People who make a disability claim in the U.S. will have stronger protections when a new rule goes into effect April 1, 2018. Late last year, the Department of Labor released a final rule to strengthe...

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A Minnesota federal judge recently issued an order that has big potential implications for Minnesota homeowners who had part of their claim denied by a matching exclusion. Specifically, customers of A...

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Super Bowl LII hosted in Minnesota will impact just about every area of our economy, including real estate. In a prior article, I discussed issues surrounding short-term rental of homes to accommoda...

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While 2017 has brought great fortune and growth in the real estate market, the year has unfortunately also seen several management companies’ theft/embezzlement from their association clients. To...

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If you are a landlord of residential rental property in the state of Minnesota, you may be subject to a rent escrow action to remedy alleged “violation(s)” at your property.

What is a ren...

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The high volume of civil sexual abuse cases against institutions triggered by Minnesota’s Child Victim Act has resulted in intense litigation over various potential causes of action.  Many...

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The Office of the Comptroller of the Currency (OCC) shared several updates over the past six weeks that require the attention of financial institution leaders. In fact, some changes go into effect as...

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This post is the last in a three part series regarding insurance issues related to hurricanes Harvey and Irma. Read about the first post on legal restoration and the second on business interruption.

... Read more

This blog post is the second in a three part series. Read about the legal restoration overview here and keep watch for the final installment on Reinsurance.

Business owners affected by hurricanes Har...

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The history of non-compete agreements might be described as a pendulum. The past five years have seen a significant movement in employer attempts to broaden noncompete agreements and limit employee pr...

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Real estate agents often question what rights and remedies they may have against the seller in the event of a non-disclosure claim. In many home sales, the buyer, seller and agent sign an arbitration...

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This blog post is the first in a three part series. Check back soon for posts that cover Business Interruption Coverage and Reinsurance.

Business owners affected by hurricanes Harvey and Irma spent t...

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Most association governing documents contain provisions requiring the association to establish and maintain one or more reserve accounts that are used to set aside funds for the future maintenance or...

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“[W]e are infallible only because we are final.”

Brown v. Allen, 344 U.S. 443 (1953)

(Jackson, R., concurring)

 The oft-cited remark by Justice Robert Jackson of the U.S. Supreme C...

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Even though I’m a lawyer, my blog posts don’t always need to discuss law-related topics. I’m entitled to digress from time to time, particularly when the “issue of the day&rdqu...

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“When you can spell subpoena without thinking

about it … you know you’ve made it.”

Hall of Fame musician David Lee Roth

The declaration of war this summer by Attorney Gener...

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“Justine [Damond] did not have to die …

This should not have happened.”

Ex-Minneapolis Police Chief Janee Harteau

(July 20, 2017)

The slaying in mid-July of south Minneapolis re...

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It's not a major holiday — in fact, it's not a holiday at all — but this upcoming Sunday, Sept. 17, is a noteworthy day: Constitution Day. The low-profile event commemorates the signing...

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“We used to build civilizations,

Now we build shopping malls”

Author Bill Bryson (posted Nov. 22, 2002)

The Mall of America in Bloomington commemorated its 25th anniversary this mo...

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As Minnesota law turns 30, here's what you need to know

This year marks the 30th anniversary of whistleblower law as a fixture of the Minnesota legal landscape. It's an apt time to consider 30 aspects...

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As we become more mobile, law firms face substantially greater challenges meeting their ethical obligation to keep client information confidential. The progress, convenience, and efficiency that techn...

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Employment & Labor Law Judicial Law

• Gender surgery; no discrimination claim, but ACA remanded. A challenge by a Minnesota mother to an employer and third party health admini...

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 “[T]ransparency and disclosure are

essential in today’s marketplace.”

Rhode Island senator and author Joe Reed (June 16, 2009)

Although federal legislation is sprinkled...

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As a contractor, getting paid for work completed isn't always as easy as collecting onsite or sending an invoice. Hellmuth & Johnson construction law attorney Blake Nelson answers fact or fiction w...

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“[L]iberty means…the right to tell

people what they do not want to hear.”

George Orwell

Shortly before its summer recess, the U.S. Supreme Court in late June issued a p...

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The delays continue regarding the overtime rule that was originally set to go into effect on December 1, 2016. This rule would have raised the salary threshold for exempt employees – those emplo...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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“And on the seventh day God ended his work …

and he rested… from all his work.”

Genesis 2:2 (King James Bible version)

Now that Minnesotans can purchase off-sale liqu...

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This article, the fourth in a series of updates regarding implementation of the Buffer Law, summarizes six common alternative practices that landowners may wish to consider in lieu of a standard buffe...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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Those of us of a “certain age” know exactly what a speaker means when she says, “She’s the ‘Mrs. Kravitz’ of the neighborhood.”  For those too young to a...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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As summer gets into full swing, Minnesotans spend more time outdoors, and some community association members make plans to build or replace decks attached to their homes.  In many cases, such dec...

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“To create a public scandal is what’s wicked”

French Author Moliere, Tartuffe (1664)

Forty-five years ago this week, Saturday, June 17, 1972, to be exact, was the beginning of one...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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With an increase in storm damage events throughout the Midwest, insurers are becoming increasingly frugal when adjusting storm damage losses. In the past, disputes regarding the value of the loss typi...

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Individuals, businesses, and organizations that value their reputations — and which ones don't? — are exulting in a ruling of the Minnesota Supreme Court that facilitates their ability to p...

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Important changes to Minnesota law were recently made that will affect real estate developers, builders, associations and unit owners.  Minnesota Statutes Chapter 515B, the Minnesota Common Inter...

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“If sinners entice thee, consent thou not.”

     The Proverbs, 1:10

Warrants are generally required to satisfy the reasonableness requirement for criminal searches under t...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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EMPLOYMENT & LABOR LAW JUDICIAL LAW

Unfair labor practice; employer’s challenge rejected. A determination by the National Labor Relations Board (NLRB) that a Minnesota-based emplo...

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Simple and straight-forward are two words rarely associated with software license agreements. For example, a ruling out of the UK demonstrates the importance and real-life costs that can result when t...

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Large severance payments have made a few people relatively rich, including some in Minnesota, and many others very unhappy.

The latest was the $25 million severance reportedly paid out late in Ap...

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“An appeal is [asking] one court to show its contempt for another.”

     - Finley Peter Dunn (1900)

President Donald Trump’s cry to “break up” one o...

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Whether you are new to selling rental proper­ty or deal exclusively in rental property, this article offers two examples of state and local laws that apply dif­ferently to sellers depending on...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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“The family only represents one aspect … of a human being’s functions and activities.”

Havelock Ellis, The Task of Social Hygiene (1884)

Termination of parental rights litig...

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Following a couple of weeks of anguishing, leaking and launching trial balloons, Fox News pulled the plug last week on Bill O’Reilly.

After it was reported that the premier performer of the net...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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“I don’t settle cases very easily when I’m right.”

President elect Donald J. Trump (November 18, 2016), commenting on settlement of the University of Trump fraud lawsu...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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Judicial Law Due process; failure to exhaust remedies.

The director of a wellness program at the University of Minnesota failed in his assertion of violation of procedural due process after he...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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“I have one client; it’s the Law”

Judge Neil Gorsuch during Senate Confirmation Hearing (March 21, 2017)

During his confirmation hearing for chief justice of the Supreme Co...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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“The world made safe for democracy.”

President Woodrow Wilson (April 2, 1917)

There is hardly a soul alive today who recalls the entry of the United States into World War I, whose 1...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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Over my years of practice, I have found that many of my estate planning clients have owned one or more business interests — these interests have been actual, operating commercial businesses...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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I have been practicing law now for nearly 30 years. For a salty litigator in his mid-50s, I'm fairly well acquainted with technology, both in and out of the office. However, I must attribute at least s...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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A trend in insurance called labor depreciation could leave you holding the proverbial bag when it comes time for a covered repair. The practice, which only continues to grow, can leave claimants witho...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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The echoes from the lamentations about the demise at the end of March of the downtown Minneapolis Macy’s store, the former Dayton’s, had barely subsided when J. C. Penney announced last we...

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“An American has no sense of privacy…  there is no such thing in the country.”

George Bernard Shaw (1933)

The observation by the great British playwright about t...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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There are many moving parts in-volved in the sale of a condo-minium, townhome or cooperative share. Is the unit staged to get the best possible price? Is the home priced right? What do sellers need to...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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“Valentine’s Day is only as good as you want it to be.”
Musician Prince Royce

Tuesday, Feb. 14, is Valentine’s Day, a 24-hour period dedicated to love and  a $20 billi...

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Special Needs Trusts.  This is a form of a Supplemental Needs Trust which is established by a disabled individual for assets or benefits they have received while on public assistance. Prior law h...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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Editor’s note: Tanick’s article was filed from Washington, D.C., where he attended the women’s march and the presidential inauguration.

Stare decisis “is not, to be sure, an i...

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In Minnesota, a homeowner can make a claim for defective construction in new homes (and remodeling projects). The defect or error, however, must be discovered within 10 years of completion of the work...

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There has been a flurry of activity since January 20, 2017, regarding immigration control in the United States.  Most of the focus has been on building a wall on the Mexican border.  However...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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The Trump Administration has promised to make immigration control a top priority.  Immigration control was among the most prominent issues to the Presidential campaign.  While new laws may m...

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Every business and employer must carefully classify its workers as employees or independent contractors to avoid problems with multiple federal laws.  The United States Department of Labor is emp...

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The federal government can, and does, impose penalties on businesses and employers who hire illegal aliens.  These penalties can be severe.  On December 29, 2016, the government filed a Fina...

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Contested cases that prosecute a Immigration Reform and Control Act, or IRCA, claim, have their own unique set of rules.  Lawyers will recognize some rules which are consistent with the rules of...

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Only three days after firing Tracy Claeys, the University of Minnesota announced PJ Fleck as its fifth football head coach in ten years.   The events leading up to Claeys’ dismissal ha...

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“It is important that you do not give away any clues to the

identity of a source who has asked to be anonymous.”

Chapter 60, The News Manual (2008)

Next week, Tuesday, Jan. 24, to...

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Due to the strictures imposed by the Private Securities Litigation Reform Act (“PSLRA”) and Securities Litigation Uniform Standards Act (“SLUSA”), securities fraud class action...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

Read more

Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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“Every sweet has its sour; every evil, its good.”

             - Ralph Waldo Emerson, Essays (1841)

Victory was sweet for the winners and defeat was bi...

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EMPLOYMENT & LABOR LAW JUDICIAL LAW

• Disability discrimination; reasonable accommodation request. The notification by an employee of an inability to do her work until cleared to d...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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The past year has been a momentous, historic, and calamitous one, and as 2016 draws to a close it's probably a good idea for businesses, employers, and employees to unwind before welcoming in 2017. End...

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“It’s exhausting when you have to work

overtime to make something work.”

Actress Patti LuPone

Overtime compensation seems, on the surface, to be relatively straightforward. Eligib...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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“Life is more or less a lie, but then again,

That’s exactly the way we want it to be.”

Bob Dylan

Bob Dylan will be a no-show in Stockholm for the presentation of his Nobel Prize f...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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In May 2016, the Department of Labor implemented a new rule raising the salary threshold for exempt employees from $23,660 annually, or $455 per week, to $47,476 annually, or $913 per...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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This year marks the 225th anniversary of the ratification of the Bill of Rights, which occurred on December 15, 1791, when the requisite 10 of the 14 states, (the original 13 plus Vermont, which was a...

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Preparing for incapacity or death is never a pleasant task, but is in many cases all about making sure that events will be handled according to your wishes in circumstances where you may no longer be...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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As published in Minnesota Lawyer. 

Now that Donald Trump has been elected president, it remains to be seen if he will fulfill his threat to sue 11 women who accused him of sexual improprieties a...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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 Planning for the disposition of the client’s assets at his or her death. Asset protection planning. Planning for disability and incompetency. Business succession planning (without the... Read more

This update, the third in a series of updates about the Buffer Law’s implementation, will summarize existing and developing provisions on how the law will be enforced. 

Part One: http...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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This article is part two regarding Minnesota's buffer law. Read part one here.

With the November 2017 deadline for land owners with land adjacent to public waters approaching, the Minnesota Board of...

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JUDICIAL LAW

Overtime pay; two claims rejected. The 8th Circuit rejected a pair of overtime compensation claims under the Fair Labor Standards Act, 29 U.S.C. §201, et seq.

Truck d...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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“The farther we’ve gotten from the magic and mystery of our past, the more we’ve come to need Halloween.” 

Paula Corran, October Dreams (2000)

Americans are expecte...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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These suggestions are not meant as legal advice.  They are general in nature and may not be helpful in your case, and could be counterproductive in some situations.  It is best to seek legal...

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Could a Standard Choice of Forum Clause in an Agricultural Loan Document Subject Your Bank to a $2,500.00 Penalty?

While care must always be employed when drafting loan documents, a bank must be...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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“Discourage litigation … [and] compromise whenever you can.”

Abraham Lincoln, Notes for a Law Lecture (1850)

Settlements of legal disputes are “favored in the law,” as...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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The upcoming elections on Tuesday, November 8 provide an opportune occasion to review the rights and obligations of employers and employees with respect to time off for voting.

Employees in Minnesota...

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Judicial Law

• Race discrimination; no adverse action. An African-American employee’s claims of race discrimination and retaliation after he depleted his medical leave following a rep...

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Moore About the World: Wherever geo-politics and business strategy crash into history, most of this has happened before. Adding his unique brand of wit and wisdom to his problem-fixing experience as a...

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The 2016 Minnesota State Legislature passed some amendments to the 2015 “Buffer Law” that was a cornerstone of Governor Dayton’s agenda.  In general, the law requires land owner...

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“That was the curious incident”

Arthur Conan Doyle, “Silver Blaze” (1892)

The U.S. Supreme Court decided eight workplace-related cases during the 2015-16 term.

But it was th...

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“[L]et us resolve to continue embodying the American spirit that no act of terror can ever extinguish.”

President Barack Obama, Sept. 10, 2015

It has, remarkably, been 15 years since the...

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It is common practice for landlords to screen prospective tenants, and many associations require owners to conduct background checks before leasing units in common interest communities. Credit reporti...

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“­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­[M]y retaliation will be you...

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There have been significant 2016 developments in the probate and trust area at both the federal and Minnesota level. 

Charitable Remainder Annuity Trusts (“CRATs”).  The IRS iss...

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Supreme Court jurist retiring after nearly a dozen years on appellate tribunals

The announcement by Justice Christopher Dietzen this spring that he will resign from the Minnesota Supreme Court at the...

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“Defend us, thy humble servants in all assaults of our enemies”

The Book of Common Prayer, a Collect for Peace (P. 17)

Assaults are frequently criminally prosecuted usually resultin...

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“It is the customary fate of new truths to begin as heresies …”

Thomas Huxley, The Coming of Age of The Origin of Species (1880)

A sextet of rulings of the Minnesota Court of Appe...

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The Who, When, and What of Ensuring Your Company is Compliant

In April 2014, Minnesota joined several other states in adopting a version of the Uniform Revised Limited Liability Company Act (the &ldq...

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“I shook up the world.”

Muhammad Ali, then known as Cassius Clay, after winning heavyweight boxing championship from Sonny Liston (February 25, 1964)

The death earlier this...

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“A teacher affects eternity”

      - Henry Adams, “The Education of Henry Adams” (1907)

As teachers join students, administrators and other school personnel in...

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The Achieving a Better Life Experience (ABLE) Act of 2014 is federal legislation that allows money to be set aside in an account similar to a Section 529 Education Savings Plan for the benefit of indi...

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Aliens face substantial difficulty in deportation cases, known formally as “removal proceedings,” when the government seeks to oust them from this country. Some of the obstacles were ref...

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The battle over fantasy sports gaming has its roots in Minnesota, specifically right here in Hennepin County.

The practice of seeking financial gain from th...

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But it's already getting late in the game, nationally, and your odds are long … 

You may not have noticed, but this — Tuesday, May 17 — is opening day in Minnesota.

No, it&rsq...

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“All service ranks the same with God.”

             - Robert Browning, PIPPA Passes (1841)

Service of process is generally required to initiate civil l...

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 “And thus he [was] … defamed by every charlatan.”

Alfred, Lord Tennyson, In Memoriam (1849)

The clash between the First Amendment right of freedom of expression and the...

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After 32 years, Chief Bankruptcy Judge Gregory F. Kishel is retiring on May 31, 2016. He started as a parttime Bankruptcy Judge in May 1984 serving in Duluth, Minnesota. He was appointed to a full-t...

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Share Certificates and Estate Planning, Monthly Fees and Carrying Charges, and Occupancy Agreements

Share Certificates and Estate Planning

Q: Most cooperative bylaws prohibit anyone who is not a m...

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“Birds sit brooding in the snow.”

W. Shakespeare, Love’s Labour’s Lost Vii (1595)

This is the time of year when snowbirds flock back to Minnesota. While there is no precise f...

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One of the reasons many people choose to live in a community association is the aesthetic appeal—home styles are complementary, with similar features, perhaps similar colors and/or layouts. ...

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 “I hate him for … [h]e lends out

money gratis … He hates my well-worn thrift,
which he calls ‘interest’”

-Shylock in the Merchant of Venice by William...

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As we approach spring and look forward to the annual spring walk-through and start planning maintenance, repair and replacement projects for the coming year, boards and managers will be faced with a n...

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Several years ago, as bank financing dried up and job lay-offs increased, more and more individuals turned to using their traditional or rollover IRAs for capital investment in a business or real esta...

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"Antonin Scalia...was a brilliant legal mind."

-President Barack Obama, Feb. 13, 2016, upon the death of the Supreme Court justice

The unexpected death last month of Supreme Court Justice Antonin Scal...

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As most real estate professionals know, under Minnesota law, sellers of Minnesota real estate – as well as the agents involved – are required to make disclosures regarding conditions that... Read more

Minnesota recently joined over 25 other states in taking action to put those claiming disability benefits on a more level playing field. The new law, which became effective January 1, 2016, prohibits...

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Leap Year comes around every four years, adding a day to the Julian calendar to balance the earth’s revolution around the sun.  That extra day this year comes on Monday, the last day of Feb...

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1.  Who decides if I am entitled to disability benefits?

The benefit plan document provides all the eligibility requirements and is the governing document.  The plan document should al...

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Published in Minnesota Lawyer.

As Minnesotans and the rest of the nation celebrate Valentine’s Day, with the day of hearts on Sunday, Feb. 14, romance is in the air.

But relationships that onc...

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All homeowners and community associations should be aware of two state statutes affecting a homeowner’s ability to place a political sign in his or her yard, and affecting a candidate’s ab...

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The announcement last month by Cargill that it is changing its policy prohibiting employees from reapplying for work with the agriculturally franchised and industrial giant for 30 days, instead of 180...

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Minnesota and the nation pause this Monday (Jan. 18) to honor the memory of Dr. Martin Luther King, on the 30th anniversary of the day set aside to commemorate his life and work.

The civil rights lea...

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Claims Process 102

In my first article I described rules that insured property owners must abide by for a successful claim.  In this article I will address rules that insurance companies...

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The implementation of the new cameras-in-the courtroom policy by the state courts is off to a slow start. Approved in August by the Supreme Court, the initiative went into effect in November. It remov...

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The end-of-year holiday season should be one for festivities and frivolity. But, if business managers are not careful, this time of year also can be the season for legal problems and lawsu...

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As the second decade of the millennium reaches its midpoint, the past year had more than its usual number of notable rulings, especially in criminal law matters, by the federal and state appellate cou...

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The recent Tax Court opinion in Parks v. Commissioner[1] has put the non-profit community on alert of the possible pitfalls involved with lobbying efforts by non-profit organizations.  The case h...

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Losing litigants often seek targets to blame for their lack of success.  The claimed culprits often are judges, juries, other parties, adverse counsel, the “system” and, with growing...

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On November 4, 2015, the U.S. Treasury launched myRA (my Retirement Account) nationwide, to help bridge America’s retirement savings gap.  It is intended to overcome obstacles to saving for...

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Football fever is running high in Minnesota these days.

At the professional level, the Minnesota Vikings have returned to play-off contending status, hosting the archrival Green Bay Packers Sunday at...

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The Good and Bad of Estate Tax Planning

The Tom Clancy and Carl Pohlad estates were recently in the popular press, with issues related to transfer tax planning (or lack thereof).  As reported on...

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Beleaguered employees who quit their jobs often find that they are giving up significant legal rights, or at least leverage, that might help them achieve a more graceful exit from the workplace.&nbs...

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Claims Process 101

Property owners that make their first insurance claim often feel overwhelmed by the process.  This article is the first in a series which is intended to give an overview...

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The issue of immigration has become a centerpiece of the presidential campaign fueled by one-time Republican front-runner Donald Trump’s comments about illegal immigrants. Other politicians have...

Read more

As Published in Bench & Bar of Minnesota

Wage-and-hour claims constitute a rapidly growing genre of litigation, and this federal jurisdiction is becoming ground zero for it. A pair of recent ruli...

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As of January 1, 2016 Minnesota’s version of the Uniform Trust Code becomes effective bringing with it significant changes to the drafting and administration of trusts in Minnesota. 

Befor...

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Published by Minnesota Lawyer

The death last month of baseball great Yogi Berra, who anchored 10 world championship teams for the New York Yankees baseball dynasty from the late 1940s to the mid-1960...

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Marshall Tanick is quoted in the following article.

By: Briana Bierschbach

In July of 2011, the University of Minnesota needed a new chief information officer. School officials also knew they n...

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In 2016, Some Tax Benefits Increase Slightly Due to Inflation Adjustments, Others Are Unchanged

WASHINGTON — For tax year 2016, the Internal Revenue Service today announced  annual inflati...

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In planning our estates most of us have been focused on minimizing taxes, probate, and making certain that our assets pass to our intended beneficiaries. The assets we tend to be concerned about gener...

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The ADA prohibits an employer from requesting a medical examination simply because of a known disability.  A medical examination is a procedure or test that seeks information about an individual&...

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An incredible number of businesses have been sued in Minnesota under the Americans with Disabilities Act (“ADA”).  One individual has filed multiple lawsuits that look nearly identica...

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Insurance companies often deny a claim based on an argument that their policies do not cover  “cosmetic damage”.  Recent developments in Wisconsin law make it tougher for insuran...

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“Knowledge never learned at school” –John Greenleaf Whittier, The Barefoot Boy (1856)

About 78 million students are flocking back to their buildings and classes for the 2015-16 sc...

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Corporate accounting scandals involving large public corporations periodically shock the nation.  As a result of these scandals, citizens have questioned the roles of corporate board members, off...

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When a wood floor fails because of a relative humidity issue, a common cause of trouble in the industry, someone needs to pay. All the actors begin the blame game in order to protect themselves from l...

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“Concern for mankind … must always form the chief interest of … the organization of labor.” —Albert Einstein (1931)

Labor unions are facing a torrent of trouble...

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The suggestions are not meant as legal advice.  They are general in nature and may not be helpful in your case, and could be counterproductive in some situations.  It is best to seek legal a...

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When it comes to planning your estate some of the most important decisions you need to make involve the choices of who will serve under your power of attorney (we’ll call them your Agent), who w...

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Most employment lawsuits consist of claims by employees against employers for alleged wrongdoing. The converse, far less common, genre of workplace litigation is suits by employers against allegedly w...

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A hospital recently was ordered to reinstate a nurse with back pay and benefits, to promote and provide back pay to a second, and to rescind discipline metered out to a third who had complained in con...

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Burglary is one of the oldest, and most elemental, of crimes. Sometimes known as breaking-and-entering, it consists of unauthorized entry to premises to commit a crime therein.

A half dozen recent ru...

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The 25^th anniversary of the Americans with Disabilities Act (ADA) is taking place this week.  The measure, approved by Congress and signed into law on July 26, 1990, was intended to accomplish tw...

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August in Minnesota is a great time to discuss the importance of estate planning. It also happens to be “National Make a Will Month”. According to a recent survey, 64% of Americans do not...

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With medical marijuana now legal in Minnesota, a number of issues are likely to arise for employers and employees around the state.

The program, the 20^th in the country, was authorized by legislation...

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Many municipalities in Minnesota, especially those in the metropolitan Twin Cities area, are using “dangerous” dog laws with increasing – and alarming – frequency to address is...

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The decision by the U.S. Supreme Court near the end of its 2014-15 term three weeks ago legalizing same-sex marriages throughout the country is of particular interest in Minnesota.

This state spawned...

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As I talk with more groups and individuals I find that many people still see an estate plan as only necessary for those with substantial wealth, those that reached an advanced age, and those with heal...

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Are you thinking about making a charitable donation this year?  If so, there are a few things to consider before you write that check or transfer that car or other property, especially if you&rsq...

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“Those who cannot remember the past are condemned to repeat it” —George Santayana, “The Life of Reason” (1906)

The sweeping decision in mid-June by U.S. District Court J...

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By Scott Nelson and Jennifer Elston-Brondell

A new law was enacted at the end of 2014 allowing states to establish qualified Achieving Better Life Experience Act (ABLE) programs for tax years after D...

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Under Minnesota law, a judgment creditor may garnish nonexempt property of a debtor to help satisfy a judgment.  While this is a well established proposition, up until very recently it was entire...

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If you are business person looking to obtain a loan to purchase commercial real estate, the lender may require you to hold the property in a single purpose entity (typically a limited liability compan...

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Both the Federal Fair Housing Act (“FHA”) and the Minnesota Human Rights Act (“MHRA”) contain provisions that prohibit discrimination in housing on the basis of a person’...

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“[N]obody who was not from the losing classes has ever been thrust into a death cell in these United States.”  – Christopher Hitchens, “Love, Poverty & War&r...

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Failing to show up at work can be fatal to an employee’s job stability and entitlement to unemployment compensation benefits, as well.  A pair of recent concurrent rulings of the Minnesota...

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Now that warm weather is finally here, many associations are discovering multiple areas of green space in their communities that have been damaged by pet waste over the winter months.  Those brow...

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You’ve got the sun, you’ve got the moon, and you’ve got the Rolling Stones —Keith Richards

As the final tunes of the concert by the Rolling Stones wafted from the TCF B...

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Lack of timely attendance and creating safety hazards are two of the recurring reasons employees lose their jobs.

When these situations occur absent employees or scofflaws who pose safety risks in th...

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As summer approaches for many of us our thoughts turn to the cabin or some other vacation property. For many families the cabin is not only a weekend or summer getaway, but part of the family&rsq...

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Fact or Fiction? It is legal to charge 18% per annum interest to all customers on unpaid balances.

Answer: FICTION!  In most cases, the maximum interest that may be charged on past-due acco...

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Two years have passed since the Minnesota Whistleblower statute was significantly expanded.  On May 24, 2013, the amended law went into effect, which significantly enlarged the rights of whistleb...

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"And the vision that was planted in my brain,
Still remains
Within the sound of silence”

Simon & Garfunkel, “Sounds of Silence” (1965)

Employment cases have taken up a large porti...

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In Minnesota, a homeowner can make a claim for defective construction in new homes and remodeling projects. The defect or error, however, must be discovered within 10 years of completion of the work...

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This is a boom time for Thurgood Marshall and drama in Minnesota.

The play Thurgood completed its successful 10-day run at the Illusion Theatre in downtown Minneapolis last month. The one-m...

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Know Your Options Short-term or long-term disability coverage? Employer’s employment policies regarding disability leave Disability retirement? What happens with other benefits – hea... Read more

“Trial by juries impartially selected . . . from the brightest constellation which has gone before us.” —Thomas Jefferson (1801)

The judge’s charge to the jury is us...

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Businesses in the construction industry have historically relied heavily upon independent contractors to perform work. While it is sometimes clear that a party is a true subcontractor, such as hiring...

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“A zeal for different opinions concerning religion … rendered [people] much more disposed to vex and oppress each other than to cooperate for the common good.” &mdash...

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Recently, Hellmuth & Johnson recommended revisions to employee handbooks following passage of the Women’s Economic Security Act.  This time, two recent rulings of the National Labor Rel...

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Coming Soon – Tax-advantaged accounts for disabled persons
Achieving a Better Life Experience Act (ABLE)

The tax laws have long encouraged Americans to save for college for their kids and to...

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The maxim that one’s home is their castle goes as far back as the English common law of 1628: “For a man’s house is his castle and each man’s home is his safest refuge.”...

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Many analysts celebrated Main Street and the “little guy” as community banks across the country outperformed the rest of the banking industry at year-end 2014.  According to the FDIC&...

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With the recent flood of mergers and acquisitions in the banking industry and the ever present movement of bankers from one bank to the next, non-compete agreements are being used more now than ever b...

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Many community associations struggle with how much money to reserve for the future replacement of components. An association establishes an annual budget using the estimated expenses required to opera...

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In our previous newsletter, discussion was had about a number of points to consider when completing repairs of issues that may arise. As winter turns into spring (hopefully!) it can often lead to othe...

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A pair of recent rulings of the Minnesota Court of Appeals gives employees more time for asserting certain claims, but less time to pursue others. 

The two end-of-the-year rulings both reverse p...

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From time to time, I hear members of an association referred to as “tenants,” and hear of members’ requests to an association to fix an appliance or clean a carpet in their homes.&nb...

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I was recently reminded just how important it is to protect hard earned assets when my 87 year old client, whom we’ll call Carol, was in a car accident with another vehicle.  She was badly...

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Minnesota is one of about 33 states which have laws, either by statute or court rulings, that provide a significant defense for parties who are sued for defamation or other torts, or violations of con...

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Businesses in the construction industry have historically relied heavily upon independent contractors to perform work.  While it is sometimes clear that a party is a true subcontractor, such has...

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Despite the high expectations of employees and their advocates, the broadening of the Americans with Disabilities Act (ADA) a little over six years ago has not had the beneficial effect they hoped for...

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The improved economy is good news for just about everyone, except claimants for wrongful discharge. 

While the increased job opportunities as the economy continues to evolve makes it somewhat ea...

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The financial abuse and exploitation of people over 60 is becoming an epidemic. According to the Federal Trade Commission, fraud complaints by seniors grew by over 150% from 2008 to 2012. The Investor...

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Earl H. Cohen | Timothy O. Davis | Scott M. Nelson

In the recently enacted "Tax Increase Prevention Act of 2014," Congress has once again extended a package of expired or expiring individual, business,...

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With winter fast approaching, many homeowners’ associations will be facing physical issues with their properties that will require action in one way or another. In the fall, issues can often res...

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Socially Responsible Investing.  For many years certain investors, particularly charitable organizations, have targeted their investments in particular companies or funds that align the investmen...

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Reinstatement ruling reversed and then reinstated

Arbitration is being used with increasing frequency as a method of alternative dispute resolution (ADR), particularly in connection with employment-r...

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Recent articles in the Wall Street Journal (Sunday, November 23, 2014) and the New York Times (October 31, 2014) highlighted the use of Ethical Wills as a way of conveying your family’s history,...

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Written by Matthew J. Bialick and David G. Hellmuth

If drafted and used properly, a confession of judgment (“COJ”) is a unique and powerful way to ensure that a debtor performs under a fo...

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Risk is like the flu—no one wants it. Part of any contract negotiation involves attempting to reduce risk and liability. This particularly applies to the flooring industry, where the product has...

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Most websites contain Terms of Use intended to limit permissible behavior by the website’s users and to manage legal risks from any user interaction with the website, including liability for dat...

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As the economy continues to improve, albeit shakily, and unemployment rates descend, an increasing number of employers and employees are addressing non-compete contracts. These devices, which restrict...

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Written by Jack Atnip, III and David G. Hellmuth

It seems everywhere you look these days another major company falls victim to a massive data breach.  We all know about the Target breach, but ot...

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Limited Liability Companies (LLCs) have been one of our most important tools for business and estate planning since the early 90’s when LLC legislation was enacted in Minnesota. Like a corporati...

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Written by Matthew J. Bialick and Blake R. Nelson

 

In the world of collections, obtaining a judgment against a debtor is generally far less than half the battle.  Apart from sta...

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By Matthew J. Bialick and Jack Atnip III

Isn’t it fascinating how the same individual who acts like your best friend when seeking a loan suddenly falls off the map once a default has occur...

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For many of our estate planning clients, retirement accounts represent a substantial portion of their estate.  And for many years clients have rightfully assumed that their retirement accounts wo...

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A series of new laws enacted by the Minnesota legislature this spring have bolstered the rights of women employees while increasing potential liability and remedies upon their employers.  Some of...

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The lengths some debtors will go to avoid paying what they owe.

Written by Matthew J. Bialick and Jack Atnip, III

Having a debtor shift assets to avoid paying a debt is nothing new to bankers. ...

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This Practice Alert  provided by our tax service, Thomson Reuters, highlights the unique opportunities and challenges that affect year-end planning for 2014 and includes two checklists of actions...

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Since the enactment of the Minnesota Common Interest Ownership Act (MCIOA) in 1994, a significant number of associations not subject to MCIOA have made the decision to “opt in” to MCIOA &n...

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An issue that sometimes arises in a condominium, townhome, or homeowners’ association is changing the number of members that serve on the board of directors.  The board must first determine...

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In all the years of planning and administering our clients’ estates, I have found that the concept of the probate process seems to puzzle and confuse clients. In planning our clients’ esta...

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Using the CPI for Aug. 2014 (and the preceding 11 months), RIA (Research Institute of America) calculated and reported the increases for 2015 to the break points in the income tax brackets, the standa...

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There are a number of requirements for obtaining unemployment compensation benefits in Minnesota. 

One obstacle that occasionally trips up applicants for unemployment compensation benefits is th...

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Are you certified to work on residential property containing lead paint? Are your subcontractors? If not, any work you perform on such properties built before 1978 could subject you to five-digit fine...

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As published in Competition Law 360

By Richard M. Hagstrom and Shawn D. Stuckey

After a three-week trial and five years of litigation, the “[m]ost important trial in sports history”[1] &...

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It may be hard to believe, but Labor Day and the end of the summer is just days away.  This makes it an ideal time to start your year-end planning.  While year-end planning may mean somethin...

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Are you certified to work on residential property containing lead paint? Are your subcontractors? If not, any work you perform on such properties built before 1978 could subject you to five-digit fine...

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New Minnesota law facilitates sealing of records 

Responding to an outcry of concern, the Minnesota legislature this spring facilitated efforts to expunge criminal records.

The law, signed by G...

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The following is a summary of the most important tax developments that have occurred in the past three months that may affect you, your family, your investments, and your livelihood. Please call us fo...

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As published in Competition Law 360

By: Richard M. Hagstrom and Shawn D. Stuckey

No doubt all eyes of the sports world are on the O’Bannon v. National Collegiate Athletic Association trial, wh...

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Whether a contractor enters into a direct agreement with a customer or is acting as a subcontractor and is required to sign a subcontractor agreement, the document will most likely contain a dispute r...

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If you've entered into a contract with a customer, chances are good that you've approved via your signature some sort of dispute resolution-maybe you agreed that disputes will be heard at a particular l...

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The strengthening last year of the state whistleblower law, Minn. Stat. § 181.932, is expected to bolster the rights of employees who suffer adverse action after complaining about illegal activit...

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In the absence of a tornado, flood, hurricane, earthquake, tsunami, or other “Act of God,” and without a specific contract provision on point, the contractor bears the risk of delays and a...

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Minnesota

The Legislature passed two omnibus tax bills during the 2014 Session.  The second, H.F. 3167, was adopted at the end of the Session, on May 19.  The second omnibus bill included m...

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Minnesota

The Legislature passed two omnibus tax bills during the 2014 Session.  The second, H.F. 3167, was adopted at the end of the Session, on May 19.  The second omnibus bill included m...

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Community Associations Beware: Minnesota law requires replacement cost insurance rather than actual cash value coverage

Recently, one of our clients informed us that certain insurers were selling and...

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For many associations, the Board of Directors’ biggest issue is not collecting assessments, establishing budgets or even dealing with insurance claims...it’s dealing with difficult homeown...

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This spring marks the 50^th anniversary of the famous New York Times case, which revolutionized defamation law in this country.  In New York Times v. Sullivan, 376 U.S. 254 (1964), the U.S. Suprem...

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Some insurance companies are telling Minnesota property owners and their contractors that insurers do not have to pay overhead and profit under Minnesota law.  There is no such law.  Some in...

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Friday the Minnesota Legislature passed a federal conformity bill and Governor Mark Dayton signed it (HF 1777, Session Laws Chapter 150). Some of the changes in the bill affect tax year 2013. The legi...

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An interim ordinance was proposed and adopted by the Minneapolis City Council on March 7, 2014 that puts a halt to the demolition or new construction of single and two-family homes in the Linden Hills...

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Terminated employees often strive hard to obtain severance agreements.  But a pair of rulings last year by the 8th Circuit Court of Appeals, the Federal tribunal that oversees litigation in Minne...

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IRA and 401k plans have been long thought to be fully protected from creditors.  In recent years limitations on that protection have been put in place, usually for bankruptcy purposes.  Sinc...

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As commercial litigation attorneys, a healthy percentage of the complaints which we initiate or respond to contain a claim that one or both of the parties involved committed fraud.  For a variety...

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As teachers, students and other personnel return to schools after the end-of-year Holidays, they are reeling from a trio of setbacks for unemployment compensation claimants.

An educator and a pair of...

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With the New Year’s Day falling mid-week this year, the usual frivolity of New Year’s Eve may be somewhat subdued. But even though 2014 begins on a Wednesday, the preceding New Year’...

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From family leave to whistle-blowing, keeping all employees apprised makes good management sense.

The beginning of the New Year is an opportune occasion for businesses to take stock of their employme...

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If your business sells goods that scale, you may be what the law identifies as a “Lost Volume Seller.”  Your status as a Lost Volume Seller carries with it some very special rights.&n...

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Employees who lose their jobs in Minnesota have lots of problems. Obtaining unemployment compensation benefits can be a challenge, especially because employees prevail in less than one-third of all co...

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No cases from Minnesota were decided by the U.S. Supreme Court during its 2012-2013 Term, but this state nonetheless made its presence felt at the high court during that period.

An article in the law...

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U.S. Department of Education Guides School Districts in Providing Equal Opportunities to Student-Athletes with Disabilities

Earlier this year, the Department of Education’s Office for Civi...

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One of the many significant changes made in the amended worker’s compensation law, which went into effect earlier this year, expands the occupational diseases covered by the system to include &l...

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Quick Summary

Learning how to win your unemployment appeal hearing is not an exact science. While nothing is guaranteed, understanding the do’s and don’ts of these cases will prepare you...

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Several provisions of the unemployment compensation laws allow jobless employees to obtain benefits because of illness of themselves or others. While rarely invoked, they can be utilized effectively f...

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Although rarely invoked, the doctrine of standing is a threshold matter in litigation. Without it, a claimant cannot proceed. Under federal law, standing is an essential element of the “Cases or...

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How many of us used or felt the urge to deploy the old saying “the dog ate my homework” to explain a failure to turn in schoolwork?  It usually didn’t work.

A grown up version...

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Minnesota provides family and medical leave protection to both public and private employees through its Parental Leave Act.  Minnesota’s Parental Leave Act is the state version of the feder...

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The 2012-2013 U.S. Supreme Court session dealt with somewhat fewer employment cases than usual.  The decisions tend to be employer friendly.  The Minnesota legislative session, in contrast,...

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Expert witnesses play an increasingly prominent role in litigation.  They are called upon for a variety of purposes, ranging from establishing a standard of care for liability purposes to assessi...

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The loss of a driver’s license due to driving offenses can often lead to loss of a job as well as denial of unemployment compensation benefits. In a number of cases, the Minnesota Courts have ru...

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In my experience as counsel for landlords in eviction situations, I’ve found that no single set of issues is as vexing to me and to my clients as those which arise when a tenant leaves behind pe...

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Whether you are a brand new board member serving for the first time or a seasoned veteran or property manager, you need to understand one very simple but vital concept about your community association...

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The sensational murder-manslaughter trial of neighborhood watchdog, George Zimmerman in Florida, concluding with a not guilty verdict in mid-July, attracted worldwide attention. Self-defense asserted...

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Proving retaliation by employers against employees has become easier under state law and more difficult under federal law as a result of two recent developments.

In Minnesota, the whistleblower statu...

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The Federal Medical & Family Leave Act recently celebrated its 20th anniversary.  The measure, which covers about 25 percent of the workforce, allows permanent employees with companies of 50...

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While the U.S. Supreme Court was issuing high profile cases at the end of its 2012-2013 Term this summer, it also decided a pair of important employment law cases that will affect employees and employ...

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Employees in Minnesota received a big boost, and employers a setback, at the end of the 2013 MN legislative session. The legislature expanded the state’s 26-year-old whistleblower law. This...

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Contracts are a staple, and sometimes, they provide a stable practice for lawyers.  Lawyers negotiate, draft, interpret and amend them and, when something goes awry, litigate over them.  The...

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Cigna companies--Life Insurance Company of North America, Connecticut General Life Insurance Company, and Cigna Health and Life Insurance Company--recently entered into a Regulatory Settlement Agreeme...

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As the 2012-13 school year draws to a close, pupils and educators are sorting out the results of six recent rulings of the Minnesota Court of Appeals and its federal counterpart.

Three were defeats f...

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It's common in Minnesota for a general contractor to have a clause in its subcontract which forces a subcontractor to indemnify the general contractor for all personal injury or property damage claims...

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Federal law allowing time off for health reasons spawns other leave laws

The Family Medical and Leave Act recently marked its 20^th anniversary.  It is one of the most widely used workplace laws...

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Why it pays to pay commissions to salespersons out on FMLA leave

Most employers subject to the Family Medical Leave Act (“FMLA”) are familiar with its basic legal requirements.  What...

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Unemployment compensation rulings by the Minnesota Court of Appeals abound. Last year, the tribunal passed upon 344 decisions from the Department of Employment & Economic Development, the agency t...

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Most criminal cases result in plea bargains.  But the admissions of guilt in these cases occasionally are challenged when the defendants subsequently seek to withdraw their pleas.

Withdrawing a...

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The gala opening of the Tyrone Guthrie Theater in Minneapolis on May 7, 1963, helped the Twin Cities establish its position as one of the most highly regarded and respected communities for the arts, e...

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Mandatory arbitration agreements containing waivers of various statutory rights are being used with increasing frequency.

The utilization of these tools have been encouraged by the U.S. Supreme Court...

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As we approach spring and look forward to the annual spring walk-through and start planning maintenance, repair and replacement projects for the coming year, boards and managers should take a step bac...

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While ordinarily devoted to reviewing recent rulings of the Federal and state courts in Minnesota affecting practice of law in this state, this column on occasion, however, strays to look at other mat...

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It comes as no surprise that some tools of technology and communication have made our lives easier in many respects. However, the use of blogs, e-bulletin boards, group e-mail accounts, etc., by homeo...

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The Minnesota anti-stalking law is being invoked with increasing frequency by criminal law authroities. The rise in stalking prosecution seems attributable to several factors. One is the growing numbe...

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Alternative dispute resolution allows parties to create their own form of justice system.

Another concept, forum selection, permits parties to choose where justice shall be meted out. While ADR is us...

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Immigrants to this country can face many hurdles to stay here. Seeking asylum here, illegal immigrants often raise claims that deporting them to their homelands would subject them to unfair persecutio...

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Businesses in Minnesota and elsewhere are seemingly using more independent contractors these days.

The increase in independent contractors is attributable to several factors. One is the desire of emp...

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Law enforcement personnel have a variety of sophisticated means available to help them detect wrongdoing, including electronic media, GPS tracking devices, and other high tech items.

But they often r...

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By now, most people involved in the operation of common interest communities in Minnesota have heard that the statutory requirements for replacement reserves have been amended and that the new amendme...

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Governing documents that are clear, concise and drafted in accordance with applicable statutes are much easier to enforce than those that are vague, poorly drafted and/or conflict with statutes or othe...

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Immigration, biting dogs, church and state and a basketball coach

A dozen decisions grace this unofficial list of the top cases of 2012.

As is customary, the compilation does not consist of only the...

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Employees who quit their jobs usually are resigned to losing their claims for unemployment compensation benefits.

Under Minn. Stat. sec. 268.095, subd 1(1), an employee who quits without “good...

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The cry of a “hostile” work environment is raised with increasing frequencies these days. The claimants generally assert some type of impropriety by management, usually consisting of sexua...

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Homeowners, home builders and just plain "lookie-loos" often tour model homes and others on display or for sale, to get an idea of "what's out there." Shopping around for that perfect house, or just the ri...

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According to the old adage, two things in life are inevitable: death and taxes. While there is little one can do to eliminate the pain and finality of the former, Hellmuth & Johnson, PLLC offers y...

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In order to understand your community association and how it operates, you need to first understand and become familiar with its governing documents.  Once you understand these documents and the...

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Lockouts are in vogue these days. In labor management relations, a “lockout” occurs when management bars employees from working following expiration of a collective bargaining agreement. I...

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Ok, so now that you have assembled your team of professionals that will assist your association in carrying out its various functions and responsibilities, how can you be sure that you are getting wha...

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One of the more difficult issues courts have to deal with in a dissolution is how to differentiate marital property from non-marital property.  Divorcing spouses often feel that they should be al...

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Religious issues often play a major role in public debate. They play out in day-to-day discourse, political campaigns, legislative chambers and occasionally in litigation, as well.

A pair of recent r...

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Whistleblowers are an endangered species in Minnesota and, for that matter, in much of the rest of the country as well.  Once venerated, employees who raise concerns in the workplace about improp...

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The Minnesota Court of Appeal’s decision in Safety Signs, LLC v. Niles-Wiese Const. Co., Inc., serves as a cautionary tale to any subcontractor or material supplier when a general contractor&rsq...

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The doctrine of adverse possession is one that law students invariably encounter early in their education and rarely see again later in their careers.

The ancient tenet, which allows title to real es...

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Understanding your insurance policies is vital to protecting your business.  A recent Minnesota Supreme Court decision changes your rights and responsibilities in a typical commercial general lia...

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Whether you know it or not, intellectual property is a part of your business. By taking a thoughtful approach, and making a modest upfront investment, you can limit your exposure to potentially damagi...

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In effect since August 1, 2008, Minn. Stat. § 604.18 creates a direct cause of action by an insured against its own insurer if the insurer fails to act in good faith.  Although four years ha...

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Why Amend the Governing Documents?

Associations considering an amendment to one or more of their governing documents will want to begin with an analysis of the community association’s existing...

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Michael Eisner, once said, "It is rare to find a business partner who is selfless. If you are lucky it happens once in a lifetime." Eisner himself, at least according to Roy E. Disney, was not necessari...

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When a customer is negotiating a license agreement with a vendor, the customer undoubtedly contemplates factors such as how much it will have to pay and when, and what systems, applications and servic...

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"What's the difference between these two additional insured coverage certificates?"

Both certificates covered claims for damages "caused in whole or in part by" the insured or someone acting on behalf of...

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Hellmuth & Johnson, PLLC is pleased to announce the formation of the Family Law practice group lead by Suzanne M. Remington with the assistance of associate James T. Williamson.

At Hellmuth &...

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Storm season is upon us.  Unfortunately that will mean property damage insurance claims for some property owners and managers.  While it is impossible to understand why one property may suff...

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Limitations of liability come in many different shapes and sizes and they are present in a vast majority of vendor and other commercial agreements. These provisions operate to exclude certain types of...

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Life insurance is an expense a person incurs to protect loved ones from the inevitable. In a closely held entity there are two important "inevitables" against which the prudent business owners should al...

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By David Hellmuth, Blake Nelson and Mick Spence

"When one of our clients was nominated for two Grammy Awards, we just had to go!" said Blake Nelson, Managing Partner of Hellmuth & Johnson, PLLC ("H&...

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The Americans with Disabilities Act of 1990, as Amended, 42 U.S.C. § 12101 et seq. (the "ADA") generally applies to those employers with 15 or more employees for each working day in each of 20 or m...

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In these challenging economic times, many businesses are asking more from all of their employees, including their salaried employees.  As a result, many businesses are requiring their salaried em...

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It is widely accepted and understood that discrimination against prospective employees based on things like national origin, sex, age, or race, just to name a few, is not permissible.  Placing an...

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Recently the Minnesota Department of Labor and Industry ("DOLI"), the Federal Department of Labor and the IRS entered into an enforcement partnership to pursue companies that misclassify employees as in...

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While teaching a recent class to Boards of Directors of various community associations, many questions were raised regarding leasing within communities and the ability of associations to regulate and/o...

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What does it mean to terminate a contract?

To terminate a contract means to end the contract prior to it being fully performed by the parties. In other words prior to the parties performing all of t...

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IT Contracts are not a necessary evil, although many people see them that way.  In fact, the only purposes IT Contracts serve are to protect the organization’s investment, expectations and...

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Real estate agents are often involved in the discovery of construction defects by their clients during the purchase agreement and inspection phase of a real estate transaction. The Minnesota Supreme C...

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The economic downturn resulted in a collision course for non-compete agreements. On the one hand, companies-more than ever - seek to value, protect and safeguard client relationships, including those...

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A number of bills were introduced in the Minnesota legislature in the 2011 session that impact community associations. Those that were enacted into law (effective August 1, 2011) include some technica...

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The Departments of Commerce and Labor and Industry published Bulletin 2010-4 (the Bulletin) in 2010 to address complaints of consumers and the insurance industry regarding perceived abusive practices...

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In the United States, companies are still primarily under a "self-regulation" model when it comes to privacy considerations. There are exceptions for regulated entities (i.e. financial institutions subj...

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When someone describes a traumatic brain injury (TBI), most people think of athletes such as those in the NFL or baseball players like Justin Morneau. Thankfully, gone are the days when concussions we...

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One of the most common problems individuals face is insufficient automobile insurance coverage. This is because people often believe that "full insurance coverage" is enough coverage.

Minnesota law req...

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Business contracts usually contain a "Miscellaneous" or "General" section at the end of the document. The provisions under such a section are often viewed as boilerplate. However, such provisions can dram...

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The recent tornados in the Twin Cities area announced the arrival of the Minnesota severe weather season very loudly. The storms that have occurred to date have caused significant damage in or around...

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The Federal Housing Administration (FHA) released a detailed update to existing condominium underwriting regulations on June 30, 2011 with new requirements effective for all approval application packe...

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Unity in the Community: It Starts with Effective Board Members

For any newly-elected Board member, the responsibilities and obligations of the job can be daunting. Taking those responsibilities and o...

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With the advent of Facebook, LinkeIn, MySpace, Twitter, and other content on the internet, it is inevitable that most employers will make use of such information to screen job applicants, monitor exis...

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I was fortunate enough to be able to participate in the Hennepin County Judicial Ride-Along Program last spring. My interest was piqued after reading the January 2010 article from Chris Morris who als...

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Call me a law nerd if you want, but I spend a lot of time thinking about legal strategies. I know my clients will thank me for it.

Here's something advisors need to consider:

Taken from a tax standpo...

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Fall is on its way and with it comes the annual ritual of the "fall clean up". The busy season of the spring and summer may be winding down or new types of project may be on the horizon. Either way, for...

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According to the 2010 U.S. Census, 48% of owner-occupied homes and 26.2% of rental homes nationwide contained one or more persons age 55 or older. In Minnesota, 24.8% of the State’s population i...

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Recently there have been some significant changes to the Landlord/Tenant statute that was enacted at the end of May. As a courtesy to our clients and friends of the firm, we wanted to be sure y...

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As condominium owners can attest, the recent economy has not helped the value and marketability of condominiums. Fannie Mae has now implemented new guidelines that can make it yet more difficult to se...

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Persons involved in the construction industry or with real estate in Minnesota should take note of the following legislative changes to the law, which take effect August 1, 2009.

Statutory Implied Wa...

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Dear Friends, Clients and Colleagues: I am extremely pleased to have been honored as one of the "40 Under Forty" by the Minneapolis/St. Paul Business Journal for 2009. This award is especially meaningful...

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Overview of Rules and Regulations.

One of the most important issues facing Minnesota community associations is rules and regulations policy and enforcement. Community associations offer their homeown...

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In a previous article, we discussed use of electronic communications to conduct business of associations governed by Minnesota Statutes Chapter 515B, the Minnesota Common Interest Ownership Act (MCIOA...

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The Federal Fair Housing Act (FHA) and the Minnesota Human Rights Act (MHRA) prohibit discrimination against some protected classes, such as disabled individuals. Normally, a residential housing provi...

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In today's construction economy, unpaid subcontractors and suppliers with mechanic's lien claims often receive notice that the first mortgage holder is foreclosing on the property. The natural question...

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Over the last decade, the use of e-mail communications has increased dramatically. Today, association board members frequently use e-mail to communicate with each other, the association's manager, atto...

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Associations often under-utilize Rules and Regulations. Rules and Regulations are specific guidelines and policies relating to the day to day operation of an Association. Unlike other Association gove...

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Two recent cases decided by the Minnesota Court of Appeals have clarified Minnesota law regarding mechanic's lien pre-lien notices. Both decisions bode well for contractors in enforcing their future me...

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In a previous article, we discussed Performance Bonds, which ensure that public construction projects are completed according to contractual terms. This article will offer a general overview of the re...

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Board members enjoy a significant privilege: that of being in the "inner circle," privy to the decision-making process and the long-term plans for the association. Yet, each member also has significant...

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You see more and more planned communities in Minnesota everyday. Townhouse, condominium and other forms of planned communities are becoming increasingly prevalent in Minnesota real estate development....

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Governor Pawlenty has just signed the "Right to Repair" amendment into law with an effective date of August 1, 2006. This amendment to the Minnesota homeowner's warranty statute will require the owner to...

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We receive many inquiries from real estate agents, sellers and buyers when a seller or buyer refuses to close on the real estate transaction, and the other party is left to deal with the consequences....

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FACT OR FICTION: A construction bid is an offer, and if it is accepted, a legal contract is formed.

ANSWER: FACT! A contract is a promise, or a set of promises, to which the law attaches a legal obli...

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The "pay-if-paid" or "pay-when-paid" clause is frequently included in subcontracts. These clauses state that the general contractor is not required to pay the subcontractor unless and until the project ow...

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NO MECHANICS LIEN RIGHTS? TRY A CONSTITUTIONAL LIEN

Most people in the construction industry are familiar with mechanics liens. Under Minnesota law, if a contractor or material supplier is not paid f...

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