Lynn Jackson Opens New Spearfish Office

An early autumn snowstorm did not put a damper on the celebration of Lynn Jackson’s new Spearfish office earlier this month. Clients, members of the community, staff, and attorneys from the Firm’s three South Dakota offices gathered for an open house on Thursday, October 10, despite a blizzard that dropped more than a foot of snow on the northern Black Hills.

The Firm’s new office is located on the fast-growing northeast side of Spearfish, just a block north of Interstate 90. The office is on the upper floor of the First Interstate Bank building.

The Spearfish Chamber of Commerce honored the move with a ribbon cutting ceremony on Tuesday, October 15.

You’re invited to visit the firm’s new space at 311 North 27th Avenue, Suite 4.

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Unlimited PTO: Avera joins national trend by removing cap on vacation days for senior employees

Patrick Anderson, Sioux Falls Argus Leader, Published 12:22 p.m. CT Sept. 6, 2019

Vacation days aren’t as precious as they once were for some Avera Health employees, who no longer are hoarding their paid time off.

There is no need when there is no cap on vacation days – at least for director-level and above positions.

Avera Health is part of a growing number of employers across the United States that have stopped tracking vacation time for certain employees and replaced old policies with what’s typically referred to as unlimited paid time off (PTO).

“What inspired us to be able to offer it at that executive level was not only seeing others were looking at doing it,” said Kim Enebo, vice president of talent and rewards for Avera’s human resources department. “But also, technology has really blurred time off from really being time off. When I’m on vacation I’m still connected by a laptop I took with me, by my cell phone people are calling me on.”

Unlimited PTO has been rolled out by a number of larger employers across the United States, who forego the standard accrual-based time-off approach for a vacation policy that is more open-ended and relies on employees to complete their duties and then rewards them by not clocking their vacation.

Leaders in Avera’s human resources and finance offices started rethinking the health care system’s time-off policies after learning that other health care groups and companies were finding success by taking away accrued PTO hours.

The Sioux Falls-based health care group took the leap in 2016 and then spent months in transition as Avera workers cashed out the last of their last accrued PTO balances, some of it held and rolled over from years of saving.

Then, in July of 2017, the new policy went live.

Not everyone was affected. Because Avera is a care provider, there are different time-off strategies that need to be used depending on the worker, Enebo said. Doctors, for example, have their own time-off rules. Hourly workers also don’t qualify and still accrue PTO.

But for directors and above, across departments – in HR, marketing, nursing, lab, radiology, long-term care, clinic staff – vacation days were no longer finite.

In place of those precious hours, so often saved and used sparingly, was an understanding: You get 100 percent of your pay and we’re not going to nitpick how many days or weeks off you take, Enebo said.

Avera does set a rough guideline of six or seven weeks per year, she said. And employees who qualify for limitless PTO still must work with their supervisor to plan ahead and take time off when it doesn’t interfere with others.

Why are employers making the switch?
A number of major firms have adopted a similar approach to paid time off, including tech companies such as Netflix, LinkedIn and Hubspot.

General Electric rolled out unlimited PTO in 2015 in a move that affected tens of thousands of the company’s senior-level staff.

Sanford Health is also aware of the practice, but a representative for Sioux Falls’ other growing health care system declined to say if it was considering implementing such a plan.

“It is something that has been getting more and more attention and is being considered more across both the health care industry and outside the health care industry,” said Darren Walker, Sanford’s vice president of human resources.

In addition to adding a perk that is potentially appealing to workers or potential new hires, there are some real organizational benefits to replacing accrued time off with unlimited PTO, said Jennifer Frank, a South Dakota employment attorney for Lynn, Jackson, Shultz and Lebrun.

“The company no longer has to accrue PTO and track PTO usage, which is a big administrative headache,” she said.

There’s also a real financial benefit for employers who do away with PTO balances among their more highly paid staff, Frank said.

“It becomes a very large account balance that just sits there as a liability on the employer’s books,” Frank said.

Workers meanwhile get the added flexibility of untracked vacation.

But it doesn’t come without a couple of potential pitfalls. Employees are now responsible for handling their time off and trouble can result from those who either abuse that flexibility or ignore it.

“Does it cause employees to go take too much PTO so that they don’t get their work done?” Frank said. “(Some) employees actually won’t take time off, so they get burned out.”

Avera has found the unlimited time off approach to be more fitting given how technology has changed how people communicate, both at work and on vacation.

Cell phones are always there. A laptop is never far away.

If an employee winds up spending four hours answering emails on a day off, they don’t have to worry about whether they really should burn a PTO day, Enebo said.

The result is a vacation schedule that provides more balance, both for Avera and its employees, Enebo said.

“What we find we need to do more is encourage people on these plans to really take time away,” she said.

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OPEN POSITION: Experienced Paralegal

Lynn, Jackson, Shultz & Lebrun, P.C. is seeking an experienced paralegal to support its Estate Planning and Probate group in the Rapid City Office. The ideal candidate has a paralegal certificate or degree and has a minimum of 5 years of experience as a Probate Paralegal.

Candidate will primarily provide support to attorneys in the firm’s estate planning and probate group including preparation of pleadings, probate forms, estate planning documents and correspondence; communication with clients; assistance with administration of estates and trusts including review of documents and records provided by clients, CPAs, banks and corporate fiduciaries. Case and calendar management.

Must be able to learn and use firm practice management and time and billing software. Proficiency in the Microsoft suite of products including Word and Excel is required.

Candidate should be organized, able to exercise independent judgment, problem solve and prioritize workload. This position requires a strong work ethic and the ability to work independently and in a team environment. Solid writing and proofreading skills are required. The candidate will be expected to exercise discretion in handling sensitive and confidential client information.

The firm offers: competitive compensation, 401(k)/profit sharing plan, paid holidays, PTO, a generous benefits package including health insurance, life insurance, and disability.

Job Type: Full-time

Interested applicants must submit a cover letter and resume to Pam Asbridge: pam.asbridge@lynnjackson.com or Attn: Pam Asbridge, Lynn, Jackson, Shultz & Lebrun, P.C., 909 St. Joseph Street, Ste. 800, Rapid City, SD 57701:

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OPEN POSITION – Legal Secretary: Full time position as a front office/legal secretary in our Spearfish Office.

Under minimal supervision, provides legal secretarial assistance to assigned attorneys and/or legal staff. Prepares, processes, and types legal documents such as contracts, briefs, summonses, complaints and motions. Proofreads material to ensure high quality products, file information promptly and accurately, meet deadlines and take appropriate action. Enters, updates and retrieves information using multiple systems and databases. Maintains and coordinates calendars. Front office responsibilities include greeting clients, vendors and outside visitors; process incoming and out going mail; orders supplies and maintains office equipment. Work for additional assignments when team coverage is necessary, and assist with special projects and cooperate with other support staff in performing any duty essential to the achievement of efficient operations. Duties include billing processes for assigned attorneys.

Must have: high school diploma, accurate typing skills of 65 wpm, excellent communication skills both oral and written, between 3-5 years secretarial experience, ability to manage multiple tasks at one time and perform well in stressful situations.

If interested please send resume to:
Attn: Pam Asbridge
Lynn, Jackson, Shultz & Lebrun, P.C.
909 St. Joseph Street, Suite 800
Rapid City, SD 57701 or
Email: pam.asbridge@lynnjackson.com

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Lynn Jackson Lawyers Named as 2020 Best Lawyers in America®

Thirteen of the Firm’s lawyers have been named to the 2020 Best Lawyers in America® list. In addition, two lawyers earned recognition as “Lawyer of the Year,” a prestigious distinction, since only one attorney is recognized as the “Lawyer of the Year” for each practice area and location.

Recognition by Best Lawyers is based entirely on peer review. The peer review methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

The following two Lynn Jackson lawyers were named as 2020 Best Lawyers in America® “Lawyer of the Year”:


2020 “Lawyer of the Year”:

Rapid City

Haven L. Stuck

Administrative/Regulatory Law

Sioux Falls

Steven J. Oberg

Litigation – Insurance

The following 13 Lynn Jackson lawyers are listed as 2020 Best Lawyers in America® in the following practice areas:

Rapid City, SD

Jeffery D. Collins

-Commercial Litigation
-Litigation Insurance

Thomas G. Fritz

-Administrative / Regulatory Law
-Bet-the-Company Litigation
-Commercial Litigation
-Litigation – Insurance
-Personal Injury Litigation – Defendants
-Personal Injury Litigation – Plaintiffs

Aaron T. Galloway

-Business Organizations (Including LLCs and Partnerships)

Samuel D. Kerr

-Education Law

Mclean Thompson Kerver

-Business Organizations (Including LLCs and Partnerships)
-Commercial Transactions/ UCC Law

Gene N. Lebrun

-Commercial Litigation
-Copyright Law
-Corporate Law
-Energy Law
-Litigation – Intellectual Property

Haven L. Stuck

-Administrative/Regulatory Law
-Banking and Finance Law
-Business Organizations (including LLCs and Partnerships)
-Corporate Law
-Land Use and Zoning Law
-Litigation – Banking and Finance
-Litigation – Real Estate
-Litigations and Controversy – Tax
-Natural Resources Law
-Real Estate Law
-Tax Law

Sioux Falls, SD

Michael L. Luce

-Appellate Practice
-Bet-the-Company Litigation
-Commercial Litigation
-Litigation – Construction
-Litigation – Insurance
-Mediation
-Personal Injury Litigation – Defendants
-Personal Injury Litigation – Plaintiffs
-Product Liability Litigation – Defendants

Steven J. Oberg

-Commercial Litigation
-Litigation – Insurance
-Personal Injury Litigation – Defendants
-Personal Injury Litigation – Plaintiffs
-Product Liability Litigation – Defendants

Dana Van Beek Palmer

-Employment Law – Management
-Litigation – Insurance
-Litigation – Labor and Employment

R. Alan Peterson

-Administrative/Regulatory Law
-Arbitration
-Employment Law – Individuals
-Employment Law – Management
-Litigation – Insurance
-Litigation – Labor and Employment
-Mediation
-Personal Injury Litigation – Defendants
-Workers’ Compensation Law – Claimants
-Workers’ Compensation Law – Employers

Miles F. Schumacher

-Business Organizations (including LLCs and Partnerships)
-Corporate Law
-Energy Law
-Mergers and Acquisitions Law
-Municipal Law
-Nonprofit/Charities Law
-Real Estate Law

Spearfish, SD

Thomas E. Brady

-Litigation – Construction
-Personal Injury Litigation – Defendants
-Personal Injury Litigation – Plaintiffs

About Best Lawyers
Best Lawyers is the oldest peer-review publication in the legal profession. A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by his or her peers. The lists of attorneys are compiled by conducting peer-review surveys in which tens of thousands of leading lawyers confidentially evaluate their professional peers.

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Estate Planning Seminar

Join Lynn Jackson attorney, Drew Skjoldal, along with Melissa Hampton with Edward Jones for a free seminar on estate planning on Thursday, July 18th, 2019 at 6:00 PM at The Local at 1064 Main Street in Sturgis.

There is no charge to attend.

Attendees are invited to ask questions as there will be an open discussion on wills and trusts, Medicaid planning, long-term care insurance and tax consequences of estate planning.

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Lynn Jackson Lawyers Named to 2019 Great Plains Super Lawyers® and Rising Stars List

2019 Great Plains Super Lawyers®:

Thomas G. Fritz, Rapid City, SD
Civil Litigation, Business Litigation

Haven L. Stuck, Rapid City, SD
Real Estate, Energy & Natural Resources, Business/Corporate

Michael L. Luce, Sioux Falls, SD
Business Litigation, Civil Litigation, Alternative Dispute Resolution

R. Alan Peterson, Sioux Falls, SD
Workers’ Compensation, Personal Injury – General, Energy & Natural Resources

The following attorneys are listed on the 2019 Great Plains Rising Stars, which recognizes the top up-and-coming attorneys who are 40 years old or younger, or who have been practicing for 10 years or fewer:

McLean Thompson Kerver, Rapid City, SD
Estate Planning & Probate, Business/Corporate

Cassidy M. Stalley, Rapid City, SD
Family Law

Kraig L.Kronaizl. Sioux Falls, SD
Estate & Probate

Tracye L. Sherrill, Sioux Falls, SD
Workers’ Comp

N. Drew Skjoldal, Spearfish, SD
Estate & Probate

Learn more about Great Plains Super Lawyers here.

Jerry D. Johnson to join Lynn Jackson

Jerry D. Johnson to join Lynn Jackson Tuesday, 02 July 2019

Lynn, Jackson, Shultz & Lebrun, P.C. is pleased to announce that attorney Jerry D. Johnson has joined the firm effective July 1, 2019.

Jerry has been practicing law in Rapid City for the last 41 years. His practice consists primarily of insurance and institutional defense work. He has tried over 40 jury trials and maintains a broad-based defense litigation practice.

Jerry is a member of the State Bar of South Dakota Trial Lawyers Association, American Board of Trial Advocates, Outstanding Lawyers of America, Great Plains Super Lawyers and Defense Research Institute. He has also received the honor of an AV Preeminent legal rating with Martindale-Hubbell.

Jerry is a well respected attorney and Lynn Jackson is happy to welcome him to the firm.

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Attorney Spotlight: Wade E. Warntjes

For those of you that aren’t familiar with my story, I am the Advocacy Chair for the Pancreatic Cancer Action Network in South Dakota. This is a cause that is near and dear to my heart as my wife’s sister died of pancreatic cancer about 2 ½ years ago at the age of 40. She was a single mom with 2 adult children and a 9 year old little girl at the time. My wife and I are now permanent legal guardians of Kiana and are blessed with the opportunity to watch her grow up every single day.

Pancreatic cancer is the 3rd leading cancer killer in the US and will be 2nd by 2020, yet receives very little funding on the national level. The 5 year survival rate is only 9%, and over 70% of those diagnosed die in the first year. However, we are making strides through scientific research, patient services, government advocacy, and community engagement. PurpleStride, the walk to end pancreatic cancer, is one of the largest sources of funding for the Pancreatic Cancer Action Network.

Our 3rd annual PurpleStride Sioux Falls is scheduled for June 1, 2019 at Cherry Rock Park. There are several ways you can help. If you want to participate in the walk or the untimed run, or want to volunteer on the day of the event, you can join our team, Ranae’s Purple Ribbon Runners by following this link, https://support.pancan.org/site/TR/PurpleStride/PurpleStride?pg=entry&fr_id=1701, clicking on register, join or bring back a team, search for Ranae’s Purple Ribbon Runners, and selecting whether you want to participate or volunteer. If you choose to volunteer I would ask you also register on this link, https://www.signupgenius.com/go/70a054aacaf23abf49-purplestride, so we at the local level know how many volunteers we have and what you would like to do. If you cannot join us the day of the event, I encourage you to make a donation to my personal page using the following link, https://support.pancan.org/site/TR/PurpleStride/PurpleStride?team_id=17823&pg=team&fr_id=1701. Please find it in your hearts to help us wage hope against this terrible disease.

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Lynn Jackson attorney, McLean Thompson Kerver, named South Dakota Community Foundation KEY CLUB member

The South Dakota Community Foundation KEY CLUB is made up of about 70 respected and trusted professional advisors from across the state. McLean has played a key role in strengthening the South Dakota Community Foundation and has helped her clients leave behind a legacy they can be proud of. 

Congratulations, McLean!

About South Dakota Community Foundation:

To bring philanthropy to life for a stronger South Dakota.

Every day SDCF works to simplify the philanthropic process and make your charitable donations do more. On the one hand, SDCF helpS donors take advantage of tax benefits, manage their paperwork, and stay on top of philanthropic trends and legal details. On the other, SDCF focuses on growing their charitable dollars through careful investments—so their donations can provide long-term support for charitable causes.

SDCF administer approximately $300 million in assets for more than 850 endowed funds. SDCF provides grants and administrative support to nonprofit organizations and serve as a philanthropic resource for donors, advisors, and nonprofits throughout the state.

The SDCF helps a variety of people, but its purpose is singular—to make South Dakota better for all generations, today and tomorrow. Since 1987, SDCF has helped people reach their philanthropic goals and strengthen their communities.

Whether you are just beginning to learn about our mission or have partnered with SDCF for years, SDCF invites you to explore how they are helping to build a stronger future for the state.

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