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for: ‘2010’

The Magically Disappearing Defendant: Successor Liability under Minnesota Law

Successor liability is more difficult to establish under Minnesota law than under Title VII and the standard for doing so has been subject to considerable give and take between Minnesota’s courts and legislature. Transfers of intangible assets without consideration pose significant risks that successor liability will attach. hat would you do in the following situation? […]

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Time is Money

he Minnesota Supreme Court recently approved the budget for the Office of Lawyers Professional Responsibility (Director’s Office). The fiscal year (now FY2011) for the Lawyers Board runs from July 1 to June 30. As a part of the end-of-fiscal-year cycle, the Board and Director’s Office also must file an annual report outlining the year’s activities.1 […]

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“When The Going Gets Tough …”

he test of any professional association is its continued strength and solid performance in delivering value to its members in tough times. By any measure, the MSBA is strong, having maintained its membership level of over 16,000 members through the recent stretch of economically challenging conditions. We believe this represents a recognition that now, more […]

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July 2010

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Prosecutorial Misconduct

With each new generation of prosecutors, many of the same prosecutorial misconduct mistakes are repeated. Judges differ in their approach to this phenomenon, some waiting to rule on possible objections raised in trial while others raise the issue with the attorneys prior to commencement of trial. Whatever the proclivity of the individual judge, the Minnesota […]

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May/June 2010

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Update on Law Firm Departures

One of the unique side effects of the Office of Lawyers Professional Responsibility (OLPR) having such a highly usable website is that it makes writing this column more challenging. All of the articles ever written by directors and other attorneys in our office for Bench & Bar of Minnesota over the past 39 years are […]

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No Word for Goodbye

Boozhoo Niijii; Gdinimikoon. Hello, Friend; I greet you in a good way. In Anishinaabemowin, the language of the Ojibwe/Anishinaabe people, there is no word for “goodbye.” The Ojibwe/Anishinaabe view life and all relationships therein (with and among both the inanimate and animate worlds) as being interrelated (or constituting a circle)—once something or someone enters our […]

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A Second Bite of the Apple: Preserving Income in Retirement

The attorney looking ahead to retirement need not be reconciled to a precipitous loss of income or of the value built up in practice. By carefully planning and negotiating the terms of their departure, retiring lawyers can both ease the transition and come away with more of the value they invested in their practice. hen […]

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Contempt of Court: Has This Been a Bad Month for Your Client?

Rooted in English jurisprudence, codified in statute, and inherent in the authority of the court, the contempt power exhibits complexity consistent with its origins and may be invoked to enforce a remedy, punish the contemnor’s conduct, or both. ews reports1 of orders by Hennepin County District Court Judge Jay Quam finding former auto mogul Denny […]

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