Legal Updates
The Right to Trial by Jury – The Balance Between Exercising Constitutional Rights and Protecting Contractual Rights
A recent decision from the United States District Court for North Dakota addresses the importance of the 7th Amendment right to trial by jury. The 7th Amendment provides, in relevant part, that “[i]n Suits at common law, where the value in controversy shall exceed...
WTA/WHP Truck Driver Survey Report
The Wyoming Truckers Association along with the WHP and Wyoming Workforce Services recently published the results of a survey of long haul truck drivers who transport loads through Wyoming. According to the report, they asked drivers about their views of safety on...
Woznick to Present at upcoming 2018 Wyoming State Bar Conference in September
Lindsay A. Woznick is an AV-rated partner with Hirst Applegate, LLP where she has practiced since 2005. As part of her real estate practice, Ms. Woznick represents both oil and gas producers and landowners in negotiating oil and gas leases, water use agreements,...
Hirst Applegate Partner to Present at Wyoming Nonprofit Conference
Billie Addleman will present “Why, How and When It’s time to Have Difficult Conversations with Members of Your Board” along with Craig Showalter, President/CEO of the Wyoming Community Foundation. The presentation will be part of the two day Wyoming Nonprofit...
Department of Labor Opinion Letters and New Guidance Regarding Employee Breaks, Travel Time, and Wage Garnishment
Last summer, the U.S. Department of Labor (DOL) reinstated its practice of issuing opinion letters – official statements of DOL policy – to employers and employees regarding application of the Fair Labor Standards Act (FLSA) and the Family Medical Leave Act (FMLA). ...
Do I Have to Pay My Summer Intern?
As the days get longer and the summer season beckons, many employers are preparing their summer internship programs. An internship is a great opportunity for a college student or budding professional to gain hands-on experience, and at the same time provides an...
WYOMING’S “POLST” PROGRAM AND YOUR ESTATE PLAN
by: Shaina Case “POLST” stands for “Provider Orders for Life Sustaining Treatment Program.” (Wyo. Stat. Ann. § 35-22-501 et seq.). POLST is not an acronym commonly known among households, attorneys, or medical providers, even though it became effective three years ago...
DID YOU KNOW? – A BASIC OVERVIEW OF CHARITABLE LEAD TRUSTS
By Shaina Case As you recall, charitable trusts allow a donor to set aside assets for one or more charities. Two different types of charitable “split interest” or “mixed” trusts exist: (1) charitable remainder trusts (“CRTs”); and (2) charitable lead trusts (“CLTs”)....
DID YOU KNOW? – TAKE CONTROL AND CHOOSE A GUARDIAN FOR YOUR MINOR CHILDREN THROUGH YOUR LAST WILL AND TESTAMENT
By Shaina Case No one likes to envision the scenario in which they have children and then do not have the joy, pride, and pleasure of raising them. No one cares for your own children like you do. Planning and preparing, for what is hopefully a very remote and unlikely...
Everyone has an estate plan—Did you design it, or are you leaving it up to the legislature’s statutory scheme?
by Shaina Case The answer to the question of whether you have an estate plan may not be that easy. Approximately 65% of the United States’ population has not sat down with their estate planning attorney, financial advisor, and/or accountant to discuss implementing an...