-and-how-does-it-work/): When payment problems arise on a construction project, few legal tools are as powerful as a construction lien. Contractors, subcontractors,... - [Mandamus Action against the City by Homeowners’ Association Seeking Repairs and Road Maintenance – Upheld on Appeal](https://eslaw.com/news-blog/2026/2/26/mandamus-action-against-the-city-by-homeowners-association-seeking-repairs-and-road-maintenance-upheld-on-appeal/): On February 24, 2026, the Nebraska Court of Appeals issued its decision in Skyline Ranches Property Owners Association et al.... - [Nebraska Court of Appeals Highlights Importance of Precision in Corporate Agreements](https://eslaw.com/news-blog/2026/2/4/importance-of-precision-in-corporate-agreements/): The Nebraska Court of Appeals’ decision in Gross v. GIKK Investments offers a clear message to companies, investors, and business... - [Corporate Law Basics Every Business Owner Should Understand](https://eslaw.com/news-blog/2026/1/29/corporate-law-basics-every-business-owner-should-understand/): Entity maintenance matters. Formation is only step one. Ongoing governance and documentation preserve liability protection. Fiduciary duties are real legal... - [Piercing the Corporate or LLC Veil – When You Can and When You Can’t](https://eslaw.com/news-blog/2026/1/26/piercing-the-corporate-or-llc-veil-when-you-can-and-when-you-cant/): The recent Nebraska Supreme Court decision in Perkins v. RMR Building Group offers a reminder to business owners and creditors:... - [Nebraska Court of Appeals Affirms Enforcement of Foreign Judgment](https://eslaw.com/news-blog/2026/1/13/nebraska-court-of-appeals-affirms-enforcement-of-foreign-judgment-in-odk-capital-llc-v-the-paw-spa-resort-llc/): The Nebraska Court of Appeals recently reaffirmed the strength of Nebraska’s procedures for enforcing foreign judgments, holding that a Utah... - [ES Law Congratulates Two New Shareholders!](https://eslaw.com/news-blog/2026/1/8/es-law-congratulates-two-new-shareholders/): Congratulations to ES Law attorneys Erin Robak and Alana Mitchem for being voted shareholders as of January 1, 2026. Their... - [How to Choose the Best Legal Structure for Your Business](https://eslaw.com/news-blog/2025/12/23/how-to-choose-the-best-legal-structure-for-your-business/): Choosing a legal structure is one of the most important decisions a business owner makes. It affects personal liability, taxes,... - [ES Lawyers, Matt Reilly and Sarah Scholten, win defense verdict in Saunders County](https://eslaw.com/news-blog/2025/11/24/es-lawyers-matt-reilly-and-sarah-scholten-win-defense-verdict-in-saunders-county/): Matt Reilly and Sarah Scholten recently obtained a complete defense verdict in favor of a ES client, a family-owned development... - [Rusch Delivers Presentation Regarding Indemnity Law at RIMS 2025 Conference](https://eslaw.com/news-blog/2025/10/21/rusch-delivers-presentation-regarding-indemnity-law-at-rims-2025-conference/): On September 17, 2025, Erickson Sederstrom partner Matt Rusch, along with Canadian attorneys Nabeel Peermohamed of the Brownlee law firm... - [OPD Officer’s Retaliation Claim Survives Motion for Summary Judgment](https://eslaw.com/news-blog/2025/9/3/opd-officers-retaliation-claim-survives-motion-for-summary-judgment/): Summary of Merithew v. City of Omaha, 319 Neb. 551 (2025). During George Merithew’s more than 25-year career with the... - [Congratulations to ES Law Attorneys](https://eslaw.com/news-blog/2025/9/3/congratulations-to-es-law-attorneys/): We have 10 attorneys receiving The Best Lawyers in America® awards and 2 receiving Best Lawyers: Ones to Watch® in... - [New Nebraska Paid Sick Leave Law Takes Effect on October 1, 2025](https://eslaw.com/news-blog/2025/9/3/new-nebraska-paid-sick-leave-law-takes-effect-on-october-1-2025/): Nebraska voters passed Initiative 436 in November 2024 in the General Election mandating that Nebraska adopt paid sick leave. As... - [Nebraska Court of Appeals analyzes a Nebraska non-compete clause](https://eslaw.com/news-blog/2025/7/22/2025-7-22-nebraska-court-of-appeals-analyzes-a-nebraska-non-compete-clause/): It is common practice for companies to enter into non-compete agreements while working with one another or when it comes... - [Water Exclusion in Property Insurance Results in No Coverage at Commercial Property](https://eslaw.com/news-blog/2025/6/2/2025-6-2-interpretation-of-a-water-exclusion-in-property-insurance-results-in-no-coverage-at-commercial-property/): Shortly after an underground water line that serviced Plaza Park ruptured in November of 2019 causing flooding in the basement,... - [Nebraska Supreme Court clarifies employment at-will and exceptions for violations of public policy](https://eslaw.com/news-blog/2025/5/20/2025-5-20-nebraska-supreme-court-clarifies-employment-at-will-and-exceptions-for-violations-of-public-policy/): Nebraska, like many jurisdictions, provides employees with a common law protection against employment termination in violation of certain public policies.... - [Corporate Transparency Act and Beneficial Ownership Information Report on Hold Again](https://eslaw.com/news-blog/2025/1/13/corporate-transparency-act-and-beneficial-ownership-information-report-on-hold-again/): On December 26, 2024, a panel of the Fifth Circuit Court of Appeals vacated an order issued by a separate... - [Federal Court Issues Preliminary Injunction Regarding Enforcement of Corporate Transparency Act](https://eslaw.com/news-blog/2024/12/9/federal-court-issues-preliminary-injunction-regarding-enforcement-of-corporate-transparency-act/): On December 3, 2024, the US District Court for the Eastern District of Texas, in Texas Top Cop Shop, Inc.... - [Blockchain Contracts – A Binary Revolution of Agreements](https://eslaw.com/news-blog/2024/9/18/blockchain-contracts-a-binary-revolution-of-agreements/): Cryptocurrency has been a mainstream topic in the media for numerous years now. Its goal to digitize and make transactions... - [FTC Non-Compete Rule Invalidated: What Employers Should Know](https://eslaw.com/news-blog/2024/9/12/update-ftc-rule-on-non-competes-what-employers-need-to-know/): As previously reported by Erickson Sederstrom, earlier this year, the Federal Trade Commission (FTC) issued a landmark rule intended to... - [What Happens to Your Student Loans When You Die?](https://eslaw.com/news-blog/2024/9/10/what-happens-to-your-student-loans-when-you-die/): One question that often arises during discussions about financial planning and estate management is what happens to student loans when... - [Updates to Department of Labor Exempt Salary Status Threshold under the Fair Labor Standards Act](https://eslaw.com/news-blog/2024/9/6/updates-to-department-of-labor-exempt-salary-status-threshold-under-the-fair-labor-standards-act/): Pursuant to a final rule issued by the United States Department of Labor (“DOL”) on April 26, 2024, specific changes... - [UPDATE: Nebraska Paid Sick Leave Initiative makes the November Ballot- Now What?](https://eslaw.com/news-blog/2024/9/6/update-nebraska-paid-sick-leave-initiative-makes-the-november-ballot-now-what/): The petition requiring Nebraska employers to offer paid sick leave to their employees will officially appear on the November ballot.... - [Significant Changes in the Department of Labor's Overtime Rule and Their Impact on Exemptions to the Fair Labor Standards Act Overtime Exemptions](https://eslaw.com/news-blog/2024/9/6/significant-changes-in-the-department-of-labors-overtime-rule-and-their-impact-on-exemptions-to-the-fair-labor-standards-act-overtime-exemptions/): On July 1, 2024, the United States Department of Labor’s final rule, Defining and delimiting the Exemptions for Executive, Administrative,... - [Navigating Remote Work Compliance: Key Employment Laws for Companies with Multistate Employees](https://eslaw.com/news-blog/2024/9/6/navigating-remote-work-compliance-key-employment-laws-for-companies-with-multistate-employees/): As remote work reshapes the modern workplace, companies employing remote workers across multiple states face unique compliance challenges. However, by... - [Nebraska Supreme Court Affirms Summary Judgment in Bathtub Slip-and-Fall Case](https://eslaw.com/news-blog/2024/8/27/nebraska-supreme-court-affirms-summary-judgment-in-bathtub-slip-and-fall-case/): Since 2016, McCook Hotel Group has operated a hotel in McCook, Nebraska. Ron Strahan stayed in this hotel in January... - [Employer Alert – Court Sets Aside FTC’s Non-Compete Rule; Rule Will Not Take Effect](https://eslaw.com/news-blog/2024/8/21/employer-alert-court-sets-aside-ftcs-non-compete-rule-rule-will-not-take-effect/): As ES Law previously reported, the Federal Trade Commission issued a rule that would have taken effect on September 4,... - [Nebraska Supreme Court Enforces Strict Statutory Deadlines in Perkins County v. Mid America Agri Products](https://eslaw.com/news-blog/2024/8/20/nebraska-supreme-court-enforces-strict-statutory-deadlines-in-perkins-county-v-mid-america-agri-products/): In the recent decision, Perkins County Board of Equalization v. Mid America Agri Products/Wheatland Industries, LLC, The Nebraska Supreme Court... - [Erickson Sederstrom Attorneys Make 2025 Best Lawyers in America List](https://eslaw.com/news-blog/2024/8/15/erickson-sederstrom-attorneys-make-2025-best-lawyers-in-america-list/): Erickson Sederstrom is pleased to announce the following lawyers’ inclusion in the 2025 edition of The Best Lawyers in America®.... - [Erickson Sederstrom Attorneys Make 2025 edition of Best Lawyers: Ones to Watch® in America](https://eslaw.com/news-blog/2024/8/15/erickson-sederstrom-attorneys-make-2025-edition-of-best-lawyers-ones-to-watch-in-america/): Erickson Sederstrom is excited to announce that two of our lawyers have been recognized in the 2025 edition of Best... - [Nebraska Supreme Court Deems “Ministerial Exception” Applies to Priest's Defamation and Employment Claims](https://eslaw.com/news-blog/2024/8/12/ministerial-exception-applies-to-priests-defamation-and-employment-claims/): On August 6, 2024, the Nebraska Supreme Court relied on the Ministerial Exception to decide a case between a priest... - [Erickson Sederstrom Welcomes Stephanie Heinke as Firm Administrator](https://eslaw.com/news-blog/2024/8/8/erickson-sederstrom-welcomes-stephanie-heinke-as-firm-administrator/): We welcome Stephanie Heinke to the Erickson Sederstrom law firm team. Stephanie is a dedicated and motivated legal professional with... - [Nebraska’s New Standard for Special Litigation Committee Investigations](https://eslaw.com/news-blog/2024/8/7/nebraskas-new-standard-for-special-litigation-committee-investigations/): On July 12, 2024, the Nebraska Supreme Court clarified the standard for special litigation committee investigations in derivative actions involving... - [Court of Appeals Partially Vacates Arbitration Award in Complex Construction Payment Dispute](https://eslaw.com/news-blog/2024/8/6/court-of-appeals-partially-vacates-arbitration-award-in-complex-construction-payment-dispute/): The Nebraska Court of Appeals recently considered whether to sever and vacate part of an arbitration award in a dispute... - [Attorney Matt Quandt Named to the 2024 Great Plains Super Lawyers List](https://eslaw.com/news-blog/2024/7/30/attorney-matt-quandt-named-to-the-2024-great-plains-super-lawyers-list/): Erickson Sederstrom Law Firm is proud to announce that partner Matt Quandt was selected to the 2024 Great Plains Super... - [Mental Health and Well-Being in the Legal Profession](https://eslaw.com/news-blog/2024/7/29/mental-health-and-well-being-in-the-legal-profession/): Becoming an attorney offers significant career flexibility and provides numerous opportunities and choices regarding the type of law you practice... - [Navigating Copyright in the Age of AI](https://eslaw.com/news-blog/2024/7/19/navigating-copyright-in-the-age-of-ai/): In 2023, the Copyright Office launched an initiative to explore the copyright issues created by AI-generated content, including whether AI-generated... - [Trucking Trial Success](https://eslaw.com/news-blog/2024/7/15/trucking-trial-success/): Elisban Bazan v. Elite Fleet Hauling LLC & Eric Gonser Cass County, Nebraska Judge Michael Smith CI 22-31 Last week,... - [Nebraska Supreme Court Dismisses Judicial Review Request Due to Lack of Jurisdiction](https://eslaw.com/news-blog/2024/7/12/nebraska-supreme-court-dismisses-perkins-county-boards-judicial-review-request-due-to-lack-of-jurisdiction/): In the recent decision, Perkins County Board of Equalization v. Mid America Agri Products/Wheatland Industries, LLC, The Nebraska Supreme Court... - [D & M Roofing & Siding v. Distribution, Inc.](https://eslaw.com/news-blog/2024/7/10/d-amp-m-roofing-amp-siding-v-distribution-inc/): In the case of D&M Roofing & Siding v. Distribution, Inc. , the Nebraska Supreme Court considered a procedural question... - [Chevron Overruled: Implications for Federally Regulated Businesses](https://eslaw.com/news-blog/2024/7/3/chevron-overruled-implications-for-federally-regulated-businesses/): On June 28, 2024, the United States Supreme Court ruled that courts must “exercise their independent judgment” when interpreting federal... - [A Week in the Life of a Law Clerk at Erickson Sederstrom](https://eslaw.com/news-blog/2024/7/2/a-week-in-the-life-of-a-law-clerk-at-erickson-sederstrom/): Life as a law clerk at Erickson Sederstrom varies greatly from day to day. From dense contractual conflicts to arcane... - [Understanding Inheritance Tax Allocation in Trusts: Insights from the Nebraska Supreme Court](https://eslaw.com/news-blog/2024/6/10/ukh3j934m4wwu53wv1ec3eyl3qj405/): In the case of “In re Michael Hessler Living Trust,” the Nebraska Supreme Court interpreted directives concerning inheritance tax allocation... - [Employer Liability in the Age of Social Media](https://eslaw.com/news-blog/2024/6/3/employer-liability-in-the-age-of-social-media/): As of April 2023, there are an estimated 4. 8 billion social media users worldwide, representing 59. 9% of the... - [Navigating Diversity, Equity, and Inclusion Initiatives](https://eslaw.com/news-blog/2024/6/3/navigating-diversity-equity-and-inclusion-initiatives/): Strategies for fostering an inclusive workplace culture while ensuring compliance with relevant laws and regulations. The benefits of fostering a... - [FTC Issues Rule Banning Non-Competes Nationwide – Now Subject to Pending Challenge in Lawsuit](https://eslaw.com/news-blog/2024/6/3/federal-trade-commission-issues-rule-banning-non-competes/): On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule prohibiting specific non-competition clauses (the “Rule”), which... - [Understanding Workplace Harassment and Discrimination](https://eslaw.com/news-blog/2024/6/3/understanding-workplace-harassment-and-discrimination/): Harassment and discrimination of any kind have no place in the workplace. However, workplace harassment and discrimination are significant concerns... - [Navigating Legal Guardianship: The Case of Patrick W.](https://eslaw.com/news-blog/2024/5/20/navigating-legal-guardianship-the-case-of-patrick-w/): In the intricate landscape of legal guardianship, where the rights and well-being of individuals intersect with statutory interpretation and evidentiary... - [Nebraska Supreme Court Ruling on COVID-19 Workers' Compensation Claim](https://eslaw.com/news-blog/2024/5/14/nebraska-supreme-court-ruling-on-covid-19-workers-compensation-claim/): In the recent decision, Thiele v. Select Medical Corp. , the Nebraska Supreme Court overturned the denial of a woman’s workers’... - [Compliance Update for Employers and Employees – Non-Competes under the Federal Trade Commission](https://eslaw.com/news-blog/2024/4/24/compliance-update-for-employers-and-employees-non-competes-under-the-federal-trade-commission/): Yesterday, the FTC issued a significant rule regarding non-compete agreements. This is a nationally applicable rule. In a nutshell, the FTC’s rule... - [What Makes an Independent Contractor?](https://eslaw.com/news-blog/2024/3/5/what-makes-an-independent-contractor/): The United States Department of Labor (the “Department”) has published a final rule regarding the analysis of who constitutes an... - [WHAT IS A “REASONABLE” ACCOMMODATION UNDER THE ADA?](https://eslaw.com/news-blog/2024/3/5/what-is-a-reasonable-accomodation-under-the-ada/): Employers who employ more than 15 individuals are legally obligated to provide reasonable accommodations for an employee with a qualifying... - [THE GROWING USE OF AI: The Benefits and Risks Employers Should Consider.](https://eslaw.com/news-blog/2024/3/5/the-growing-use-of-ai-the-benefits-and-risks-employers-should-consider/): Advancements in technology, specifically advancement in computer systems and their capabilities, have been key in driving and improving productivity in... - [Nebraska Legislature: Updates For Employers](https://eslaw.com/news-blog/2024/3/5/nebraska-legislature-updates-for-employers/): Earlier this year, three bills were introduced to the Nebraska Legislature, which may have lasting effects on employers. Bill 961-... - [A Transformative Journey: My Full-Time Government Externship in Washington D.C.](https://eslaw.com/news-blog/2024/2/29/a-transformative-journey-my-full-time-government-externship-in-washington-dc/): Embarking on a full-time government externship with Representative Don Bacon’s office in the heart of Washington, D. C. , has... - [Matt Rusch Triumphs - Griffith v. LG Chem et al: Summary Judgment Affirmed on Appeal](https://eslaw.com/news-blog/2024/2/19/matt-rusch-triumphs-griffith-v-lg-chem-et-al-summary-judgment-affirmed-on-appeal/): Congratulations to partner Matt Rusch regarding a recent Nebraska Supreme Court victory, Griffith v. LG Chem et al. The Court... - ["Corporate Transparency Act: What Companies Need to Know and How to Comply"](https://eslaw.com/news-blog/2024/2/16/corporate-transparency-act-what-companies-need-to-know-and-how-to-comply/): Effective January 1, 2024, the Corporate Transparency Act and its corresponding regulations (the “CTA”) requires certain entities created or registered... - [Meet Our Newest Attorney Callie G. Williams!](https://eslaw.com/news-blog/2024/1/30/meet-our-newest-attorney-callie-g-williams/): Omaha Estate Attorney Callie G. Williams We are delighted to introduce Callie Williams, the latest addition to our estate team.... - [Matt Quandt appointed to the NDCA Board of Directors](https://eslaw.com/news-blog/2024/1/29/matt-quandt-appointed-to-the-ndca-board-of-directors/): Matthew D. Quandt We’re delighted to announce that partner Matt Quandt was appointed to the NDCA Board of Directors! The... - [A Day in the Life at ES Law- The Work of a Law Clerk](https://eslaw.com/news-blog/2024/1/17/a-day-in-the-life-at-es-law-the-work-of-a-law-clerk/): Summer Law Clerk, Emily Todd, shares her experience clerking with Omaha law firm, Erickson Sederstrom - [Safeguarding Your Estate: Addressing Undue Influence](https://eslaw.com/news-blog/2023/12/20/safeguarding-your-estate-addressing-undue-influence/): In a recent estate case, the Nebraska Supreme Court applied a hearsay exception to allow the decedent’s prior will as... - [Veik Scores Nebraska Supreme Court Victory!](https://eslaw.com/news-blog/2023/12/15/veik-scores-nebraska-supreme-court-victory/): Partner Heather Veik successfully defended an employer before the Nebraska Supreme Court against tort claims pursued by an employee following... - [Risk Management for Performance Evaluations](https://eslaw.com/news-blog/2023/11/29/risk-management-for-performance-evaluations/): As the end of the year approaches, many companies are preparing for their annual performance evaluations. Many employers find these... - [Department of Labor Proposed Changes to Exempt Salary Status Threshold](https://eslaw.com/news-blog/2023/11/29/department-of-labor-proposed-changes-to-exempt-salary-status-threshold/): On August 30, 2023, the United States Department of Labor (the “DOL”) announced a notice of proposed rulemaking to increase... - [New EEOC Proposed Guidance On Workplace Harassment](https://eslaw.com/news-blog/2023/11/29/new-eeoc-proposed-guidance-on-workplace-harassment/): New EEOC Proposed Guidance outlines fundamental elements of harassment in the workplace and provides clarification via hypothetical scenarios. It also... - [Risk Avoidance and Risk Reduction for Employee Claims](https://eslaw.com/news-blog/2023/11/29/risk-avoidance-and-risk-reduction-for-employee-claims/): Managing risks is a crucial aspect of running any successful business. Although it’s impossible to eliminate all risks, creating a... - [Defending Against a Lawsuit: Legal Strategies and Tips](https://eslaw.com/news-blog/2023/11/27/defending-against-a-lawsuit-legal-strategies-and-tips/): Litigation can be a complex and challenging process, requiring careful navigation of legal intricacies and a strategic approach to protect... - [A Day in the Life at ES Law- The Work of a Paralegal](https://eslaw.com/news-blog/2023/11/21/a-day-in-the-life-at-es-law-the-work-of-a-paralegal/): I have been a litigation paralegal at Erickson Sederstrom for a year and a half. After my first career as... - [Court Awards $1.6 Million in Landmark California Case Protecting NFT Creators from Counterfeit Sellers](https://eslaw.com/news-blog/2023/11/16/court-awards-16-million-in-landmark-california-case-protecting-nft-creators-from-counterfeit-sellers/): On October 25, 2023, the United States District Court for the Central District of California awarded NFT creator Yuga Labs,... - [EPA’s New Plastics Rule Imposes Recordkeeping and Reporting Requirements for Ubiquitous Toxic Chemicals](https://eslaw.com/news-blog/2023/11/7/epas-new-plastics-rule-imposes-recordkeeping-and-reporting-requirements-for-ubiquitous-toxic-chemicals/): On September 28, 2023, the Environmental Protection Agency (“EPA”) released its final Toxic Substances Control Act (“TSCA”) rule containing new... - [ES Law Welcomes John Bachman!](https://eslaw.com/news-blog/2023/10/19/es-law-welcomes-john-bachman/): ES Law proudly welcomes John Bachman, an esteemed and highly experienced attorney, to its distinguished team. John brings a wealth... - [Nebraska Supreme Court's Ruling on Insurance Policy Limitation Periods: Key Takeaways.](https://eslaw.com/news-blog/2023/10/12/nebraska-supreme-courts-ruling-on-insurance-policy-limitation-periods-key-takeaways/): On October 6, 2023, the Nebraska Supreme Court issued an opinion further supporting freedom to contract and held that a... - [Nebraska Paid Sick Leave Initiative: What Employers Need to Know](https://eslaw.com/news-blog/2023/10/6/nebraska-paid-sick-leave-initiative-what-employers-need-to-know/): As the 2024 elections approach, several ballot initiatives are gaining momentum in Nebraska, with one particular initiative standing out –... - [Tips & Tricks to Keep your Leaders Informed of the Changes in Employment Law](https://eslaw.com/news-blog/2023/9/25/tips-amp-tricks-to-keep-your-leaders-informed-of-the-changes-in-employment-law/): Keeping your leaders informed about changes in employment law is crucial to ensure your organization remains compliant and minimizes legal... - [Piercing the Corporate Veil - Can you collect from the individuals that own the company that owes you money?](https://eslaw.com/news-blog/2023/9/5/can-you-collect-from-the-individuals-that-own-the-company-that-owes-you-money-can-one-pierce-the-corporate-veil/): If you obtain a judgment against a company, you can collect that judgment from the company’s owners under certain circumstances.... - [You Are Responsible For Deciding What Your Home’s “Replacement Cost” is in Nebraska.](https://eslaw.com/news-blog/2023/9/1/you-are-responsible-for-deciding-what-your-homes-replacement-cost-is-in-nebraska/): Mark and Michelle Callahan sued their insurance company (Shelter Mutual Insurance Company) and insurance producer (Mr. Brant) after their home... - [Are Employers Required to Accommodate Religious Practices of Employees?](https://eslaw.com/news-blog/2023/8/30/are-employers-required-to-accommodate-religious-practices-of-employees/): In a pivotal moment for religious liberty, the Supreme Court of the United States ruled unanimously on June 29, 2023... - [Designer Refuses to Design Website for Same Sex Couple](https://eslaw.com/news-blog/2023/8/30/designer-refuses-to-design-website-for-same-sex-couple/): The Supreme Court published its opinion in 303 Creative, LLC, v. Elenis. Neil Gorsuch authored the decision on behalf of... - [Students for Fair Admissions, Inc. v. President and Fellows of Harvard College](https://eslaw.com/news-blog/2023/8/25/students-for-fair-admissions-inc-v-president-and-fellows-of-harvard-college/): On June 29, 2023, the Supreme Court of the United State issued an opinion holding that the admissions programs at... - [8 ES Lawyers Recognized as Best Lawyers® Award Recipients](https://eslaw.com/news-blog/2023/8/17/8-es-lawyers-recognized-as-best-lawyers-award-recipients/): ES Law is pleased to announce that 8 lawyers have been included in the 2024 edition of The Best Lawyers in America®.... - [2 ES Lawyers recognized as Best Lawyers: Ones to Watch in America™ 2024](https://eslaw.com/news-blog/2023/8/17/2-es-lawyers-recognized-as-best-lawyers-ones-to-watch-in-america-2024/): ES Law is proud to announce Matt Quandt and Matt Reilly were recognized by Best Lawyers® again. They were both... - [Authorities Seize THC Products from Several Nebraska Dispensaries](https://eslaw.com/news-blog/2023/8/16/authorities-seize-thc-products-from-several-nebraska-dispensaries/): We have written several previous articles focusing on the legality of the sale in Nebraska of products containing Delta-8 tetrahydrocannabinol... - [Estate Planning and Bitcoin: What you need to know](https://eslaw.com/news-blog/2023/8/14/estate-planning-and-bitcoin-what-you-need-to-know/): If you follow financial news, have seen a commercial where everyone from Tom Brady to Kim Kardashian has been marketing... - [Legally Entitled to Recover? The case of Geerdes v. West Bend Mutual Insurance Company](https://eslaw.com/news-blog/2023/8/4/geerdes-v-west-bend-mutual-insurance-company/): The case Geerdes v. West Bend Mutual Insurance Company was decided by the United States Court of Appeals for the... - [Declaration of Dissolution for Nebraska Limited Liability Companies and Nonprofit Corporations](https://eslaw.com/news-blog/2023/7/25/declaration-of-dissolution-for-nebraska-limited-liability-companies-and-nonprofit-corporations/): In odd-numbered years, Nebraska limited liability companies and nonprofit corporations are required to file Biennial Reports with the Nebraska Secretary... - [Rusch Retires from the Army Reserve](https://eslaw.com/news-blog/2023/7/21/rusch-retires-from-the-army-reserve/): Erickson Sederstrom partner Matt Rusch retired on June 30, 2023, from the U. S. Army Reserve after serving for 27... ## Bios - [Eliana Reiss](https://eslaw.com/bio/eliana-reiss/): Eliana Reiss earned her Juris Doctor from Creighton University School of Law in 2025. During law school, she received the... - [Olivia L. Steffensen](https://eslaw.com/bio/olivia-l-steffensen/): Olivia focuses her practice on estate planning, tax law, and general corporate matters. She partners with clients to design and... - [Benjamin P. Barrett](https://eslaw.com/bio/benjamin-p-barrett/): Benjamin P. Barrett is a dedicated estate planning and corporate attorney who provides comprehensive legal counsel to individuals, families, and... - [Charles B. Garman](https://eslaw.com/bio/charles-b-garman/): Charles B. Garman is an attorney with 20 years of experience in a myriad of legal fields. His first love... - [Mary Vandenack](https://eslaw.com/bio/mary-vandenack/): Trusted Legal & Tax Strategist, Business Advisor & AI Evangelist Mary Vandenack is a trusted strategist, advisor, consultant to professionals,... - [William T. Foley](https://eslaw.com/bio/william-bill-t-foley/): Bill acts as General Counsel for and business advisor to a diverse group of businesses, from entrepreneurial start-ups to multi-generational... - [Tiernan Siems](https://eslaw.com/bio/tiernan-siems/): Licensed to practice before state and federal courts in Colorado, Nebraska and Iowa. Since 1997, Tiernan has represented clients throughout... - [Thomas J. Culhane](https://eslaw.com/bio/thomas-j-culhane/): Tom Culhane graduated summa cum laude from Creighton University School of Law and is a senior partner with ES Law’s... - [Tanya Lingle](https://eslaw.com/bio/tanya-lingle/) - [Stephanie A. Heinke](https://eslaw.com/bio/stephanie-a-heinke/) - [Shay L. Garvin](https://eslaw.com/bio/shay-l-garvin/): Shay represents clients in a variety of transactional areas, including mergers and acquisitions, business formation, securities offerings, debt and equity... - [Sarah K. Scholten](https://eslaw.com/bio/sarah-k-scholten/): Sarah Scholten is a member of Erickson Sederstrom’s litigation team specializing in General Liability Defense. With a background in insurance... - [Samuel E. Clark](https://eslaw.com/bio/samuel-e-clark/): Samuel Clark represents both for-profit and not-for-profit entities with respect to executive compensation arrangements including qualified and non-qualified deferred compensation... - [Richard J. Gilloon](https://eslaw.com/bio/richard-j-gilloon/): Born in Omaha and raised in Dubuque, Iowa, Rich’s cases involve injuries, wrongful death, construction defects, insurance disputes, and professional... - [Raymond Walden](https://eslaw.com/bio/raymond-walden/): Raymond Walden’s focus on research and briefing of appeals and dispositive motions has earned him a reputation that extends across... - [Matthew V. Rusch](https://eslaw.com/bio/matthew-v-rusch/): Matt Rusch is a litigator with more than 20 years of experience in a wide range of litigated federal and... - [Kelsey Schwenker](https://eslaw.com/bio/kelsey-schwenker/): Kelsey Schwenker is a Certified Paralegal serving the litigation team in matters of law including insurance, employment, construction, aviation, and... - [Jeffrey L. Clark](https://eslaw.com/bio/jeffrey-l-clark/) - [Erin R. Robak](https://eslaw.com/bio/erin-r-robak/): Erin Robak is a member of ES Law’s litigation group. With over 18 years of experience, Erin represents clients in... - [Matthew B. Reilly](https://eslaw.com/bio/matthew-b-reilly/): Matt graduated from Creighton University in 2006 with degrees in finance and economics. Matt then went on to attend the... - [Mark M. Schorr](https://eslaw.com/bio/mark-m-schorr/): Mark Schorr is a member of the Labor Relations Council of the Nebraska Chamber of Commerce & Industry, and is... - [Kaitlin McKenna](https://eslaw.com/bio/kaitlin-mckenna/): Kaitlin McKenna earned her J. D. and M. S. from Creighton University in 2024, following her B. A. from the... - [Joseph C. Byam II](https://eslaw.com/bio/joseph-c-byam-ii/): With a passion for guiding clients through the complexities of the legal landscape, Joe specializes in a comprehensive range of... - [John Q. Bachman](https://eslaw.com/bio/john-q-bachman/): John Bachman’s client base is diverse, encompassing developers, local governmental bodies, particularly Sanitary and Improvement Districts, business and property owners,... - [Jerald L. Rauterkus](https://eslaw.com/bio/jerald-l-rauterkus/): Jerry Rauterkus is a senior member of the ES Law litigation department. Jerry is a 1985 graduate of Creighton Law... - [Eugene L. Hillman](https://eslaw.com/bio/eugene-l-hillman/): Eugene Hillman’s practice involves civil litigation with extensive trial experience as both plaintiff and defendant in personal injury, property damage... - [Daniel I. Dittman](https://eslaw.com/bio/daniel-i-dittman/): Dan graduated cum laude from Creighton University School of Law in 2013. He is a member of Erickson Sederstrom’s Estate,... - [Charles V. Sederstrom, Jr.](https://eslaw.com/bio/charles-v-sederstrom-jr/): Charles Sederstrom, Jr. was born in Deadwood, South Dakota on December 18, 1941. He attended Black Hills State University in... - [Blake S. Schneiderwind](https://eslaw.com/bio/blake-s-schneiderwind/): Blake represents clients in all aspects of their businesses, from formation and start-up to mergers and acquisitions and in all... - [Andrew M. Collins](https://eslaw.com/bio/andrew-m-collins/): Andrew helps personal and business clients meet a variety of legal needs. Andrew provides proactive, goal-oriented legal services to accomplish... - [Andrew J. Huettner](https://eslaw.com/bio/andrew-j-huettner/): Andrew J. Huettner is a shareholder at Erickson Sederstrom. Andrew’s practice areas include estate and gift planning, probate and estate... - [Alana D. Mitchem](https://eslaw.com/bio/alana-d-mitchem/): Alana Mitchem is a member of ES Law’s litigation, employment, corporate, and workers’ compensation practice groups. Alana works closely with... - [Sydney R. Bonnett](https://eslaw.com/bio/sydney-r-bonnett/): Sydney Bonnett is a member of ES Law’s Litigation practice group. Sydney works closely with clients to resolve a wide... - [Bonnie M. Boryca](https://eslaw.com/bio/attorney-bio/): Bonnie Boryca is a member of Erickson Sederstrom’s labor & employment, litigation, and appellate practice groups. Her practice focuses on... ## Practice Areas - [Tax Law](https://eslaw.com/practice-areas/tax-law/): ES Law provides its business and personal clients with expert tax planning advice and representation. This includes issues related to... - [Real Estate Law](https://eslaw.com/practice-areas/real-estate-law/): ES Law’s real estate lawyers have an unsurpassed reputation for providing their clients high quality, expert legal services in the... - [Litigation](https://eslaw.com/practice-areas/litigation/): ES Law’s trial attorneys represent clients in civil lawsuits involving matters ranging from personal injury claims to complex commercial contract... - [Intellectual Property Law](https://eslaw.com/practice-areas/intellectual-property-law/): To help clients protect all of their legal rights and interests and maximize the value of all assets in a... - [Insurance Law](https://eslaw.com/practice-areas/insurance-law/): ES Law's attorneys defend businesses and individuals in the many areas of insured litigation, including trucking accidents, injury and death... - [Estate Planning](https://eslaw.com/practice-areas/estate-planning/): ES Law provides its business and individual clients with comprehensive estate planning services, including wills, trusts, non-probate transfers, intestate succession... - [Employment Law](https://eslaw.com/practice-areas/employment-law/): ES Law’s employment and labor relations lawyers are able to provide clients with representation in all areas of labor and... - [Corporate Law](https://eslaw.com/practice-areas/corporate-law/): ES Law assists its business clients in meeting all varieties of business-related legal needs. ES Law has a wealth of... - [Construction Law](https://eslaw.com/practice-areas/construction-law/): Our attorneys are recognized and respected throughout the construction industry and the legal community. Many of the attorneys at ES... - [Aviation Law](https://eslaw.com/practice-areas/aviation-law/): ES Law’s aviation attorneys assist clients in all areas of aviation representation including: FAA investigations, NTSB appeals, transactions involving aircraft,... ## FAQs - [What is litigation?](https://eslaw.com/faq-items/what-is-litigation/): Litigation is the legal process used to resolve disputes through the court system when parties are unable to reach a... - [How long does it take?](https://eslaw.com/faq-items/how-long-does-it-take/): There is no set timeline for a civil litigation case. Some cases may be resolved within a period of months,... - [How do I know if I should seek legal help for lawsuit?](https://eslaw.com/faq-items/how-do-i-know-if-i-should-seek-legal-help-for-lawsuit/): You should seek legal help as soon as you believe your rights or interests may be at risk. Attorneys can... - [What is a guardianship?](https://eslaw.com/faq-items/what-is-a-guardianship/): A guardianship is a legal arrangement in which the court appoints a guardian to make personal decisions for a protected... - [What is a conservatorship?](https://eslaw.com/faq-items/what-is-a-conservatorship/): A conservatorship is when the court appoints a conservator to make financial decisions for the protected person. The conservator typically... - [How do I know if someone I care for may need a guardianship or conservatorship?](https://eslaw.com/faq-items/how-do-i-know-if-someone-i-care-for-may-need-a-guardianship-or-conservatorship/): As part of its estate planning practice, Erickson Sederstrom prepares comprehensive durable financial powers of attorney, along with health care... - [Why should I have an estate plan?](https://eslaw.com/faq-items/why-should-i-have-an-estate-plan/): Every person has an estate, big or small, rich or poor. Whether a person has great wealth or just a... - [What is a trust?](https://eslaw.com/faq-items/what-is-a-trust/): A trust is an agreement between the creator of the trust (sometimes called a settlor or grantor), a trustee (a... - [What is a will?](https://eslaw.com/faq-items/what-is-a-will/): Wills are a written document designed to dispose of its creator’s property at death. A Will must appoint a Personal... # # Detailed Content ## Pages Full-Service Legal Representation in Nebraska City, NebraskaServing Nebraska City with Experience, Responsiveness, and IntegrityAt ES Law, we are proud to serve Nebraska City, Nebraska, with comprehensive legal services backed by decades of experience. Our attorneys include leaders who have argued before the Nebraska Supreme Court and the United States Supreme Court, as well as respected government officials and nationally recognized of counsel members. From individuals and families to businesses and organizations, we provide exceptional responsiveness, deep expertise, and practical solutions designed to meet the needs of Nebraska City’s community. Whether you need assistance with a business transaction, representation in complex litigation, or guidance for personal legal matters, ES Law is here to provide trusted counsel in Nebraska City and beyond. Get in Touch with Our Nebraska City Legal TeamIf you are in Nebraska City, Nebraska, and need experienced legal representation, ES Law is ready to help. Contact us today to schedule a consultation and discover how our team can serve your legal needs. Call us at 402-397-2200. Our Legal Services for Clients in Nebraska CityWe offer a full spectrum of legal services to meet the needs of Nebraska City’s residents and businesses, including: Aviation Law — FAA compliance, aircraft transactions, and related disputes. Construction Law — Representation for contractors, developers, and property owners. Corporate Law — Formation, governance, contracts, mergers, and acquisitions. Employment Law — Workplace policies, compliance, and dispute resolution. Estate Planning — Wills, trusts, probate, and succession planning. Insurance Law — Coverage disputes, claims defense, and advisory services.... Full-Service Legal Representation in Norfolk, NebraskaServing Norfolk with Experience, Responsiveness, and IntegrityAt ES Law, we are proud to serve Norfolk, Nebraska, with comprehensive legal services backed by decades of experience. Our attorneys include leaders who have argued before the Nebraska Supreme Court and the United States Supreme Court, as well as respected government officials and nationally recognized of counsel members. From individuals and families to small businesses and larger organizations, we deliver exceptional responsiveness, deep expertise, and practical solutions tailored to Norfolk’s community. Whether you need guidance on a business transaction, representation in complex litigation, or support for personal legal matters, ES Law is here to provide trusted counsel in Norfolk and beyond. Get in Touch with Our Norfolk Legal TeamIf you are in Norfolk, Nebraska, and need experienced legal representation, ES Law is ready to help. Contact us today to schedule a consultation and discover how our team can serve your legal needs. Call us at 402-397-2200. Our Legal Services for Norfolk ClientsWe offer a full spectrum of legal services to meet the needs of Norfolk’s residents and businesses, including: Aviation Law — FAA compliance, aircraft transactions, and related disputes. Construction Law — Representation for contractors, developers, and property owners. Corporate Law — Formation, governance, contracts, mergers, and acquisitions. Employment Law — Workplace policies, compliance, and dispute resolution. Estate Planning — Wills, trusts, probate, and succession planning. Insurance Law — Coverage disputes, claims defense, and advisory services. Intellectual Property Law — Protecting trademarks, copyrights, and trade secrets. Litigation —... Full-Service Legal Representation in Council Bluffs, IowaServing Council Bluffs with Experience, Responsiveness, and IntegrityAt ES Law, we are proud to serve Council Bluffs, Iowa, with comprehensive legal services backed by decades of experience. Our attorneys include leaders who have argued before the Nebraska Supreme Court and the United States Supreme Court, as well as respected government officials and nationally recognized of counsel members. From individuals and families to small businesses and larger organizations, we provide exceptional responsiveness, deep expertise, and practical solutions designed to meet the needs of the Council Bluffs community. Whether you need guidance on a business transaction, representation in complex litigation, or support for personal legal matters, ES Law is here to provide trusted counsel in Council Bluffs and beyond. Get in Touch with Our Council Bluffs Legal TeamIf you are in Council Bluffs, Iowa, and need experienced legal representation, ES Law is ready to help. Contact us today to schedule a consultation and discover how our team can serve your legal needs. Call us at 402-397-2200. Our Legal Services for Clients in Council Bluffs, IowaWe offer a full spectrum of legal services, including: Aviation Law — Guidance for aircraft transactions, FAA compliance, and related disputes. Construction Law — Representation for contractors, developers, and property owners. Corporate Law — Entity formation, governance, mergers, and acquisitions. Employment Law — Advising employers and employees on workplace rights and obligations. Estate Planning — Wills, trusts, probate, and succession planning. Insurance Law — Coverage disputes, claims defense, and risk assessment. Intellectual... Full-Service Legal Representation in Lincoln, NebraskaServing Lincoln with Experience, Responsiveness, and IntegrityAt ES Law, we are proud to serve Lincoln, Nebraska, with comprehensive legal services backed by decades of experience. Our attorneys include leaders who have argued before the Nebraska Supreme Court and the United States Supreme Court, as well as respected government officials and nationally recognized of counsel members. Whether you’re an individual, a family, a growing business, or a large corporation, we deliver exceptional responsiveness, deep expertise, and practical solutions tailored to Lincoln’s unique community. Whether you need guidance on a business transaction, representation in complex litigation, or support for personal legal matters, ES Law is here to provide trusted counsel in Lincoln and beyond. Get in Touch with Our Lincoln Legal TeamIf you are in Lincoln, Nebraska, and need experienced legal representation, ES Law is ready to help. Contact us today to schedule a consultation and discover how our team can serve your legal needs. Call us at 402-397-2200. Our Legal Services for Clients in LincolnWe offer a full spectrum of legal services to meet the needs of Lincoln’s residents and businesses, including: Aviation Law — FAA compliance, aircraft transactions, and related disputes. Construction Law — Representation for contractors, developers, and property owners. Corporate Law — Formation, governance, contracts, mergers, and acquisitions. Employment Law — Workplace policies, compliance, and dispute resolution. Estate Planning — Wills, trusts, probate, and succession planning. Insurance Law — Coverage disputes, claims defense, and advisory services. Intellectual Property Law — Protecting trademarks, copyrights,... Full-Service Legal Representation in Omaha, NebraskaServing Omaha with Experience, Responsiveness, and IntegrityAt ES Law, we are proud to serve Omaha, Nebraska, with comprehensive legal services backed by decades of experience. Our attorneys include leaders who have argued before the Nebraska Supreme Court and the United States Supreme Court, as well as respected government officials and nationally recognized of counsel members. From individuals to small businesses to large corporations, we deliver exceptional responsiveness, deep expertise, and practical solutions tailored to Omaha’s diverse community. Whether you need guidance on a business transaction, representation in complex litigation, or support for personal legal matters, ES Law is here to provide trusted counsel in Omaha and beyond. Get in Touch with Our Omaha Legal TeamIf you are in Omaha, Nebraska, and need experienced legal representation, ES Law is ready to help. Contact us today to schedule a consultation and discover how our team can serve your legal needs. Call us at 402-397-2200. Our Legal Services for Clients in OmahaWe offer a full spectrum of legal services, including: Aviation Law — Guidance for aircraft transactions, FAA compliance, and related disputes. Construction Law — Representation for contractors, developers, and property owners. Corporate Law — Entity formation, governance, mergers, and acquisitions. Employment Law — Advising employers and employees on workplace rights and obligations. Estate Planning — Wills, trusts, probate, and succession planning. Insurance Law — Coverage disputes, claims defense, and risk assessment. Intellectual Property Law — Trademark, copyright, and trade secret protection. Litigation — Civil, commercial, and appellate... Application Form Who we are Our website address is: https://eslaw. com/. 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These cookies will last for one year. If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a... Excellence over time. Solutions for today. Find an AttorneyWelcome To Erickson SederstromES Law is a full service law firm. Our attorneys offer a wealth of legal experience to our clients throughout the Midwest, including in Nebraska, Iowa, Kansas, Missouri, and South Dakota, and throughout the country. Our experienced attorneys look forward to meeting your legal needs while providing an exceptional level of responsiveness, expertise, and overall service for you or your business. Our FirmOur Practice AreasAviation Law Construction Law Corporate Law Employment Law Estate Planning Insurance Law Intellectual Property Law Litigation Real Estate Law Tax Law Where We PracticeThe Latest Legal and Firm NewsWhat Happens During an FAA Investigation and How to RespondWhat to know immediately Act early and carefully. Initial responses shape the case and missed deadlines can limit your options. Preserve everything. Flight logs, maintenance records, communications, and data are Continue Reading What Is a Construction Lien and How Does It Work? When payment problems arise on a construction project, few legal tools are as powerful as a construction lien. Contractors, subcontractors, suppliers, and design professionals rely on lien rights to secure Continue Reading Mandamus Action against the City by Homeowners’ Association Seeking Repairs and Road Maintenance – Upheld on AppealOn February 24, 2026, the Nebraska Court of Appeals issued its decision in Skyline Ranches Property Owners Association et al. v. City of Omaha, Case No. A‑25‑247, affirming the district Continue Reading All postsCommon Questions What types of cases do you handle at Erickson & Sederstrom in Omaha?... Full-Service Legal Representation in Fremont, NebraskaServing Fremont with Experience, Responsiveness, and IntegrityAt ES Law, we are proud to serve the Fremont, Nebraska community with comprehensive legal services backed by decades of experience. Our team of attorneys includes leaders who have argued before both the Nebraska Supreme Court and the United States Supreme Court, as well as former government officials and a former Nebraska Supreme Court Justice. From individuals to businesses, we deliver exceptional responsiveness, strategic counsel, and practical solutions tailored to your needs. Whether you’re seeking representation for a business transaction, personal legal matter, or complex litigation, ES Law is committed to providing Fremont clients with the highest standard of service across a wide range of practice areas. Get in Touch with Our Fremont Legal TeamIf you are in Fremont, Nebraska, and need experienced legal representation, ES Law is ready to help. Contact us today to schedule a consultation and learn how our team can protect your interests and achieve your objectives. Call us at 402-397-2200. Our Legal Services for Fremont ClientsWe offer a full spectrum of legal services, including: Aviation Law — Guidance for aircraft transactions, FAA compliance, and related disputes. Construction Law — Representation for contractors, developers, and property owners. Corporate Law — Entity formation, governance, mergers, and acquisitions. Employment Law — Advising employers and employees on workplace rights and obligations. Estate Planning — Wills, trusts, probate, and succession planning. Insurance Law — Coverage disputes, claims defense, and risk assessment. Intellectual Property Law — Trademark, copyright, and trade... Our FirmAt Erickson Sederstrom, we are a dedicated team of legal professionals committed to providing exceptional service to our clients in Omaha and beyond. With a legacy built on integrity and excellence, we understand the unique challenges faced by individuals and businesses in today’s complex legal landscape. We pride ourselves on being a trusted partner, fostering lasting relationships through personalized attention and strategic guidance. Why Choose Us? Local Expertise, Personal Connection We live and work in the same neighborhoods as you, so we understand the unique challenges and opportunities our community faces. You will not just get legal advice—you will get personalized support from a team who understands your needs. Problem Solvers Who Listen Every case is different, and we start by listening. Your story matters, and we work hand-in-hand with you to find solutions that meet your individual needs. With us, you will feel heard and supported every step of the way. Big-Firm Mastery, Small-Firm Care While we bring the knowledge and resources of a large, experienced law firm, we maintain the distinctive touch of a close-knit team. Our dedication to each client’s success is unmatched. Comprehensive Legal Services From business law and estate planning to personal injury and employment law, our firm is equipped to handle a wide range of legal matters. No matter your need, you can count on us to provide expert guidance and unwavering support. Our HistorySince its founding in 1967 by Don Erickson (with Charles V. Sederstrom becoming a partner shortly after), Erickson Sederstrom... Employment Newsletter ArchiveSeptember 2024 DOL Overtime Rule and More In this edition, prepare for updates on the Department of Labor's overtime rule, the Nebraska Supreme Court's ruling on a COVID-19 Workers Comp Claim, and the current status of the FTC rule on non-competes. Stay informed with our attorneys' in-depth insights and updates on today's ever-evolving employment law landscape. June 2024 FTC Non-Competes and More In this edition, prepare for insightful discussions on workplace harassment and discrimination, the FTC's recent regulatory action on non-compete agreements with employees, employer liability arising from social media, and how to navigate diversity, equity, and inclusion initiatives. Stay informed with our attorneys' in-depth insights and updates on today's ever-evolving employment law landscape. March 2024 New NE Legislature Updates and More In this edition, we cover key topics impacting the workplace. We explore recent regulations on employee classification, delve into reasonable accommodations for disabilities, and discuss the transformative role of AI in productivity, addressing associated risks. Additionally, we analyze legislative updates on non-compete clauses, discrimination, and paid leave. December 2023 Employer Risk Management Edition The end of the year comes so fast! In this issue of ES Law’s Employment News, Updates, and Insights, our attorneys review tips and best practices for happy (and low-risk) company holiday parties. We then look to the New Year for issues employers should consider in their policy updates and handbook reviews. Plus, ‘tis the season for employee performance reviews, which we cover from a risk management perspective for your information. September 2023... Our TeamLegal ProfessionalsJohn Q. BachmanOf CounselOmaha Sydney R. BonnettAssociateOmaha Bonnie M. BorycaShareholderOmaha Lori BrownCertified ParalegalOmaha Joseph C. ByamOf CounselOmaha Joseph C. Byam IIShareholderOmaha Samuel E. ClarkOf CounselOmaha Andrew M. CollinsShareholderOmaha Hon. William M. ConnollyOf CounselOmaha Thomas J. CulhaneOf CounselOmaha Daniel I. DittmanShareholderOmaha William T. FoleyShareholderOmaha Shay L. GarvinShareholderOmaha Richard J. GilloonShareholderOmaha Eugene L. HillmanOf CounselOmaha Andrew J. HuettnerShareholderOmaha Kaitlin McKennaAssociateOmaha Alana D. MitchemShareholderOmaha Jerald L. RauterkusOf CounselOmaha Matthew B. ReillyShareholderOmaha Erin R. RobakShareholderOmaha Matthew V. RuschShareholderOmaha Blake S. SchneiderwindShareholderOmaha Sarah K. ScholtenAssociateOmaha Mark M. SchorrOf CounselLincoln Kelsey SchwenkerCertified ParalegalOmaha Charles V. Sederstrom, Jr. Of CounselOmaha Tiernan T. Siems Tiernan SiemsShareholderOmaha Raymond WaldenOf CounselOmaha Callie G. WilliamsAssociateOmaha Practice AreasWorkers’ Compensation Law Tax Law Real Estate Law Litigation Intellectual Property Law Insurance Law Estate Planning Employment Law Corporate Law Construction Law 12NextFirm AdministrationJeffrey L. ClarkIT ManagerOmaha Stephanie A. HeinkeFirm AdministratorOmaha Tanya LingleAccounting ManagerOmaha Where We PracticeOmaha OfficeLocated in the heart of Omaha, just minutes from the I-680 and Dodge Expressway corridor. Regency Westpointe Building 10330 Regency Parkway Drive Suite 100 Omaha, Nebraska 68114-3761 (402) 397-2200 Directions to Our OfficeFrom I-680 South (Lincoln) Take Boys Town Exit East. Go East on Dodge Street (towards Downtown) to Regency Parkway Exit, going South. From Council Bluffs, Iowa Take Interstate-80 West to Interstate-680 exit North. Continue North to Dodge Street (Boys Town Exit). Go East on Dodge Street (towards Downtown) to Regency Parkway Exit, going South. Client Account CenterWelcomeOur dedicated client account service area provides an easy and secure way to pay online. Securely make a one-time payment online with a credit card through our dedicated client account services site. ES Law accepts Discover, MasterCard, and Visa Credit Cards or Check Cards (please see our surcharge information on this page). Have an Invoice? If you are paying for services already rendered and have an invoice, please use this link to LawPay. Pay InvoicePay a RetainerIf you are funding a retainer for services not yet rendered, please use one of the links below, which will take you to LawPay. If you're not sure which account applies to you, please call our Accounting Department at 402-397-2200. Do not use this link if you are paying an outstanding invoice. Pay RetainerNebraska Trust AccountIowa Trust AccountSurcharge for Credit Card PaymentEFFECTIVE SEPTEMBER 1, 2025: ES Law will continue to offer a variety of payment options for your convenience. Clients can use VISA, MasterCard, and Discover cards to pay securely through LawPay’s website. To partially offset the costs associated with credit card transactions, effective September 1, 2025, a nominal processing fee of 2. 95% will be applied to all online credit card payments. This fee is automatically calculated and will be added to the payment amount prior to submission. For those preferring alternative methods, payments made using an eCheck will not be subject to this processing fee. Please note: For clients opting to pay via eCheck, there is a transaction limit of... News Search for: What Happens During an FAA Investigation and How to RespondWhat to know immediately Act early and carefully. Initial responses shape the case and missed deadlines can limit your options. Preserve everything. Flight logs, maintenance records, communications, and data are Continue Reading What Is a Construction Lien and How Does It Work? When payment problems arise on a construction project, few legal tools are as powerful as a construction lien. Contractors, subcontractors, suppliers, and design professionals rely on lien rights to secure Continue Reading Mandamus Action against the City by Homeowners’ Association Seeking Repairs and Road Maintenance – Upheld on AppealOn February 24, 2026, the Nebraska Court of Appeals issued its decision in Skyline Ranches Property Owners Association et al. v. City of Omaha, Case No. A‑25‑247, affirming the district Continue Reading Nebraska Court of Appeals Highlights Importance of Precision in Corporate AgreementsThe Nebraska Court of Appeals’ decision in Gross v. GIKK Investments offers a clear message to companies, investors, and business owners: when disputes arise, courts will almost always enforce the Continue Reading Corporate Law Basics Every Business Owner Should UnderstandEntity maintenance matters. Formation is only step one. Ongoing governance and documentation preserve liability protection. Fiduciary duties are real legal obligations. Owners and managers must act in the company’s best Continue Reading Piercing the Corporate or LLC Veil – When You Can and When You Can’tThe recent Nebraska Supreme Court decision in Perkins v. RMR Building Group offers a reminder to business owners and creditors: courts in... Contact Us Disclaimer: The information furnished on this website has been prepared by Erickson Sederstrom, PC, LLO (the Firm) for informational purposes only and should not be interpreted as legal advice. It is not offered as and does not constitute legal advice nor does the use of this information create an attorney-client relationship. The information found on this site is not guaranteed to be accurate, complete or timely. Transmission or receipt of information by electronic email or submission of the Contact Us form on this website is not intended to nor does it establish an attorney-client relationship with Erickson Sederstrom, PC, LLO. Confidential information should not be sent via the above Contact Us form. Electronic mail and Contact Us submissions sent to the Firm containing confidential or time-sensitive data cannot be guaranteed to remain confidential and as such should not be sent. Any links to other websites are for your convenience only. Erickson Sederstrom, PC, LLO is not responsible for these sites or their content. Omaha OfficeLocated in the heart of Omaha, just minutes from the I-680 and Dodge Expressway corridor. The Omaha offices of Erickson Sederstrom (ES Law) are located in the Regency Westpointe Building. Regency Westpointe Building 10330 Regency Parkway Drive Suite 100 Omaha, Nebraska 68114-3761 (402) 397-2200 Lincoln OfficeJust minutes from downtown Lincoln and the Capitol Building, ES Law's Lincoln office is located inside the business suites at the Cornhusker Plaza, just north of the Cornhusker Hotel. Cornhusker Plaza 301 South 13th Street, Suite 400 Lincoln, Nebraska... ## Posts Losing a job can feel unfair, abrupt, or even personal. But under employment law, an unfair termination and an unlawful termination are not necessarily the same thing. That distinction is the starting point for understanding wrongful termination. In Nebraska, as in many states, most employment relationships are presumed to be at will. An employer generally may terminate an at-will employee for a good reason, a bad reason, or no stated reason at all, as long as the actual reason is lawful. A termination may become legally wrongful when it violates an anti-discrimination or retaliation law, breaches an enforceable employment agreement, interferes with protected leave or workplace rights, or violates a clearly established public policy. For employees, the important question is usually not simply, "Was I treated unfairly? " It is, "Was I fired because of something the law protects? " For employers, the corresponding question is whether the stated reason for termination is legitimate, consistently applied, supported by the record, and legally separate from any protected activity the employee recently engaged in. Erickson Sederstrom's employment practice addresses these issues from both sides of the employment relationship, including employment discrimination, litigation, wage and hour matters, OSHA issues, employee manuals, restrictive covenants, wrongful discharge claims, executive employment agreements, and workers' compensation. That broader perspective matters because wrongful termination claims rarely exist in isolation. They often begin with a performance issue, leave request, complaint to HR, wage dispute, workplace injury, accommodation request, or disagreement over an employment agreement. Wrongful Termination at a Glance... On August 21, 2026, the Nebraska Supreme Court released its opinion in Elisban Bazan v. Elite Fleet Hauling, LLC, 322 Neb. 54, delivering a resounding victory to Erickson Sederstrom’s client, Elite Fleet Hauling, Inc. The Court affirmed a judgment after trial that awarded $100,000 to Mr. Bazan for injuries in a collision between his car and one of Elite Fleet’s trucks. Elite Fleet and its driver admitted negligence at trial, and a successful defense of the suit led to the verdict, which resulted in a much smaller damage award than Mr. Bazan sought from the jury. The case on appeal focused on what two experts were allowed, or not allowed, to testify about at the trial. The Supreme Court first reconfirmed that district court judges have broad authority to enforce deadlines and procedures they set for parties with respect to pretrial disclosure, including requirements as to the specific details that must be contained in an expert’s opinions like whether and to what extent a collision caused injuries—in this case, traumatic brain injury. The Court also broke new ground in endorsing a non-physician’s ability to express opinions about the cause of claimed medical injuries that fall within the scope of the expert’s licensing—in this case, a licensed psychologist testifying from the perspective of an experienced neuropsychologist about a claim of a mild traumatic brain injury (“mTBI”). On the first point, the Supreme Court agreed with the district court that the plaintiff’s expert, who had treated Mr. Bazan after the accident, could... We are proud to share that we have 12 attorneys receiving The Best Lawyers® awards and 2 receiving Best Lawyers: Ones to Watch® awards for 2027 across a wide range of practice areas! The Best Lawyers recipients are: Bonnie Boryca for Appellate Practice, Commercial Litigation, and Litigation – Construction Andrew Collins for Commercial Litigation Thomas Culhane for Bet-the-Company Litigation, Commercial Litigation, Construction Law, Insurance Law, Litigation – Construction, and Personal Injury Litigation – Defendants Dan Dittman for Trusts and Estates Bill Foley for Commercial Litigation and Corporate Law Andrew Huettner for Tax Law and Trusts and Estates Virgil Johnson for Corporate Law Jerald Rauterkus for Personal Injury Litigation – Defendants Matt Rusch for Litigation – Insurance Mark Schorr for Labor Law – Management Charles Sederstrom for Health Care Law Mary Vandenack for Trusts and Estates The Ones to Watch recipients are: Shay Garvin for Corporate Law Matthew Reilly for Construction Law and Personal Injury Litigation - Defendants We appreciate the continued trust of our clients and colleagues and congratulate the attorneys recognized in the 2027 edition of Best Lawyers. Erickson Sederstrom - United States Firm | Best Lawyers If you buy property using a warranty deed, you likely assume the seller is on the hook for legal fees if someone challenges your title, even if you win. A recent Nebraska Supreme Court case decision says otherwise: if you win the fight yourself, be ready to foot the bill yourself too. In Morris v. Dall (2026), the Court reaffirmed a longstanding rule that puts a hard limit on what the covenant of warranty actually protects. A covenant of warranty is a promise in a deed that the seller will make things right if someone else later proves they had a better claim to the property. The case involved two parcels the Schindler Family Trust sold to Jane and Steven Morris under a warranty deed. As is standard, the deed stated the Trust “warrants and will defend the title” against lawful claims by third persons. After the sale, a third party who had occupied part of the property for decades sued the Morrises to quite title, claiming ownership through adverse possession. A quite title action is a lawsuit someone files to ask a court to officially settle who really owns a piece of property. Adverse possession is a legal rule that lets someone gain ownership of land they don’t hold the title to if they have openly used and treated it as their own for a long enough period of time, without the real owner objecting. The Morrises asked the Trust and its trustee, Karen Dall, to step in and... What matters most Operational control is the central legal issue. The party with authority to initiate, conduct, or terminate a flight may carry major FAA compliance and liability obligations. Leasing can preserve cash, but it does not eliminate risk. Dry leases, wet leases, operating leases, and finance leases each create different regulatory, insurance, tax, and liability concerns. Ownership offers control, but also responsibility. Aircraft owners must manage title, maintenance, insurance, crew compliance, operational structure, and potential claims tied to aircraft use. Choosing between aircraft leasing and aircraft ownership is not just a financial decision. It is a legal, regulatory, tax, insurance, and operational decision that can affect how the aircraft is used, who is responsible for compliance, who bears liability after an accident, and how disputes are handled if the transaction fails. For corporations, aircraft operators, private aviation users, family offices, flight departments, lenders, lessors, and high-net-worth individuals, the wrong structure can create expensive problems. A lease that looks simple on paper can raise FAA operational control concerns. An ownership structure that appears tax-efficient can create liability exposure. A purchase agreement that fails to address title, records, or airworthiness issues can leave the buyer with an aircraft that is difficult to operate, insure, finance, or resell. Understanding the legal differences between leasing and ownership before signing is essential. Aircraft Leasing vs. Ownership in Plain English Aircraft ownership means the buyer holds legal title to the aircraft. The owner generally controls how the aircraft is used, who operates it, how it... In Martinez v. Amerigreen, the Nebraska Court of Appeals addressed premises liability and whether a bar owner could be held liable for injuries occurring on its property. Amerigreen was successfully represented by Erickson Sederstrom attorneys Matt Rusch and Ray Walden. On New Year's Eve 2014, Jason Martinez visited the Hive Bar in Omaha, operated by Amerigreen, LLC. The bar was crowded to the point that patrons constantly bumped into one another. Despite recognizing these conditions, Martinez made his way to the dance floor. There, he collided with two sisters, triggering an altercation in which one sister pushed him and the other threw a glass at his face, causing injuries. Martinez sued the bar, arguing it breached its duty to provide a safe environment by failing to control overcrowding and provide adequate security. He claimed these conditions made the altercation foreseeable. The bar moved for summary judgment, arguing Martinez's injuries were not foreseeable as a matter of law. Both the trial court and the Nebraska Court of Appeals agreed, ruling in the bar's favor. The decision turned on a foreseeability analysis. Under Nebraska premises liability law, a property owner is liable for injuries caused by a dangerous condition only if that condition created an unreasonable risk of harm the owner should have anticipated. Applying a five-factor test, the court found Martinez's injuries were not foreseeable. Although the bar was crowded, there was no evidence that overcrowding made a violent attack predictable. The bar had no history of fights due to crowding,... If you operate a business, you have likely heard this a thousand times: get it in writing. Most commercial and construction contracts include a clause stating that any changes or extra costs must be approved via a formal, written change order. But what happens when a project is moving fast, a problem arises, and a representative tells you to bypass the paperwork and just keep working? A recent Nebraska Court of Appeals decision involving a county bridge project explains that, depending on the parties’ words and conduct during performance, a written change‑order requirement may not bar recovery for extra work—but the outcome turns on disputed facts. In Vogtscapes, Inc. v. Nemaha County, the county argued the relocation of a dirt stockpile was part of the original agreed-upon earthwork and that no written change order was ever submitted. The contractors, however, argued the relocation and plan changes were additional work to be treated and paid as an overrun. In this dispute over moving the excess‑dirt stockpile, the court held there were genuine factual disputes about whether the extra work fell outside the original contract, whether the written change‑order clause was waived or modified, whether additional compensation was agreed to, and whether the involved representatives had authority to bind the county. Consequently, the court reversed summary judgment and remanded the case for further proceedings. The appellate court quoted Nebraska law establishing that parties may, by their words or conduct, waive or modify a written change‑order requirement. It concluded that the record—viewed in... If you negotiate an exclusivity clause into your commercial lease, you likely assume your business is safe from neighboring competitors. However, a recent Nebraska Supreme Court decision serves as a crucial reminder: an exclusivity clause binds your landlord, not your competition. In Bar at the Yard, LLC v. Friends Family, LLC (2026), the Court made it clear that Nebraska law protects legitimate business competition. Simply entering into a business deal, even if you know it might disadvantage a competitor, is not enough to trigger legal liability. The case arose near Memorial Stadium in Lincoln, where two tenants leased space from the same landlord and sold alcohol on Nebraska Husker football gamedays. The Plaintiff, Longwells, operated a bar and held and exclusivity provision in its lease, giving it the sole right to sell alcohol in an outdoor common area. The Defendant, Hiro 88, operated a restaurant that began selling alcohol on game days through windows opening into the same common area, with the landlord’s permission. Facing a hit to its gameday revenue, Longwells sued Hiro 88 for tortious interference. Tortious interference is a legal claim used when a third party wrongfully disrupts a business’s contracts or customer relationships. Longwells sought Hiro 88’s alcohol profits and a court order to stop their operations. Both the district court and the Nebraska Supreme Court ruled in favor of Hiro 88, rejecting Longwells’ claims on two separate fronts. First, Longwells argued that Hiro 88 wrongfully induced the landlord to breach the exclusivity provision. The Court... Estate planning sounds complicated because people often associate it with wealthy families, complicated trusts, and tax strategies most households will never need. In reality, estate planning is much simpler than that. It is the process of putting clear legal instructions in place for your money, property, healthcare decisions, children, dependents, business interests, and personal wishes. If you own a home, have a bank account, run a business, have children, carry life insurance, own a car, have retirement accounts, use online accounts, or care about who makes decisions for you in an emergency, estate planning matters. Many people delay estate planning because they believe they have plenty of time. Unfortunately, life does not always provide advance notice. A sudden illness, accident, or unexpected death can leave loved ones scrambling to figure out finances, healthcare decisions, and legal responsibilities. Estate planning helps remove uncertainty during some of life's most difficult moments. Consider a simple example. Sarah is a 35-year-old single mother with two children. She owns a modest home, has a retirement account through work, and carries life insurance. She is not wealthy by any standard, yet if something happened to her tomorrow, important questions would arise immediately. Who would care for her children? Who would manage the insurance proceeds? Who would pay the mortgage while her affairs are settled? Estate planning answers those questions before a crisis occurs. A good estate plan answers several basic questions: Who should receive your property after you pass away? Who should manage your estate? Who... The quick breakdown Trademarks protect brands. Names, logos, slogans, and identifiers that distinguish your business. Copyrights protect creative works. Content, designs, photos, videos, software code, music, and written material. Patents protect inventions. New products, processes, machines, or technological innovations. Intellectual property is one of the most valuable assets many businesses own, yet it is also one of the most misunderstood. Business owners often hear the terms trademark, copyright, and patent used interchangeably, even though they protect completely different things. Choosing the wrong form of protection—or failing to protect intellectual property at all—can expose a business to infringement disputes, lost revenue, and competitive risk. Understanding the differences helps businesses protect what actually gives them value. Why Intellectual Property Protection Matters Intellectual property law exists to protect creations, innovations, branding, and proprietary business assets. In many industries, intellectual property is more valuable than physical inventory or equipment. A recognizable brand, proprietary software system, unique product design, or protected process can become the foundation of an entire business. Without proper protection, competitors may be able to copy branding, duplicate content, or profit from innovations without authorization. Intellectual property disputes are also becoming more common as businesses increasingly operate online and across multiple markets. The right protection strategy depends on what you are trying to protect and how your business uses it. What Is a Trademark? A trademark protects branding elements that identify the source of goods or services. The purpose of trademark law is to prevent consumer confusion in the marketplace. Trademarks commonly... Disputes over wills and trusts can become especially complicated when family members believe something went wrong. A recent Nebraska Supreme Court case, Reilly v. Pansing Hogan Ernst & Bachman, helps explain who has the legal right to bring a lawsuit in these situations—and who does not. The case arose after George Kubat made major changes to his estate plan shortly before his death in April 2021. At the time, Kubat was in a relationship with Maureen Walsh. While hospitalized, he modified his trust to leave her millions of dollars, then increased that amount just days later. On the day he died, Kubat and Walsh married, and he signed a new will reflecting those changes. After his passing, Kubat’s children and others challenged those last-minute decisions, arguing that Walsh had improperly influenced him and questioning whether he had the capacity to make such changes. A jury ultimately found that Kubat did have the mental capacity required, but that he had been subjected to undue influence. As a result, the most recent changes to his will and trust were declared invalid. Christine Reilly, an heir and trust beneficiary, pursued a separate legal claim. She sued Kubat’s attorney and his law firm, arguing that they mishandled the estate planning process. She brought the case not only on her own behalf, but also claiming to act on behalf of the estate and the trust. Among other things, she sought to recover her personal legal expenses. The court, however, did not reach the merits of... What matters most Clarity beats complexity. Vague terms create disputes and cost more to fix later. Authority matters. Contracts signed by the wrong person can be unenforceable. Risk is allocated in the fine print. Indemnity, limitation of liability, and payment terms drive outcomes. Contracts are the backbone of every business. They define relationships, allocate risk, and set expectations before problems arise. When contracts are clear and enforceable, they prevent disputes. When they are vague or incomplete, they create them. This guide breaks down the core contracts most businesses rely on, what each should include, and the clauses that often cause problems in real-world situations. Core Business Contracts You Should Have Every business relies on a small set of foundational agreements. Missing or poorly drafted contracts increase the likelihood of disputes and make them harder to resolve. These are not just “nice to have” documents. They are the framework that determines who gets paid, who takes the loss, and how conflicts are handled when something goes wrong. Customer or Client Agreements These agreements are your revenue engine. They define exactly what you are delivering, when you are delivering it, and how you get paid. Most disputes in service-based businesses come down to mismatched expectations, not bad intent. If the contract does not clearly define scope, timing, and payment, you are relying on assumptions—and assumptions rarely hold up in a dispute. Key elements typically include: Scope of work or services with clear deliverables Pricing structure, invoicing schedule, and payment deadlines Change order... ES Law is proud to announce that the practice of Mary Vandenack and her team have joined the firm, significantly expanding its Omaha estate planning, business succession planning, tax, and corporate law services. With this strategic growth, ES Law continues to strengthen its position as a leading estate planning law firm in Omaha, offering comprehensive legal solutions for individuals, families, and business owners. Joining ES Law are attorneys Mary Vandenack, Ben Barrett, Olivia Steffensen, and Eliana Reiss, who officially began with the firm last week. The team is actively working to ensure a seamless transition of client matters while integrating systems and processes to continue delivering exceptional service. Mary Vandenack is a highly respected Omaha estate planning and tax attorney with decades of experience in estate planning, wealth transfer strategies, tax matters, and corporate succession planning. She has been a prominent leader in the Omaha legal community, having led her own firm for much of her career and recently lecturing at Creighton University School of Law. Her experience in helping clients navigate complex estate and business planning matters further enhances ES Law’s capabilities. Attorneys Ben Barrett and Olivia Steffensen are continuing to build their practices in estate planning and probate services in Omaha, working with clients on wills, trusts, and long-term planning strategies. Eliana Reiss brings a diverse practice focus, including estate planning, business law, and litigation, providing additional depth to the firm’s legal services. “We are thrilled to welcome Mary and her team to ES Law,” said Bonnie Boryca.... ES Law was recognized in 2026 as the Best of B2B winner in Intellectual Property Law, a distinction driven by peer recognition and business-to-business voting. The honor reflects the trust the firm has earned among business owners, executives, and general counsel who rely on experienced legal guidance in areas where compliance, protection, and risk management are critical. Erickson Sederstrom, P. C. , L. L. O. , ES Law for short—is a respected Omaha-based law firm known for providing sophisticated legal counsel to businesses, professionals, and organizations across Nebraska and the Midwest. Its Intellectual Property Law group helps clients protect, manage, and monetize the ideas and innovations that drive long-term business value. ES Law supports companies at every stage of growth, from startups developing their first brand assets to established organizations managing complex trademark portfolios, copyrights, licensing agreements, and IP-related disputes. In today’s competitive marketplace, intellectual property is often a company’s most valuable asset, and ES Law works closely with clients to ensure those assets are protected and strategically aligned with business goals. If IP is threatened, ES Law’s attorneys are well-versed in enforcing and protecting their clients’ IP through any necessary means, such as in court or through alternative dispute resolution. The firm’s IP team includes Bonnie M. Boryca, Andrew M. Collins, Shay L. Garvin, Erin R. Robak, and Blake S. Schneiderwind—attorneys who bring a practical, business-focused approach to intellectual property matters. Their work spans trademark registration and enforcement, copyright protection, licensing and commercialization strategies, and trial of claims or... What to know immediately Act early and carefully. Initial responses shape the case and missed deadlines can limit your options. Preserve everything. Flight logs, maintenance records, communications, and data are often the deciding factors. Get experienced guidance before responding. Statements made too quickly or without context can create avoidable exposure. Receiving notice of an FAA investigation can be unsettling for pilots, operators, mechanics, and aviation businesses. The FAA regulates certification, operations, and safety, which means an investigation can directly impact your license, business, or ability to operate. Understanding how the process works—and how to respond strategically—can make a measurable difference in the outcome. What Triggers an FAA Investigation? The FAA investigates potential violations of Federal Aviation Regulations (FARs), not just accidents. Most investigations begin with a specific data point or report, not a random inquiry. Inspectors are typically reacting to something documented, observed, or reported through established channels. That means there is usually already a record before you are contacted. Understanding the source of the trigger helps you assess what evidence likely exists and how to respond. Investigations commonly begin from: Air Traffic Control (ATC) reports of deviations Complaints from passengers, employees, or third parties Routine audits or inspections of operators, flight schools, or repair stations Accident or incident reports under NTSB definitions Maintenance discrepancies or logbook issues Drug and alcohol testing violations In most cases, the first formal notice is a Letter of Investigation (LOI), which informs you that the FAA is reviewing a specific event and invites a... When payment problems arise on a construction project, few legal tools are as powerful as a construction lien. Contractors, subcontractors, suppliers, and design professionals rely on lien rights to secure payment. Property owners, on the other hand, must understand liens to protect title, financing, and project stability. A properly filed construction lien can mean the difference between recovering payment and absorbing a significant financial loss. For owners, it can be the difference between a clean closing and a delayed or cancelled transaction. Understanding how construction liens work is essential for anyone involved in building, renovating, or developing real property. What Is a Construction Lien? A construction lien, often called a mechanic’s lien, is a legal claim against real property filed by a party who has provided labor, materials, equipment, or professional services to improve that property but has not been paid. Unlike a simple breach of contract claim, a lien attaches directly to the property itself. It creates a security interest in the improved real estate. If properly recorded and enforced, the lienholder may ultimately have the right to foreclose on the property to satisfy the unpaid debt. In practical terms, a lien places a “cloud” on title. Until it is released, bonded off, or resolved, it can prevent refinancing, disrupt sales, and create substantial leverage in payment disputes. Who Can File a Construction Lien? Lien rights are governed strictly by state statute, but the following parties commonly have lien rights: General contractors with a direct contract with the owner... On February 24, 2026, the Nebraska Court of Appeals issued its decision in Skyline Ranches Property Owners Association et al. v. City of Omaha, Case No. A‑25‑247, affirming the district court’s refusal to compel the City of Omaha to repair and repave the streets within the Skyline Ranches subdivision. The ruling clarifies the limits of mandamus relief and the discretionary nature of municipal street‑maintenance decisions. Skyline Ranches is a residential subdivision whose paved streets were originally installed in 1975, under Douglas County’s oversight. The neighborhood was annexed by the City of Elkhorn in 1994 and later became part of Omaha when Omaha annexed Elkhorn in 2005. According to the homeowners, the condition of the streets deteriorated significantly in the years following annexation. They alleged that hazardous roadway conditions developed and that in 2018 Omaha adopted a policy labeling streets not built to current City standards as “substandard,” effectively limiting routine municipal maintenance. The Association contended that city representatives informed residents they would not only need to apply for significant improvements but also bear the costs of doing so. Relying on Neb. Rev. Stat. § 14‑118(2), the homeowners argued that the City of Omaha assumed a mandatory duty to maintain their streets upon annexation and could not later disclaim that duty by deeming the roadways substandard. When they sought relief in the Douglas County District Court, they pursued both a declaratory judgment and a writ of mandamus compelling the City to repair and repave the roads. The district court dismissed the... The Nebraska Court of Appeals’ decision in Gross v. GIKK Investments offers a clear message to companies, investors, and business owners: when disputes arise, courts will almost always enforce the written terms of your agreements exactly as they appear. For corporate clients, this case illustrates how the structure and wording of operating agreements, ownership documents, and financial arrangements can determine the outcome of high‑stakes litigation. The dispute involved several interrelated contracts governing ownership interests and financial obligations within a business entity. The appellants argued that key provisions were ambiguous and should be interpreted in a way that altered their obligations and shifted the economic consequences of certain triggering events. The Court of Appeals rejected those arguments, concluding that the agreements were drafted with sufficient clarity to foreclose the alternative interpretations the appellants proposed. A central issue was how the agreements allocated rights and responsibilities among the members of the entity. The court examined the documents as a unified set of corporate instruments, noting that the provisions cross‑referenced one another and created a coherent structure for ownership, valuation, and financial contributions. When read together, the agreements reflected a deliberate allocation of risk and a clear mechanism for handling changes in ownership or financial status. The appellants’ interpretation would have required the court to isolate individual phrases and disregard the broader corporate framework the parties had created. The court also emphasized that Nebraska law gives contractual terms their ordinary meaning unless the parties expressly define them otherwise. This principle is especially important... Entity maintenance matters. Formation is only step one. Ongoing governance and documentation preserve liability protection. Fiduciary duties are real legal obligations. Owners and managers must act in the company’s best interest, not their own. Contracts depend on authority and clarity. Written agreements and proper signing authority prevent costly “handshake deal” disputes. Corporate law often feels abstract to business owners until something goes wrong. In reality, it governs the day-to-day decisions that shape how a business operates, grows, and protects itself from risk. Understanding the fundamentals of corporate law helps owners make better decisions, avoid preventable disputes, and build companies that are prepared for change. What Corporate Law Covers and Why It Matters Corporate law is the legal framework that governs how businesses are formed, managed, and regulated. It applies to companies of all sizes, from closely held startups to established enterprises. At its core, corporate law defines relationships between owners, directors, officers, employees, and outside parties. This area of law affects how authority is granted within a company, how decisions are documented, and how accountability is enforced. It also plays a critical role in managing risk. When corporate rules are followed consistently, businesses are better positioned to defend themselves in litigation, secure financing, and navigate regulatory scrutiny. Entity Formation Is Only the Starting Point Many business owners think corporate law begins and ends with formation documents. In practice, formation is only the first step. The real impact of corporate law is seen in how governing documents are drafted, followed, and... The recent Nebraska Supreme Court decision in Perkins v. RMR Building Group offers a reminder to business owners and creditors: courts in Nebraska will pierce the veil of an LLC only in exceptional circumstances, but they will scrutinize conduct that suggests fraud, misuse of the corporate form, or efforts to evade legitimate debts. This ruling matters for anyone doing business in Nebraska—whether you operate through an LLC or are trying to collect from one. Background of the Case The dispute began when Perkins, L. L. C. and related entities sued RMR Building Group, LLC, and its owner over unpaid obligations. The district court awarded the plaintiffs $549,916. 58 in damages but refused to pierce the LLC’s veil to hold the individual owner personally liable. The Nebraska Court of Appeals later reviewed the case, and the matter ultimately reached the Nebraska Supreme Court. The Supreme Court’s published opinion (filed on January 23, 2026) reaffirmed long‑standing principles governing when courts may disregard the separate legal identity of an LLC. Piercing the LLC Veil Is an Extraordinary Remedy The Court emphasized that piercing the corporate or LLC veil is an equitable remedy, not a standalone cause of action. It is used sparingly and only when the evidence shows the company was used to commit fraud or injustice. Fraud or Misuse Must Be Proven by the Greater Weight of the Evidence To hold an individual owner personally liable, a claimant must show: The LLC was used to commit fraud, violate a legal duty, or... The Nebraska Court of Appeals recently reaffirmed the strength of Nebraska’s procedures for enforcing foreign judgments, holding that a Utah judgment properly registered under the Uniform Enforcement of Foreign Judgments Act (UEFJA) was fully enforceable through garnishment proceedings in Nebraska. The decision in ODK Capital, LLC v. The Paw Spa Resort, LLC underscores the limited grounds available to challenge an out‑of‑state judgment once it has been domesticated in Nebraska. Background ODK Capital obtained a default judgment in Utah against The Paw Spa Resort, LLC and later registered that judgment in Douglas County, Nebraska pursuant to the UEFJA. After registration, ODK initiated garnishment proceedings to collect on the judgment. The Paw Spa moved to quash and vacate the garnishment, arguing that the underlying Utah judgment should not be enforced in Nebraska. The district court denied the motion, and The Paw Spa appealed. The Court’s Decision The Nebraska Court of Appeals affirmed the district court’s ruling. The Court concluded that: The Utah judgment was properly authenticated and registered under the UEFJA. The Paw Spa failed to demonstrate any jurisdictional defect or procedural irregularity that would justify refusing enforcement. Garnishment was an appropriate and lawful mechanism for ODK Capital to pursue collection on the registered judgment. In short, the Court held that once a foreign judgment is properly filed in Nebraska, it is treated with the same force and effect as a Nebraska judgment unless the debtor can show a recognized legal basis for non‑enforcement. Key Takeaways for Businesses and Judgment Creditors This... Congratulations to ES Law attorneys Erin Robak and Alana Mitchem for being voted shareholders as of January 1, 2026. Their dedication to ES Law’s clients and impressive accomplishments in the legal community are great assets to our firm. Erin joined ES Law in early 2025, after practicing at another local firm for several years. She has cultivated a litigation specialty in commercial litigation, trust and probate contested matters, and complex business disputes. Erin is sought after by clients for highly contested matters and trusted for her strong negotiation, appellate, and trial skills. Erin’s full profile and contact information can be found here: https://eslaw. com/bio/erin-r-robak Alana joined ES Law in 2023, after practicing at another local firm and graduating from Creighton Law School. Alana specializes in liability defense and workers compensation, in addition to litigating commercial disputes and employment matters. Alana is trusted by our clients for her practical and responsive approach to helping them through their most pressing issues. Alana’s full profile and contact information can be found here: https://eslaw. com/bio/alana-d-mitchem Please join us in congratulating both Erin and Alana! Choosing a legal structure is one of the most important decisions a business owner makes. It affects personal liability, taxes, day-to-day operations, the ability to raise capital, and how easily a business can grow or change hands. The right structure supports long-term goals. The wrong one can create legal exposure, limit flexibility, and increase costs over time. Why Your Business Legal Structure Matters More Than You Think A business’s legal structure quietly governs almost everything that happens behind the scenes. It determines who is responsible when something goes wrong, who has authority to make decisions, and how profits, losses, and risks are shared. Many business owners view entity selection as a startup task, but attorneys often see it as a long-term strategic decision that continues to shape the business years later. From a liability standpoint, the structure determines whether a lawsuit stops at the business or reaches an owner’s personal assets. From an operational perspective, it affects how decisions are made, how disputes between owners are resolved, and what happens when someone wants out. These issues rarely surface on day one, but they matter significantly once real money, employees, and contracts are involved. Legal structure also plays a major role in how a business grows. Certain entities make it easier to bring in partners, raise capital, or attract investors, while others create friction or require restructuring down the road. Tax treatment, compensation planning, and compliance obligations are all tied directly to the entity choice, and misalignment in any of these... Matt Reilly and Sarah Scholten recently obtained a complete defense verdict in favor of a ES client, a family-owned development company, in a multi-week jury trial in Saunders County, Nebraska. The developer constructed a lakeside residential subdivision in the floodplain of the Lower Platte River near Ashland. In March of 2019, that floodplain was inundated with a destructive 400-year flood. In the course of that broadly catastrophic event, floodwaters rushed into and around the development, indiscriminately causing damage to nearly everything in its path. After the flood subsided and the water washed away, a homeowner within the development and the neighboring landowner (a large sand and gravel mining company) teamed up to blame the developer. They claimed that when the developer shaped the land to form the lake between 2012 and 2017, it was negligent in how it installed the roads and drainage measures. Together, the plaintiffs claimed approximately $1,000,000 in monetary damages. They also asserted claims for “injunctive relief”; they argued that the Saunders County District Court should force the developer to go back and install drainage measures that were likely to cost several million dollars. Over the course of two weeks, the jury heard testimony from many fact witnesses, several engineers, and government officials. Mr. Reilly and Ms. Scholten showed to the jury that the developer did everything it was required to do, including hiring engineers to specify exactly what would be done at the lake and then getting the County’s full approval of the engineer’s specifications. They... On September 17, 2025, Erickson Sederstrom partner Matt Rusch, along with Canadian attorneys Nabeel Peermohamed of the Brownlee law firm and Kim Jones of Tyndall Point Law, delivered a presentation at the RIMS Canada 2025 conference in Calgary, Alberta. The Risk Management Society event, which brought together leading professionals from the risk management and insurance industries in the United States and Canada, served as a platform for discussing critical issues and emerging trends shaping the field. During his presentation, Rusch provided an in-depth analysis of indemnity law, focusing on its complexities and practical applications in contractual relationships. He explored the nuances of indemnity agreements, their legal implications, and best practices for mitigating risk. Rusch focused on specific attributes of United States law, while his co-presenters discussed indemnity law distinctions found in Canadian law. RIMS is a premier organization for fostering collaboration and knowledge-sharing among risk management and insurance experts. Photo caption: RIMS Canada 2025 presenters Nabeel Peermohamed, Kim Jones, and Matt Rusch Summary of Merithew v. City of Omaha, 319 Neb. 551 (2025). During George Merithew’s more than 25-year career with the Omaha Police Department (OPD), he served in a variety of roles, including police officer, sergeant, and lieutenant. He also contributed beyond patrol duties by serving on the safety review board, teaching courses at the training academy, participating in the legislative liaison committee, and helping draft the OPD’s policies and procedures manual. In March 2020, however, his long-standing tenure with the department was suddenly in jeopardy when he became the subject of two internal investigations based on inappropriate remarks he had allegedly made. Just three months later, his employment was terminated. While internal investigations followed by termination are not inherently unusual, Merithew filed a retaliation lawsuit against the City of Omaha (the City), alleging that both internal investigations, along with multiple incident reports and his eventual termination, were part of a broader effort to retaliate against him for engaging in protected conduct that began over two years before his termination. In May of 2018, Merithew contacted the City’s human resources director to report the OPD for potential sex discrimination. Following that report, OPD Police Chief Todd Schmaderer allegedly instructed officers to begin writing up Merithew for “anything and everything. ” Between September 2019 and May 2020, Merithew became the subject of several incident reports, all of which he either disputed or denied. During this same period, he received a performance evaluation from his direct supervisor rating him above satisfactory in all... We have 10 attorneys receiving The Best Lawyers in America® awards and 2 receiving Best Lawyers: Ones to Watch® in America awards for 2025-26. The Best Lawyers recipients are: Bonnie Boryca for Appellate Practice and Commercial Litigation Thomas Culhane for Bet the Company Litigation, Commercial Litigation, Construction Law, and Appellate Dan Dittman for Trusts and Estates Willliam Foley for Corporate Law and Commercial Litigation Andrew Huettner for Tax Law and Trusts and Estates Virgil Johnson for Corporate Law Jerald Rauterkus for Personal Injury Litigation – Defendants Matthew Rusch for Litigation – Insurance Mark Schorr for Labor Law – Management Charles Sederstrom for Health Law The Ones to Watch recipients are: Shay Garvin for Corporate Law Matthew Reilly Construction Law and Personal Injury Litigation – Defendants Erickson Sederstrom - United States Firm | Best Lawyers Nebraska voters passed Initiative 436 in November 2024 in the General Election mandating that Nebraska adopt paid sick leave. As with any ballot initiative, there are always issues and practical factors in actual employment situations which require conformance of such an initiative to existing Nebraska law. Therefore, the legislature passed enabling legislation in the form of LB 415, and the Nebraska Healthy Families and Workplaces Act (hereinafter “Act”), is now codified in the Nebraska Statutes at Neb. Rev. Stat. §48-3801 through §48-3811 (2025). The new paid sick leave law takes effect on October 1, 2025, but Nebraska employers must be prepared by September 15, 2025, to send out notices to all employees and have posters from the Nebraska Department of Labor in place prior to October 1, 2025. Let’s examine the key requirements of this new law for Nebraska employers. Coverage All private employers in Nebraska with more than 10 employees will be covered by the Act. Employers with 10 employees or less will be exempt from the Act, as are The United States and the State of Nebraska and its agencies, departments and political subdivisions. Any individual employed by an employer, including part-time and temporary employees, will be covered with the following exemptions: Independent contractors, individuals who work in Nebraska for fewer than 80 hours in a calendar year, individuals employed in agricultural employment of a seasonal or other temporary nature, any employee under 16 years of age, owner-operators, and any employee subject to the Federal Railway Unemployment Insurance... It is common practice for companies to enter into non-compete agreements while working with one another or when it comes time to terminate an existing partnership or collaboration. The terms of non-compete agreements can vary greatly by case and by state. Yet, all attempt to limit a party’s ability to work within a certain profession or trade. In the recent Nebraska Court of Appeals case involving WRK, LLC, a real estate development firm, and Zach Wiegert, a real estate developer, the covenant not to compete prohibited Wiegert from competing, whether it be through the role of owner, landlord, or developer, in the same area as WRK for 7. 5 years. This agreement also directed WRK to deliver a Special Notice if they believed Wiegert was in violation of the non-compete. If after three days of WRK’s Special Notice, Wiegert has failed to cure the violation, WRK could seek a remedy of $3. 5 million. Before the 7. 5 years had passed, WRK accused Wiegert of violating the non-compete agreement. WRK sent a Special Notice but alleged that Wiegert continued to violate their agreement. Wiegert denied the allegation and filed a counterclaim against WRK. Both WRK and Wiegert filed motions for summary judgement, arguing the opposing party’s claims were baseless. The court dismissed WRK’s claim that Wiegert breached their agreement. Wiegert then voluntarily dismissed his counterclaim without prejudice. Dismissing a claim without prejudice gives the arguing party the option to bring about the claim at a later date if they choose... Shortly after an underground water line that serviced Plaza Park ruptured in November of 2019 causing flooding in the basement, the owner of Plaza Park filed a claim with its insurance provider, Auto-Owners Insurance Company (Auto-Owners). Plaza Park was composed of residential apartments and commercial spaces. Its insurance policy included commercial property coverage that included sections pertaining to the extent of water damage Auto-Owners would pay for and specifically stating what they will not cover. When the property owner’s claim was denied, it filed an action in the district court for breach of the insurance contract, requesting that Auto-Owners be ordered to pay $78,659. 74 to cover the loss. French v. Auto-Owners Ins. , 33 Neb. App. 646 (May 27, 2025). The main issue in the case was in the interpretation and language of the insurance policy regarding what Auto-Owners was required to pay in regard to water damage. The local utility superintendent testified that water was “bubbling out of the sidewalk” and “from a portion of the street”. Through further investigation, he found that there was a rupture in the service line connecting the building to the city’s water main as well as water entering from the floor and wall as well as through the foundation. After learning of this, Auto-Owners filed a motion for summary judgment regarding the cause of the water damage, specifically that its cause was excluded under the policy. The insurance policy stated that Auto-Owners will pay for direct physical loss of or damage to... Nebraska, like many jurisdictions, provides employees with a common law protection against employment termination in violation of certain public policies. Primarily, these protections allow employees to report violations of the law or engage in conduct where public policy mandates it should be freely allowed, without negative workplace consequences. Key to this doctrine is that no other law or statute provides an adequate remedy. A recent Nebraska Supreme Court case clarifies these principles and provides a good example of when such a claim can or cannot result in recovery for a suing employee. In February of 2021, York Surgical Associates P. C. (“YSA”) was informed that the Office of the Inspector General (“OIG”) was opening an audit into their billing practices concerning their Medicare patients. YSA employed the Plaintiff, Ms. Dibbern, in an administrative capacity. Ms. Dibbern was tasked with Medicare coding for patient visits or procedures. For the impending audit, YSA retained three attorneys who worked to determine the likelihood of exposure for the company. A second-phase internal investigation found that 73% of the claims under review by OIG were being ‘upcoded’, which could strongly suggest fraudulent behavior. ‘Upcoding’ is a term for when a medical provider increases the code number in order to receive a larger reimbursement than allowed. Armed with this information, YSA’s counsel recommended that Ms. Dibbern should be terminated as she was the employee responsible for coding Medicare reimbursements. One of the owners then informed Ms. Dibbern of that recommendation, which she challenged, hoping to remain... On December 26, 2024, a panel of the Fifth Circuit Court of Appeals vacated an order issued by a separate panel of the Fifth Circuit Court of Appeals on December 23, 2024 lifting an injunction issued by a federal court in Texas on December 3, 2024 which instituted a nationwide ban on the government’s enforcement of the Corporate Transparency Act (the “CTA”) and Beneficial Ownership Information Report (the “BOIR”) filing requirement. On December 31, 2024, the Department of Justice appealed to the December 26, 2024 order to the United States Supreme Court and its review of the appeal is currently pending. This means that Reporting Companies (as defined under the CTA) who were previously required to file the BOIR prior to January 1, 2025 are not required to file while the preliminary injunction remains in effect. However, Reporting Companies may still elect to file the BOIR but such filing would be voluntary so long as the preliminary injunction is in effect. For Reporting Companies that have already filed their BOIR, no further action is necessary at this time. Reporting Companies that have not filed their BOIR are not required to during the time of the injunction. There is no indication of how long the preliminary injunction will last so Reporting Companies who have not filed their BOIR should monitor this situation closely and prepare all information necessary for filing in the event the injunction is lifted and the filing requirement is reinstated as the month of December has shown that... On December 3, 2024, the US District Court for the Eastern District of Texas, in Texas Top Cop Shop, Inc. v. Garland, No. 4:24-CV-478, issued a preliminary injunction enjoining the United States Government’s enforcement of the Corporate Transparency Act (the “CTA”) and its implementing rules and regulations and staying the impending filing deadline. The United States Government has already appealed the decision to the Fifth Circuit Court of Appeals. The CTA requires certain non-exempt companies (known as “Reporting Companies”) to file a report (known as the “Beneficial Ownership Information Report” or “BOIR”) with the Financial Crimes Enforcement Network of the United States Department of Treasury disclosing information about the company and its “Beneficial Owners. ” Any Reporting Company in existence prior to January 1, 2024 was required to file the BOIR prior to January 1, 2025, while Reporting Companies formed in 2024 had to file the BOIR within 90 days of formation. The preliminary injunction issued by the court means that Reporting Companies will not be required to file the BOIR so long as the injunction is in place. The court’s decision is temporary until a final decision can be made regarding the constitutionality of the CTA. For Reporting Companies that have already filed their BOIR, no further action is necessary at this time. Any Reporting Companies that have not filed their BOIR are not required to during the time of the injunction. There is no indication of how long the preliminary injunction will last so Reporting Companies who have... Cryptocurrency has been a mainstream topic in the media for numerous years now. Its goal to digitize and make transactions private has spurred much debate. Many commercial transactions using cryptocurrency involve a blockchain contract, which operates like contracts that people enter into daily. A blockchain is a database shared by all parties to a transaction. The blockchain for a given transaction is stored and accessed using the parties’ computers. The database uses mathematics and software to prevent the data from being tampered with, altered, or destroyed. Blockchain contracts are best explained using the example of a vending machine. For instance, Justin owns a vending machine that sells soda for $1. 50. Caleb agrees to pay $1. 50 for Justin’s soda. After Caleb fulfills the condition of paying $1. 50, the smart contract would automatically take the soda from Justin and give it to Caleb. Because the contract is set up through the blockchain using secure data, this cuts out the possibility that Justin would not give up the soda once Caleb paid $1. 50. So long as the condition of paying $1. 50 is met, Justin’s performance under the contract will automatically be executed. Simply put, the binary nature of whether a condition has been met makes blockchain contracts efficient to execute and successful at preventing breaches of contract. Although blockchain contracts are relatively new to the courts, these agreements will fit into contract law that attorneys dispute on a daily basis. For example, because of its written nature, a... As previously reported by Erickson Sederstrom, earlier this year, the Federal Trade Commission (FTC) issued a landmark rule intended to ban non-compete agreements nationwide for employees and independent contractors. However, a federal court in Texas has now invalidated the rule, with a ruling that applies nationwide. As a result, the FTC Rule will not take effect unless a higher court overturns this decision on appeal. A Look at the History of the FTC’s Non-Compete Rule Non-compete agreements have long been a common tool for employers to protect trade secrets, client relationships, and other business interests. They restrict employees from joining a competitor or starting a competing business for a set period after leaving a company. While widely used, these agreements have also been criticized for limiting workers' mobility and bargaining power. In January 2023, the FTC announced its plan to ban nearly all non-compete agreements, citing concerns that such agreements suppress wages, stifle competition, and limit entrepreneurial opportunities. The proposed rule, commonly referred to as the "FTC Rule," was part of a broader effort by the Biden administration to promote competition across various sectors of the economy. The rule’s primary provisions included: Prohibition on New Non-Competes: Employers, including independent contractors, would be banned from entering into non-compete agreements with workers. Invalidation of Existing Agreements: Pre-existing non-competes would be rendered unenforceable, and employers would be required to notify affected workers. Legal Challenges and Rulings The FTC’s regulation immediately sparked controversy and led to legal challenges from various business groups, which argued... One question that often arises during discussions about financial planning and estate management is what happens to student loans when a borrower passes away. Understanding the implications for both federal and private student loans can help individuals, and their families better prepare for unexpected circumstances. Federal Student Loans Federal student loans are generally discharged upon the borrower’s death. This means that the remaining balance on the loan is canceled, and the borrower's family is not responsible for repayment. To initiate this process, a family member must provide the loan servicer with proof of death, such as an original or certified copy of the death certificate. Parent PLUS loans, which are federal loans taken out by parents on behalf of their children, are also discharged if either the student or the parent borrower dies. Private Student Loans The situation is more complex with private student loans, as each lender has its own policies. While many private lenders offer a discharge upon the borrower's death, this is not guaranteed and can vary based on the loan agreement. If a private student loan does not automatically discharge, the debt may become part of the deceased’s estate and could be paid from the estate's assets during probate. Additionally, if there is a cosigner on a private student loan, that person may be held responsible for the remaining balance unless the lender has a policy to release the cosigner upon the borrower's death. Responsibility for Other Debts When a loved one passes away, their estate... Pursuant to a final rule issued by the United States Department of Labor (“DOL”) on April 26, 2024, specific changes regarding minimum wage and overtime exemptions under the Fair Labor Standards Act (“FLSA”) will be going into effect on January 1, 2024. Currently, certain executive, administrative, and professional workers are exempt from minimum wage and overtime pay requirements under the FLSA if they (1) are paid on a salary basis at a rate of not less than $884 per week and (2) perform specific duties that are exempt under the FLSA and corresponding regulations. Employees of companies who are subject to the FLSA and are not exempt under this test are required to be paid time-and-a-half for any hours worked more than forty hours in a week unless they are exempt under other regulations under the FLSA. The weekly salary rate of $844 equates to an annual salary of $43,888. This threshold has been in effect since July 1, 2024. However, effective January 1, 2025, the threshold will increase to $1,128 per week (equivalent to a $58,656 annual salary). The rule also increases the salary threshold for the highly compensated employees exemption from $132,964 per year (including at least $844 per week paid on a salary or fee basis) to $151,164 per year (including at least $1,128 per week paid on a salary or fee basis), effective January 1, 2025. These thresholds will then be updated every three years, with the next update set for July 1, 2027, barring any... The petition requiring Nebraska employers to offer paid sick leave to their employees will officially appear on the November ballot. If passed, it will require employers to make some changes. Currently, there is no federal law mandating paid sick leave for all employees. Employers' only requirement is to comply with other federal provisions that touch on sick leave found in other federal mandates (like the FFCRA or FMLA). Nebraska also does not, as of now, have a statewide paid sick leave policy. This means these policies are determined by each individual employer, and many of these employers may have to overhaul their sick leave policies to ensure compliance. If the Initiative passes, below are some additional steps that employers can take to ensure a smooth transition. 1) Determine what category of employer you fall into. The requirements under the Initiative vary by the number of employees an employer has. There are different requirements for an employer who has 20 or more employees. If you are an employer who floats around the 20-person cutoff, be aware of any fluctuations in employee numbers to ensure continued compliance. 2) Look at policies and procedures drafted by states with similar initiatives. Many employers have been drafting their own policies surrounding sick leave, and it may not be easy to create policies that are compliant yet tailored to their business. The following states have similar laws: California, New York, New Jersey, Connecticut, Oregon, and Washington. While these states' paid sick leave laws vary and have... On July 1, 2024, the United States Department of Labor's final rule, Defining and delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, took effect. This rule updates and revises the regulations issued under section 13(a)(1) of the Fair Labor Standards Act ("FLSA"). It is crucial for employers to review employee classifications and update or reclassify employees to comply with the new regulations. This article will briefly explain the FLSA and review its history, provide a short overview of the current FLSA rules and regulations, and give an overview of the changes to the exemptions. The Fair Labor Standards ActThe Fair Labor Standards Act ("FLSA") is a federal United States labor law that creates the right to minimum pay and grants employees working overtime "time-and-a-half" pay when working over 40 hours a week. In addition, the FLSA prevents "oppressive child labor" by prohibiting the employment of minors. The Department of Labor ("DOL") is the federal agency tasked with enforcing labor laws, including the FLSA. The FLSA was originally published in 1983 and applies to all employees of enterprises having workers engaged in interstate commerce, producing goods for interstate commerce, or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person. These rules and regulations are the minimum requirements with which states must comply, however, states can provide additional protections to employees through their own state laws. Employers must comply with the FLSA and the other... As remote work reshapes the modern workplace, companies employing remote workers across multiple states face unique compliance challenges. However, by staying informed about the various laws that may apply to their remote workforce, employers can navigate these challenges with confidence. Below are several legal areas where state laws often differ and that companies should pay particular attention to when managing a multistate remote team. Wage and Hour LawsWage and hour requirements, including minimum wage rates and overtime provisions, often differ by state and can even vary by city. Employers must comply with the laws where remote employees are physically working, not necessarily where the company is headquartered. For example, states like California have strict overtime laws and daily overtime rules that differ from federal guidelines under the Fair Labor Standards Act (FLSA). Employers must also be mindful of state-specific minimum wage rates, which may be higher than the federal minimum wage. Paid Leave RequirementsPaid sick leave, family leave, and other forms of leave are governed by state and local laws, many of which have implemented more generous provisions than those mandated by federal law. For instance, states like New York, California, and Washington have comprehensive paid family and medical leave programs. Employers with remote workers must ensure compliance with the paid leave laws in each state where their employees reside. Employee ClassificationMisclassification of employees as independent contractors remains a common pitfall, especially in the context of remote work. States such as California have strict classification standards under laws like AB5,... Since 2016, McCook Hotel Group has operated a hotel in McCook, Nebraska. Ron Strahan stayed in this hotel in January 2019 while on business travel. One morning, while showering, he slipped and fell, sustaining injuries to his head, ribs, and wrist. He then filed a complaint in the District Court of Red Willow County alleging the bathtub was not equipped with slip-resistant materials and ‘the hotel either created the condition, knew of the condition, or, in the exercise of reasonable care, should have discovered the condition’ (317 Neb. 350). McCook generally denied any negligence and described its bathtubs as meeting the industry standard with a similar design to any other average hotel bathtub. Approximately two years later, McCook Hotel Group moved for summary judgment. In opposition to the hotel’s motion, Strahan offered photographic evidence of the hotel bathtub in his room, multiple affidavits from himself and his friend, and an expert inspection of the tub. Strahan’s primary contention to the court was that McCook Hotel Group was negligent in creating or maintaining the hazard of a slippery bathtub. His evidence, however, was not enough to genuinely dispute whether the bathtub was unreasonably dangerous by being too slippery. This resulted despite Strahan offering an expert inspection of the tub. In the expert’s affidavit/report, he clearly stated the bathtub had a “raised truncated type slip resistant surface that is part of construction” (317 Neb. 350). He also stated that the resistance felt similar in both dry and wet conditions (317 Neb. 350).... As ES Law previously reported, the Federal Trade Commission issued a rule that would have taken effect on September 4, 2024 banning general non-competes nationwide. A federal court in Texas has now invalidated that rule. The court’s ruling applies nationwide; thus, the rule will not take effect. Many of our employer clients had been working to ensure their non-compete agreements would be compliant. We encourage employers to reach out to legal counsel to understand the full ramifications of this legal ruling and how the future landscape of this area is being shaped. In the recent decision, Perkins County Board of Equalization v. Mid America Agri Products/Wheatland Industries, LLC, The Nebraska Supreme Court dismissed a judicial review request from the Perkins County Board of Equalization (“the Board”), finding it lacked jurisdiction on the issue. The request followed an unfavorable outcome from a previous decision made by the Tax Equalization and Review Commission (TERC). The Board appealed TERC’s decision based on Neb. Rev. Stat. § 77-5019. Wheatland owns real property in Perkins County that was improved with ethanol production facilities. In 2018, 2019, and 2020, Wheatland protested the valuations of the property set by the Perkins County assessor. The Board denied the original protests and Wheatland appealed the Board’s decision to TERC. In 2023, TERC reversed the Board’s original decision and lowered the Perkins County assessor’s valuation for each of the three years contested. Following TERC’s decision, the Board requested a judicial review of the administrative decision. The Board filed the petition in the Court of Appeals on February 16, 2023. That same day, the Board paid the docket fee and filed a praecipe with the Court’s Clerk for a summons; the summons was issued the same day. The Board mailed the summons on February 22 and received a notification of the delivery taking place on March 29, forty-one days after the filing of the petition. Additionally, a courtesy copy of the summons was emailed to Wheatland’s counsel. On February 23, Wheatland’s counsel filed an appearance of counsel and a “Response to Petition for... Erickson Sederstrom is pleased to announce the following lawyers’ inclusion in the 2025 edition of The Best Lawyers in America®. Since its first publication in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.   For more than 40 years, the rigorous methodology of Best Lawyers has ensured the integrity and esteem of our legal recognitions," said Best Lawyers CEO Phillip Greer. "It is with great pleasure that we continue to provide potential clients with the pinnacle measurement of credibility through our Best Lawyers awards as they search for counsel. This recognition is a testament to the professional excellence and dedication of the awarded lawyers, and we are proud to be associated with them.   Best Lawyers has earned the respect of the legal profession, the media, and the public as the most reliable, unbiased source of legal referrals. Its first international list was published in 2006 and has since grown to provide lists in more than 75 countries.   Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers based on professional expertise and undergo an authentication process to ensure they are in current practice and good standing.   Erickson Sederstrom would like to congratulate the following lawyers named to the 2025 The Best Lawyers in America list: Bonnie M. Boryca - Appellate Practice and Commercial Litigation Daniel I. Dittman - Trusts and Estates William T. Foley – Corporate Law & Commercial Litigation Matthew V. Rusch - Litigation – Insurance About... Erickson Sederstrom is excited to announce that two of our lawyers have been recognized in the 2025 edition of Best Lawyers: Ones to Watch® in America. Best Lawyers: Ones to Watch in America acknowledges associates and other lawyers early in their careers for their exceptional professional excellence in private practice in the United States. Lawyers recognized in Best Lawyers: Ones to Watch in America are categorized by geographic region and practice areas. Candidates can only be considered for one recognition at a time, either “Ones to Watch” or traditional Best Lawyers awards. All hopeful candidates must be nominated, vetted by their peers, and undergo an authentication process before they are recognized by Best Lawyers. The rigorous selection process ensures that recognition by Best Lawyers is considered a singular distinction. Erickson Sederstrom is proud to congratulate the following lawyers recognized in the 2025 edition of Best Lawyers: Ones to Watch in America: Matthew D. Quandt - Personal Injury Litigation - Defendants and Transportation Law Matthew B. Reilly - Construction Law and Personal Injury Litigation – Defendants About Best Lawyers Best Lawyers is the oldest and most respected lawyer ranking service in the world. For 40 years, Best Lawyers has assisted those in need of legal services to identify the lawyers best qualified to represent them in distant jurisdictions or unfamiliar specialties. Best Lawyers awards are published in leading local, regional and national publications across the globe. Lawyers who are nominated for consideration are voted on by currently recognized Best Lawyers working... On August 6, 2024, the Nebraska Supreme Court relied on the Ministerial Exception to decide a case between a priest and his employer (See Syring v. Archdiocese of Omaha, 317 Neb. 195). In 2013, an allegation was made against Catholic priest Andrew J. Syring of the Archdiocese of Omaha that Syring had taken part in sexual misconduct with a minor. After a thorough investigation by law enforcement and a retired federal agent, “no wrongdoing was identified. ” Many evaluations were done on Syring in two different treatment facilities, which all concluded that Syring had a “normal” profile and that there was “no indication that he would want to hurt anyone. ” It was also determined through testing that he was not a pedophile. Syring kept his job as a priest for some time regardless of the 2013 allegations. However, in October 2018, the Archdiocese effectively fired Syring by removing him from public ministry. The church had been facing criticisms that spurned it to make personnel changes and to place a public list on the church’s website of those who had claims against them of conducting sexual abuse/misconduct. Syring attempted to get a new job as a chaplain for a private hospital that was religiously associated with the Archdiocese, but he failed. He was forbidden by the Archdiocese to work at the hospital due to the reasonable chance that he would interact with minors. Syring sued the Archdiocese in 2020 and alleged that it was liable for defamation, tortious interference with... We welcome Stephanie Heinke to the Erickson Sederstrom law firm team. Stephanie is a dedicated and motivated legal professional with a wealth of experience from her 21-year tenure with the United States Air Force. Stephanie's unique qualifications stem from her service as a U. S. Air Force Judge Advocate General's Corps paralegal. Her extensive experience in Military Justice, Administrative Law, Claims, Legal Assistance, and Legal Operations Management, coupled with her leadership as a Master Sergeant, make her a standout addition to our team. As a Legal Operations Manager, Stephanie directed operations for large teams, managed compliance programs, oversaw budgets, and implemented training initiatives. Her expertise in audit and compliance, budget management, and team leadership will be invaluable to our firm. Stephanie's dedication to her profession and her proven experience as an Air Force Veteran make her a valuable addition to our team. We are excited about the contributions she will bring to Erickson Sederstrom. Please join us in giving Stephanie Heinke a warm welcome! On July 12, 2024, the Nebraska Supreme Court clarified the standard for special litigation committee investigations in derivative actions involving limited liability companies, an issue of first impression in Nebraska. A derivative action is one brought by shareholders on behalf of a corporation that asserts a wrong against that corporation. Under Neb. Rev. Stat § 21-168, when a limited liability company (“LLC”) is involved in a derivative proceeding, the LLC may appoint a special litigation committee (“SLC”) to investigate the matter to determine whether pursuing the action is in the best interests of the LLC. The SLC has the burden of showing its investigation was conducted independently, in good faith, and with reasonable care. If the Court determines the SLC met this burden, it must enforce the SLC’s recommendation as to whether the litigation should continue or be settled out of court. In Tegra Corp v. Boeshart, 317 Neb. 100 (Neb. 2024), the Nebraska Supreme Court found that the SLC appointed by Boeshart had failed to use reasonable care in investigating Tegra Corp’s claims of breach of fiduciary duty and misappropriation of corporate assets. In this case, both Tegra Corp and Patrick and Sandra Boeshart own interests in Lite-Form Technologies, LLC (the “LLC”). Tegra Corp brought a derivative action against the Boesharts on behalf of the LLC. Pursuant to § 21-168, Patrick Boeshart appointed Cody Carse as a single-member SLC. The district court was satisfied with the SLC’s investigation and dismissed all claims against the Boesharts according to the SLC’s... The Nebraska Court of Appeals recently considered whether to sever and vacate part of an arbitration award in a dispute brought to arbitration by a property owner against a general contractor and plumbing subcontractor. In February 2017, Lund-Ross Constructors and the Duke of Omaha agreed Lund-Ross would be the general contractor to build an apartment complex in Omaha. In turn, Lund-Ross subcontracted Raymond Plumbing to construct the plumbing at the apartments. Upon finishing construction of the apartments, the Duke withheld payment of $952,599 from Lund-Ross. Consequently, Lund-Ross filed a demand for arbitration against the Duke. Lund-Ross also included Raymond as a respondent since Raymond was demanding payment from Lund-Ross for its plumbing work. After the arbitration hearing in January of 2023, Raymond requested to file a counterclaim against Lund-Ross for breach of contract, breach of implied covenant of good faith and fair dealing, and quantum meruit/unjust enrichment. The arbitrator permitted the counterclaim to be filed in the arbitration proceedings and ruled on it based upon the evidence at the hearing. Lund-Ross objected since it had not had the opportunity to respond the counterclaim, but the arbitrator maintained the award notwithstanding Lund-Ross’s objection. The award: The Duke owed Lund-Ross $307,103 and Lund-Ross owed Raymond $215,508. 31. Thereafter, Lund-Ross moved to vacate or modify the arbitration award in a Nebraska district court. In its final order, the district court denied Lund-Ross's requested relief. Lund-Ross then appealed. In its appeal, Lund-Ross claimed several errors, but the primary issue considered by the Court of... Erickson Sederstrom Law Firm is proud to announce that partner Matt Quandt was selected to the 2024 Great Plains Super Lawyers list. This exclusive list recognizes no more than the top five percent of attorneys in Nebraska, Iowa, South Dakota, and North Dakota.  Super Lawyers, part of Thomson Reuters, is a research-driven, peer-influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Attorneys are selected from more than 70 practice areas and all firm sizes, assuring a credible and relevant annual list. The annual selections are made using a patented multiphase process that includes:• Peer nominations• Independent research by Super Lawyers• Evaluations from a highly credentialed panel of attorneysThe objective of Super Lawyers is to create a credible, comprehensive, and diverse listing of exceptional attorneys to be used as a resource for both referring attorneys and consumers seeking legal counsel. Please join us in congratulating Matt on his selection. For more information about Super Lawyers, go to superlawyers. com. Becoming an attorney offers significant career flexibility and provides numerous opportunities and choices regarding the type of law you practice and where you practice it. However, no matter what type of law you practice, the legal profession is renowned for its demanding nature and high-stakes environment. Lawyers often work long hours under significant pressure, face challenging cases, and attempt to meet high expectations. These pressures can take a toll on mental health and lead to anxiety, depression, substance abuse, and burnout. Common Mental Health Issues in the Legal ProfessionWith the unique challenges posed by the legal profession, many lawyers struggle with their mental health. Anxiety and depression are the most prevalent mental health conditions among legal professionals. A John Hopkins study found that among over 100 occupations, lawyers have the highest rate of depression. This fact may be attributable to the skills and traits attorneys must possess in order to be successful. According to Rachel Fry, a clinical psychologist in Birmingham, Alabama, who was recently quoted in an ABA Journal report, “Lawyers tend to score higher in pessimistic thinking, which often results in higher success rates and becoming a better lawyer. However, this type of thinking is also highly correlated with depression. ” In other words, the qualities that make a person a good lawyer can also contribute to depression. Additionally, substance abuse and addiction are significant issues within the legal community. A 2016 ABA and Hazelden Betty Ford Foundation Study revealed high rates of substance use within the legal... In 2023, the Copyright Office launched an initiative to explore the copyright issues created by AI-generated content, including whether AI-generated work is copyrightable. The Copyright Office announced their examination in the Federal Register in August 2023 and received thousands of comments in response. This year, the Copyright Office intends to release its interpretations of copyright law as it relates to the emerging technology in the realm of generative AI. As creators wait for the full report, many new developments in copyright law shed light on the relevant issues. AI is powerful. It can reproduce copyrighted works, like music and digital art, replicate voices and likenesses, and generate material when prompted by a user. Further, AI is trained on a massive body of work, much of which is protected by copyright requiring licensing for commercial use. Federal Courts must decide how to enforce copyrights, protect artists, and promote innovation against the backdrop of constantly evolving technology. For example, in late 2023, publisher and copyright-holder the New York Times brought suit against OpenAI, the owner of Chat-GPT, for copyright infringement. Specifically, the New York Times alleged that OpenAI used millions of its articles to train ChatGPT without obtaining a license for such use. Recently, OpenAI made a discovery request to the New York Times seeking reporter notes and memos related to each article to prove the publisher has a valid copyright in every single article in question. This ongoing case will have far-reaching implications for how AI models can be trained and... Elisban Bazan v. Elite Fleet Hauling LLC & Eric GonserCass County, NebraskaJudge Michael SmithCI 22-31 Last week, Matt Quandt and Tom Culhane defended a trucking company and driver at trial in Cass County, Nebraska. The rearend accident occurred on Interstate 80 in January 2020.  Plaintiff Bazan was represented by Pesek Law LLC. In discovery, they alleged $12,509,424 in total damages. They alleged a traumatic brain injury, chronic post-traumatic headaches, and a permanent neck injury. One week before trial, they proposed a $3,500,000-1,500,000 high-low agreement. At trial, Plaintiff’s counsel put on over two days of evidence, including four fact witnesses and three medical experts, and asked for over $2,010,000 million in closing.  One week before trial, defendants offered $70,000. At trial, Matt and Tom admitted liability, put on less than two hours of evidence, and suggested $45,000.  After only two hours of deliberation, the unanimous jury returned a verdict for only $100,000. In the recent decision, Perkins County Board of Equalization v. Mid America Agri Products/Wheatland Industries, LLC, The Nebraska Supreme Court dismissed a judicial review request from the Perkins County Board of Equalization ("the Board"), finding it lacked jurisdiction on the issue. The request followed an unfavorable outcome from a previous decision by the Tax Equalization and Review Commission (TERC). The Board appealed TERC's decision based on Neb. Rev. Stat. § 77-5019. Wheatland owns real property in Perkins County that was improved with ethanol production facilities. In 2018, 2019, and 2020, Wheatland protested the valuations of the property set by the Perkins County assessor. The Board denied the original protests and Wheatland appealed the Board's decision to TERC. In 2023, TERC reversed the Board's original decision and lowered the Perkins County assessor's valuation for each of the three years contested. Following TERC's decision, the Board requested a judicial review of the administrative decision. The Board filed the petition in the Court of Appeals on February 16, 2023. That same day, the Board paid the docket fee and filed a praecipe with the Court's Clerk for a summons; the summons was issued the same day. The Board mailed the summons on February 22 and received a notification of the delivery taking place on March 29, forty-one days after filing the petition. Additionally, a courtesy copy of the summons was emailed to Wheatland's counsel. On February 23, Wheatland's counsel filed an appearance of counsel and a "Response to Petition for Review" addressing the... In the case of D&M Roofing & Siding v. Distribution, Inc. , the Nebraska Supreme Court considered a procedural question on final judgments and appeals. D&M Roofing & Siding, the appellant, entered into a contract with Distribution, Inc. , the appellee, to repair hail damage to the roof of a warehouse owned by Distribution. These repairs were subject to an insurance claim in which Distribution would pay D&M the approved claim amount. D&M alleged Distribution breached their agreement by canceling the contract and hiring a different company to repair the hail damage. This breach of contract led both parties to file a motion for summary judgment. When a trial court grants summary judgment in Nebraska, the case is considered complete and adjudicated. The trial court awards rights and relief to the party whose motion for summary judgment is granted. The trial court overruled D&M's motion for summary judgment and granted Distribution's motion for summary judgment in part. The court held that D&M was limited only to breach-of-contract damages stipulated in the contract. Although summary judgment was partially granted, the court's order did not express the parties' rights nor release any relief to the damaged party in a single document. The Nebraska Supreme Court was presented with the issue of what constitutes a final judgment. Nebraska law requires that for there to be appellate jurisdiction, there must be a judgment rendered, a decree issued, or a final order from the trial court. The Supreme Court explained a final judgment is proper... On June 28, 2024, the United States Supreme Court ruled that courts must "exercise their independent judgment" when interpreting federal statutes and may no longer deference to agency interpretations simply because a statute is ambiguous. This ruling will substantially reduce the power of administrative agencies to exceed the boundaries of the authority granted to them by Congress and will ultimately reduce the regulatory burden on businesses and consumers alike. The landmark rulings of Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce overruled the Chevron doctrine that had been the law since 1984. Under Chevron, if a statute's meaning is ambiguous, a court reviewing an agency's action must defer to the agency's interpretation so long as it is reasonable, even if the Court would have chosen an alternative interpretation. But, as Chief Justice Roberts notes in his opinion in Loper Bright, Chevron is based on ambiguity, which has always evaded meaningful definition. Loper Bright involved the Magnuson-Stevens Act, a law passed to address rampant unregulated offshore overfishing. This Act gave the National Marine Fisheries Service (NMFS) authority to require observers on board certain fishing vessels to collect data and ensure compliance with regulations. As an exercise of this authority, the NMFS enacted regulations that required some fishing operations to host and pay for such an observer. In this case, the fisheries would be required to pay the observer a salary of about $710 per day. The petitioners in Loper Bright, four small family-operated fisheries in New England, challenged the regulation. They argued the Magnuson-Stevens Act did not authorize the... Life as a law clerk at Erickson Sederstrom varies greatly from day to day. From dense contractual conflicts to arcane procedural problems, the assignments I have been given challenge my legal abilities and communication skills. By mid-morning on Monday, the clerks finish projects from the previous week or are given new projects to delve into. As the week progresses, attorneys will ask us to join them at hearings, site visits, or client consultations. Often, these activities lead to additional projects for us to work on. These are the most gratifying tasks to complete. Being able to meet clients and apply legal theory to real cases is one of the best parts of joining the Erickson Sederstrom team. I learned early this summer the firm encourages an open-door policy. Associate and partner attorneys alike invite clerks to ask questions to tackle legal issues that will make a difference in our client’s cases. In addition, Erickson Sederstrom is not afraid to give difficult, nuanced questions to its clerks. For example, within the first two weeks, I was asked to research claims we might have against a bank for withholding client funds. These claims changed depending on the jurisdiction we could sue in. I was asked to analyze the law in federal and state courts to determine which jurisdiction we would have the best chance to succeed in. The attorneys had me present my findings and discuss the pros and cons of filing suit in a particular jurisdiction. Clerks at Erickson Sederstrom are... In the case of "In re Michael Hessler Living Trust," the Nebraska Supreme Court interpreted directives concerning inheritance tax allocation as specified in a living trust formed by the decedent, Michael Hessler. The appellants, Hessler's children, contested the trustee's decisions regarding the distribution of the trust's assets and the payment of inheritance taxes, especially about a significant property granted to the decedent's girlfriend, Lori J. Miller. Michael Hessler established a living trust in 2006, with subsequent amendments, notably one that explicitly bequeathed his residence to his girlfriend, Lori J. Miller, provided she lived there at the time of his death. Following Hessler's death in November 2020, disagreements emerged over who should bear the burden of inheritance taxes. Specifically, the dispute centered on whether these taxes should be equally apportioned among all beneficiaries or paid from the trust's residue as directed by the trust's provisions. Hessler's children filed a petition against the trustee and Miller, asserting that inheritance taxes and administrative expenses related to the residence should be charged against Miller's share. The trustee moved the case to Scotts Bluff County, asserting that the trust was registered there, a move that the children later contested. Ultimately, the Court upheld the venue transfer. The Nebraska Supreme Court addressed several critical issues in this case:Venue Transfer: The Court upheld the venue transfer, stating it was within the trial court's discretion and justified by the trust's registration in Scotts Bluff County. Inheritance Tax Apportionment: A central issue was the interpretation of the trust's language... As of April 2023, there are an estimated 4. 8 billion social media users worldwide, representing 59. 9% of the global population and 92. 7% of all internet users. 1 Social media has become a daily staple in most Americans' lives. Users post daily routines, provide hourly updates on their activities, and detail countless other thoughts, updates, blogs, etc. This also includes references and information regarding their employment and activities related to their job. The average time spent on social media daily is 2 hours and 24 minutes, and the world collectively spends about 11. 5 billion hours on social media daily. 2 In addition to employee engagement on social media, employers have also become widely involved. According to Forbes, the social media app market in 2022 was valued at $49. 09 billion. 3 Most major brands and companies today maintain multiple social media accounts and advertise consistently on social media platforms. In fact, the total ad spending on social media platforms is projected to reach $219. 8 billion in 2024. 4 These staggering numbers show that social media usage is continuing to grow despite the already massive engagement. As such, employee and employer actions on social media will continue to impact the workforce moving forward significantly. This article will discuss some critical considerations for employers and employees to keep in mind while using and interacting on the numerous social media platforms now available to the public. Legal Impacts: Liability from Corporate Speech on Social MediaAs referenced above, most major... Strategies for fostering an inclusive workplace culture while ensuring compliance with relevant laws and regulations. The benefits of fostering a diverse work environment are undeniable: it can lead to higher productivity, greater financial success, and a better culture for employees overall. More companies are pushing policies and procedures that would increase the diversity of their workforce. However, the policies and procedures must be tailored to ensure compliance with non-discrimination laws. Below are a few strategies an employer can use to achieve the balance of fostering an inclusive environment while also adhering to legal requirements. Understand the Legal RequirementsIn order to effectively balance diversity, equity, and inclusion (“DEI”) policies that are compliant with relevant laws, it’s crucial to understand what exactly the laws require of employers. Laws impacting DEI include Equal Employment Opportunity (“EEO”) laws, anti-discrimination laws, and accessibility laws. While coming at them from different points of view, these laws each prevent various types of discrimination in the workplace, including the application/hiring process, actual employment, and termination of employees. More and more relevant statutes are being passed, so it’s empowering to stay up to date on legislation and have a clear understanding of what compliance looks like under the relevant authority. Training and EducationOnce the employer understands the legal requirements, it’s important that this knowledge is distributed throughout the organization. Providing regular training to employees and managers on not only the laws but also DEI principles will ensure compliance at each level. This step is vital for any employee at... On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule prohibiting specific non-competition clauses (the “Rule”), which is located here. The Rule goes into effect September 4, 2024, but enforcement could be delayed pending legal challenges to the Rule. Who does the Rule apply to? The Rule applies to “workers,” which is defined broadly to include an “employee, independent contractor, extern, intern, volunteer, apprentice, or a sole proprietor. ” “Worker” also consists of a person who works for a franchisee or franchisor but expressly excludes a franchisee in its relationship with a franchisor. However, there is a crucial difference between “workers” and “senior executives. ” “Senior executives” are defined as a worker who:1. Was in a policy-making position; and2. Received from a person for employment:a. Total annual compensation of at least $151,164 in the preceding year; orb. Total compensation of at least $151,164 when annualized in the preceding year before the worker’s departure if the worker left their employment before the preceding year and is subject to a non-competition clause. The Rule defines “policy-making position” to specifically include a president, chief executive officer or equivalent, or anyone with policy-making authority. What does the Rule prohibit? The Rule prohibits employers from entering into, attempting to enter into, enforcing or attempting to enforce a non-compete clause, or representing that a worker is subject to a non-compete clause. A “non-compete clause” is broadly defined to include a term that “prohibits a worker from, penalizes a worker for, or functions to... Harassment and discrimination of any kind have no place in the workplace. However, workplace harassment and discrimination are significant concerns that have been present in many industries and organizations. Despite recent increases in attention to these issues, they continue to persist. As an employer, you are legally obligated to provide a work environment free from intimidation, insult, or ridicule based on race, color, religion, gender, or national origin. What is Workplace Harassment? Harassment is defined as verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of that person’s race, skin, color, religion, gender, national origin, age, or disability. It further serves the purpose or effect of unreasonably interfering with the individual’s work performance. Conduct itself can take many forms, such as epithets, slurs, stereotyping, jokes, and pranks that are hostile or demeaning or written or graphic material that denigrates or shows hostility towards a particular individual or group. What if it was just a joke? Employees who engage in harassing conduct often will use the defense that “it was just a joke. ” In situations where you are trying to determine if some conduct that has taken place is harassing conduct, the way to decide it is to use the “reasonable person” standard. In layperson’s terms, it refers to a hypothetically reasonable person with a reasonable way of interpreting and reacting to a situation of harassment. The reasonable person standard aims to avoid the potential for parties to claim they suffered harassment when most... In the intricate landscape of legal guardianship, where the rights and well-being of individuals intersect with statutory interpretation and evidentiary standards, the recent decision by the Nebraska Supreme Court in In re Guardianship of Patrick W. stands as a significant reference point. This case delves into guardianship laws' complexities, providing invaluable insights for legal professionals and individuals grappling with similar circumstances. The appellant, Patrick W. , disputed the county court's decision to appoint a permanent guardian due to his incapacitation. The appellate review in probate cases centers on the conformity of lower court decisions to legal standards, backed by competent evidence and free from uncertainty. The case also touches on statutory interpretation, specifically concerning the admissibility of evidence in guardianship disputes under Nebraska statutes. Patrick W. suffered a debilitating stroke in 2009, leading to a series of interventions by Adult Protective Services (APS) due to concerns about his ability to manage his medical needs and finances. In 2022, Becky Stamp filed for guardianship, asserting Patrick's incapacity due to the lasting effects of his stroke. The petition was contested by Patrick, who later appointed his cousin, Terry Crandall, as his temporary guardian. The case underwent an evidentiary hearing where multiple witnesses testified, and several documents were presented, including a contested neuropsychological report assessing Patrick’s mental and cognitive abilities. After evaluating all evidence, the county court affirmed Patrick's incapacitation and the necessity of a permanent guardian. The focal point of the appeal was the admissibility of the neuropsychological report, which Patrick’s legal... In the recent decision, Thiele v. Select Medical Corp. , the Nebraska Supreme Court overturned the denial of a woman's workers' compensation claim for a COVID-19 infection. Christine Thiele contracted COVID-19 in April 2020 while working as a nurse liaison at a critical care recovery hospital in Omaha. Thiele filed a Petition in the Nebraska Workers' Compensation Court alleging that COVID-19 is an occupational disease caused by her work and that she is entitled to benefits as a result of her exposure. "Occupational disease" is defined in Section 48-151(3) as "disease which is due to causes and conditions which are characteristic of and peculiar to a particular trade, occupation, process, or employment, and excludes all ordinary diseases of life to which the general public is exposed. "Initially, the Nebraska Workers Compensation Board denied her claim, ruling that COVID-19 was not to be considered an occupational disease. However, Thiel appealed, and the Nebraska Supreme Court reversed the dismissal of her case, finding that COVID-19 was still rare enough to be considered a particular risk for healthcare workers at the time of symptoms' contraction. The Court's decision was split 4-3, with three justices endorsing one opinion considered the lead opinion; the result was that the trial judge should not have dismissed Thiel's claim and allowed the case to proceed to trial. Three justices dissented with the reasoning and result of the lead opinion. Ultimately, this decision does not resolve the ongoing debate about whether COVID-19 can be considered an occupational disease under the Nebraska Workers' Compensation Act.... Yesterday, the FTC issued a significant rule regarding non-compete agreements. This is a nationally applicable rule. In a nutshell, the FTC's rule aims to bring more transparency and fairness to non-compete agreements, ensuring they're used appropriately and not to stifle competition or restrict an employee's ability to change jobs. While this is a new rule nationally, any stricter rules under state law will still apply to those under such a state's jurisdiction. Here are the basics to know about the new federal rule:Non-competes must be tailored to protect legitimate business interests. They should be disclosed before a job offer is accepted. Employees should have ample time to review and seek legal advice. Unreasonable restrictions could face scrutiny. Employers should review past non-compete agreements and may need to notify employees of the new rule's effect on them. The rule goes into effect in 120 days. We expect legal challenges to be filed in federal courts to invalidate or limit this new rule, so stay tuned! Nebraska employers who are abiding by Nebraska legal requirements for their non-compete and non-solicitation agreements are likely already compliant with this new federal rule. Nebraska has long required that non-competes be narrowly focused, permitting employers to prohibit from soliciting customers, clients, vendors, and employees for a limited period after their departure. Nebraska courts will not enforce generalized non-competes that amount to industry bans. Of course, some nuances could affect a particular employer or employee differently, and legal advice should always be sought. The FTC's press release is available here: FTC... The United States Department of Labor (the “Department”) has published a final rule regarding the analysis of who constitutes an employee or independent contractor under the Fair Labor Standards Act (“FLSA”), which goes into effect on March 11, 2024 (the “Rule”). The Rule rescinds the Department’s 2021 rule titled “Independent Contractor Status Under the Fair Labor Standards Act” (the “2021 Rule”). BackgroundGenerally, the FLSA establishes standards for the treatment of employees, including wage requirements, overtime pay, recordkeeping, prohibitions against retaliation, and youth employment standards. The protections of the FLSA do not apply to independent contractors and its requirements only apply to “covered employers. ” For more information on the FLSA, you can visit the Department’s website here. The main inquiry in analyzing whether a worker is an employee or an independent contractor is one of economic dependence, which means that a worker is an independent contractor if that worker is in business for themselves as a matter of economic reality. The Rule provides six factors to be weighed in making that determination: (1) opportunity for profit or loss depending on managerial skill; (2) investments by the worker and the potential employer; (3) the degree of permanence of the work relationship; (4) the nature and degree of control; (5) the extent to which the work performed is an integral part of the potential employer’s business; and (6) skill and initiative. As opposed to the 2021 Rule, which gave certain factors more weight than others, the Rule provides for a totality-of-the-circumstances analysis,... Employers who employ more than 15 individuals are legally obligated to provide reasonable accommodations for an employee with a qualifying disability. However, many employers are often left wondering what a “reasonable accommodation” is. According to the EEOC, a reasonable accommodation is “any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process to perform the essential functions of a job or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities. ” What this looks like will depend on multiple factors, such as the job requirements and the required level of accommodations. An employer is not required to provide a reasonable accommodation if it would cause an undue hardship. An undue hardship occurs when an accommodation is unduly costly, extensive, substantial or disruptive, or would fundamentally alter the operation of the business. Whether or not something amounts to an undue hardship will also depend on multiple factors, such as the accommodation cost, the employer’s size, and the employer’s financial resources. When we take a closer look at what constitutes a “reasonable accommodation,” we can break them down into categories: (1) modifications or adjustments to a job application process, (2) modifications or adjustments to the work environment, or (3) modifications or adjustments that enable a covered entity’s employee with a disability to enjoy equal benefits and privileges of employment as enjoyed by other similarly situated employees without a disability. No... Advancements in technology, specifically advancement in computer systems and their capabilities, have been key in driving and improving productivity in the workplace and are a vital reason we as a society have advanced so much in the past couple of decades. Artificial intelligence (AI) is a newer development in this area. Many people have preconceived notions of what AI is but have yet to learn how it works or the practical use of AI. In this article, we will explain what AI is, how it works, how it can be used in the workplace, and the dangers of using AI, specifically focusing on the benefits and risks AI poses to an employer. WHAT IS AI AND HOW DOES IT WORK? IBM defines AI as technology that enables computers and machines to simulate human intelligence and problem-solving capabilities. This technology has recently been used to create artificial intelligence programs that generate dialogue when given prompts. One such example of this technology is Chat GPT, an AI chatbot that uses machine learning algorithms to process and analyze large amounts of data. Chat GPT was created and released in 2022 by Open AI—a US company headquartered in San Francisco, California. Open AI was initially founded as a nonprofit company but restructured into a “capped profit” company in 2019, with the original non-profit entity controlling the new for-profit subsidiary. Open AI states they are an “AI research and development company” with the mission to ensure that “artificial general intelligence benefits all of humanity. ”... Earlier this year, three bills were introduced to the Nebraska Legislature, which may have lasting effects on employers. Bill 961- Non-Compete ClausesFirst, Legislative Bill 961 was introduced, which would prohibit non-compete clauses for lower-wage employees. This follows the U. S. Federal Trade Commission’s 2023 proposal to ban all non-compete clauses in employment contracts. Unlike the US FTC’s proposal, LB 961 would only prohibit non-compete clauses for “lower wage -employees,” meaning employees who earn no more than one hundred thousand dollars annually. A non-compete clause is a contractual term between an employer and an employee that forbids an employee from working for a competing employer or starting a rival company/business. Typically, this applies within a particular geographic area and for a specific period of time after the worker’s employment ends. Firms use non-compete clauses to protect their interests, including confidential information such as trade secrets and customer identities. However, many find the non-compete clauses to be an unfair method of competition. Now, what does this mean for employers? If this bill were to pass, there could be several effects on employers who use non-compete clauses. First, employers will need to investigate the measures in place to protect sensitive data and information. Without a non-compete clause, employers will likely need to limit access to company information and bolster employees' confidentiality agreements. Employers may also expect a need to increase salaries to keep employees from “shopping around. ” However, there may be positive effects for employers. If non-compete agreements become prohibited, employers have... Embarking on a full-time government externship with Representative Don Bacon's office in the heart of Washington, D. C. , has been an enlightening and transformative experience. Throughout this journey, I interacted with diverse individuals, delved into constitutional law and agricultural policy, and witnessed Congress's inner workings firsthand. My days were filled with encounters, from engaging with Representative Bacon's constituents and lobbyists to collaborating with congressional staffers. This experience broadened my understanding of legislative processes and honed my legal analysis and writing skills through in-depth research on constitutional law and agricultural policy. The opportunity to review congressional bills and analyze recent Supreme Court cases provided a practical application of my academic knowledge. One of my responsibilities included crafting tweets for Representative Bacon, which challenged me to distill complex issues into concise and impactful messages. Additionally, taking detailed notes during congressional hearings and speeches enhanced my ability to synthesize information quickly and effectively. Beyond professional development, exploring the historical city became integral to my learning. Familiarizing myself with the U. S. Capitol and its iconic Visitor Center added a tangible dimension to my understanding of American governance. While on the Hill, I witnessed lively debates among members of Congress on crucial policy issues. The opportunity to explore congressional offices and meet prominent figures such as Bill Nye and Gregory Marcus ( of Marcus Theaters) added a layer of inspiration to my experience. Beyond the political realm, my time outside the office was equally enriching as I immersed myself in the cultural tapestry... Congratulations to partner Matt Rusch regarding a recent Nebraska Supreme Court victory, Griffith v. LG Chem et al. The Court affirmed the Lancaster County District Court’s grant of summary judgment in favor of Erickson Sederstrom clients. The case involved a conflict of law issues between Nebraska and Pennsylvania regarding the application of the states’ conflicting statutes of limitation. Background: The case centered around John Griffith's injuries sustained while replacing electronic cigarette batteries at his home in Pennsylvania. He had purchased the batteries at a truck stop in Nebraska. LG Chem and LGCAI were alleged to be the manufacturers of the batteries. The Griffiths filed suit against LG Chem, LGCAI, Shoemaker’s, and E-Titan, alleging negligence, product liability, breach of warranty, and loss of consortium. ES Law represented Shoemaker’s and E-Titan, while LG Chem and LGCAI were represented by other counsel. Key issues included conflicting statutes of limitations from Pennsylvania and Nebraska and a challenge to personal jurisdiction over LGCAI. The case was filed in Nebraska more than 2 years after Mr. Griffith received his injuries. Shoemaker’s and E-Titan sought summary judgment, contending that Griffith’s claims were time-barred under Pennsylvania's 2-year limitation period. The Griffiths argued that Nebraska’s 4-year statute of limitations applied. The district court determined that an actual conflict existed between the two states' laws and that the 2-year Pennsylvania statute of limitations applied, resulting in dismissal of all claims against Shoemaker’s and E-Titan. The district court also dismissed LG Chem and LGCAI from the case, citing a lack of personal jurisdiction.... Effective January 1, 2024, the Corporate Transparency Act and its corresponding regulations (the “CTA”) requires certain entities created or registered to do business in the United States to disclose certain company information to the Financial Crimes Enforcement Network, a bureau of the United States Department of Treasury. This information, referred to as Beneficial Ownership Information, must be filed online at the Financial Crimes Enforcement Network website. Companies that are required to report are referred to as “Reporting Companies. ” Generally, all companies are Reporting Companies unless they fit into one of the 23 exemptions provided by the CTA. The report requires certain information about the Reporting Company and its Beneficial Owners, as defined by the CTA. For Reporting Companies formed prior to January 1, 2024, the report must be filed before January 1, 2025. For Reporting Companies formed in 2024, the report must be filed within 90 days of the Reporting Company receiving notice of its formation. Reporting Companies formed after 2024 will have 30 days from the Reporting Company receiving notice of its formation to file the report. The report is only required to be filed one time. However, if there is any change to the required information, an updated report must be filed within 30 days of such change. These changes include, but are not limited to, the name of the company (including a new trade name), a change in Beneficial Owners, a change to a Beneficial Owner’s name, address, or unique identifying number (including a change to... Omaha Estate Attorney Callie G. Williams We are delighted to introduce Callie Williams, the latest addition to our estate team. With a wealth of experience and a unique perspective, Callie brings fresh energy and valuable insights to our firm. Beyond the general opportunity to experience the realities of being a practicing attorney, Williams is looking forward to learning from the highly esteemed attorneys of Erickson Sederstrom, the prospect of contributing positively to clients and the Greater Omaha community, and the opportunity to discover her niche within the practice. A graduate of the University of Nebraska Omaha and the University of Missouri-Kansas City School of Law, her past experiences will undoubtedly contribute to her future success in law. Active in various legal associations, including the Treasurer position for the Nebraska State Bar Association's Real Estate, Probate, and Trust Law section, Callie is not just a legal professional but a dedicated advocate for positive change. She serves on the Board of Directors for Ambassadors Worship Center and is actively engaged in community service. “As a minority, I understand the importance of diversity and inclusion, and I am committed to promoting these values in the workplace. My journey as the first attorney in my family reflects my ability to break barriers and navigate uncharted territory, demonstrating adaptability and a strong work ethic. The challenges I have overcome have honed my problem-solving skills and tenacity, qualities that will undoubtedly serve me well in addressing complex legal matters,” shared Williams. Please join us in extending... Matthew D. Quandt We're delighted to announce that partner Matt Quandt was appointed to the NDCA Board of Directors! The Nebraska Defense Counsel Association is comprised of approximately 200 Nebraska defense attorneys, practicing in state and federal courts. It’s mission is to enhance the knowledge and skills of its members and members' clients through educational programming and the exchange of information, ideas, and litigation techniques and to promote the highest standards of professionalism, civility and courtesy in litigation. This appointment is a testament to Matt's contributions to the legal community and his dedication to civil defense. Matt is a key member of Erickson Sederstrom’s experienced litigation group. His practice concentrates on trucking accidents, including wrongful death and personal injury; he represents some of the biggest motor carriers and insurers in the nation.  We extend our heartfelt congratulations to Matt on this well-deserved achievement.   Summer Law Clerk, Emily Todd, shares her experience clerking with Omaha law firm, Erickson Sederstrom Erickson Sederstrom Law Clerk- Emily Todd Summer clerkships are a rite of passage for law students, providing a unique opportunity to step outside the classroom and into the real world of legal practice. I was fortunate enough to kick-start my legal profession with Erickson Sederstrom. My experience as a clerk has not only allowed me to witness the inner workings of a law firm but has also provided me with invaluable insights into the legal industry. This clerkship has provided me with challenges and rewards as my classroom knowledge was put to the test and expanded. The projects I was given over the summer forced me to think critically, adapt quickly, and work collaboratively. Throughout the summer, I was introduced to a variety of practice areas, such as workers’ compensation, insurance defense, and aviation. These practice areas allowed me to narrow my interests as well as develop critical legal skills. The work I was assigned afforded me the opportunity to attend depositions, mediations, and hearings. One of the most valuable aspects of my clerkship was the opportunity to interact with clients. I could participate in client meetings and see the importance of effective communication firsthand. Client interactions provided me with a holistic perspective of the legal profession that is easily overlooked in a classroom setting. My typical day during the summer was filled with document drafting, research, and collaborative meetings with attorneys. I received constant support and guidance from all of the attorneys and staff at Erickson Sederstrom. During the... In a recent estate case, the Nebraska Supreme Court applied a hearsay exception to allow the decedent's prior will as evidence of her testamentary capacity to execute the will contested by one of her sons.  In the Estate of Walker, the decedent, Rita Walker, died at the age of 84 and left her estate to Mark Walker, her son, naming him sole beneficiary and personal representative. Rita's will excluded her three other sons. Michael Walker, one of these sons, sued to contest the will on the grounds that Rita lacked testamentary capacity to execute the will, which was executed on September 15, 2021, eleven days before her death. Michael alleged Rita was unduly influenced to execute the will. Undue influence can invalidate a will or contract when one party is unable to exercise his or her independent volition freely. The county court determined the will was the product of undue influence and ordered that Rita's property proceed intestate, appointing Michael as personal representative. However, on appeal, the Nebraska Supreme Court held that the lower court erred in excluding evidence of Rita's prior will, signed in February of 2016. While this document was hearsay because it was not a statement of Mark himself, it fell within a hearsay exception and was relevant. The prior will served to demonstrate Rita's "constant and abiding scheme" for her property and was relevant to Rita's testamentary capacity at the time of the subsequent will's execution. Therefore, the Nebraska Supreme Court reversed the lower court's rejection... Partner Heather Veik successfully defended an employer before the Nebraska Supreme Court against tort claims pursued by an employee following injuries sustained at work. The employee asserted claims for assault and intentional infliction of emotional distress in district court after she suffered injuries during a training drill at work. The district court dismissed the employee’s claims, concluding that the Nebraska Workers’ Compensation Act provided the employee her exclusive remedy, therefore barring her from pursuing tort claims in district court. The Nebraska Supreme Court recently affirmed the dismissal of the employee’s claims, reaffirming that the Nebraska Workers’ Compensation Act provides the employee’s exclusive remedy for her injuries. According to the Nebraska Supreme Court, when workers’ compensation is an employee’s exclusive remedy the employee cannot assert tort theories of recovery against his or her employer in district court. This rule applies even when an employee claims that his or her employer acted with specific intent to cause injury. In its decision, the Nebraska Supreme Court rejected the employee’s request to narrow the exclusivity rule and also rejected the employee’s argument that the dismissal of her claims violated public policy. Lopez v. Catholic Charities, 315 Neb. 617 (2023) As the end of the year approaches, many companies are preparing for their annual performance evaluations. Many employers find these evaluations as an opportunity to provide adequate feedback to each person on his or her own performance and to serve as a basis for modifying or changing behavior toward more effective working habits. While these evaluations may seem like a positive tool to increase an employee’s performance, employers must understand that legal risks can arise as a result of the evaluations, such as claims of discrimination. To reduce the legal risks of performance evaluations, employers should implement the following best practices:1. Selecting the reviewer: The evaluator should not have a personal or family relationship with the employees being reviewed and should evaluate only those workers in their direct line of supervision. 2. Frequency: all employees in the same job classification should be evaluated on the same time cycle. 3. Objective criteria: Employees should be evaluated on objective/measurable factors. 4. Wording: employers should be cautious about the wording used in evaluations. Always maintain a professional tone and constructively highlight both the positive and negative. 5. Self-assessments: employees should assess themselves as a part of their review process. If both the evaluator and the employee agree on improvement areas, it is easier to set performance goals. 6. Transparency: Employers should have a written document explaining the procedures for performance reviews. The document should describe the criteria used, how often reviews are done, and who will conduct the evaluations. 7. Audits: Employers should... On August 30, 2023, the United States Department of Labor (the “DOL”) announced a notice of proposed rulemaking to increase the minimum salary requirements for executive, administrative, and professional workers from the minimum wage and overtime pay requirements under the Fair Labor Standards Act (the “FLSA”). Currently, certain executive, administrative, and professional workers are exempt from minimum wage and overtime pay requirements under the FLSA if they (1) are paid on a salary basis at a rate of not less than $684 per week and (2) perform specific duties that are exempt under the FLSA and corresponding regulations. Employees who are not exempt under this test are required to be paid time-and-a-half for any hours worked more than forty hours in a week. The proposed rule raises the salary basis threshold from $684 per week, an annual salary of approximately $35,500, to $1,059 per week, an annual salary of $55,068. The proposed rule also increases the salary threshold for the highly compensated employees exemption to $143,988 annually. Further, the rule proposes an automatic update of the salary thresholds every three years in an effort to reflect current earnings statistics. According to the news release issued by the DOL, this change would extend overtime protections to an additional 3. 6 million salaried workers. Employers should review the salaries of their current employees and begin developing a plan to address these changes if they have employees whom this rule change will impact. The attorneys at Erickson Sederstrom can assist in determining how... New EEOC Proposed Guidance outlines fundamental elements of harassment in the workplace and provides clarification via hypothetical scenarios. It also incorporates recent changes in case law and topical social issues. Guidance Updates for Anti-Harassment Policy RequirementsThe Proposed Guidance clarifies, based on recent case law, that an effective anti-harassment policy should be “comprehensible to workers, including those who the employer has reason to believe might have barriers to comprehension” (e. g. , limited English proficiency), and should include:1. A definition of prohibited conduct;2. A requirement that supervisors report harassment;3. A statement that “learly identifies accessible points of contact” for reporting purposes, including contact information; and4. Explain the complaint process, including “adequate” anti-retaliation and confidentialityGuidance for Effective Anti-Harassment TrainingThe Proposed Guidance includes a “non-exhaustive” list of elements of effective training that includes: an overview of the employer’s anti-harassment policy and complaint process; examples of prohibited conduct that, “if left unchecked,” could rise to the level of harassment; information on rights for those who witness, experience, or report harassment; and information for supervisors and managers on how to “prevent, identify, stop, report, and correct harassment. ” Training should be “tailored” to the employer’s workplace and workforce, provided regularly to all employees in a “clear, easy-to-understand style and format. ”Clarification: Scope of Sex Discrimination or HarassmentThe Proposed Guidance reminds employers that discrimination and harassment based on “sex” includes harassment based on pregnancy, childbirth, and “related medical conditions. ” Taking this one step further, the EEOC states that “related medical conditions” include employees’ decisions related... Managing risks is a crucial aspect of running any successful business. Although it's impossible to eliminate all risks, creating a well-crafted risk management plan can help minimize them. The first step is to identify potential risks to design a suitable risk management plan for your business. You should take some time to reflect on the circumstances that could negatively impact your workplace and lead to liability exposure- These situations are your risks. After identifying the risks, the next step is to assess the likelihood of each risk causing an incident or injury. The probability of an incident or injury occurring will vary depending on your business. Consider the potential consequences of each incident or injury, such as sexual harassment, discrimination, bodily injury, or property damage. The goal is to protect your business from devastating lawsuits while running it successfully. Risk management can be divided into two categories: risk avoidance and risk reduction. Risk avoidance involves eliminating the circumstances or conditions that could lead to liability exposure. On the other hand, risk reduction involves taking actions to mitigate risks. When deciding on how to mitigate risks, consider a cost-benefit analysis. For example, investing in safe equipment for your employees is a risk reduction method. Work with your human resources department and legal team to identify feasible risk management techniques and establish clear policies and procedures to enforce them. Monitor the results of these policies and procedures regularly and adjust them as necessary. Litigation can be a complex and challenging process, requiring careful navigation of legal intricacies and a strategic approach to protect your interest as the defendant. Civil litigation is litigation that one person files against another person. When a person files a civil litigation suit, they will allege that the named defendant has committed a wrongful act. As such, they, the plaintiff, are entitled to recovery under the law, most commonly referred to as damages. This article will explore valuable tips and advice for defending civil litigation, helping you make informed decisions, and enhancing your chances of a favorable outcome. This article is intended to provide information and should not be interpreted as legal advice. If you are involved in a civil suit, you should consult an attorney; however, these are five general tips that may help you prepare to defend against potential litigation. 1. Anticipating LitigationLitigation or being sued rarely comes out of the blue; typically, there are warning signs that the plaintiff intends to sue you. These warning signs can come in all shapes and sizes. You may receive a letter outlining what the opposing side expects to be done by a specific date to avoid litigation. Be mindful of these warning signs and if you are experiencing this type of behavior, contact an attorney to help you start working through the situation. After assessment, the attorney may suggest you wait and see but it is important to have that initial conversation before a suit is filed and you... I have been a litigation paralegal at Erickson Sederstrom for a year and a half. After my first career as a performing artist, working in law is my ‘next act’ you might say. Growing up and as a student, I was always more drawn to classes and subjects that let me read, write, and research. When I retired from professional dance, I decided to take a chance on a new field and happened to love it as it aligned with so many of my interests and skills already. I work for 13 of our litigation attorneys in our firm, and I can honestly say every day is different. Even when I attempt to make a schedule of priorities and plan what I want to accomplish, new things arise and I am putting out small fires, so to speak, daily. While no day can necessarily be considered normal, there are tasks that I complete regularly. Most of my day is spent tending to litigation cases involving car accidents and semi-truck accident insurance defense and plaintiff’s work. I have attorneys who work both plaintiff and defense, so it is exciting and fun to shift my mindset as I work a case from start to finish. The first task I may complete in these cases is finding and requesting the police motor vehicle accident report. This contains vital information about the parties involved and the accident itself. My primary responsibility is the collection and summarization of medical records and bills. In accident litigation,... On October 25, 2023, the United States District Court for the Central District of California awarded NFT creator Yuga Labs, Inc. (“Yuga”) $1. 6 Million after counterfeits of its nonfungible tokens (NFTs) were sold online. Yuga owns the Bored Ape Yacht Club ("BAYC") collection of NFTs that feature cartoon monkeys that have sold for upwards of $3 million each at auction. The case arose from Defendants Ryder Ripps and Jeremy Cahen selling knockoff BAYC NFTs branded as "Ryder Ripps BAYC" or “RR BAYC. ” Defendants sold exact copies of the BAYC NFT images with their own unique blockchain IDs purportedly as a form of satirical commentary. However, the court did not agree that the Defendants’ conduct was an act of free speech. This case highlights the complexity of free speech as it applies to the ever-changing digital landscape. NFTs are digital assets that come in many forms, including art, music, videos, memes, gaming content, and more. NFTs are frequently traded in exchange for cryptocurrency and stored on the blockchain. While NFT values have since plummeted, the market for NFTs was valued at $40 Billion in 2021 according to Bloomberg. NFT Market Surpassed $40 Billion in 2021, New Estimate Shows - Bloomberg. In this California case, Defendants argued that RR BAYC was “satirical conceptual art” – an expressive work protected under the First Amendment. They claimed the art was aimed at bringing attention to what they believed to be racist imagery and “dog whistles” in Yuga’s art. Yuga Labs, Inc. v.... On September 28, 2023, the Environmental Protection Agency (“EPA”) released its final Toxic Substances Control Act (“TSCA”) rule containing new reporting and recordkeeping requirements for the manufacture and sale of certain plastics known as PFAS. Section 7351 of the 2020 National Defense Authorization Act required the EPA to issue a TSCA rule requiring any person who has manufactured perfluoroalkyl or polyfluoroalkyl substances (“PFAS”) in any year since January 1, 2011, to report and maintain records regarding their use of PFAS. The EPA’s rule reaches not only manufacturers of PFAS themselves, but also manufacturers of goods that contain PFAS. According to the Centers for Disease Control, PFAS are a group of chemicals used to make coatings and products that resist heat, oil, stains, grease, and water. Per- and Polyfluorinated Substances (PFAS) Factsheet | National Biomonitoring Program | CDC. Also known as "forever chemicals," PFAS are a concern because they do not break down in the environment and have caused widespread contamination of the environment. In animal studies, PFAS negatively affect growth and development, reproduction, thyroid function, immune system responses, and liver injury. An NHANES study found four PFAS in the blood samples of nearly all the people participating. According to a notice given by the Consumer Product Safety Commission on September 20, 2023, PFAS are used in many common goods, including "non-stick cookware; water-repellent and stain-resistant clothing, carpets and other fabrics; some cosmetics; some firefighting foams; and common home products such as cleaning supplies, waxes, coatings, adhesives, paints, and sealants. "... ES Law proudly welcomes John Bachman, an esteemed and highly experienced attorney, to its distinguished team. John brings a wealth of expertise in various areas of the legal field, particularly in real estate development, leasing, financing, and acquisition and sale transactions. With decades of experience, John has earned a stellar reputation for his exceptional legal insight and commitment to his clients. His diverse clientele includes developers, local governmental bodies, notably Sanitary and Improvement Districts, business and property owners, associations, institutional banks and lenders, and business owners. John's specialization in zoning and land use further solidifies his position as a leading expert in the legal community. His extensive involvement in commercial, industrial, and residential development, leasing, and ownership has been instrumental in facilitating complex real estate transactions. Additionally, his substantial experience in oil and gas leasing transactions, carbon sequestration, and related pipeline easements for property owners and pipeline companies showcases his versatility in navigating the intricate legal aspects of these industries. John's academic achievements include a B. S. B. A. degree from the University of Nebraska and a J. D. from Creighton University. He remains an active member of the Omaha Bar Association and the Nebraska State Bar Association, contributing to the legal community's growth and development. Consistently recognized for his expertise, John has received accolades from prestigious institutions such as Best Lawyers in America and Chamber U. S. A. for the past two decades, affirming his status as a trustworthy authority in various real estate fields. Welcome, John! On October 6, 2023, the Nebraska Supreme Court issued an opinion further supporting freedom to contract and held that a choice of law provision in an insurance policy controlled resulting in the application of a two-year contract limitation period. Teresa Rose of Carter Lake, Iowa, was injured when the vehicle she was driving was struck by an under-insured motorist on February 3, 2018. The car Rose was driving belonged to her boyfriend, Christopher Stark, a Nebraska resident. Rose was insured under her sister’s American Family auto policy at the time of the accident. Following the accident, Rose settled with the at-fault motorist’s insurer and Stark’s insurer. Rose then attempted to claim underinsured benefits under the American Family Policy but was denied. Rose attempted to sue American Family following the denial of benefits; however, the insurance contract stated, “any suit against will be barred unless commenced within two years from the date of the accident. ” In addition to the two-year limitation, the Policy contained a choice of law provision that stated any disputes would be governed by the laws of the state shown in the declaration of residence, which in this case, was Carter Lake, Iowa. The district court for Douglas County determined that Iowa courts have expressed a strong public policy in favor of freedom to contract, including enforcing an underinsured motorist policy that contained a two-year limitation on actions, and thus, determined Rose’s claim time-barred. Rose appealed. The Supreme Court analyzed the district court’s finding, stating that Rose’s... As the 2024 elections approach, several ballot initiatives are gaining momentum in Nebraska, with one particular initiative standing out - the Paid Sick Leave for Nebraskans. This initiative, if passed by the majority of Nebraska voters in November 2024, would significantly impact employers across the state. Here's what employers need to know to prepare for this potential change. Key Provisions of the Paid Sick Leave Initiative:Accrual of Paid Sick Leave: Under this initiative, all Nebraska businesses would be required to offer paid sick leave to employees. Employees would earn one hour of paid sick leave for every 30 hours worked. Carryover of Unused Leave: Employees may carry over unused paid sick leave to the following year, but it should not exceed the maximum number of hours specified in the policy. Protection from Retaliation: The initiative would put into law the ability for employees to earn and use paid sick days without retaliation. Effective Date: If passed, paid sick leave would go into effect on October 1, 2025. Exemptions: This policy would not interfere with collective bargaining agreements, contracts, or policies that provide employees with more generous paid sick time. It also does not apply to federal, state, or county employees. Who Benefits:Paid sick leave is aimed at benefiting working families and businesses alike. It ensures that employees do not have to choose between their paycheck and their family's health. It applies to full-time, part-time, and temporary employees. Businesses can benefit because paid sick leave may help attract a qualified workforce to the many open jobs... Keeping your leaders informed about changes in employment law is crucial to ensure your organization remains compliant and minimizes legal risks. This month, ES Law released our first quarterly newsletter to ensure you stay updated with legal insights and updates you can find here. Here are some tips and tricks to help you effectively communicate and educate your leadership team about employment law changes:Establish a Regular Update Schedule:Create a consistent schedule for providing updates on employment law changes. This could be monthly, quarterly, or as needed based on the frequency of legal changes in your jurisdiction. Use Multiple Communication Channels:To disseminate information, utilize various communication channels such as email, newsletters, meetings, and intranet portals. Leaders may prefer different communication modes, so ensure information is accessible in multiple formats. Tailor Information to Their Needs:Customize your updates to the specific needs and interests of your leadership team. Highlight how employment law changes may impact their departments or areas of responsibility. Provide Clear Summaries:Condense complex legal jargon into clear, concise summaries that are easy for non-legal professionals to understand. Use bullet points, charts, and examples to illustrate key points. Include Real-life Scenarios:Share real-life case studies or scenarios demonstrating how employment law changes can impact the organization. This can make the information more relatable and actionable. Offer Training and Workshops:Organize training sessions or workshops focused on employment law updates. Invite legal experts or consultants to provide in-depth explanations and answer questions. Create a Resource Library:Maintain a central repository of resources related to employment law... If you obtain a judgment against a company, you can collect that judgment from the company's owners under certain circumstances. This is a legal concept called piercing the corporate veil. It comes up with corporations, LLCs, and other types of limited liability companies (businesses formed to protect owners from liability for business debts). However, it is the exception to the general rule that owners of a limited liability business are not liable for the business’s debts. Specific facts must be proven to pierce the corporate veil. The Nebraska Supreme Court recently reviewed these in the case of 407 N 117 Street, LLC v. Harper et al. A Nebraska court may pierce the corporate veil to hold owners liable “only where the corporation has been used to commit fraud, violate a legal duty, or perpetrate a dishonest or unjust act in contravention of the rights of another. ” 407 N 117 Street, 314 Neb. 843, 849 (2023)(citation omitted). Often, fraud is alleged as the grounds for piercing. Nebraska courts will consider the following factors to determine whether to disregard the corporate entity based on fraud:Was there grossly inadequate capitalization of the company? Was the company insolvent at the time the debt was incurred? Did a shareholder/owner divert company funds or assets for their own use or other improper use? Was the company a mere façade for the personal dealings of the shareholder/owner, and were company operations conducted by the shareholder disregarding the corporate entity? Because this is the exception to the... Mark and Michelle Callahan sued their insurance company (Shelter Mutual Insurance Company) and insurance producer (Mr. Brant) after their home was completely lost to an electrical fire in 2019. Previously, in 2011, the Callahans purchased a “replacement cost” insurance policy from Mr. Brant, a Shelter agent. This insurance policy was paid in full; however, the Callahans sued because they learned that the cost of rebuilding their home would be greater than the payout they received from the home insurance policy. The Callahans maintain that their home was underinsured and that they were harmed by:(1) The negligence of their producer, Mr. Brant, who they allege inadequately calculated the replacement cost of their home and (2) Mr. Brant verbally reassured both Mark and Michelle that they did not need to increase the amount of the policy to pay for total replacement. The Callahans claim they would have paid a higher monthly premium to insure their home for more money. The Nebraska Supreme Court confirmed the lower court’s ruling, citing Nebraska’s valued policy statute, and held in favor of Mr. Brant and Shelter. The Court held that the public policy behind Nebraska’s valued policy statute barred the Callahans from presenting evidence that their home was undervalued. As such, the Callahans’ claims of negligence and negligent misrepresentation against Mr. Brant and Shelter described above were foreclosed as a matter of law. By finding for Mr. Brant and Shelter, the Nebraska Supreme Court solidifies that when insuring real property, the dollar value set by the... In a pivotal moment for religious liberty, the Supreme Court of the United States ruled unanimously on June 29, 2023 that the U.S. Postal Service violated the Constitutional rights of an evangelical Christian mail carrier by refusing to accommodate his wish not to work on Sundays. This landmark ruling of Groff v. DeJoy clarifies the standard for religious accommodations employers must make to their employees under Title VII of the Civil Rights Act of 1964.  In a pivotal moment for religious liberty, the United States Supreme Court ruled unanimously on June 29, 2023, that the U. S. Postal Service violated the Constitutional rights of an evangelical Christian mail carrier by refusing to accommodate his wish not to work on Sundays. This landmark ruling of Groff v. DeJoy clarifies the standard for religious accommodations employers must make to their employees under Title VII of the Civil Rights Act of 1964.  Title VII prohibits discrimination on the basis of religion and requires employers to accommodate the religious practice of their employees unless doing so would impose “undue hardship on the conduct of the employer’s business. ” 42 U. S. C. § 2000e(j). Prior to Groff, courts followed the standard in Trans World Airlines, Inc. v. Hardison, 432 U. S. 63, 97 S. Ct. 2264, 53 L. Ed. 2d 113 (1977), which interpreted “undue hardship” to mean any effort that is more than a “de minimis cost,” a legal expression meaning a trivial cost. But almost any cost can be more than trivial.  The case presented to the Supreme Court this summer involved a United States Postal Service (USPS) employee, Gerald Groff who, due to his Christianity, believes Sundays should be devoted to worship, not secular work. When he joined USPS, a parcel carrier service with over 600,000 employees, Groff’s position as a Rural Carrier Associate did not generally require Sunday work. By 2013, USPS had contracted to facilitate some Sunday deliveries for Amazon, Inc. and attempted to... The Supreme Court published its opinion in 303 Creative, LLC, v. Elenis. Neil Gorsuch authored the decision on behalf of the 6-3 majority. The case involves a Colorado designer seeking to expand her design business into wedding websites but, due to her religious beliefs, does not wish to design wedding websites for same-sex couples. On June 30, 2023, the Supreme Court published its opinion in 303 Creative, LLC, v. Elenis. Neil Gorsuch authored the decision on behalf of the 6-3 majority. The case involves a Colorado designer seeking to expand her design business into wedding websites but, due to her religious beliefs, does not wish to design wedding websites for same-sex couples. Additionally, the designer wished to publish a statement saying as much on her website. Prior to entering the marketplace, the designer sought an injunction (a court order) against the State of Colorado asserting that the State must not file a claim against the designer. The designer hoped to bar Colorado from later employing Colorado anti-discrimination and public accommodation statutes against her intent to later (1) publish a notice on her website declaring her intent to offer wedding website design services to opposite-sex couples only and (2) actually refuse the business of same-sex couples who might seek her wedding website design services.  Ruling in favor of the designer, the majority explains that while the First Amendment does not protect status-based discrimination, complying with Colorado’s statutes effectively compels the designer to create wedding websites for same-sex couples. This form of government-compelled speech is a violation of the designer’s First Amendment rights.  Initial takeaways: Both parties stipulated that 303 Creative’s (future) product, wedding websites, were expressive in nature and highly customed. Because of the parties’ stipulations, the Court did not conduct an analysis and offer insight into what kind of conduct it would consider highly... On June 29, 2023, the Supreme Court of the United State issued an opinion holding that the admissions programs at Harvard College and the University of North Carolina (“UNC”) violated the Equal Protection Clause of the Fourteenth Amendment. This decision highlights the appropriate criteria under the Equal Protection Clause that higher education institutions may evaluate when considering a candidate’s admission.  Harvard College and UNC are two of the oldest and most elite institutions of higher learning in the United States. Every year tens of thousands of students go through the application process with only few being admitted. Both ivies have an extensive and selective application process, where committees meet, and rank applicants based on a number of categories. The Court stated that in the Harvard admissions process, “race is a determinative tip for “a significant percentage” of all admitted African American and Hispanic applicants. ” The Court also stated that UNC offers students a “plus” based on their race, which in some cases may have a significant effect on the individual’s admission. Founded in 2014, Students for Fair Admissions (“SFFA”) is a nonprofit organization whose purpose is “to defend human and civil rights secured by law, including the right of individuals to equal protection under the law. ” In 2014, SFFA filed suits against Harvard College and UNC arguing that their admissions tactics violated both Title VI and the Equal Protection Clause. However, the lower courts concluded that both Harvard’s and UNC’s admission programs comported with precedent and were permissible... ES Law is pleased to announce that 8 lawyers have been included in the 2024 edition of The Best Lawyers in America®. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. "For more than 40 years, the rigorous methodology of Best Lawyers has ensured the integrity and esteem of our legal recognitions," said Best Lawyers CEO Phillip Greer. "It is with great pleasure that we continue to provide potential clients with the pinnacle measurement of credibility through our Best Lawyers awards as they search for counsel. "Best Lawyers has earned the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals. Its first international list was published in 2006 and since then has grown to provide lists in more than 75 countries. Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers based on professional expertise and undergo an authentication process to ensure they are in current practice and good standing. ES Law would like to congratulate the following lawyers named to the 2024 Best Lawyers in America list:Bonnie M. Boryca - Appellate Practice and Commercial LitigationThomas J. Culhane - Bet-the-Company Litigation, Commercial Litigation, Construction Law, Insurance Law, Litigation - Construction, and Personal Injury Litigation - DefendantsDaniel I. Dittman - Trusts and EstatesWilliam T. Foley - Corporate LawVirgil K. Johnson - Corporate LawJerald L. Rauterkus - Personal Injury Litigation - DefendantsMark M. Schorr - Labor Law -... ES Law is proud to announce Matt Quandt and Matt Reilly were recognized by Best Lawyers® again. They were both selected by their peers and included in the Best Lawyers: Ones to Watch in America™ 2023 and 2024. These awards are recognitions given to attorneys who are earlier in their careers for outstanding professional excellence in private practice in America. Matt Quandt was selected for his work in Transportation Law and Personal Injury Litigation - Defendants. His practice concentrates on trucking accidents, including wrongful death and personal injury; he represents some of the biggest motor carriers and insurers in the nation. Matt Reilly was selected for his work in Construction Law and Personal Injury Litigation – Defendants. His practice focuses on representing contractors across Iowa and Nebraska in construction disputes and defending complex and severe personal injury claims. We have written several previous articles focusing on the legality of the sale in Nebraska of products containing Delta-8 tetrahydrocannabinol (“Delta-8 THC”). In the past, we have noted that there have been no enforcement actions by any governmental agency regarding these products. However, on August 14, 2023, it was reported that several dispensaries in Sarpy County and Lancaster County had certain products and documents seized by law enforcement agencies. A press release from the Lincoln Police Department stated that, based on independent testing of products purchased earlier this year, certain dispensaries were selling “statutorily prohibited substances. ” In addition, a Sarpy County Sheriff’s Office press release stated that certain products it tested earlier in the year contained products with THC levels in excess of 15%. As of now, we understand no criminal charges have been filed. As a refresher, under the Nebraska Hemp Farming Act (the “Nebraska Hemp Act”), hemp is legal in Nebraska and removed from the Nebraska Controlled Substances Act (the “CSA”). Hemp is defined as “the plant Cannabis sativa L. and any part of such plant, including the viable seeds of such plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (“Delta-9 THC”) concentration of not more than 0. 3 % on a dry weight basis” (emphasis added). A legal argument can be made that if hemp derivative products (such as those containing Delta-8 THC) do not contain Delta-9 THC in excess of 0. 3%... If you follow financial news, have seen a commercial where everyone from Tom Brady to Kim Kardashian has been marketing cryptocurrency, or have heard tales from a friend or neighbor who hit it big with Bitcoin----you know cryptocurrency has become mainstream in 2023. With stories like the collapse of FTX and the volatility of Bitcoin prices garnering significant media coverage over the prior year, Bitcoin and cryptocurrency have also caught the attention of estate planners. While planning for the transfer of a family farm or Berkshire Hathaway stock has been discussed for generations in estate planning meetings in Nebraska, Bitcoin’s relative newness and digital nature have created challenges for estate planning purposes. As a virtual asset, Bitcoin is often stored in an app on a smartphone ---heavily protected by passwords and keys---which makes it more likely that your heirs may overlook any Bitcoin or crypto account you own. Further complicating matters, Bitcoin Wallets do not allow the transfer of the wallet into the name of a Trust. In addition, many well-known crypto exchanges do not currently offer any beneficiary designations--- like POD (payable on death) or TOD (transferable on death). Thus, there are some important considerations when planning for the transfer of your cryptocurrency:Ensure that your estate plan specifically references your Bitcoin or cryptocurrency and provides for a secure transfer method to your heirs. The solution may be crafting a detailed letter of instruction to your successor trustee or personal representative with details on how to access and transfer your... The case Geerdes v. West Bend Mutual Insurance Company was decided by the United States Court of Appeals for the Eighth Circuit on June 20, 2023. The decision helps interpret the phrase "legally entitled to recover" under Iowa insurance law. In 2018, Iowa residents Gregg Geerdes and Mary Murphy (“Plaintiffs”) purchased home and automobile insurance from West Bend. The policy covered Plaintiffs as well as their son. The following year, Plaintiff’s son tragically died from injuries he sustained while a passenger on a charter bus that crashed in British Columbia, Canada. The charter bus’s insurance paid all the no-fault motorist insurance benefits that it was legally obligated to pay under the policy. Plaintiffs did not sue the bus company as personal jurisdiction for any such action would be in British Columbia. Plaintiffs did however sue West Bend seeking uninsured/underinsured benefits and additional umbrella coverage they believed they were entitled to under their policy. The West Bend Policy states policyholders are entitled to uninsured/underinsured coverage for payment of compensatory damages for bodily injury caused by an accident that an insured is “legally entitled to recover from the owner or operator. ” However, Iowa case law states the benefits plaintiffs are entitled to recover from uninsured/underinsured umbrella policies are limited to the amount they would be able to recover in a tort action against the tortfeasor where the accident occurred or in the tortfeasors’ home state. Applying this law, the District Court dismissed the case via summary judgment because Plaintiffs are not... In odd-numbered years, Nebraska limited liability companies and nonprofit corporations are required to file Biennial Reports with the Nebraska Secretary of State. If you have not filed the Biennial Report for your limited liability company or nonprofit corporation and you did not organize or incorporate in 2023, you likely received a Declaration of Dissolution, which states that the Nebraska Secretary of State has dissolved your company and it is now inactive. If you did not file your Biennial Report and you did not receive a Declaration of Dissolution, you will want to be sure to review the Nebraska Secretary of State records to ensure your company’s information is up to date. If your company has been dissolved, you can reinstate it by filing an Application and Declaration of Reinstatement along with the 2023-2024 Biennial Report with the Nebraska Secretary of State. If you would like assistance in reinstating your entity so that it is active and in good standing with the Nebraska Secretary of State, the attorneys at Erickson Sederstrom can assist you with this process. Erickson Sederstrom partner Matt Rusch retired on June 30, 2023, from the U. S. Army Reserve after serving for 27 years. During his career, Rusch attained the rank of Lieutenant Colonel. Rusch's service as a JAG officer included six years of active duty. Matt served in various roles in his career, such as Court-Martial prosecution, National Security Law, and Administrative Law. He was also a Special Assistant United States Attorney. His military duties took him to 33 states, Kuwait, and Iraq.  "Wearing the Army uniform has been one of the greatest honors of my life. " said Rusch. "I am honored to have done my small part to support the Rule of Law in hundreds of missions and events over the years. "  As Rusch closes this chapter, Erickson Sederstrom celebrates his exceptional contributions and unwavering commitment to both the firm and his country. Rusch's leadership, expertise, and camaraderie as a long-time member of the Erickson Sederstrom team have played an integral role in shaping the firm's success and reputation. Congratulations on your retirement, Matt! ## Bios Eliana Reiss earned her Juris Doctor from Creighton University School of Law in 2025. During law school, she received the CALI Award for Future Excellence in Client Interviewing and Legal Counseling, served as the 3L Representative for the Women in Law Society, and competed in the ABA Client Interviewing and Legal Counseling Competition. She also graduated with Pro Bono Distinction in recognition of her commitment to serving the community. Before attending law school, Eliana graduated from Northwest Missouri State University in 2022 with a Bachelor of Science in Political Science. Eliana is a member of the ES Law’s Corporate and Litigations Groups. Her practice focuses on entity formation and governance, corporate restructuring, and the drafting of a wide range of contracts. Eliana works closely with business clients of all sizes to help them structure and protect their organizations with confidence, as well helping to resolve disputes as they come up. Additional information Outside of work Eliana enjoys spending time with friends, family, and her puppy, Frankie. She is also a volunteer baker for Cake4Kids and a 7th grade Sunday school teacher. Olivia focuses her practice on estate planning, tax law, and general corporate matters. She partners with clients to design and implement comprehensive estate and wealth transfer strategies that facilitate the tax-efficient transfer of assets across generations. Her practice includes advising on family wealth transfers, estate and gift tax planning, business succession, asset protection, and trust and estate administration. Olivia also provides counsel on charitable giving strategies, the creation and management of private foundations, and a variety of general corporate matters. Olivia earned her Juris Doctor from the University of Nebraska College of Law, completing programs of concentrated study in Tax and Estate Planning as well as Business and Real Estate Transactions. She also holds a Bachelor of Arts in Accounting; Business Administration; and Law, Politics, and Society from Doane University. Benjamin P. Barrett is a dedicated estate planning and corporate attorney who provides comprehensive legal counsel to individuals, families, and closely held businesses. His practice focuses on helping clients navigate a wide range of life events, including incapacity planning, business succession, wealth preservation, charitable giving, and asset protection. Ben is committed to crafting tailored solutions that align with his clients’ unique goals and values, ensuring their legacies are protected and their futures are secure. He takes pride in guiding his clients through life’s most challenging moments with compassion and clarity. Ben earned his Bachelor of Science in Economics and Finance from Saint Louis University in 2018, where he developed a strong foundation in financial principles that informs his legal practice. He went on to obtain his Juris Doctor from the University of Nebraska College of Law in 2021. Ben is licensed to practice law in both state and federal courts in Nebraska, where he serves his clients with diligence and professionalism. A native of Omaha, Nebraska, Ben values his deep roots in the community. Outside of his legal practice, he enjoys spending quality time with friends and family, traveling, and golfing. Charles B. Garman is an attorney with 20 years of experience in a myriad of legal fields. His first love is estate planning, estate administration, and estate litigation. Charles is licensed in Nebraska and Iowa and has been with the firm since 2026. Charles served in the Army National Guard from 1999 to 2011 and was activated in support of Operation Iraqi Freedom, serving in an Artillery unit. Having grown up in Germany, he obtained his Abitur in Wilhelmshaven, Germany before moving back to the United States, and obtaining his B. A from Augustana University in Sioux Falls, SD and his J. D. from Creighton University School of Law. In his off time he spends time with his wife and four children, volunteers with his church, St. Timothy’s, and his lodge Nebraska Lodge 1 AF &AM. Charles’ approach to law is to take every client’s concerns seriously and use his amassed experience to help clients through their troubles. He views himself as a problem solver and enjoys guiding others through their estate planning needs. Trusted Legal & Tax Strategist, Business Advisor & AI Evangelist Mary Vandenack is a trusted strategist, advisor, consultant to professionals, and advocate for entrepreneurs, families, and visionaries who want to build, protect, and give back. A serial entrepreneur and AI evangelist, Mary delivers an AI-enhanced legal experience that blends decades of technical knowledge with forward-thinking innovation. Her consultative approach to partnership has helped many entrepreneurs gain traction and market share across a range of industries. Why Clients Choose Mary Excellence: High-level strategies that succeed even in the most complex cases and overcome the toughest business challenges. Relationship-Driven Service: Long-term partnerships grounded in trust and care. Passion: Helping clients turn success into security, impact, growth, and legacy. Problem-Solving: Creative solutions where others see only obstacles. Integrity: A commitment to doing what’s right, every time. A passionately personal approach to business, law, mentorship, and legacy Mary understands that legal challenges are rarely just legal. They are personal, financial, and human. She brings unique insight into the intersection of law, taxes, entrepreneurship, legacy, and philanthropy. Clients value her ability to see around corners, anticipate challenges, and design customized solutions that transform aspirations into lasting results. Who Should Call Mary? High-net-worth clients seeking family legacy, asset protection, and philanthropy solutions. Entrepreneurs and business owners who want legal, lifestyle, and tax strategies that grow with their vision. Leaders looking to achieve harmony in professional and personal wellness. Conference organizers seeking their audiences’ next favorite speaker. In the News Mary E. Vandenack Inducted into NAEPC Estate... Bill acts as General Counsel for and business advisor to a diverse group of businesses, from entrepreneurial start-ups to multi-generational family owned companies. As a former CPA and Tax Consultant for a national accounting firm, Bill uses his extensive knowledge and experience in legal, tax and financial matters to advise entrepreneurs, boards of directors, business managers and investors. Bill has extensive experience and knowledge in merger and acquisition, securities, tax and real estate law. Bill provides creative ideas and concise solutions to complex legal and financial issues faced by his clients. Additional Information Bill is recognized by his peers among the Best Lawyers in America, has an "AV" Rating, Preeminent from Martindale-Hubbell and as a Nebraska State Bar Association Fellow. Bill previously worked for a national accounting firm as a tax consultant and CPA before beginning his career with Erickson Sederstrom in 1991. In addition, Bill is a longtime member of ES Law’s Board of Directors and President of the firm since 2021. Licensed to practice before state and federal courts in Colorado, Nebraska and Iowa. Since 1997, Tiernan has represented clients throughout the Midwest. Representing businesses and individuals that are reluctantly drawn into litigation, Tiernan has successfully handled matters on behalf of his clients from inception, to litigation, and through appeal for nearly 20 years. His clients include Fortune 100 Companies, local and international businesses, as well as private individuals from across the country. Tiernan is a member of the Board of Directors at Erickson Sederstrom. He is also a member of the Workers’ Compensation and Aviation and Transportation Sections. Tiernan is an author and a frequent lecturer, giving presentations in a variety of substantive areas of law to clients and at public seminars. Previously, Tiernan served as adjunct faculty at Creighton University School of Law and is a former arbitrator for the Better Business Bureau. Presently, he is a hearing officer for Omaha and Lincoln School Districts for hearings concerning the amendment, termination or non-renewal of teachers' and administrators' employment contracts. Additional Information Besides his practice as an attorney, Tiernan holds an Airline Transport Pilot's Certificate, flies charter and private aircraft and serves as a flight instructor. He is a volunteer command pilot for Angel Flight Central and represents airmen, fixed base operations and other entities involved in legal matters throughout general aviation. Tom Culhane graduated summa cum laude from Creighton University School of Law and is a senior partner with ES Law’s litigation practice group. He is admitted to practice in the state courts of both Nebraska and Iowa as well as the federal court in Nebraska and the United States Court of Appeals for the Eighth Circuit. Following graduation from Creighton and prior to joining the Erickson Sederstrom team in 1975, he clerked for the Honorable Donald P. Lay of the United States Court of Appeals for the Eighth Circuit. Mr. Culhane has a general litigation practice with emphasis in recent years in commercial litigation. He is a Fellow of the American College of Trial Lawyers and Martindale-Hubbell AV-rated in litigation work. Shay represents clients in a variety of transactional areas, including mergers and acquisitions, business formation, securities offerings, debt and equity financing, and general counsel. Shay also has extensive experience advising clients in real estate transactions, including commercial warehouse, office and land leases and real property acquisitions, sales and development. Throughout his career, Shay has been heavily involved in the transportation sector. Prior to attending law school, Shay spent eight years working in a variety of management roles for a publicly held transportation and logistics company. Upon graduating from law school and prior to joining Erickson Sederstrom, Shay practiced for several years with a transportation-oriented law firm representing public and private transportation and logistics companies in complicated acquisitions, divestitures, joint ventures and restructuring transactions and advising clients on industry specific matters such as motor carrier and broker agreements, independent contractor programs, tractor and trailer leases, securities disclosure requirements and risk assessment. Shay also has extensive experience with industry regulation, including regulations promulgated through the Department of Transportation, Federal Motor Carrier Safety Administration, and The Nebraska Hemp Farming Act, and he has counseled clients in multiple areas of regulatory compliance, including licensing, operating authority, safety and fitness, and independent contractor arrangements. Shay’s background, which includes his role as an internal business stakeholder and M. B. A. holder, gives him a unique perspective that he uses to provide clients with efficient, practical and business-focused solutions. Additional Information Shay grew up in Anchorage, Alaska, where he developed passions for playing hockey and golf. After... Sarah Scholten is a member of Erickson Sederstrom's litigation team specializing in General Liability Defense. With a background in insurance defense, Sarah brings a unique blend of experience and dedication to her role. Sarah obtained a Bachelor's Degree from South Dakota State University in 2018 and subsequently pursued her Juris Doctorate at Creighton University School of Law, graduating in 2021. Her academic background has provided her with a solid foundation in legal principles and practices. Sarah's past experiences, particularly in insurance defense, have equipped her with a unique skill set that contributes to her success in her practice. Her expertise makes Sarah well-versed in the specific terminology used in the field while having a deep understanding of insurance carrier expectations. This knowledge allows Sarah to provide strategic counsel and deliver positive outcomes for her clients. Additional Information Sarah enjoys spending time away from work with friends, family, and her adorable golden doodle. She also looks forward to cooking and playing sand volleyball. Samuel Clark represents both for-profit and not-for-profit entities with respect to executive compensation arrangements including qualified and non-qualified deferred compensation plans. He also represents both small and medium-size businesses, including not-for-profit private education. In the estate planning area, his emphasis is in incorporating a variety of family needs, including business succession, into a comprehensive plan which addresses both tax and traditional estate issues as well as the personal and special needs of families. Mr. Clark has appeared before a variety of regulatory and legislative bodies on behalf of clients with respect to both tax and real estate issues. In addition, he has represented candidate committees as both a legal and campaign advisor. Additional Information From 1981 through 1984 Mr. Clark was Senior Legislative Counsel for U. S. Representative Hal Daub. Born in Omaha and raised in Dubuque, Iowa, Rich’s cases involve injuries, wrongful death, construction defects, insurance disputes, and professional liability defense. He represents both individuals and corporate clients, whether in trial or mediation. Recent cases include successfully defending a wrongful death suit against a daycare center, and obtaining a $1,590,000 jury verdict on a breach of contract case in federal court in Missouri. He has tried cases in Nebraska, Iowa, Missouri, Colorado and New Mexico, and has argued in the appellate courts of each of those states, save New Mexico. Rich is a member of the Nebraska Association of Trial Attorneys (NATA), the American Board of Trial Advocates (ABOTA), and the Amerian College of Trial Lawyers (ACTL). Rich was President of the Nebraska Chapter of ABOTA for 2022. He attended the University of Notre Dame and then Creighton University School of Law. While at Notre Dame, Rich was a varsity wrestler, and co-captain his senior year. Rich and his wife, Kate, have three grown children. He is past president and a former board member of the Bethlehem House, a supportive home for homeless pregnant women during their pregnancy and for months afterwards. He and Kate are long-time members of St. Margaret Mary Parish in Omaha. Raymond Walden's focus on research and briefing of appeals and dispositive motions has earned him a reputation that extends across state and federal courts in Nebraska and Iowa. With a background in journalism, Mr. Walden's journey into law began with a strong emphasis on research and writing. He has excelled in insurance defense, handling diverse cases from motor vehicle crashes to professional negligence. Mr Walden earned his B. A. and J. D. from the University of Nebraska and the University of Nebraska College of Law. He maintains active membership in the Nebraska Bar Association, the Iowa Bar Association, and the Iowa Defense Council. During his leisure time, Ray enjoys spending time with his wife, adult children, grandchildren, a clowder of cats, and one dog, as well as bicycling. Matt Rusch is a litigator with more than 20 years of experience in a wide range of litigated federal and state matters, including insurance matters, architect and engineer defense, construction litigation, bankruptcy and creditors’ rights, and general civil litigation. His cases take him throughout Nebraska, South Dakota, and Iowa. He has been with the firm since 2004. Matt gained extensive trial experience while serving on active duty with the U. S. Army Judge Advocate General’s Corps from 1999-2004, trying challenging court-martial cases at Fort Lewis, Washington, and serving as a Special Assistant U. S. Attorney at Fort Riley, Kansas. His clients include insurance companies, architects and engineers, banks, other creditors, and individuals. He regularly helps clients with foreclosures, repossessions, and replevins. Matt retired from the U. S. Army Reserve in June of 2023 at the rank of Lieutenant Colonel. He is a veteran of Operation Iraqi Freedom, serving as legal advisor for an Army medical brigade in Iraq. In the Army Reserve, he worked in the areas of Military Justice, National Security Law, Administrative Law, and Legal Assistance. Over the past several years, Matt has been a frequently invited speaker to discuss topics related to civil litigation, professional negligence, and military law at continuing education programs. Additional Information Matt is a lifelong supporter of the Boy Scouts of America. He enjoys running, camping, and hiking, as well as participating in Scouting activities with his sons. He will go on backpacking trips with Scouts to the Philmont Scout Ranch near Cimarron,... Kelsey Schwenker is a Certified Paralegal serving the litigation team in matters of law including insurance, employment, construction, aviation, and general liability. Kelsey obtained a Bachelor’s of Fine Arts in Ballet Performance from the University of Oklahoma in 2010 and performed professionally in Omaha with Ballet Nebraska/American Midwest Ballet for 10 years. After retiring from dance, she received an Accelerated Paralegal Certificate from Metropolitan Community College in 2022. As of December 2023, Kelsey is also a Certified Paralegal through NALA, the paralegal association, and a member of the Nebraska Paralegal Association. Kelsey’s unique background and skillset make her an asset to our team as she aims to provide all clients with the highest level of workmanship, respect, and care. In her spare time, Kelsey enjoys being a teaching artist for Disney Musicals in Schools with Omaha Performing Arts, choreographing dance and musicals for various organizations around Omaha, attending theatre and music concerts, crocheting projects for friends and family, and relaxing and exploring with her boyfriend and goldendoodle Tillie. Erin Robak is a member of ES Law’s litigation group. With over 18 years of experience, Erin represents clients in both state and federal courts, providing strong advocacy and practical solutions for complex disputes. Erin is an experienced attorney with a broad range of commercial litigation experience. Erin routinely handles matters involving real estate law, construction law, and trusts and estates. Erin has substantial experience with litigation involving claims of breach of contract, fiduciary duty litigation, intellectual property and shareholder disputes. Additional Information Outside of work, Erin enjoys spending time with her family and friends at Husker games and concerts. Erin serves on the Board for Youth Care and Beyond, a local non-profit organization. Matt graduated from Creighton University in 2006 with degrees in finance and economics. Matt then went on to attend the University of Nebraska College of Law where he graduated with distinction in 2009. Matt clerked for ES Law throughout his last year of law school before joining ES Law as an associate in the fall of 2009. Matt’s practice areas include insurance defense litigation, construction defect litigation, political subdivision liability, and insurance coverage disputes. Mark Schorr is a member of the Labor Relations Council of the Nebraska Chamber of Commerce & Industry, and is an appointed member of the American Bar Association’s Committee on Development of the Law under the National Labor Relations Act. He has been listed for many years as one of the leading attorneys in Nebraska by Chambers USA-America’s Leading Lawyers for Business. Mr. Schorr has also been recognized for several years as one of the top labor and employment law specialists in America, in previous and the latest edition of Super Lawyers-Corporate Counsel Edition. Additional Information Mr. Schorr is the Editor of the Nebraska Employment Law Letter, and the Nebraska Representative in the Employers Counsel Network (ECN). He also is a Contributing Editor to The Developing Labor Law, a leading Treatise published by the ABA and the Bureau of National Affairs (BNA). Mark is a member of the Labor Relations Council of the Nebraska Chamber of Commerce & Industry. Kaitlin McKenna earned her J. D. and M. S. from Creighton University in 2024, following her B. A. from the University of Nebraska-Lincoln in 2020. Throughout her academic career, Kaitlin gained diverse experiences, including studying abroad at Trinity College in Dublin and completing a full-time externship on Capitol Hill. These experiences have equipped her with a broader perspective and a well-rounded approach to serving her clients’ estate planning needs. One of her proudest achievements was her law clerk experience at Erickson Sederstrom. This opportunity allowed her to work closely with experienced attorneys while contributing meaningfully to client success. She looks forward to continuing her professional growth within the firm and providing estate planning services that align with each client's objectives and personal wishes. Additional Information Kaitlin enjoys spending quality time with her family and friends, going to live music events, and spending time with her parents’ dogs. With a passion for guiding clients through the complexities of the legal landscape, Joe specializes in a comprehensive range of areas, including estate planning, trust administration, and probate of client estates. His expertise extends to addressing issues related to federal and state inheritance tax, ensuring that clients confidently navigate these matters. In addition to his proficiency in estate planning, Joe is well-versed in corporate law and employment law, offering strategic counsel to businesses and individuals alike. He serves as a trusted legal advisor to a dynamic group of business owners and managers, providing invaluable insights on a variety of issues crucial to their success. Recognizing the ever-evolving business landscape, Joe extends his services to the formation of Nebraska limited liability companies and corporations. His commitment to staying at the forefront of legal developments ensures that clients receive advice that is not only sound but also forward-thinking. Additional Information Joe is a member of the Omaha Estate Planning Council. Additionally, Joe currently serves on the Judicial Nominating Commission for the County and District Courts of Douglas County, Nebraska John Bachman's client base is diverse, encompassing developers, local governmental bodies, particularly Sanitary and Improvement Districts, business and property owners, associations, institutional banks and lenders, as well as business owners. With a zoning and land use specialization, John boasts a rich history of involvement in commercial, industrial, and residential development, leasing, and ownership. He has substantial experience in oil and gas leasing transactions, carbon sequestration, and related pipeline easements for property owners and pipeline companies. John earned his B. S. B. A. from the University of Nebraska and his J. D. from Creighton University. He maintains active membership in the Omaha Bar Association and the Nebraska State Bar Association. He has been consistently recognized by Best Lawyers in America and Chamber U. S. A. for his expertise in various real estate fields for the past 20 years. Beyond his professional pursuits, John has a philanthropic side, having served as a past Trustee and Secretary of the Gilbert M. and Martha H. Hitchcock Foundation. During his leisure time, he indulges in interests such as golf, snow skiing, the allure of the Caribbean Islands, and cherished moments with his family. Jerry Rauterkus is a senior member of the ES Law litigation department. Jerry is a 1985 graduate of Creighton Law School and, while attending Creighton, was a member of the Law Review. Jerry's practice area focuses on litigation defense involving complex multi-party disputes, transportation litigation, product liability litigation, employment litigation, representation of nonprofits, as well as general insurance defense. Prior to attending law school, Jerry taught at the secondary level and while doing so received his Master's Degree in Educational Administration. Outside the practice of law, Jerry has been very involved in his local community. He is the past president of the St. Vincent de Paul Parish Council, past president of the Mount Michael Benedictine High School Booster Club, has served on the Board of Directors of the Linden Estates Development Subdivision, served on the Education Committee for the St. Vincent de Paul Parish School, and coached a number of youth baseball and football teams. Additional Information Former member of Erickson Sederstrom Board of Directors & past Litigation Group Chair. While attending Creighton University, Jerry was a member of the Law Review and Client Counseling Board. Eugene Hillman’s practice involves civil litigation with extensive trial experience as both plaintiff and defendant in personal injury, property damage and insurance defense matters. He also represents a number of family-owned corporate businesses, as well as estate planning and probate matters. Additional Information From 1997 – 2020 he was a senior partner in the firm of Hillman, Forman, Childers and McCormack and prior to that, a partner in the firm of McCormack, Cooney, Mooney, Hillman & Elder. Gene and his wife have two children and when not practicing law he loves to golf and fish, especially fly fishing. Dan graduated cum laude from Creighton University School of Law in 2013. He is a member of Erickson Sederstrom’s Estate, Probate and Trust Law Division. Dan’s practice consists of estate and gift planning, trust administration, probate of client estates, and federal and state taxation. Additional Information Dan serves as Planned Giving Counsel to Mosaic, a national not-for-profit organization which serves the needs of individuals with intellectual disabilities. Dan is a member of the Downtown Kiwanis Club of Omaha and Divine Shepherd Lutheran Church. He also enjoys being an adjunct professor at Creighton University School of Law. He is married to his wife Katie and they have three children. Charles Sederstrom, Jr. was born in Deadwood, South Dakota on December 18, 1941. He attended Black Hills State University in Spearfish, South Dakota and received his Juris Doctorate from the University of South Dakota in 1967. He began practicing law in Omaha, Nebraska in July of 1968 with Donald H. Erickson and subsequently began the law firm of Erickson Sederstrom. Chuck’s area of specialization has been in Corporate Law with a particular reference on Health Law. He was formerly Senior Vice President of Legal, Compliance and Legislative Services at the largest hospital system in the state of Nebraska with 10 hospitals, 450 employed physicians, and over 100 separate points of entry into the health system. Political Organizations Lawyers for Reagan/Bush, Nebraska Chairman, 1984 Vice Chairman, Nebraska Finance Committee, 1988 National Finance Committee, 1992 Bush for President Campaign Lawyers for Bush/Quayle, Nebraska, Chairman, 1988-1992 Vice Chairman, Nebraska Finance Committee, 1988 Daub for Senator Campaign, 2nd District, Finance Chairman, 1988 RNLA Judicial Advocacy Panel Member, 2003-present Blake represents clients in all aspects of their businesses, from formation and start-up to mergers and acquisitions and in all general counsel matters related to their companies. Blake also aids clients in the health care field in the areas of licensure disputes, health care compliance, and data privacy and security. Blake graduated magna cum laude from Creighton University School of Law in 2019 where he was a member of Creighton’s International Trademark Association Moot Court Team. He received the Cali Excellence for the Future Award for Business Associations, Business Planning, Health Care Organizations, and HIPAA Privacy and Security. Blake also served as a Writing Associate in Creighton’s Legal Writing Center where he worked with first and second year law students to enhance their legal writing. Additional Information Blake was born and raised in Omaha, Nebraska and has developed a passion for Husker sports. That passion was deepened when Blake attended the University of Nebraska-Lincoln for his undergraduate studies. When Blake is not watching Husker sports, he enjoys reading and spending time with his nieces and nephews. Andrew helps personal and business clients meet a variety of legal needs. Andrew provides proactive, goal-oriented legal services to accomplish his clients’ goals as efficiently as possible. In Andrew’s business practice, he serves as general counsel to businesses of all types and sizes, from formation and startup to operations and governance to mergers and acquisitions. In his litigation practice, Andrew helps his clients navigate complex commercial and insurance disputes in all phases and venues, from negotiations and alternative dispute resolution, to administrative and quasi-judicial matters to formal trial and appeal. Additional Information Andrew enjoys spending time with his family and watching baseball, at the same time whenever possible. Andrew J. Huettner is a shareholder at Erickson Sederstrom. Andrew's practice areas include estate and gift planning, probate and estate administration, trust administration, guardianships, conservatorships, real estate, and tax counsel for individuals and businesses. Andrew also has extensive experience in the formation, operation and succession of corporations, partnerships, and limited liability companies. As an estate planning attorney, Andrew helps his clients structure their estate plans not only to satisfy their personal objectives, but also to transfer their wealth in a tax-efficient manner. Andrew employs a range of approaches from simple estate plans to sophisticated estate and gift tax planning techniques. Andrew understands the importance of succession planning and tailoring an estate plan to fit the specific needs of each individual client. Andrew maintains extensive experience in handling estates in the event of death. Andrew routinely administers probate estates and trusts. Andrew helps ensure such estates and trusts are administered according to the law, while also carrying out the wishes of the deceased. Andrew also handles controversies arising out of estate and trust matters. Andrew often advises clients during the incapacity of a friend or loved one. Andrew is an expert in providing clients with a road map and the appropriate counsel during these times. This counsel sometimes involves the appointment of a guardian and/or conservator. Andrew has great experience in guardianship and conservatorship proceedings. Andrew helps his clients satisfy court requirements and navigate the rules surrounding this area of law. As an estate planning attorney, Andrew is often tasked with... Alana Mitchem is a member of ES Law’s litigation, employment, corporate, and workers’ compensation practice groups. Alana works closely with clients to solve a variety of legal issues and reach their goals. Alana is an experienced attorney with a passion for civil litigation. Graduating from Creighton University with a Juris Doctor (JD) degree and holding a Master's (MA) and Bachelor's (BA) degree from St. John's University, Alana has a solid educational background that has prepared her for a successful legal career. Alana has successfully managed large caseloads and gained considerable court time as a young attorney. These achievements have honed her legal skills and instilled a strong work ethic and determination to deliver the best possible outcomes for her clients. Additional Information Outside of her legal career, Alana has diverse interests and experiences. As a former collegiate soccer player, Alana learned the importance of teamwork, discipline, and perseverance, which she now uses to mentor and guide young athletes on and off the field. She also spent two years as a cadet at the United States Military Academy, further developing her leadership skills and sense of duty. Sydney Bonnett is a member of ES Law’s Litigation practice group. Sydney works closely with clients to resolve a wide range of civil matters. She takes a client-centered approach to problem-solving and is experienced in handling sensitive and high-stakes issues both in and out of the courtroom. Sydney earned her Juris Doctor (J. D. ) from Creighton University in 2024. During her time in law school, she earned a CALI Award for Future Excellence in the study of Elder Law, was the President of the Intellectual Property Law Society, and was the Treasurer for the Women’s Law Student Association. In 2020, Sydney received her Bachelor of Science (B. S. ) in Biology from Nebraska Wesleyan University. Additional Information Outside of work, Sydney enjoys spending time with friends and family, reading, and cheering on the Creighton Bluejays. Bonnie Boryca is a member of Erickson Sederstrom’s labor & employment, litigation, and appellate practice groups. Her practice focuses on advising and resolving employment matters, complex commercial and business litigation, technology litigation, and trust and estate disputes. Bonnie has the experience to assist clients in reaching resolutions and achieving results. Bonnie frequently advises employers and business owners regarding HR policies and procedures. She helps guide employee investigations and responses to grievances. In certain instances, Bonnie provides advice to executives, directors, and company officers regarding their employment situations at their companies, including employment agreements when joining an organization and separation or severance agreements when their time with a company comes to an end. Bonnie has also helped federal employees in addressing their claims, benefits, or compensation at the federal agencies where they have worked. In addition, Bonnie often works with business owners on strategic advice to prevent, avoid, or work through ownership disputes. The goal is for shareholders, LLC members, and partners to be on the same page and stay there. Bonnie often appears before courts in Nebraska, Kansas, and Iowa as well as state and federal agencies, such as the EEOC, NEOC, Department of Labor and others. She has argued appeals before the Kansas Court of Appeals, the Nebraska Supreme Court, the Nebraska Court of Appeals, the United States Court of Appeals for the Tenth Circuit, and the United States Court of Appeals for the Eighth Circuit. Bonnie is a Contributing Editor of the Nebraska and the Upper Midwest Employment... ## Practice Areas ES Law provides its business and personal clients with expert tax planning advice and representation. This includes issues related to business transactions, 1031 deferred exchanges, executive compensation, employee benefit matters and tax dispute resolution including offers in compromise, installment agreements, deficiency proceedings and Tax Court litigation. ES Law succession planning experts will consult with you to form the most effective succession plan with an eye toward minimizing your tax obligations and maximizing wealth transfer. Tax Law and Representation before the IRSLet the experienced tax attorneys of ES Law help you navigate the complexities of tax law and provide expert representation before the IRSES Law provides its business and personal clients with legal tax planning advice and representation. This includes issues related to business transactions, 1031 deferred exchanges, executive compensation, employee benefit matters and tax dispute resolution, including offers in compromise, installment agreements, deficiency proceedings and Tax Court litigation. Planning & ConsultingES Law's tax attorneys provide business and personal clients with timely, relevant and effective advice regarding their business and personal tax planning needs. ES Law’s attorneys will work with you to minimize your tax obligations. 1031 Tax Deferred ExchangesES Law's experienced tax and real estate attorneys can consult and advise regarding like kind exchanges, including availability and tax consequences, assist in drafting documents, implementing such transactions, serve as or monitor performance of qualified intermediaries, and otherwise consult and assist in all phases of any transaction. Business TransactionsES Law's attorneys have the experience to help you plan and execute business transactions to maximize tax benefits. This includes, without limitation, planning for all tax ramifications of mergers, acquisitions, venture capital and other financing transactions. Executive Compensation and BenefitsES Law's tax and employment attorneys can help you design and implement a variety of employee compensation and benefit plans in order to maximize value to all parties and optimize tax consequences. Dispute ResolutionES Law's tax attorneys will help you negotiate and settle any and all types of disputes... ES Law’s real estate lawyers have an unsurpassed reputation for providing their clients high quality, expert legal services in the real estate area. ES Law represents developers, builders, investors, lenders, owners, landlords and tenants in a wide variety of real estate matters, including conveyances, 1031 exchanges, development, licensure, construction and property tax. Make sure you have a legal partner in your real estate matters who understands your needs and can navigate the legal framework to help you achieve your goals. Real Estate is EverywhereMake sure you have a legal partner in your real estate matters who understands your needs and can navigate the legal framework to help you achieve your goals. ES Law's real estate attorneys are committed to providing high-quality, cost-effective legal representation for the firm's clients. ES Law has an unwavering commitment to its many business and individual clients, and values its commitment to their legal needs as well as its contribution to their growth and prosperity. ConveyancesES Law helps business and individuals buying or selling real estate, including negotiating and drafting purchase agreements or other appropriate documents, reviewing and implementing closing documents, and assisting in every phase of the transaction through completion. 1031 ExchangesES Law’s tax and real estate attorneys consult and advise regarding like kind exchanges, including their availability and tax consequences, assist in drafting documents appropriate to implement such transactions, serve as or monitor qualified intermediaries, and otherwise consult and assist in all phases of any transaction. DevelopmentES Law consults and advises in all phases of development, including site acquisition and planning, planned use and zoning issues, and leasing and occupancy issues. LicensureES Law consults and advises regarding issues related to planning and zoning, and acquisition of necessary licenses, permits or other administrative issues in the use and commercialization of real property. ConstructionES Law assists with all phases of construction, including negotiation and drafting of construction agreements, resolving disputes related to construction agreements, obtaining necessary permits and administrative authorizations, and navigating the legal framework related... ES Law’s trial attorneys represent clients in civil lawsuits involving matters ranging from personal injury claims to complex commercial contract claims. With experienced attorneys in Lincoln and Omaha, ES Law’s Litigation attorneys provides effective, accurate advice and representation specifically tailored to our clients’ needs. ES Law’s Litigation attorneys have a wealth of experience at every level of the judicial system in the state or federal courts in Nebraska, Iowa and several other jurisdictions. And because ES Law belongs to networks of member firms across the country and around the world, we can see that our clients’ interests are protected anywhere in the United States. Litigation Requires Experience and Unwavering CommitmentLet ES Law's Litigation Attorneys Handle Your CaseES Law's Litigation attorneys are licensed in many Midwestern states including, Nebraska, Iowa, South Dakota, Colorado and Kansas. Our trial attorneys represent clients in civil lawsuits involving matters ranging from personal injury claims to complex commercial contract disputes. Business & Commercial LitigationES Law's attorneys pride themselves on offering cost effective solutions to complex business and commercial problems, and the ability to litigate commercial disputes as needed. Labor & Employment LitigationES Law provides clients with effective representation in all areas of labor and employment law, including: employment discrimination defense; employment litigation; wage & hour law claims; FMLA, ADA, ADEA and other state and federal labor litigation; defense of wrongful discharge claims, executive employment agreements and workers’ compensation. AppealsES Law’s appeal specialists can take a case to the next level. Whether in state or federal court, ES Law's attorneys guide clients through the nuances of the appeal process, identifying key issues that can lead to the best result. Personal InjuryES Law's attorneys, in carefully selected cases, represent injured individuals and their families. Our attorneys have the substantial experience required to evaluate and obtain fair compensation for injuries or a wrongful death. Bankruptcy & Creditor's RightsES Law’s attorneys have the experience necessary to collect amounts owed by businesses or individuals who are experiencing financial problems or who have invoked the bankruptcy process. Our knowledge and experience helps to protect and assert the rights of our clients in these situations. Trust &... To help clients protect all of their legal rights and interests and maximize the value of all assets in a climate of fast-paced evolution in the area of technology, Erickson Sederstrom provides a variety of legal services related to intellectual property and technology matters. ES Law’s attorneys have substantial experience with respect to intellectual property protection, software and technology license, sale and distribution contracts, technology company acquisitions and sales, capital formation, technology employee relations, electronic transactions, web site management, Internet fraud and electronic regulatory compliance. Intellectual Property and Technology Assets are More Important than EverLet the intellectual property attorneys at ES Law help you understand, protect, and exploit the value of your intellectual property and technologyES Law's intellectual property and technology attorneys represent national, regional, and local clients in all aspects of intellectual property and technology law. TrademarksES Law can help identify, register and protect your trademarks and service marks, license and otherwise exploit them to your advantage, and resolve disputes related to them, including use and infringement actions. Our services include basic trademark searches, registrations, and maintenance. CopyrightsES Law can help register and protect your copyrightable expressions, license and otherwise exploit them, and resolve disputes related to them, including use and infringement actions. Our services include registration and maintenance. Commercialization ES Law can help structure, negotiate, draft, and implement arrangements, documents and agreements used in commercialization of intellectual property, including patent, trademark, copyright, software and other license agreements, software as a service agreements, development agreements, work for hire agreements, nondisclosure and confidentiality agreements, among others. IP Disputes / LitigationES Law can assist in identifying and analyzing all intellectual property rights and in protecting those rights through whatever legal means are necessary, including, without limitation, cease-and-desist letters, demand letters, prosecuting and defending formal legal actions in state or federal court, participating in administrative proceedings including in front of TTAB, preparing, drafting and implementing settlement arrangements. ProtectionTechnology ContractsTechnology Company Merger and Acquisitions Capital Formation Technology Employee RelationsInternet FraudElectronic Regulatory ComplianceIntellectual Propery NewsNavigating Copyright in the Age... ES Law's attorneys defend businesses and individuals in the many areas of insured litigation, including trucking accidents, injury and death cases, construction defects and accidents, engineer and architect malpractice, accountant malpractice, workers compensation, and defense of municipal liability. ES Law's attorneys advise insurers regarding coverage issues and insurers’ legal obligations arising under insurance policies, whether before or after a claim arises. Complex insurance claims need expert handlingES Law’s Insurance attorneys are experts in claims, coverage, and defense. Insurance DefenseES Law's attorneys defend businesses and individuals in the many areas of insured litigation, including trucking accidents, injury and death cases, construction defects and accidents, engineer and architect malpractice, accountant malpractice, workers compensation, and defense of municipal liability. Insurance CoverageES Law's attorneys advise insurers regarding coverage issues and insurers’ legal obligations arising under insurance policies, whether before or after a claim. Insurance ClaimsThe insurance attorneys at ES Law work with insurance carriers from around the country on all types of claims, ranging from bodily injury to complex commercial losses. Additionally, we are experts at coverage analysis and in assisting our clients with negotiating their claims. Insurance-Related NewsWater Exclusion in Property Insurance Results in No Coverage at Commercial Property Nebraska Supreme Court Affirms Summary Judgment in Bathtub Slip-and-Fall Case Nebraska Supreme Court’s Ruling on Insurance Policy Limitation Periods: Key Takeaways. Legally Entitled to Recover? The case of Geerdes v. West Bend Mutual Insurance Company 12NextLoad More PostsCommon Questions What insurance law services does Erickson & Sederstrom provide? ES Law’s insurance attorneys are experts in claims, coverage, and defense, including insurance defense litigation, insurance coverage advice, and assistance with all types of insurance claims ranging from bodily injury to complex commercial losses. Do you defend insureds in litigation? Yes — ES Law’s attorneys defend businesses and individuals in insured litigation, including trucking accidents, injury and death cases, construction defects and accidents, engineer and architect malpractice,... ES Law provides its business and individual clients with comprehensive estate planning services, including wills, trusts, non-probate transfers, intestate succession and other descendancy issues, both in the business and personal context. ES Law's attorneys focus on making the sometimes stressful times for their clients as easy and efficient as possible, by ensuring that clients are well-prepared to meet all eventualities, both in the business and personal setting, providing reliable peace of mind and security. Are You Prepared? The estate planning attorneys at ES Law are highly experienced in preparing customized estate plans, advising during probate and trust administrations, and preparing you and your family for the unexpected. The resources of a knowledgeable attorney are vital when it comes to estate planning for you and your family. Careful planning can maximize wealth transfer, minimize tax, provide creditor protection, offer continuity for your business, and result in financial security for your family. Wills, Trusts and Powers of AttorneyA well drafted estate plan is no longer an option, it is a necessity. Whether your goal is to maximize wealth transfer, provide for future generations, avoid probate proceedings, minimize tax, plan for the unexpected, or a combination thereof, ES Law’s attorneys are highly experienced in developing customized estate plans that align with each individual client’s needs. Probate & Trust AdministrationProbate proceedings and trust administrations do not have to be a hopeless maze. ES Law’s attorneys are skilled in navigating the myriad of issues which can arise during a probate proceeding or trust administration. ES Law’s attorneys pride themselves in handling these matters in the most cost effective and efficient manner, all while minimizing conflict and protecting fiduciaries. Guardianship & ConservatorshipWhen a family member or friend no longer has the ability to care for himself or herself, the estate planning attorneys at ES Law can assist you in the appointment of a guardian and/or conservator to care for that person’s needs. Appointment proceedings can be complex so a knowledgeable... ES Law’s employment and labor relations lawyers are able to provide clients with representation in all areas of labor and employment law. These include employment discrimination, employment litigation, labor-management relations, wage & hour law and OSHA. We help with preventative measures, including union avoidance and proper maintenance of employee manuals and employment related documents, trade secrets and non-compete agreements and litigation, defense of wrongful discharge claims, executive employment agreements and workers’ compensation. Navigating the Complexities of Labor & Employment Laws Through Legal ExpertiseES Law's Employment Attorneys Are Ready to AssistES Law has long been recognized for its experience and expertise in labor and employment law. Its employment and labor relations lawyers represent clients in all areas of labor and employment law. Human Resource ManagersES Law's attorneys regularly advise HR departments and managers in connection with all aspects of HR policies and procedures, including preventative advice, revision and drafting of employee handbooks and policy manuals, and compliance with all federal, state and local laws and regulations. EmployersOur attorneys handle the full range of legal matters, issues and problems facing employers in today’s highly regulated environment, including defense of employment-related claims, representation in federal and state government investigations and inquiries, advice and counsel on wage & hour issues, OSHA compliance, corporate immigration compliance, federal contractor issues and OFCCP investigations, proprietary information and non-compete agreements, and other areas. ExecutivesOur labor and employment attorneys advise executives in connection with executive employment and compensation agreements, Confidentiality, Non-Disclosure and Non-Compete Agreements, and all related representation and litigation involving Executive Employment Agreements and related issues. Employment Policies and HandbooksEmployment relationships are highly regulated, and it is imperative for all employers to have a properly drafted and maintained Employee Handbook and related employment policies. In the current environment, written employment policies and handbooks can be deemed contracts of employment, and our attorneys work with employers to ensure that all written policies are properly drafted and maintained. Professional Practice FirmsOur employment... ES Law assists its business clients in meeting all varieties of business-related legal needs. ES Law has a wealth of experience in all areas of both for-profit and non-profit business law, including formation and entity selection issues, corporate governance and day-to-day operations, business reorganizations and restructurings, capital formation, private equity, securities, franchising and distribution, mergers and acquisitions, transition planning, shareholder/owner disputes and mediation, and more. The attorneys at ES Law pride themselves on going beyond serving as valued legal advisors, and truly forming productive and long-standing partnerships with clients. Run Your Business. Leave the Legal Issues to Us. The corporate and business attorneys at Erickson Sederstrom are seasoned and trusted business advisors that will partner with you to ensure that your legal needs are being met. ES Law serves as general counsel to for-profit and not-for-profit clients of all sizes, from closely held businesses to publicly traded companies. ES Law meets the legal needs of all varieties of companies, including start-up, entrepreneurial, early and growth stage, high-growth and public companies. Formation & Startup ConsultingES Law can help you select the proper business entity, including corporations, s-corporations, limited liability companies, partnerships, limited partnerships, or others, and prepare you to get your business up and running. Corporate GovernanceES Law can assist in implementing best practices in for-profit and not-for-profit corporate governance and business operations, including directors’ and officers’ duties and Sarbanes-Oxley and other compliance issues. Capital Raise & Private EquityES Law can prepare and consult regarding capital formation strategies, including initial public offerings, placing private debt and equity with individual investors, venture capitalists, and/or angel investors, among others. Mergers & AcquisitionsES Law can represent any side in all types of corporate, commercial and business transactions, including asset purchases, stock or equity purchases, mergers, corporate split-offs and spin-offs, leveraged buyouts, and all other forms of transactions. Succession PlanningES Law will consult with you on forming the most effective succession plan, and draft and implement your plan in a cost-effective and goal-oriented way, including buy-sell arrangements, redemption plans, estate planning matters and all... Our attorneys are recognized and respected throughout the construction industry and the legal community. Many of the attorneys at ES Law regularly appear as expert lecturers and help shape how legal developments impact the construction industry. Our legal acumen and our extensive experience in construction-related claims make ES Law the perfect addition to our clients' construction team. Whether you are experiencing an issue with the construction of a home or a complex commercial project, our team is here to assist you today. ES Law has built a solid foundation of legal experience in Construction LawLearn How the Attorneys of ES Law's Construction Law Practice Can Assist You TodayWhether drafting contracts, assisting in the planning phase, or litigating any level of a defect case, ES Law's respected team of lawyers can provide strong, effective legal counsel. ES Law's attorneys understand the dynamics of construction projects and how to guide clients through potential disputes. Construction LitigationES Law’s has decades of experience prosecuting and defending cases dealing with inadequate contract administration, design and construction defects, pay disputes, project scheduling problems, deficient plans and specifications, construction liens and bond claims, faulty site conditions, and other construction issues. Contract Review & Construction PlanningES Law assists with all phases of construction, including negotiation and drafting of construction agreements, review of construction documents, obtaining necessary permits and administrative authorizations, and consultation regarding any legal issues arising throughout the construction process. Surety Bond ClaimsOur attorneys work with bond companies to investigate and evaluate surety bond claims. ES Law is prepared to litigate whenever necessary. Professional Negligence DefenseArchitects, engineers, and other design professionals face unique risks in their professions. ES Law helps its clients resolve design and construction problems prior to litigation when appropriate, and when necessary, provides aggressive and effective representation throughout the litigation process. Recognized and RespectedOur attorneys are recognized and respected throughout the construction industry and the legal community. Many ES Law's attorneys regularly appear as lecturers on construction-related topics at seminars across the country, which provides us... ES Law’s aviation attorneys assist clients in all areas of aviation representation including: FAA investigations, NTSB appeals, transactions involving aircraft, airport regulation and funding, airport zoning, fixed base operations, contracts for aerospace services or facilities, and ensuring FAR compliance in aerospace operations. Aviation is a heavily regulated industry and ES Law’s aviation attorneys are ready to assist individuals and companies in this area. Issues Can Be Complex, Especially in this Highly Regulated FieldLet ES Law's Aviation Attorneys guide you through these complexitiesES Law's aviation attorneys understand the needs of those in the aviation industry and offer a wide range of legal services to aviation providers. From complex transactions to litigation, whether it involves purchasing an aircraft or dealing with the Federal Aviation Administration, the attorneys in our transportation group have the necessary experience to help our clients navigate through this increasingly complex area of law. Our attorneys are not only well versed in substantive transportation issues, they have real life experience in the aviation industry. Tiernan Siems holds an Airline Transport Pilot’s certificate, flies Part 91 and 135 charter and also provides multi-engine and instrument flight instruction. Tiernan is an AOPA approved Panel Counsel. ES Law's attorneys assist clients in all areas of aviation representation including: FAA Investigations NTSB Appeals Aircraft Transactions Airport Regulation & Funding Fixed Base Operations Aviation Accidents PilotsFrom the first Letter of Investigation from the Federal Aviation Administration, to a Notice of Proposed Certificate Action, and all the way through appealing a License Suspension or Revocation to the National Transportation Safety Board, ES Law aviation attorneys can assist pilots in protecting their licensure. Aviation OrganizationsFixed base operators, maintenance providers, municipalities, and other businesses involved in aerospace face many of the same corporate and employment regulations applicable to non-aviation companies. ES Law's extensive experience and involvement in the complementary fields of Corporate law, Employment law, and Government Relations mean that... ## FAQs Litigation is the legal process used to resolve disputes through the court system when parties are unable to reach a resolution on their own. There is no set timeline for a civil litigation case. Some cases may be resolved within a period of months, while other cases may take years to complete. The length of litigation can vary widely depending on several factors such as case complexity, discovery, settlement attempts, and appeals. You should seek legal help as soon as you believe your rights or interests may be at risk. Attorneys can provide clarity, explain relevant laws and procedures that apply to your specific situation, and navigate you through the complexities of the legal system. A guardianship is a legal arrangement in which the court appoints a guardian to make personal decisions for a protected person. The guardian may be given authority to make decisions on behalf of the protected person about such things as where to live, medical decisions, and managing the personal, legal, medical, and day to day care issues for a person. The key distinction between a guardian and conservator is that a guardian is primarily tasked with making personal, care type decisions for a protected person. A conservator makes financial decisions. A guardianship may be necessary for situations involving a mentally incapacitated adult, an adult with special needs, or an elderly adult with declining health. Guardianships for minors are established when neither of the child’s parents is able to care for the child. Under Nebraska law, anyone under the age of 19 is considered a minor. A conservatorship is when the court appoints a conservator to make financial decisions for the protected person. The conservator typically is given the power to enter into contracts, pay bills, invest assets, and perform other financial functions for the protected person. As part of its estate planning practice, Erickson Sederstrom prepares comprehensive durable financial powers of attorney, along with health care directives, for its estate planning clients. These documents allow adults to name a decision maker for them. A power of attorney can be a crucial tool for avoiding guardianships and conservatorships. By establishing a power of attorney, an individual can appoint someone to manage their affairs if they become incapacitated, effectively preventing the need for a court-appointed guardian. This proactive approach avoids the necessity of opening a legal proceeding to appoint a guardian or conservator. It is important for all adults to review their own estate plan, and make sure they have a power of attorney in place. However, in some cases, a person may not have the legal capacity to execute a power of attorney or may have encountered a medical emergency that requires court intervention. Guardianships and conservatorships often come into play when an adult loses their cognitive capacity, has a disability that prevents them from caring for themselves, or has been in an accident. If you are caring for a loved one who is having issues with managing their own care, it may be time to consult an attorney regarding the establishment of a guardianship or conservatorship. Every person has an estate, big or small, rich or poor. Whether a person has great wealth or just a few tangible possessions, that property must be disposed of at death to loved ones, friends, or charities. The goal of estate planning is to create an orderly plan which avoids unnecessary hassles, delays, and costs and efficiently transfers that property to those chosen to benefit. A trust is an agreement between the creator of the trust (sometimes called a settlor or grantor), a trustee (a person or entity which accepts the job of managing the trust property in accordance with the trust) and one or more beneficiaries (those individuals or charities which will receive the trust’s benefits). There are many different types of trusts, but revocable trusts are a mainstay of estate planning. Clients mainly use revocable trusts as Will substitutes to avoid probate proceedings at their death, thus making their estates easier, faster, and cheaper to administer. Wills are a written document designed to dispose of its creator’s property at death. A Will must appoint a Personal Representative (also known as an Executor) who will execute the instructions in the Will and distribute the decedent’s property to the persons designated to receive it. A Will can be very simple. But often, wills accomplish more complex goals such as the creation of trusts to hold property for an extended period of time. Wills may also address the appointment of a guardian for minor children. It is important to note that a Will is only effective upon its admission to probate by a proper court. Further, state law varies, but Wills must comply with strict formalities in order to be valid. > Serving clients throughout Nebraska and Iowa with offices in Omaha and Lincoln. Full-service legal representation for businesses and individuals.