Yearly Archive
for: ‘2007’

The State of the Judiciary: 2007

Thank you, Pat, for that kind introduction. First, let me recognize and applaud Pat Kelly for the outstanding job he has done over the past year as Bar president. Thank you, Pat, for all of your hard work and your leadership — and for your strong support of the judiciary’s successful budget request this year at the […]

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Issuing and Managing Litigation-Hold Notices

Courts increasingly are interpreting the obligation to preserve evidence as one that attaches as soon as a party reasonably anticipates litigation or a government investigation. Corporations and their counsel must therefore exercise added care to ensure that relevant documents and other materials are preserved and managed in good faith. The law imposes on litigants and […]

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Inadvertent Disclosure of Privileged Information

Risks associated with the inadvertent disclosure of privileged or work-product evidence have grown recently but courts are divided in their response.  Careful preparation and review of documents being produced in response to a discovery request remains the best way to avoid inadvertent waiver of privilege. Accidentally producing privileged or work-product evidence is among a lawyer’s worst […]

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MSBA President 2007-08: Brian Melendez

With the exception of baseball caps, hat-wearing has fallen out of favor for most men. That doesn’t stop Brian Melendez, incoming president of the Minnesota State Bar Association (MSBA), from wearing as many as he can on a given day. The difference is that Melendez’ hats are all metaphorical. There’s the hat he puts on […]

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2007 Legislative Session in Review

Mr. Grooms’ annual review of the highlights of the Minnesota legislative session reports success for MSBA’s legislative agenda, lists bills of interest to lawyers in multiple areas of law, and looks ahead to anticipate key issues likely to confront the Legislature in the 2008 session.  The 2006 elections brought significant change to the State Capitol. […]

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May a Witness Ethically Lie in Court?

Legal education rarely if ever explores the use of general moral values, norms, and reasoning in the practice of law. Yet it’s indubitable that in practice law and morality at times conflict, and with justice as the goal, the two must be reconciled. Attorneys rarely consider moral values, norms, and reasoning as legitimate resources that can […]

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Doocing the Blogzilla: Managing Workplace E-Communications

New forms of electronic communications pose unique challenges for those seeking to determine appropriate bounds for communications at and about the workplace. Clear and concise policies saying what is and is not permissible can help all parties avoid situations where it’s necessary to “dooce the Blogzilla.” Your client is very agitated … a late-night, impromptu Google search has led […]

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Lay Leaves Lasting Legacy

Within the last year not one, but two Minnesota jurists have stepped down after long service and significant contributions to the jurisprudence of the 8th Circuit Court of Appeals. Here we remember and salute the contributions of the late Judge Donald Lay. The death on April 29th of 8th Circuit Judge Donald Lay marked the conclusion […]

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New Turns in the Maze: Finding Your Way in the New Civil Rules

Newly promulgated changes to the Rules of Civil Procedure take effect July 1, including provisions on computation of time, subpoenas to nonparties, and electronic discovery procedures. Is Columbus Day a “legal holiday” for the purposes of computing time under Rule 6 of the Minnesota Rules of Civil Procedure? Can I get a subpoena from a Minnesota court […]

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Due Diligence in Drafting: Copyrights in Legal Documents

Imitation, it’s said, is the most sincere form of flattery. But copying a work — including a legal document — in which someone else holds copyright may not be perceived as simply flattering, and may lead to allegations of infringement and a suit for damages.  No one likes to reinvent the wheel. A smart lawyer confronted with […]

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