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Outside the Bricks, Mortar and Numbers: Multifamily Property Due Diligence
3-14-2018 Real Estate LawBradley M SchaeppiBradley M Schaeppi
In my previous career as a real estate broker, I used to advise clients there are three legs to a multifamily property valuation stool:
Physical – the physical structure and mechanicals. Financial – the income and expenses. People – as financial assets or liabilities.This article addresses the third stool, the people in the property.
The purchase of multifamily property is unlike the purchase of a residential house or other commercial properties including office, retail and industrial. The differentiating factor is that people live in multifamily property and local,...
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Paying the Price: The Pitfalls of Ineffective Liability Waivers
3-8-2018 Business & Corporate LawJason S Raether and Michael D HowardLiability waivers are common in many contracts between businesses and the general public. Whether the contract covers in-home daycare or bungee jumping, it likely includes language intended to functio...
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Are you prepared for the future of LIBOR?
Michael D Howard and Karl J JohnsonThe Financial Conduct Authority (“FCA”) in the UK has announced that it will no longer require banks to submit London Interbank Offered Rate (“LIBOR”) quotes after 2021. This c...
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No Joke: New Disability Regulations To Go Into Effect April 1, 2018
2-8-2018 Employment Law, ERISA LitigationDenise Y TatarynPeople 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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Federal judge voids matching exclusion – Good news for homeowners denied coverage under exclusion
1-25-2018 LitigationEdward E BeckmannA 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: An Update on Short-Term Rentals
1-2-2018 Community Associations, Real Estate LawNancy T PolomisSuper 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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Protect your association from embezzlement losses—and how to deal with the aftermath
12-21-2017Nancy T PolomisWhile 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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Help! I am a residential landlord and I received a rent escrow action summons in the mail
11-14-2017Bradley M SchaeppiIf 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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Numerous unresolved issues roil institutional sexual abuse cases in Minnesota
11-13-2017 LitigationJonathan F MackThe 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 OCC is Busy: Regulatory Update
11-8-2017 Banking, Finance & WorkoutMichael D HowardThe 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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Big questions still to be answered by insurers and reinsurers after hurricanes Harvey and Irma
11-7-2017 LitigationCalvin F BrantonThis 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.
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Business interruption post-Harvey and Irma
10-26-2017 Insurance Litigation, Insurance CoverageCalvin F BrantonThis 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 New Wave of Non-Competes -- Are They Enforceable?
10-25-2017 Employment Law, Business & Corporate LawJoseph P BeckmanThe 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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Brief Primer on Real Estate Arbitrations
10-16-2017 Real Estate LawChristopher R JonesReal 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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With most businesses back after Harvey & Irma, what to know about what comes next: legal restoration
10-13-2017 Insurance LitigationCalvin F BrantonThis 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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What You Should Be Doing with Your Replacement Reserves
10-12-2017 Community AssociationsPhaedra J HowardMost 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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10 high court cases impact Minnesota
10-2-2017 LitigationMarshall H Tanick“[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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Eulogy for a Neighborhood Landmark
9-20-2017Jonathan D JayEven 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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Subpoena surge and state 'shield' statute
9-19-2017 LitigationMarshall H Tanick“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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911 calls trigger statute and suits
9-15-2017 LitigationMarshall H Tanick“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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Saluting the Constitution – and Minnesota's early suffrage gains
9-11-2017 Employment LawMarshall H TanickIt'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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Mallsuits: 25 years of litigation at the Mall of America
8-21-2017 LitigationMarshall H Tanick“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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Happy Birthday, Whistleblowers
8-3-2017 LitigationMarshall H TanickAs Minnesota law turns 30, here's what you need to knowThis 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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Law Firm Cybersecurity Breach Opens Door to Lawsuit
8-1-2017 Information Technology & E-CommerceJoseph P BeckmanAs 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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Notes & Trends - Bench & Bar August 2017
8-1-2017 Employment LawMarshall H TanickEmployment & 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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Disclosure is key in two qui tam cases
7-31-2017 LitigationMarshall H Tanick“[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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A primer for contractors: Getting paid -- fact or fiction?
7-27-2017 Construction & Lien LawBlake R NelsonAs 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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High court's new speech cases have impact here
7-17-2017 LitigationMarshall H Tanick“[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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Updates to federal overtime rule, delays continue
7-11-2017 Employment LawJason S RaetherThe 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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The fine line when a customer whines! How to handle complaints and bad news - Moore About the World
7-7-2017Terrance W MooreMoore 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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Never on Sunday; How about buying a car?
7-3-2017Marshall H Tanick“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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Implementation of Minnesota’s Buffer Law: Alternative Practices
6-29-2017 Agriculture LawMichael D KlemmThis 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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Tragedy of the Commons - It’s Cheaper to Get Separate Tabs -- Moore About the World
6-29-2017Terrance W MooreMoore 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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Being “Neighborly” Isn’t Just a Good Idea – It’s the Law
6-26-2017 Community AssociationsNancy T PolomisThose 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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The Gospel Truth - Or How Parables Have Been Misinterpreted -- Moore About the World
6-23-2017Terrance W MooreMoore 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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Crossing the line? Obtaining Building Permits for Decks in CIC’s
6-21-2017 Community AssociationsMichael D KlemmAs 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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Watergate sparked statutes, suits here
6-19-2017Marshall H Tanick“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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Who is Terry Moore? - Some Personal Background -- Moore About the World
6-16-2017Terrance W MooreMoore 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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Resolving Disputes Regarding Value of the Loss through the Appraisal Process
6-13-2017 Community Associations, Real Estate LawJ. Robert KeenaWith 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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Minnesota's SLAPP law is slapped down, and the impact is likely to be profound
6-12-2017 LitigationMarshall H TanickIndividuals, 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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New Requirements Under MCIOA: Preventative Maintenance Plans and Construction Defect Claims
6-6-2017 Community AssociationsMichael D KlemmImportant 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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Courts differ whether consent warrants searches
6-5-2017 LitigationMarshall H Tanick“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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Identity Politics – The Great Electoral Myth -- Moore About the World
6-2-2017Terrance W MooreMoore 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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Notes & Trends - Bench & Bar May/June 2017
6-1-2017 Employment LawMarshall H TanickEMPLOYMENT & LABOR LAW JUDICIAL LAWUnfair labor practice; employer’s challenge rejected. A determination by the National Labor Relations Board (NLRB) that a Minnesota-based emplo...
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Unchecked indirect software access can be costly – what to look for in software license agreements
5-24-2017 Information Technology & E-CommerceMarlo T MikscheSimple 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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Severance pay a misguided mess
5-23-2017 Employment LawMarshall H TanickLarge 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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'Break up' the circuit - the 8th!
5-22-2017 AppealsMarshall H Tanick“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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Avoid Legal Pitfalls Selling Minnesota Multifamily Properties
5-22-2017 Real Estate LawBradley M SchaeppiWhether 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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Peace Through Strength – How Appeasement Caused WWII --Moore About the World
5-18-2017Terrance W MooreMoore 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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Correlation v. Causation -- Moore About the World
5-11-2017Terrance W MooreMoore 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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Typical terminations precede Mother's Day
5-9-2017 Employment LawMarshall H Tanick“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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Fifteen minutes of fame with Bill O’Reilly
5-1-2017 Employment LawMarshall H TanickFollowing 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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The Golden Rule Makes the World Go Round -- Moore About the World
4-28-2017Terrance W MooreMoore 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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Circuit court considers class cases
4-24-2017 AppealsMarshall H Tanick“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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The Politics of Nothing -- Moore About the World
4-20-2017Terrance W MooreMoore 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
4-17-2017 Employment LawMarshall H TanickJudicial 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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The President’s Promises - A Report Card on Keeping Promises -- Moore About the World
4-13-2017Terrance W MooreMoore 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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How Minnesota law judges umpires
4-10-2017 LitigationMarshall H Tanick“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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The Trump Budget Blueprint -- Moore About the World
4-7-2017Terrance W MooreMoore 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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Minnesota cases reflect ‘Great War’ centenary
3-30-2017 LitigationMarshall H Tanick“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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Speaking Truth to Power - How to Opine and Survive -- Moore About the World
3-30-2017Terrance W MooreMoore 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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Effective Transitions of Privately Held Businesses
3-27-2017 Estate PlanningEarl H CohenOver 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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Washington Hits Rural America -- Moore About the World
3-24-2017Terrance W MooreMoore 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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Politics of Distraction -- Moore About the World
3-16-2017Terrance W MooreMoore 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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So Why Did I Want To Become A Lawyer Anyways?
3-9-2017 Insurance Litigation, Intellectual PropertyJonathan D JayI 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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When Did Lying Become Ok? -- Moore About the World
3-9-2017Terrance W MooreMoore 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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Labor Depreciation: Growing Trend Can Result In Trouble for Individual and Commercial Policyholders
Paige C FishmanA 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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Who is KellyAnne Conway? -- Moore About the World
3-3-2017Terrance W MooreMoore 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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Penney's is the latest in brick-and-mortar death spiral
3-1-2017Marshall H TanickThe 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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Panels ponder privacy problems
2-27-2017 LitigationMarshall H Tanick“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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Alternative Facts are Not Facts - The Modern Change in Public Discourse -- Moore About the World
2-24-2017Terrance W MooreMoore 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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Resale Disclosure Certificates: A Brief Overview
2-21-2017 Real Estate LawNancy T PolomisThere 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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Help Clients Pick the Right Successor Trustee
2-20-2017 Estate PlanningTimothy O Davis , Earl H Cohen , Scott M Nelson and Rachel M DahlWithout encouragement from trusted advisors or loved ones, few seniors will take the time to arrange for someone else to handle their financial issues when they can no longer fully care for themselves...
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The Imperial Presidency - A Look at Executive Actions -- Moore About the World
2-16-2017Terrance W MooreMoore 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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Cupid’s arrow targets Minnesota litigation
2-13-2017 LitigationMarshall H Tanick“Valentine’s Day is only as good as you want it to be.”
Musician Prince RoyceTuesday, Feb. 14, is Valentine’s Day, a 24-hour period dedicated to love and a $20 billi...
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Special Needs Trusts & ABLE Accounts
2-13-2017Scott M NelsonSpecial 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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Who is Neil Gorsuch -- Moore About the World
2-10-2017Terrance W MooreMoore 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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Eight days in January: Is ‘Roe’ doomed?
1-30-2017 LitigationMarshall H TanickEditor’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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Knowing the difference between when a home can be legally occupied and when it was completed
1-30-2017 Real Estate LawNancy T PolomisIn 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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Update on immigration laws impacting business
1-30-2017 Employment Law, Business & Corporate LawEdward E BeckmannThere 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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Negotiating With Nothing - The Seinfeld Maneuver -- Moore About the World
1-27-2017Terrance W MooreMoore 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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Political Discourse - Bouncing Along the Bottom -- Moore About the World
1-20-2017Terrance W MooreMoore 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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Federal Government to Increase Oversight of Immigration Compliance by US Business
1-18-2017 Employment LawEdward E BeckmannThe 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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How Federal Wage and Hour Law Is Used to Deter Illegal Immigration
1-18-2017 Employment LawEdward E BeckmannEvery 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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Immigration Enforcement Under The Immigration Reform and Control Act
1-18-2017 Employment LawEdward E BeckmannThe 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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Overview of Procedural Rules for Contested IRCA Cases Before the DOJ Office Of Special Counsel
1-18-2017 Employment LawEdward E BeckmannContested 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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The Benefits of Trademark Registration
1-17-2017 Intellectual PropertyAlexander J FarrellOnly 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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Curious Cohen confidentiality case commemorate
1-16-2017 LitigationMarshall H Tanick“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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Unique Opportunities for Institutional Investors and Opt-outs in Securities Fraud Actions
1-16-2017 Litigation, Class Action LitigationJonathan F MackDue 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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The History Book on the Shelf - WWI Starting Again? -- Moore About the World
1-13-2017Terrance W MooreMoore 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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Sex and Scandal at the U -- Moore About the World
1-6-2017Terrance W MooreMoore 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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'Sweet' 16 cases top 2016 review
1-2-2017 LitigationMarshall H Tanick“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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Landmarks in the Law
1-2-2017Marshall H TanickEMPLOYMENT & 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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Player Sanctions at Minnesota -- Moore About the World
12-23-2016Terrance W MooreMoore 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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Avoid legal problems at holiday parties
12-22-2016Marshall H TanickThe 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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Overtime oddities: 8th Circuit rejects two claims
12-19-2016 Employment LawMarshall H Tanick“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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Who is Keith Ellison? -- Moore About the World
12-15-2016Terrance W MooreMoore 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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Trump Promises #1 -- Moore About the World
12-8-2016Terrance W MooreMoore 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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Bob Dylan: Laureate, lyrics and the law
12-5-2016 LitigationMarshall H Tanick“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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Global Trade 101 -- Moore About the World
12-2-2016Terrance W MooreMoore 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 Ever-Changing Landscape of Federal Overtime Regulations
12-1-2016 Employment LawJason S RaetherIn 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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FREE Speech for Everyone -- Moore About the World
11-23-2016Terrance W MooreMoore 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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Major Minnesota Decisions--Highlighting Minneapolis & St. L. Ry. Co. v. Bombolis
11-21-2016Marshall H TanickThis 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 and Death
11-21-2016 Estate PlanningScott M NelsonPreparing 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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How Donald Trump was Elected -- Moore About the World
11-17-2016Terrance W MooreMoore 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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Trump litigation faces towering obstacles
11-14-2016 LitigationMarshall H TanickAs 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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Election Night 2016 - A Night for the Ages -- Moore About the World
11-10-2016Terrance W MooreMoore 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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Estate planning without the death tax
11-10-2016 Estate PlanningScott M NelsonPlanning 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 -
Implementation of Minnesota’s Buffer Law is underway: Enforcement
11-10-2016 Real Estate Law, Agriculture LawThis 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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Election Predictions -- Moore About the World
11-3-2016Terrance W MooreMoore 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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Implementation of Minnesota’s buffer law is underway: Public Waters Compliance
11-3-2016 Real Estate Law, Agriculture LawThis 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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Landmarks in the Law - Employment & Labor Law
11-1-2016 Employment LawMarshall H TanickJUDICIAL 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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The Electoral College - Brilliant or Outdated? -- Moore About the World
10-27-2016Terrance W MooreMoore 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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Halloween history: spending, scares and suits
10-24-2016 LitigationMarshall H Tanick“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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How to Tell Truth from Fiction -- Moore About the World
10-19-2016Terrance W MooreMoore 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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Frequently asked questions: Medical leave and other reasonable accommodations
10-17-2016 Employment LawTeresa J AylingThese 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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Standard Choice of Forum Clause in Agricultural Loan Documents
10-17-2016 Banking, Finance & WorkoutMatthew J BialickCould 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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Sandbagging and How to Use It -- Moore About the World
10-13-2016Terrance W MooreMoore 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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Six shattered settlement suits summarized
10-10-2016 LitigationMarshall H Tanick“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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Necessary Compromise - The Good Old Days? -- Moore About the World
10-7-2016Terrance W MooreMoore 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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Time off on Election Day
10-3-2016 Employment LawMarshall H TanickThe 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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Landmarks in the Law - Employment & Labor Law
10-1-2016 Employment LawMarshall H TanickJudicial 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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A Little Bit About Big Banks -- Moore About the World
9-29-2016Terrance W MooreMoore 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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Minnesota gets set to implement updated buffer law
9-27-2016 Real Estate Law, Agriculture LawThe 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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Eight for nine: the dog that didn't bark
9-26-2016 Employment LawMarshall H Tanick“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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Transfers of family entity interests
9-13-2016 Estate PlanningTimothy O Davis , Earl H Cohen , Scott M Nelson , Jack W Carlson and Rachel M DahlValuation Discounts. For business owners who intend to make lifetime transfers of part of their closely-held entity interests to their descendants, there is a vanishing opportunity for discount...
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9/11 Had an Impact on Minnesota Law
9-8-2016Marshall H Tanick“[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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Criminal records and fair housing
8-30-2016 Community AssociationsMichael D KlemmIt 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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Recent retaliation rulings reach rival results
8-29-2016 Employment LawMarshall H Tanick“[M]y retaliation will be you...
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CRATs, valuation discounts, pet trusts and more
8-18-2016 Estate PlanningScott M NelsonThere 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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Dietzen’s Legacy
8-10-2016 AppealsMarshall H TanickSupreme Court jurist retiring after nearly a dozen years on appellate tribunalsThe announcement by Justice Christopher Dietzen this spring that he will resign from the Minnesota Supreme Court at the...
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Appellate actions affirm assaults
8-8-2016 AppealsMarshall H Tanick“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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Hearsay not heresy in half dozen new cases
7-25-2016Marshall H Tanick“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 Minnesota Revised LLC Act
7-25-2016 Business & Corporate LawBrian R ChristiansenThe Who, When, and What of Ensuring Your Company is CompliantIn 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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Ali's death recalls state boxing law lore
6-27-2016 LitigationMarshall H Tanick“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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School's out: Appeals address education cases
6-13-2016 AppealsMarshall H Tanick“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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Achieving a Better Life Experience (ABLE) Act legislation
6-6-2016 Estate PlanningScott M NelsonThe 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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Deportation proceedings
6-6-2016Marshall H TanickAliens 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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Multi-Billion dollar practice owes much to Minnesota Law and Lore
6-1-2016 LitigationMarshall H TanickThe 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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An independent for president? In Minnesota, your brief window is open
5-17-2016Marshall H TanickBut 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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How's the service? Effective or defective?
5-16-2016 LitigationMarshall H Tanick“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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Duel defamation duels: abstention and attorney
5-2-2016Marshall H Tanick“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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Chief Bankruptcy Judge Gregory F. Kishel Retires
5-1-2016Karl J JohnsonAfter 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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Cooperatives Q & A
4-27-2016 Community AssociationsPhaedra J HowardShare Certificates and Estate Planning, Monthly Fees and Carrying Charges, and Occupancy AgreementsShare Certificates and Estate Planning
Q: Most cooperative bylaws prohibit anyone who is not a m...
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Welcome back, snowbirds: Now, pay your taxes
4-18-2016Marshall H Tanick“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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I am the king (or queen) of my castle!
4-13-2016 Community Associations, Real Estate LawNancy T PolomisOne 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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Interesting issues in interest imbroglios
4-4-2016Marshall H Tanick“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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Selecting and Negotiating with Vendors
4-4-2016 Community AssociationsPhaedra J HowardAs 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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Using an IRA for Self-Directed Investments in Your Own Business or Real Estate
3-22-2016 Estate PlanningEarl H CohenSeveral 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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Scalia's signature suit: R.A.V. revisited
3-21-2016Marshall H Tanick"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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Know & Tell: Understanding Seller's Real Estate Disclosure Requirements
3-7-2016 Real Estate LawNancy T Polomis
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 -
Important legislation to protect those claiming disability benefits
3-3-2016 Employment Law, ERISA LitigationDenise Y TatarynMinnesota 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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Bizarre, banal Leap Day litigation
2-29-2016 LitigationMarshall H TanickLeap 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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Most asked questions regarding disability benefits
2-23-2016 Employment Law, ERISA LitigationDenise Y Tataryn1. 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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No love lost in pre-Valentine's Day appeals
2-15-2016 AppealsMarshall H TanickPublished 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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Political signs and candidate visits - Be aware of the law
2-11-2016 Community Associations, Real Estate LawNancy T PolomisAll 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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Fire, rehire clauses under fire
2-1-2016Marshall H TanickThe 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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The New Minnesota Trust Code: What Planners Need to Know
1-31-2016 Estate PlanningTimothy O Davis , Earl H Cohen , Scott M Nelson , Jack W Carlson and Rachel M DahlPlease Note: This material has been prepared as a guide for financial planners for discussion regarding the NEW MINNESOTA TRUST CODE with their clients. This guide is not intended as legal advice. Eac...
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King's Day recalls litigation lore here
1-18-2016Marshall H TanickMinnesota 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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Minnesota’s New Trust Code Provides Planning Opportunities
1-11-2016 Estate PlanningTimothy O Davis , Earl H Cohen , Scott M Nelson and Jennifer J Elston-BrondellOn January 1, 2016 Minnesota’s version of the Uniform Trust Code became effective, bringing with it significant changes to the drafting and administration of trusts in Minnesota.
Before w...
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The Insurance Claims Process Part Two: Rules that Insurance Companies Must Follow
1-11-2016 Insurance CoverageEdward E BeckmannClaims 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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Tips & Traps: Cameras in Courtrooms
1-4-2016Marshall H TanickThe 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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‘Tis the season to avoid legal problems
12-21-2015 Employment LawMarshall H TanickThe 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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Focus on fifteen cases for year-end list
12-21-2015Marshall H TanickAs 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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Lobbying by non-profits
12-9-2015Scott M NelsonThe 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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Minnesota trust code - Part Four: Directed Trusts
12-9-2015 Estate PlanningScott M Nelson and Jennifer J Elston-BrondellIntroduction. While Section 807 clarifies the trustee’s ability to delegate duties and powers to an agent, Section 808 introduces a new concept to Minnesota law:...
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Ineffective counsel claims prove to be ineffective
12-7-2015Marshall H TanickLosing 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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myRAs for “Starter” Savings
11-24-2015 Estate PlanningScott M NelsonOn 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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Fantasy football frenzy has roots here
11-23-2015Marshall H TanickFootball 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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Minnesota trust code: Decanting - Part Three
11-23-2015 Estate PlanningScott M Nelson and Jennifer J Elston-BrondellDecantingIntroduction.
Decanting is a concept derived from its traditional meaning of pouring a liquid from one container to another. For trusts, the statute introduces a new concept...
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Estates of Tom Clancy and Carl Pohlad
11-18-2015 Estate PlanningScott M NelsonThe Good and Bad of Estate Tax PlanningThe 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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Don’t Quit: Tips for Beleaguered Employees
11-16-2015 Employment LawMarshall H TanickBeleaguered 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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How to Make an Insurance Claim
11-16-2015 Insurance CoverageEdward E BeckmannClaims 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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Deportations trump immigrants' pleas to stay in the United States
11-9-2015Marshall H TanickThe 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...
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Ground Zero for Overtime Compensation Disputes
11-6-2015 Employment LawMarshall H TanickAs 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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Minnesota's new trust code provides planning opportunities
11-3-2015 Estate PlanningEarl H CohenAs 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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Yogi-isms catch on in Minnesota law
10-30-2015Marshall H TanickPublished 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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U of M cases prompt the question: How do search firms vet high-level job candidates?
10-29-2015 Employment LawMarshall H TanickMarshall 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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IRS issues annual inflation adjustments for 2016
10-22-2015 Estate PlanningIn 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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Have you provided for your digital assets in your estate plan?
10-20-2015 Estate PlanningEarl H CohenIn 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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Can an employer require a disabled employee to take a fitness for duty evaluation?
10-19-2015 Employment Law, ERISA LitigationDenise Y TatarynThe 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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Minnesota trust code: Unchanged provisions - Part Two
10-8-2015 Estate PlanningScott M Nelson and Jennifer J Elston-BrondellThe adoption of the Uniform Trust Code (UTC) in Minnesota results in broad changes and modernization to Minnesota law. The changes give practitioners more clear and concise guidance on Trust issues an...
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Defending against the drive-by ADA lawsuit
9-25-2015 Employment Law, Business & Corporate LawEdward E BeckmannAn 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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New trust code adopted by Minnesota - Part One
9-25-2015 Estate PlanningScott M Nelson and Jennifer J Elston-BrondellAfter 26 years, Minnesota’s Trust Law has been upgraded to recognize dramatic changes which have occurred in trust administration. Minnesota’s updates, initially drafted by the MSBA...
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Insurance companies and "cosmetic damage" in Wisconsin
9-24-2015 Insurance CoverageEdward E BeckmannInsurance 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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Back to School–Matters of Principle and Principal
9-21-2015 Employment LawMarshall H Tanick“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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Community association directors beware! Practical and legal issues regarding director compensation
9-10-2015 Community AssociationsDavid G HellmuthCorporate 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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Who was liable for these three real-world relative humidity claims?
9-9-2015 Construction & Lien LawBlake R NelsonWhen 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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Unions laboring today with arbitration, litigation
9-8-2015 Employment LawMarshall H Tanick“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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FAQ for health professionals concerned about a potential report to the licensing board
8-25-2015 Employment LawTeresa J AylingThe 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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Choosing a Fiduciary - One of the Most Important Decisions of Your Estate Plan
8-24-2015 Estate PlanningEarl H CohenWhen 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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Wayward employee cases go different ways
8-24-2015 Employment LawMarshall H TanickMost 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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Hospital liable to nurses disciplined for complaining
8-5-2015 Employment LawTeresa J AylingA 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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Appeals rejected in bungled burglary cases
8-3-2015Marshall H TanickBurglary 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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25th Anniversary of Disability Law Celebrated
7-27-2015 Employment LawMarshall H TanickThe 25th 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 is National Make a Will Month
7-27-2015 Estate PlanningJennifer J Elston-BrondellAugust 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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Medical Marijuana at Work
7-23-2015 Employment LawMarshall H TanickWith medical marijuana now legal in Minnesota, a number of issues are likely to arise for employers and employees around the state.
The program, the 20th in the country, was authorized by legislation...
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'Dangerous' Dog Laws Effect Canines and Owners
7-20-2015Marshall H TanickMany 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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Intriguing issues impact state after same-sex case
7-20-2015Marshall H TanickThe 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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The Importance of an Estate Plan for Young People, Especially those with Children
7-20-2015 Estate PlanningEarl H CohenAs 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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Things to consider before making a charitable donation
7-14-2015Earl H CohenAre 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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Frank’s MSOP ruling extends Larson’s legacy
7-3-2015Marshall H Tanick“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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Proposed IRS regulations for ABLE accounts
6-26-2015 Estate PlanningBy 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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Post judgment collections in the digital age: Garnishing websites and web domains
6-23-2015 Banking, Finance & WorkoutMatthew J BialickUnder 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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What is a single purpose entity and why is it important...?
Jack Atnip IIIIf 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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Cooperatives and fair housing
6-22-2015Phaedra J HowardBoth 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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Nebraska repeal recalls death penalty here
6-19-2015Marshall H Tanick“[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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“Misconduct” in employment cases
6-10-2015 Employment LawMarshall H TanickFailing 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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Dealing with pets in a community association: Man’s best friend or an association’s worst enemy?
6-8-2015 Community AssociationsNancy T PolomisNow 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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No Stones unturned—courts get satisfaction
6-5-2015 Employment LawMarshall H TanickYou’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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Attendance, safety problems bar unemployment benefits
5-28-2015 Employment LawMarshall H TanickLack 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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The Family Cabin - Will it Be There for the Next Generation?
5-25-2015 Estate PlanningEarl H CohenAs 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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Minnesota construction law: Fact or fiction?
5-22-2015 Construction & Lien LawBlake R NelsonFact 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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Minnesota whistleblower statute refresher at its 2nd anniversary
5-21-2015 Employment LawMarshall H TanickTwo 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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Perspectives: Court to hear ‘silent’ limitations case
5-21-2015 Employment LawMarshall H Tanick"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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Buying a new home? Find out when your warranty begins
5-6-2015 Real Estate LawKurt M MitchellIn 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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Marshall and Minnesota — justice for the state
4-24-2015Marshall H TanickThis 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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Options when disability forces work changes
4-14-2015 ERISA LitigationDenise Y TatarynKnow 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 -
Jury instruction cases — eight affirmances, one reversal
4-13-2015Marshall H Tanick“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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Flooring employee vs. contractor: Know The difference, not the fine
4-6-2015Blake R NelsonBusinesses 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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Appeals pass over religious issues
3-30-2015 Employment LawMarshall H Tanick“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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Handbook and policies may require revision
3-30-2015 Employment LawTeresa J AylingRecently, 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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Achieving a Better Life Experience Act (ABLE) Accounts
3-19-2015 Estate PlanningScott M NelsonComing 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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To Fraudster Debtors who think their Home is their Castle - Think Again
3-17-2015 Banking, Finance & WorkoutJack Atnip IIIThe 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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Community Banks Outpaced Big Banks Q4 2014
3-16-2015 Banking, Finance & WorkoutJack Atnip IIIMany 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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Business Law for Banks 101: Non-Compete Agreements
3-12-2015 Banking, Finance & WorkoutMatthew J BialickWith 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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Are we reserving enough?
3-9-2015 Community AssociationsJoel A HilgendorfMany 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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Record Keeping for Repairs
3-9-2015 Community AssociationsChristopher R JonesIn 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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More time to sue, but not to arbitrate
3-5-2015Marshall H TanickA 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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What is a community association?
3-5-2015 Community Associations, Real Estate LawNancy T PolomisFrom 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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Protecting your assets without flying to Grand Cayman
3-2-2015 Estate PlanningEarl H CohenI 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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SLAPP Suit Suggestions
2-27-2015Marshall H TanickMinnesota 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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What do you mean they're my employees?
2-9-2015 Construction & Lien LawBlake R NelsonBusinesses 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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ADA Claims Continue to Falter
1-22-2015 Employment LawMarshall H TanickDespite 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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Mitigation might minimize litigation
12-29-2014Marshall H TanickThe 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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Financial Exploitation and Abuse of the Elderly
12-22-2014 Estate PlanningEarl H CohenThe 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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Overview of 2014 Tax Increase Prevention Act
12-18-2014 Estate PlanningEarl 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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Tis the Season - Winter Weather Damage and Repairs
12-15-2014 Community AssociationsChristopher R JonesWith 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 and public benefit corporations
12-9-2014 Estate PlanningScott M NelsonSocially 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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Arbitration Award and Appeal
12-8-2014 Employment LawMarshall H TanickReinstatement 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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Ethical Wills - your family culture and legacy
12-4-2014 Estate PlanningScott M NelsonRecent 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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Judge Not Lest Ye Be Judged: Avoiding the pitfalls of an improperly drafted confession of judgment
11-26-2014 Banking, Finance & WorkoutMatthew J BialickWritten 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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Limit Your Liability: How to Lessen Risk as a Manufacturer, Distributor, Contractor
11-25-2014 Construction & Lien LawBlake R NelsonRisk 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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Unenforceable Terms of Use will leave your business at risk
11-25-2014 Information Technology & E-CommerceFrederik W StruveMost 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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Non-Compete Contracts
11-24-2014 Employment LawMarshall H TanickAs 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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The Double-Edged Sword of Tokenization and EMV Smartcard Adoption to the Banking Community
11-19-2014 Banking, Finance & WorkoutJack Atnip IIIWritten 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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The Changes Coming for LLCs
11-17-2014 Estate PlanningEarl H CohenLimited 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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Cracking the Cayman Islands Code: Successfully Collecting Money from an Off-Shore Bank Account
11-10-2014 Banking, Finance & WorkoutMatthew J BialickWritten 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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Now You See Em’, Now You Don’t: Solving the Problem of the Disappearing Debtor
10-28-2014 Banking, Finance & WorkoutBy 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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Protecting your retirement plan for your beneficiaries
10-22-2014 Estate PlanningEarl H CohenFor 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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New laws bolster women employees (and some men, too)
10-8-2014 Employment LawMarshall H TanickA 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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Marital bliss sacrificed to defraud bank
10-7-2014 Banking, Finance & WorkoutThe 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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Year-End Tax Planning for Individuals and Business Owners
10-2-2014 Estate PlanningScott M NelsonThis 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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Opting in to MCIOA: What to consider, how to plan and how to execute the plan
10-1-2014 Community AssociationsNancy T PolomisSince 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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Can our Community Association change the size of its Board of Directors?
9-22-2014 Community AssociationsJoel A HilgendorfAn 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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Probate - What is it? Why do we need it? How do we avoid it?
9-22-2014Earl H CohenIn 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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Inflation-adjusted 2015 figures for transfer tax and foreign items
9-18-2014 Estate PlanningScott M NelsonUsing 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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'Availability' and eligibility for unemployment benefits
9-4-2014 Employment LawMarshall H TanickThere 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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Get the Lead Out: Protecting the Public (and the contractor) from Lead Paint
9-2-2014 Construction & Lien LawBlake R NelsonAre 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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What O’Bannon Means For NCAA's Next Round Of Litigation
9-1-2014Richard M HagstromAs 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's time to start your year end planning
8-27-2014 Estate PlanningEarl H CohenIt 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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Know Lead Paint Requirements or Risk Thousands
8-12-2014 Construction & Lien LawBlake R NelsonAre 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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Expungement Efforts Expand
7-28-2014Marshall H TanickNew 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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Recent federal tax developments that may affect a your tax situation
7-25-2014Scott M NelsonThe 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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NCAA’s Latest Legal Nightmare May Be Most Important
7-11-2014Richard M HagstromAs 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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Arbitration Clauses: Pros and Cons
6-13-2014 Construction & Lien LawBlake R NelsonWhether 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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Wood Flooring Disputes: Should You Choose Court Trial Or Arbitration?
5-28-2014 Construction & Lien LawBlake R NelsonIf 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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Whistleblowers lose jobless pay bids
5-27-2014 Employment LawMarshall H TanickThe 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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I'm Not Liable - It was the weather!
5-23-2014 Construction & Lien LawIn 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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Tax Developments: Business Impacts (First Quarter of 2014)
5-21-2014 Business & Corporate LawScott M NelsonMinnesota
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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Tax Developments: Individual Impacts (First Quarter of 2014)
5-21-2014Scott M NelsonMinnesota
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
5-19-2014 Community AssociationsDavid G HellmuthCommunity 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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Dealing with Difficult Homeowners: Can’t We All Just Get Along?
5-12-2014 Community AssociationsNancy T PolomisFor 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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New Minnesota Defamation Cases
4-8-2014Marshall H TanickThis spring marks the 50th 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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Insurance policies and overhead and profit
4-3-2014 Insurance CoverageEdward E BeckmannSome 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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MN Tax Relief News
3-24-2014 Business & Corporate Law, Estate PlanningScott M NelsonFriday 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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South Minneapolis New Construction and Demolition Moratorium
3-12-2014 Construction & Lien Law, Real Estate LawAn 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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Perils of Severance Agreements
2-14-2014 Employment LawMarshall H TanickTerminated 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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Supreme Court will decide whether bankruptcy protection applies to inherited IRAs
1-16-2014 Estate PlanningEarl H CohenIRA 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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The perils of suing and being sued for fraud in commercial cases in Minnesota
1-16-2014 Business & Corporate LawBrian N NiemczykAs 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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Advisor, students learn costly lesson
1-10-2014 Employment LawMarshall H TanickAs 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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New Year’s Eve revels in Minnesota litigation
12-19-2013With 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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New Year, good time to review business law
12-16-2013 Employment LawMarshall H TanickFrom 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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Don’t lose your rights to full profits on lost volume sales
12-2-2013Joseph P BeckmanIf 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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Unemployment Benefits and Severance
11-21-2013Marshall H TanickEmployees 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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Minnesota nice vs. Business nice
11-15-2013Marshall H TanickNo 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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Equal opportunities for student-athletes with disabilities
11-14-2013U.S. Department of Education Guides School Districts in Providing Equal Opportunities to Student-Athletes with DisabilitiesEarlier this year, the Department of Education’s Office for Civi...
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Worker’s Compensation
11-14-2013 Employment LawMarshall H TanickOne 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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Do's and Don'ts of Winning an Unemployment Appeal Hearing
11-13-2013 Employment LawBrian N NiemczykQuick SummaryLearning 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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Jobless employees can get “sick” benefits
10-2-2013 Employment LawMarshall H TanickSeveral 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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Courts take stance in standing cases
9-3-2013Marshall H TanickAlthough 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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"Dog" defense doesn't work for benefits
8-14-2013 Employment LawMarshall H TanickHow 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's Parental Leave Act expanded
8-14-2013 Employment LawDenise Y TatarynMinnesota 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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Recent Developments in Employment Law
8-13-2013 Employment LawTeresa J AylingThe 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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Courts decide 6 expert witness cases
8-8-2013Marshall H TanickExpert 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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No insurance, no job for school plumber
8-7-2013 Employment LawMarshall H TanickThe 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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A landlord's liability for leftover personal property
8-1-2013Brian N NiemczykIn 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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Running your association like a successful business
7-31-2013 Community AssociationsPhaedra J HowardWhether 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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Retreat ruling: Self-defense in state law
7-25-2013Marshall H TanickThe 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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Employment retaliation
7-16-2013 Employment LawMarshall H TanickProving 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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8th Circuit setbacks for FMLA claims
7-15-2013 Employment LawMarshall H TanickThe 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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Supreme Court rulings affect Minnesota workplace
7-12-2013 Employment LawMarshall H TanickWhile 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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New whistleblower law in Minnesota
7-10-2013 Employment LawMarshall H TanickEmployees 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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Courts consider five contract cases
6-27-2013 Employment LawMarshall H TanickContracts 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 agrees to multi-state regulatory settlement agreement
6-14-2013 ERISA LitigationDenise Y TatarynCigna 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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School’s out: wins and losses in class
6-13-2013Marshall H TanickAs 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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Contractual obligations to indemnify and insure: The language does matter
6-10-2013 Construction & Lien LawKurt M MitchellIt'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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Family Leave Law, at 20, is Successful
6-10-2013 Employment LawMarshall H TanickFederal law allowing time off for health reasons spawns other leave laws
The Family Medical and Leave Act recently marked its 20th anniversary. It is one of the most widely used workplace laws...
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The intersection of the FMLA and commissions
6-10-2013 Employment LawBrian R ChristiansenWhy 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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Rare reversals: Overturning unemployment rulings
6-3-2013 Employment LawMarshall H TanickUnemployment 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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Multiple plea withdrawals nixed
5-17-2013Marshall H TanickMost 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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Guthrie at 50, the drama of litigation
5-3-2013 LitigationMarshall H TanickThe 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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Appellate attracts arbitration actions
4-22-2013 Employment LawMarshall H TanickMandatory 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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Maintaining a handle on your association’s maintenance obligations
4-17-2013 Community AssociationsPhaedra J HowardAs 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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Two key workplace cases pending
4-15-2013 Employment Law, LitigationMarshall H TanickWhile 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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Community Associations - Using tools of technology: A cautionary tale
3-28-2013 Community AssociationsNancy T PolomisIt 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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Court addressed three stalking cases
3-22-2013Marshall H TanickThe 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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Cases consider court choice clauses
3-8-2013 LitigationMarshall H TanickAlternative 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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Tough going for deportation challenges
2-21-2013Marshall H TanickImmigrants 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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Courts differ in independent contractor cases
2-7-2013Marshall H TanickBusinesses 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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Dog dilemmas: Different dog detection decisions
1-24-2013Marshall H TanickLaw 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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Replacement Reserves – FAQs
1-18-2013 Community AssociationsPhaedra J HowardBy 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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Enforcing your association's governing documents
1-16-2013 Community AssociationsPhaedra J HowardGoverning 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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12 cases that stood out in 2012
12-28-2012Marshall H TanickImmigration, 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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Rare ruling: Quitter may get unemployment
12-14-2012 Employment LawMarshall H TanickEmployees 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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No immunity for ‘hostile’ deputy sheriff
11-30-2012Marshall H TanickThe 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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Don’t let the Parade of Homes become your Boulevard of Broken Dreams!
11-23-2012 Intellectual PropertyRussell "Mick" Spence, Jr.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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Property tax appeals
11-23-2012 Real Estate LawJohn J SteffenhagenAccording 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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Understanding and interpreting your association’s Governing Documents
11-19-2012 Community AssociationsPhaedra J HowardIn 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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Recent cases address criminal court closures
11-16-2012Marshall H TanickLockouts 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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Negotiating with vendors
11-12-2012 Community AssociationsPhaedra J HowardOk, 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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An introduction to nonmarital property issues in Minnesota
11-5-2012One 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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Appellate courts address religious rites, rights
10-31-2012Marshall H TanickReligious 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 wonder: When will we win?
10-19-2012 Employment LawMarshall H TanickWhistleblowers 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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Trust, but verify when making a payment bond claim
10-8-2012The 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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Adverse actions attract appellate attention
10-5-2012Marshall H TanickThe 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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MN Supreme Court insurance claim opinion
9-24-2012Understanding 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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Intellectual Property Audit: Finding ways to limit liability and create value
9-18-2012 Intellectual PropertyWhether 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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Minnesota’s First-Party Bad Faith Statute: Four Years Old
9-3-2012In 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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Amending your association’s Governing Documents
8-14-2012 Community AssociationsPhaedra J HowardWhy 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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Employee owners in closely held businesses: Till death do us part?
7-27-2012 Business & Corporate LawJoseph P BeckmanMichael 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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Till [the End of the Transition Period] Do Us Part
7-11-2012 Information Technology & E-CommerceWhen 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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It’s just semantics, right? How a few words affect your coverage
6-27-2012 Information Technology & E-CommerceKatheryn A Andresen"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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The changing face of Family Law in Minnesota
6-27-2012Hellmuth & 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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Crossing T’s and dotting I’s in an insurance claim
5-15-2012 Insurance CoverageJ. Robert KeenaStorm 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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Employing the M-I-C-E Methodology to Limit a Limitation of Liability
4-16-2012 Information Technology & E-CommerceLimitations 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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Avoiding the Accidental Partner
3-15-2012 Business & Corporate LawJoseph P BeckmanLife 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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Hellmuth & Johnson Partners Attend Grammy Awards
3-15-2012 Entertainment LawBy 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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Rules of the road regarding chemically dependent job applicants and employees
3-7-2012 Employment LawThe 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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Do I have to pay overtime?
12-1-2011 Employment Law, Business & Corporate LawIn 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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Is unemployment discrimination allowed?
12-1-2011 Employment Law, Business & Corporate LawMark E RathIt 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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IRS “Safe Harbor” for misclassified employees?
11-15-2011 Construction & Lien Law, Employment LawBlake R NelsonRecently 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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Leasing within Community Associations
11-15-2011 Community AssociationsJoel A HilgendorfWhile 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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Understanding Contract Termination
11-15-2011 Construction & Lien LawWhat 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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Using IT contracts as business management tools
11-15-2011 Information Technology & E-CommerceRaymond R BonnabeauIT 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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New risks to homeowners in pursuing claims for construction defects
9-26-2011 Real Estate LawReal 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 ABCs of Non-Compete Agreements in tough times
9-26-2011 Employment LawJohn J SteffenhagenThe 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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2011 Community Association Legislative Update
7-28-2011 Community AssociationsPhaedra J HowardA 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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Considerations for home construction contractors handling insurance work
7-28-2011 Construction & Lien LawThe 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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Considerations for your company’s privacy and social media policies
7-28-2011 Business & Corporate LawKatheryn A AndresenIn 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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Construction industry found to have the highest number of traumatic brain injuries
7-28-2011 Construction & Lien LawCarol R.M MossWhen 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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Maximizing your automobile insurance coverage
7-28-2011 Insurance CoverageKlay C AhrensOne 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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Not So Boilerplate
Raymond R BonnabeauBusiness 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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Minnesota storm season hits
7-25-2011 Insurance CoverageChristopher R JonesThe 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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Changes to FHA financing approval requirements
7-20-2011 Community AssociationsPhaedra J HowardThe 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
7-15-2011 Community AssociationsNancy T PolomisUnity in the Community: It Starts with Effective Board MembersFor any newly-elected Board member, the responsibilities and obligations of the job can be daunting. Taking those responsibilities and o...
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Using social media to make employment decisions
7-1-2011 Employment LawWith 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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Judicial Ride-Along Program: Another Look
1-24-2011I 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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Better to give now (2010) vs. Making charitable contributions later (2011)
11-15-2010 Estate PlanningTimothy O DavisCall 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 clean-up... Review your contracts!
10-4-2010 Construction & Lien LawChristopher R JonesFall 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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Aging in place in Community Associations
7-23-2010 Community AssociationsPhaedra J HowardAccording 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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Landlord/Tenant statute changes
6-7-2010 Real Estate LawJoel A HilgendorfRecently 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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New Fannie Mae and Hud Lending rules - Learn how your association is affected
1-1-2010 Community AssociationsJoel A HilgendorfAs 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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Recent changes to laws affecting construction contracts
7-6-2009 Construction & Lien LawPersons 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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40 Ideas to build on for business success
6-8-2009 Business & Corporate LawBlake R NelsonDear 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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Community Association Rules and Regulations
6-1-2009 Community AssociationsOverview 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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Board Communications - An Update
10-1-2008 Community AssociationsNancy T PolomisIn 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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Comfort animals: What are they and how should associations deal with them?
10-1-2008 Community AssociationsPhaedra J HowardThe 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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The mortgage company needs to pay me, right?
10-1-2008 Construction & Lien LawBlake R NelsonIn 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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The pitfalls of high-tech communications
6-1-2008 Community AssociationsNancy T PolomisOver 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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Rules and regulations - adopt and enforce, as a rule
10-1-2007 Community AssociationsJoel A HilgendorfAssociations 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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Pre-lien notice laws clarified: Two recent cases help contractors
12-4-2006 Construction & Lien LawBlake R NelsonTwo 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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A primer on Minnesota Public Payment Bonds
10-2-2006 Construction & Lien LawBlake R NelsonIn 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 have privileges... and responsibilities
10-1-2006 Community AssociationsNancy T PolomisBoard 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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The Minnesota Common Interest Ownership Act: A positive effect for Minnesota Community Associations
6-1-2006 Community AssociationsChad A JohnsonYou 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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Homeowners Warranty Amendment provides contractors right to repair
4-3-2006 Construction & Lien LawGovernor 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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Responding to a breach of purchase agreement
4-3-2006 Real Estate LawChad A JohnsonWe 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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Construction Law: Fact or Fiction?
4-7-2003 Construction & Lien LawBlake R NelsonFACT 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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Pay When Paid Clauses: Are they enforceable?
4-1-2002 Construction & Lien LawBlake R NelsonThe "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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Constitutional Liens
4-3-2000 Construction & Lien LawBlake R NelsonNO 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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