Yearly Archive
for: ‘2012’

December 2012

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Social Media Discovery: The Ongoing Struggle to “Update Status”

The rise of social media presents new challenges and opportunities for litigators in discovery.  While courts struggle with the application of existing rules and statutes to the new media, attorneys’ concerns about framing the request and preventing spoliation are timeless. What better way to disprove a plaintiff’s claim for emotional distress than to dig up […]

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Checking It Twice: New UCC Financing Statement Rules for Individual Debtors

To resolve confusion over the “name of the debtor” required on a financing statement  to perfect a security interest in personal property, Minnesota adopted changes to UCC Article 9 in 2011 that will become effective July 1, 2013.  In anticipation of these changes and in the spirit of the season, readers are encouraged to make […]

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Be Well to Do Well

Here it is, the last day of deer hunting for many of us in Minnesota and it is an absolutely beautiful day in the woods in the northern part of the state.  The sun is out, there is not a cloud in the sky, and the wind is not blowing.  No threat of snow or […]

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Politics, Ethics, & the Bar

As I write this month’s column, the 2012 elections have just been concluded and the results are in.  Both major political parties were victorious and both were defeated, in roughly equal proportions.  There’s nothing too shocking in that, as we are a relatively evenly and deeply divided country and state on many politically charged issues.  […]

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Double Your Money

Under the judgment interest rate statute, Minn. Stat. §549.09, judgments for $50,000 or less currently accrue interest at only 4 percent while judgments over $50,000 accrue interest at a whopping 10 percent!  In Estate of Rutt, ___ N.W.2d ___, (Minn. App. 2012),, the court of appeals held that the $50,000 threshold is applied to […]

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Money Laundering & Terrorist Financing

The federal Government has identified members of the legal profession, among others, as “gatekeepers” to the international financial and business markets and so has sought to impose stringent anti-money laundering (“AML”) and counter-terrorist financing obligations on these groups.  Concerned about how mandatory gatekeeper requirements might adversely affect confidential attorney-client relationships and other issues, an American […]

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H-1B Visas: Blink and You May Miss Them!

Do your corporate clients have plans to hire foreign nationals? Or perhaps they have international students working for them as interns? Employers that want to hire foreign workers for technical or other specialized professional positions in the next 12–18 months should identify those cases now (December 2012). This may include foreign-born interns or students who […]

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Trial by Jury: Arduous Attempts to Appropriate and Avert

Recent rulings by the federal & state courts in Minnesota have generally expanded, and occasionally constricted, the constitutional right in criminal and civil cases. Trial by jury, a fundamental and nearly unique feature of the American judicial system, may seem like an anachronism.  Fewer than 10 percent of all criminal cases and no more than […]

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Selling Your Law Firm: What’s It Worth?

As baby-boomer solo practitioners and owners of small law firms approach retirement, many start to think about selling their practices. However, they do not want to explore that path without a rough idea of what their practice is worth. It sounds like a cliché, but a law practice is worth exactly what someone else will […]

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