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for: ‘April, 2012’

April 2012

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Genetic Privacy in Minnesota: Unintended Conflicts and Consequences

A recent decision of the Minnesota Supreme Court highlights a range of personal data privacy questions regarding what “persons” other than governmental agencies are covered by the terms of the Genetic Privacy Act. On November 16, 2011, in Bearder v Minnesota1 the Minnesota Supreme Court held that the genetic information section of the Minnesota Government Data […]

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International Parental Child Abduction: Essential Principles of The Hague Convention

With the increasing globalization of business and human mobility, claims of abduction of children across international boundaries are becoming more common in our courts and those of other nations.  The Hague Convention sets basic guidelines for determining in which country competing parental claims should be heard and timelines for action are tight. This scenario is […]

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Now You See It, Now You Don’t: Disclosure without Waiver of Privilege Under Rule 502(d)

Federal Rule 502(d) is an important and, to date, underutilized tool in a federal litigator’s discovery arsenal.  It can provide predictability and valuable protections to producing parties, limiting the costs of exhaustive preproduction privilege review and minimizing disruptions. Federal litigators should take heed of a novel provision in Federal Rule of Evidence 502 that can […]

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Disclosing Confidential Information

When someone consults Rule 1.6, Minnesota Rules of Professional Conduct (MRPC), concerning the confidentiality of information relating to the representation of a client, at first glance she might think that almost nothing truly is confidential at all.  Rule 1.6(b) lists ten situations in which a lawyer may reveal otherwise confidential information, even if the information […]

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Reflections & Refractions

Bar presidents customarily devote their final, May/June President’s Page to giving a retrospective on the year, thanking all the appropriate persons. Still short of that final hurdle, I already feel that instead of being on the rubber chicken circuit of receptions, I’m entering the phase where lame duck is on the menu. Aside from all […]

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Working with Deaf Clients

Working with a deaf client adds certain requirements to your representation.  For court appearances, the court will provide an interpreter, but for meetings with your client outside of court, you are required to hire your own private interpreter under the Americans with Disabilities Act.  There are a limited number of interpreters in Minnesota who are […]

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Answering Disrespect with Respect

We all have our techniques for treating each other professionally and with civility. During World War II, Josef Stalin and Winston Churchill had a difficult relationship, at best.  The more abuse that Mr. Stalin heaped upon Mr. Churchill, the more correct, if not cordial, the Prime Minister was towards him. When asked why he did […]

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Gifting & Medical Assistance

Uncompensated transfers to family members will cause more problems for persons with medical assistance applications not approved prior to December 1, 2011. On that date the Department of Health & Human Services (DHS) implemented a new ?all or nothing? policy for reducing penalty periods caused by uncompensated transfers to family members.? MA takes into account […]

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