Yearly Archive
for: ‘2007’

Social Host Liability in Minnesota

You can be civilly liable as a social host for the activity of underage drinkers if you knowingly or recklessly provided a space for that drinking to occur.  And, soon, you may be criminally liable for such activity even if you are not at home. With the upcoming holidays, many people will be hosting parties where […]

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Combating Attorney Burnout

Attorneys as a rule are not strangers to stress, but employers should take care that the work environment they create is motivating their attorneys to excel and not contributing to attorney burnout. Burnout!  We have all heard colleagues complain that they are “burned out” or nearing burnout. Most of us say we feel burned out when […]

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Enlarging the State Supreme Court

Over 150 years Minnesota’s Supreme Court has grown from three to seven members while lower courts have grown many-fold. Perhaps the time has come to consider adding justices to Minnesota’s top tribunal. “Some say there are nine Muses, but they are wrong.” Plato, No. 36 Minnesota’s 150th birthday, which will be marked with Sesquicentennial celebrations in […]

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From Tinker to Bong: The School Bell Tolls for Student Rights

The Supreme Court’s decision this year in Morse v. Frederick marks but the latest in a series of cases balancing the 1st Amendment rights of students with the educational prerogatives of school authorities and other vital concerns. Experience suggests that this volatile area of law will not soon be settled. Nearly 40 years ago, during […]

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Letters of Intent: Their Use in Minnesota Business Transactions

Letters of intent can facilitate the process of deal making but can also create unintended problems. Careful drafting, sensitivity to the interests of buyer and seller, and knowing how courts in the jurisdiction have determined when provisions are binding or nonbinding will help counsel avoid the pitfalls.  In the early stages of many transactions, the […]

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Creating a Satisfying “Second Act” in Your Legal Career

Attorneys are widely perceived as successful in life and many would affirm their satisfaction with their careers. But lawyers who can claim they “couldn’t be happier” are rare, and far more common are those who don’t take time to consider how making changes might yield greater satisfaction. Some of you may remember the movie, City Slickers, […]

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Character, Fitness & Redemption: Measuring Fitness to Practice

Over the past 20 years the Minnesota Supreme Court has evolved a remarkable jurisprudence in reinstatement and bar admission cases that is nearly scriptural in its subject and its vocabulary. Although miscreants, generally, are redeemable, few have shown the desire, resolve, and actual transformation needed to obtain certification of redemption Mr. Wernz, don’t you believe […]

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Starting Your Own Firm: Think Before You Leap

Knowing yourself is critical in assessing whether starting your own law firm will be right for you.  Apart from projecting revenues and expenses, establishing a client base, and handling the details of office leasing and marketing, knowing what’s motivating you and what you hope to achieve are essential to making a good decision. You’ve been thinking […]

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Pursuing the Predators: Regulators’ Response to Mortgage Fraud

 A weakening housing market has shed light on excesses that were easily overlooked when the market was strong. Both state and federal authorities are responding vigorously with legislation to clean up the mortgage industry, but the risk is that even honest practitioners may suffer the costs and trauma of investigation. For many people, becoming a […]

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What Do They Have in Mind? Minnesota’s Drug -Testing Law Turns 20

  For 20 years Minnesota has had one of the most complicated and employee-friendly drug-testing laws in the country. While questions of when federal law preempts the Minnesota statute remain, employers are well-advised to proceed carefully if they require applicants or employees to undergo drug testing. This September marks the 20th anniversary of Minnesota’s Drug […]

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