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for: ‘March, 2013’

March 2013

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Enforcing the Foreign Corrupt Practices Act: Guidance through a Glass, Darkly

The much-anticipated Department of Justice guidance on the Foreign Corrupt Practices Act finally arrived late in 2012, but the guidance fails to address many outstanding questions and these issues are unlikely to be addressed any time soon. On Nov. 8, 2011, in a presentation to the American Conference Institute’s National Conference on the Foreign Corrupt […]

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Watch Your Language: Analyzing Minnesota’s Anti-Indemnification Law after Bolduc

Construction contractors seeking indemnification from, and the transfer of liability to, others would do well to sharpen the language of their written agreements. Over the years, general contractors in the construction industry have been developing and testing indemnification language in their subcontract agreements with the intent of transferring liability for the general contractor’s own negligence […]

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Lawyers as Business Associates under HIPAA: Are You Ready?

Law firms with access to protected health information likely will find themselves classified as “business associates” under new HIPAA rules and therefore subject to new privacy, security, and breach-notification requirements governing their handling  of such information. On January 25, 2013, final rules implementing changes to HIPAA Privacy, Security and Breach Notification Rules were published in the Federal […]

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What, Again?

Taxation of legal services, the topic of this column, is a policy the Bar has long opposed, so I must ask myself, “Why am I procrastinating.”  Unpleasant as it is to go back over old ground, this is an issue that we must again discuss and clarify, among ourselves as professionals and with both our […]

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Summary of Public Discipline

Last month, this column featured a summary of admonitions, or private disciplinary dispositions. Such a column has been an annual staple of these Bench & Bar columns for many years. Since such dispositions are by their nature neither public nor publicized, it has always been thought that providing insight into the types of nonserious misconduct […]

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Charitable Donations

Heartfelt appeals to help somebody during a medical crisis or help a grieving family are familiar to us all.  Whether in the form of a jar at the check-out or a direct request for donations, these appeals sometimes prompt clients to ask if a donation to the cause is tax-deductible.  Often, the answer is no. […]

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Attorney’s Fees

Attorney’s Fees The amount of money at issue in a litigated case must now be taken into account in determining awards of attorney’s fees.  A recent ruling by the Minnesota Supreme Court in Green v. BMW of North America, LLC, 2013 WL 513241 (Minn. 2013), reversed a fee award that was close to $230,000. The […]

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Discovery Misconduct

Faced with a well-bankrolled, stone-walling respondent in litigation, a plaintiff’s attorney faces formidable odds.  If the defendant denies the existence of discoverable electronic evidence and opposing counsel declines to cooperate, pursuing discovery can be both costly and fraught with issues of information security and confidentiality.  But if such evidence is discovered and is demonstrably relevant […]

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