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for: ‘December, 2010’

December 2010

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Assessing the Risks: Corporate Compliance and Ethics Programs

As the regulatory environment continues to evolve, corporations may find they can get ahead of the enforcement curve by establishing a program to deter wrongdoing, develop an ethical and self-policing culture, and catch and correct their own problems. Bad corporate behavior is all around us—or at least it seems that way, given the regular media stories of corporate […]

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Finding “Lost” Money: Five Creative Techniques for Proving a Party’s True Income in Litigation

Believe it or not, some people are not always very honest when it comes to full disclosure of their income.  Sure, ascertaining the opposing party’s income is easy when they are a salaried employee who receives a W-2 at the end of the year.  But what about the owner of Joe’s Custom Basket Weaving?  Or […]

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Whither Whistleblowing? Uncertainty Stalks the Way Ahead

The Minnesota Supreme Court’s Kidwell decision has left whistleblowing employees, employers, and advocates for both with less than they had hoped for, while leaving a number of uncertainties for all who ponder the new bounds of whistleblower law. The long-awaited ruling this summer by the Minnesota Supreme Court in the landmark whistleblower case of Kidwell […]

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Keeping Up With the Neighbors

Each month, a fairly large volume of mail crosses my desk. Even with the Director’s Office’s excellent staff processing the majority of new complaints, district ethics committee reports, case-related correspondence, complainant appeals, etc., there is still no shortage of documents and information crossing my desk. Thus, sometimes I almost miss reviewing a particularly interesting and useful […]

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“Wherever Two or More Are Gathered”

If you have been paying attention, you have noticed that Minnesota Supreme Court Chief Justice Lorie S. Gildea is “a person on a mission.” Since her appointment as chief justice last summer, she has made adequate funding of the Minnesota Justice System a constant and central focus of her considerable energy and activity. She has […]

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Telephonic Search Warrants

A request for a telephonic search warrant may only be made in circumstances that make it reasonable to dispense with a written affidavit. If the court deems the request reasonable, there are seven procedural steps the court must follow: Record the entire conversation. The judge (or requesting officer) must record verbatim (electronically, stenographically, or by longhand) […]

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Soliciting for Charity

Many practitioners find themselves volunteering for a nonprofit organization as either a board member or volunteer counsel. Raising money for charity is tricky business, whether the effort is confined to Minnesota or expanded to other states. Beware that most behaviors targeted at raising money are considered “solicitations” under Minn. Stat. Chap. 309. Most other states’ […]

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Marital Status Discrimination

The right of spouses to pursue discrimination claims under the Minnesota Human Rights Act was clarified last spring by a ruling of the Minnesota Court of Appeals.  For a long time, the law limited such claims unless adverse action was taken against the “institution of marriage” itself, regardless of the identity of the spouses.  This restriction stemmed from a […]

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