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Baird Holm Banter®

Baird Holm Banter is a podcast devoted to current topics from the world of law. Each episode will be hosted by a Baird Holm attorney and bring you our expert perspective on today's legal issues.

Tracks

Supreme Court Updates
In this episode of Baird Holm Banter, Sarah Huyck talks to David Kramer about two recent Supreme Court decisions and how those opinions directly and indirectly affect employers. 
29:25 7/17/23
The Pregnant Workers Fairness Act: What Employers Should Know
In this episode of Baird Holm Banter, Sarah Huyck joins David Kramer to talk about the Pregnant Workers Fairness Act including its requirements, its prohibitions, and key takeaways for employers now that the Act is in effect.
18:33 7/11/23
Anti-Trust Enforcement and the FTC Proposal to Ban Non-Competition Agreements
Scott S. Moore talks to David Kramer about the activity by the Justice Department, states and the Federal Trade Commission to place greater restrictions on non-competition agreement by employers, including the FTC’s recent proposal to ban workplace based non-competition agreements.
34:28 1/23/23
Famous Estate Disputes: Lessons Learned
In this episode, Krista Eckhoff joins David Kramer to discuss famous estate disputes, including Robin Williams, Prince, Martin Luther King Jr., Thomas Kinkade, and Joan Crawford, and the lessons learned from those estates. Tune in for some interesting stories and tips for your own estate planning.
27:19 1/12/23
Class Actions 101 for Businesses
Allison Balus talks to David Kramer about what businesses need to know about class actions—what defending against a class action entails, common types of class actions over business practices, and ways to mitigate risks now for when you face a class action later.
29:48 11/15/22
The Omaha Streetcar Project – An Overview
David Levy joins David Kramer to provide a brief summary of the Omaha Streetcar and the innovative use of Tax‑Increment Financing to pay for the project.
33:13 9/22/22
Socially Conscious Investing and Cryptocurrency: Prudent Retirement Plan Investments?
Jeremy Christensen joins David Kramer to discuss recent Department of Labor guidance on the fiduciary prudence of applying a socially conscious analysis to the selection of retirement plan investments and of including cryptocurrencies as a plan investment alternative. Jeremy and David explore the application of ERISA’s high fiduciary standards to these (relatively) new investment strategies and vehicles.
30:01 8/16/22
Equity Compensation Alternatives: Keys for Retaining and Recruiting Talent
In this episode, Hannah Fischer Frey and Morgan Kreiser join David Kramer to discuss equity compensation alternatives for all types of employers and businesses. Hannah and Morgan have seen an increase of equity compensation arrangements by employers in an effort to attract and retain key employees, directors, and management. Tune in to learn more about the different types of equity compensation arrangements available, the reasons to offer (or not offer) equity compensation, and some of the key considerations when offering equity compensation.
34:29 8/2/22
1782 Actions - Obtaining U.S. Discovery for Use in International Proceedings and Investigations
In this episode, David Kramer and Jeremy Hollembeak discuss an increasingly popular, international feature of U.S. law called “1782 Actions” (so-named because they are authorized by Section 1782 of title 28 of the United States Code).  1782 Actions allow parties to proceedings before courts or tribunals around the world to obtain expansive discovery in U.S. federal courts to help with claims or defenses in their non-U.S. proceedings. 
34:04 7/28/22
Defending Against California Lawsuits
Mark Goldsmith joins David Kramer to talk about the challenges that employers face when defending against lawsuits filed in California state court. Mark will discuss how procedures have evolved to make litigating remotely more cost effective, as well as some of the differences that make California cases unique.
28:41 6/21/22
Doobie Do's and Doobie Don'ts: Cannabis Banking
Hannes Zetzsche and Eli Rosenberg join host David Kramer for a wide ranging discussion on cannabis banking. This episode covers the legal treatment of cannabis on both the federal and state levels and what issues and challenges banks face in providing financial services to these businesses.
30:17 5/24/22
Overview of Employment Litigation
In this episode of Baird Holm Banter, David Kramer and David (Dewey) Kennison discuss what employers can expect when faced with a lawsuit. Dewey will provide an overview of the process from start to finish and highlight ways that employers can help counsel defend litigation.
28:06 5/10/22
Commercial Credit Facilities – Borrower Considerations
In this episode of Baird Holm Banter, David Kramer is joined by Aaron Johnson to discuss considerations for corporate borrowers as they negotiate and execute commercial loans.
25:31 5/3/22
Why Employers Should Consider Doing a Wage & Hour Audit
In this episode, David Kramer and Allie Balus discuss the basics of wage and hour law and why employers should consider undertaking periodic wage and hour audits to ensure compliance and strengthen its defenses.
30:59 4/26/22
Solar Energy Development
In this episode of Baird Holm Banter, David Levy and Lee Greenwald join David Kramer to discuss solar energy development, its benefits, and Nebraska’s regulatory landscape.
31:01 4/19/22
Tax Increment Financing Truths & Myths
In this episode of Baird Holm Banter, David Kramer is joined by Michael Sands to discuss how Tax Increment Financing ("TIF") works, how it benefits cities and developers, and some of the common misconceptions related to its use.
29:52 4/12/22
Nonprofit Law: Common Myths & Misconceptions
In this episode of Baird Holm Banter, David Kramer is joined by Stephanie Mattoon to discuss some commonly misunderstood legal issues applicable to nonprofit organizations, including whether proxy or email voting is permissible, when a nonprofit has “members”, how to properly structure a fiscal sponsorship, and why nonprofits can be more engaged in advocacy and lobbying.
31:47 4/5/22
The ABCs of NFTs
In this episode of Baird Holm Banter, David Kramer is joined by Eli Rosenberg to discuss the legal issues surrounding NFTs. David and Eli cover a variety of topic in connection with this emerging technology, including what an NFT is, the current state of the law with respect to NFTs, and considerations NFT buyers and sellers should have when participating in the NFT marketplace.
27:28 3/29/22
Remote Work Considerations Series: Corporate Income Tax Issues for Remote Workers
In this episode, and to wrap up the three-part Remote Work Considerations Series, David Kramer and Hannah Fischer Frey discuss the tax implications of hiring or retaining an employee that teleworks from another state. Such a situation could affect the employer’s income tax withholding obligation and possibly trigger corporate income tax to another state.
27:31 3/21/22
Remote Work Considerations Series: Withholding and Employment Tax
As part of our Remote Work Considerations Series, David Kramer is joined by Morgan Kreiser in this episode to discuss the state income tax withholding, unemployment compensation insurance, and workers’ compensation insurance obligations for employers who have employees working remotely from out-of-state.
28:46 3/15/22
Remote Work Considerations Series: Employment Considerations
Welcome to the new normal. What should employers be thinking about now that everyone wants to work remotely? In this episode of Baird Holm Banter, David Kramer is joined by Randy Stevenson and Sara McCue, who will discuss both the practical and legal implications of remote work. This episode is part one in a three-part remote work considerations series.
33:21 3/8/22
Deep Thoughts on Immigration Law
Join David Kramer and Amy Erlbacher-Anderson in a wide-ranging discussion of employment-based immigration ranging from hiring individuals in H-1B visa status (2022 cap season opened March 1, 2022!) to use of the permanent residence process to allievate staffing shortages in the healthcare industry. 
30:08 3/1/22
Securities 101
In this episode of Baird Holm Banter, David Kramer and Amber Preston discuss federal and state securities laws and the impact of such laws on capital raising and forming new entities.
28:51 2/22/22
Federal Contractors: Are you Ready to Dive into the OFCCP’s Contractor Portal? (plus a Federal Contractor Vaccine Mandate Update)
In this episode of Baird Holm Banter, David Kramer is joined by Kelli Lieurance to cover the new federal contractor obligations to certify affirmative action compliance via the OFCCP’s Contractor Portal. Kelli will also provide a brief update on the status of the Federal Contractor Vaccine Mandate litigation.
29:13 2/15/22
Data-Scraping, Privacy
In this episode of Baird Holm Banter, David Kramer is joined by Patrick Kennedy to discuss personal privacy on the internet and the potential legal implications for individuals and businesses of the Supreme Court's recent holding in an important LinkedIn data-scraping case.
19:32 8/10/21
From Facebook to Firearms – How to Protect Your Entity from Threats and Violence
In this episode of Baird Holm Banter, David Kramer is joined by Heidi Guttau to discuss legal steps employers can take to protect themselves if someone threatens to harm an employee, a customer, or someone else on your property.
21:01 8/4/21
Arbitration: Why or Why Not?
In this episode of Baird Holm Banter, David Kramer and Lindsay Lundholm discuss why more and more businesses are agreeing to resolve disputes in arbitration instead of through the courts, and the differences between arbitration and traditional litigation which impact that decision.     
23:52 7/19/21
Are Robocalls Illegal?
In this episode of Baird Holm Banter, David Kramer and Tessa Lancaster discuss the boundaries of the Telephone Consumer Protection Act and how companies should approach robocalls and automated text messages.
21:31 7/12/21
Where Can My Business Be Sued?
In this episode of Baird Holm Banter, David Kramer is joined by Nick Miller to discuss the states in which a Nebraska-based business can potentially be sued based on commercial activity conducted over the internet.
22:29 6/18/21
Are We Still Under a Federal Public Health Emergency?
In this episode of Baird Holm Banter, David Kramer talks with Kim Lammers about the timing of the federal public health emergency declarations for COVID-19, how the waivers that have been granted to health care providers tie into these emergency declarations, and how long we believe the emergency declarations and waivers will be available for providers to rely on as the numbers of new COVID cases continue to go down.  
22:43 6/14/21