Monthly Archive
for: ‘November, 2009’


At its October meeting, the Lawyers Professional Responsibility Board adopted Opinion 21: A Lawyer’s Duty to Consult with a Client about the Lawyer’s Own Malpractice.1 This is the second opinion adopted by the Lawyers Board since the reconstitution of its opinion committee in 2008. The process of posting a proposed opinion for public comment, established […]

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Firearms Bans

A common misstep by criminal defense lawyers is to ignore the lifetime ban on firearms that results from conviction for misdemeanor crimes of domestic violence (MCDV). 18 U.S.C. 922 (G)(9) prohibits any person who has been convicted of MCDV from owning or possessing firearms and ammunition (but interestingly,not including bows or black powder weapons).

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Contract Myths

Myth: Oral (unwritten) contracts are not valid. Fact: Oral contracts are just as enforceable as written contracts,but they are more difficult to prove. The statute of frauds (Minn. Stat. Ch. 513) and the Uniform Commercial Code do require a written contract in certain circumstances. The writing requirement of the statute of frauds is different from […]

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LLCs & Asset Protection

The limited liability company (the “LLC”) is widely used as the business entity of choice by many clients for a number of reasons, including its asset-protection benefits. If a creditor of an LLC member attempts to seize the LLC member’s interest (or the assets of the LLC for that matter) she will have to deal […]

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The Next e-Discovery Frontier

Burgeoning growth of online social networking has created a huge repository of information about individuals and organizations that attorneys may find useful in litigation.  By the same token, those who frequent social networking sites should be circumspect about what information they share and how broadly they define their circle of friends. Experienced attorneys know that […]

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What’s Needed to Own a Business Method?

The United States Supreme Court will soon consider In re Bilski, a patent case whose outcome may substantially erode the basis for both existing and future business method patents. 

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Hot Heads, Single Incidents, and Overall Conduct

Unemployment compensation claimants who were discharged for isolated incidents of misconduct have had mixed success before the courts over the years, not least because the controlling doctrine, alternately articulated in case law and in statute, continues to evolve.

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We Are All Related

By Leo I. Brisbois Boozhoo Niijii; Gdinimikoon.  Hello, Friend; I greet you in a good way. The Ojibwe/Anishinaabe people traditionally view the world, everything in it (animate and inanimate), and the way for positive interaction to occur among all things as capable of being represented by or within a Circle. Although it is a gross […]

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