Yearly Archive
for: ‘2011’

Pensions & Divorce

Having trouble getting the opposing party in a divorce to either provide accurate pension information or sign an authorization releasing her pension information to you?  No problem.  You don’t actually need her cooperation.  All you need to do is read and follow Minn. Stat. §356.49.  Section 356.49 requires public and private pension plan administrators to […]

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The Common Law of Morrison County

Former Minnesota Supreme Court Justice John E. Simonett passed away in July after long service to both the bench and bar of Minnesota.  His scholarship, humor, and affection for this state and its people will not soon be forgotten and are embodied in this article, which we reprint by permission. Ed. “There are three great […]

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What Great Writers Can Teach Lawyers and Judges

Wisdom from Plato to Mark Twain to Stephen King Legal writing is undeniably distinct from other forms of the written word, and not always to its credit.  Great writers over the centuries, both by instruction and by example, show how good writing and legal writing may yet coexist. “Writing,” said lawyer Abraham Lincoln in 1859, is “the great […]

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Gift of LLC Interests

A common estate-planning tool is to transfer interests in limited liability companies (LLCs) to family members by gift or sale either outright or in trust. If the LLC (even a Minnesota LLC) owns California real estate, however, a transfer of the LLC interest may trigger adverse tax consequences. California Board of Equalization Property Tax Rule 462.160 […]

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Client Security Board

“Client Security Board Approves Claims.”  So reads the standard headline to the press release issued by the Minnesota Client Security Board (CSB) following one of its quarterly meetings.  This flat, nondescriptive statement hardly does justice to the workings of the board, the volunteers who serve on it, or the staff hours that this office provides to […]

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Individual in the Class: Marital Status Discrimination in Employment

A venerable Minnesota statute, given new life by a recent decision of the Minnesota Supreme Court, focuses inquiry on characteristics of the individual rather than the class of those affected in weighing claims of marital status discrimination.  This could have significant impact on an employer’s potential liability for what would be permissible actions in other […]

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Navigating Noncompete Agreements

The tide seems to be turning in Minnesota in favor of the use of these restrictive employment devices. Minnesota formerly was a safe harbor, relatively speaking, for employees navigating through noncompete contracts.  But rulings by the Minnesota Court of Appeals in recent years, including two last winter, signify troubled waters for employees who seem to be swimming […]

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Successful Succession: Keep Your Best Clients When Boomer Lawyers Leave

The demographic phenomenon known as the baby boom has been shaping all aspects of American life since its advent in 1946—from an unprecedented number of students when the boomers were young, to an unprecedented number of workers during their adult years, to an unprecedented number of retirees in the years ahead.  There is no escaping […]

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