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for: ‘June, 2012’

May/June 2012

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Courthouse Security in Minnesota: Personal Safety & Public Space

Recent incidents in Minnesota courts and nationally suggest that norms for courtroom behavior are eroding, heightening the security risks facing judges, court personnel, and public visitors to the courthouse.  What response is necessary, who pays, and how can we reconcile the need for personal safety with the public character of the courts?   POP QUIZ […]

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The Medicare Secondary Payer Act: Ethical Considerations in Settling Cases

Attorneys seeking to settle disputes under the MSP Act by including indemnification or hold-harmless agreements must exercise caution lest they inadvertently run afoul of ethical constraints or find the agreements themselves unenforceable. Since its inception, the Medicare Secondary Payer Act (MSP) has created a number of headaches for legal practitioners. One of the emerging issues […]

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Death During Divorce

Divorce is stressful and not usually fatal, but when a spouse dies in the course of a divorce, the outcome for the surviving spouse depends heavily on the timing and circumstances of the other’s demise. An old adage is that you cannot divorce a dead person. However, death of a spouse does not necessarily serve […]

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2012 Legislative Session Recap

The 2012 legislative session saw considerable jousting between GOP majorities in both chambers and the DFL governor as legislators wrestled with bonding, tax relief, and funding for a proposed Vikings stadium. In recent years the November state economic forecast press conference seemed to be a repeating scene, with grim government officials announcing yet another large budget deficit. This ritual […]

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Time to Get Serious

Judge Francis M. Finch, formerly associate justice of the New York Court of Appeals, in an address as president of the New York State Bar Association, declared that the legal profession was overcrowded, and that “pressed by the necessities of a livelihood, there is a danger that men may be tempted to gain money by […]

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Lawyers Board Panel Actions

In July 2009, the Rules on Lawyers Professional Responsibility (RLPR)were amended, most significantly as to the manner in which probable cause determinations are made by Lawyers Board panels.1 The revised procedures have now been in effect for three years, perhaps a sufficient time to gauge the impact these changes have had on the lawyer discipline […]

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Unemployment Compensation Perils

An employee who voluntarily leaves a job without “good reason” attributable to their employer under Minn. Stat. §268.095, subd. 1(1) usually is ineligible to receive unemployment benefits for that job loss.  With a few exceptions, involving such circumstances as unremedied harassment, medical necessity, and a significant reduction in pay or benefits, employees who quit their […]

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Internal Referrals

Periodically an attorney who gets a call from a prospective client may arrange for another attorney in the firm to handle the matter, whether because she’s too busy or because the legal issue is outside his area of expertise. If handled properly, such internal referrals can be a significant source of practice development. Regardless of […]

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Unsolicited Trademark Fee Notices

When a trademark is first published by the U.S. Trademark Office or a registration is near a filing deadline for maintenance, clients may receive unsolicited trademark fee notices. These notices come from companies with official-sounding names requesting payment from a mark owner related to trademark filings, offering publication of the mark in a business or […]

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