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for: ‘March, 2012’

March 2012

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Attorney Specialization: Good for the Attorney, the Profession, and the Public

Thirty years have passed since Chief Justice Warren Burger called for the legal profession to begin certifying specialists in various areas of law.  While today it’s more common to hear people question whether more lawyers are needed, there’s a clear need for more certified lawyers. In the 1973 Sonnett Memorial Lecture at Fordham Law School, Chief […]

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Noncompetes for Professionals: It’s Not for Amateurs

Employment agreements restricting future competition by learned and licensed personnel have garnered mixed reviews from courts around the country and in Minnesota.  Nevertheless, certain professions appear to be more compatible with such agreements than others. Laws pertaining to noncompete agreements vary from state to state.  Although there are some general principles applicable in most jurisdictions, […]

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A Mild Case for Latin

“Remuneration!  O! that’s the Latin word for three farthings” —William Shakespeare, Love’s Labour’s Lost, act III, sc. i Like most lawyers, I am not fluent in the Pope’s vernacular.  Nor even am I proficient.  Indeed, I am wont to go on humbugging between a priori and a fortiori until my last breath, which I hope […]

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Transparency in Government

The Minneapolis StarTribune recently published a series of articles and an editorial concerning the state’s Board of Medical Practices, and one on possible legislative response.  The crux of their articles concerns the amount of information available to the public about the board’s investigations and decisions.  The editorial called for greater transparency by the board. The […]

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Transitions and Reflections

“We make a living by what we get, we make a life by what we give.” —Winston Churchill Late last month, I had the honor and the great personal pleasure of participating in the investiture ceremony of three judges new to our outstanding court of appeals, and, on another occasion, to attend the retirement party […]

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Deathbed Deeds

The execution of estate planning documents at a dying person’s bedside is not a palatable task for anyone involved.  As estate planning attorneys, we advise our clients against this particular scenario.  Inevitably, clients do not always follow our advice.  If you find yourself in this situation and the execution of deeds is part of your […]

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Discrimination Claims

The doctrine of “aiding and abetting” discrimination under the Minnesota Human Rights Act was clarified recently by the Minnesota Court of Appeals in a case brought by a woman who was fired after complaining about sexual harassment by a coworker. The court held that the majority owner of the company and his father, who undertook […]

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Domestic Abuse Dissolutions

In dissolutions involving domestic abuse, the difference between a 518B.01 order for protection (OFP) and orders restraining abuse issued within the dissolution proceeding itself can be very important. A Sec. 518.131 order is not a final order. It cannot immediately be appealed and it does not preclude the parties from litigating the same issues later. […]

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