Yearly Archive
for: ‘2011’

October 2011

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When Crisis Strikes Law Firms: What to Do, What to Say

Law firms, relying as they do on public trust and the confidence of clients, have every incentive to act when a crisis threatens to damage their reputation and relationships. Advance planning makes sense: an appropriate response in one instance may be disastrous in another. In 2007, at a prestigious East Coast law firm, a secretary […]

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Arbitration Agreements & Collective Action: The Consumer, the Class, and the FAA

The Supreme Court’s Concepcion decision has brought significant clarification to a turbulent area of competing policy considerations involving agreements to arbitrate, but questions remain regarding just where the balance should be struck between favoring arbitration and protecting consumers. When federal policy (embodied in the Federal Arbitration Act (FAA)) favoring arbitration comes into conflict with consumer-friendly […]

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Employee Retaliation Claims

Retaliation claims in the workplace have gained prominence in recent years at both federal and state court levels.  While recent federal rulings have tended to favor employees, Minnesota state court decisions have treated retaliation claims more skeptically. As the United States Supreme Court returned to work last month to begin its 2011-12 term, on the […]

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Why Pro Bono?

In honor of Pro Bono Week, October 23-29, the folks at Thomson-Reuters’ Findlaw offered the following “five top reasons” to do pro bono work: Pro Bono Rules. The ABA Model Rule of Professional Conduct Rule 6.1 states that lawyers should provide at least 50 hours of pro bono legal services per year. Expand Your Horizons. […]

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Unemployment Law

Unemployment law judges (ULJ) who work for the Department of Employment & Economic Development (DEED) and adjudicate unemployment compensation claims are required to assist unrepresented parties in presenting their cases.  Their failure to do so can lead to reconsideration and reversal of their initial rulings.  That feature of the unemployment compensation laws was the focal […]

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CLE Reporting

As an alternative to filing the traditional affidavit, Minnesota attorneys can report their CLE attendance to the CLE Board through the internet. Details are available at Reporting online alleviates the need to maintain a log, file a timely affidavit, etc., and provides a current snapshot of CLE credits earned, including bias and ethics credits.  It’s […]

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Cuba: A Country of Contrasts

Sitting in the Jose Marti Airport on October 17, awaiting the departure of our flight back to Miami and having purchased my last Cuban coffee with my last convertible peso, I reflect on the last eight days.  A remarkable legal and cultural education, paid for entirely by the participants, at no cost to MSBA, but […]

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Scripting Contacts with Represented Persons

Ray Bradbury made the number 451 famous.1 The number 461, however, is not particularly remarkable, just an odd number with little previous significance attached to it. I’m old enough to remember that Eric Clapton recorded an album entitled 461 Ocean Boulevard, but that was just the address of a house he lived in while making […]

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Incomplete Repairs: New Remedies for Disputes in Residential Construction

Minnesota’s newest Notice and Opportunity to Repair Law offers remedies to help homeowners  and homebuilders resolve their construction-related disputes without litigation but additional changes to the law are needed before the repairs to the previous statute can be considered complete. Not only is a family’s home its “castle,” it is often their largest asset. After moving into […]

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