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for: ‘June, 2013’

The Perilous Path to Long-Term Care: It’s Not Really about Asset Protection

Medical Assistance has served as the safety net for those of limited means who require long-term care for almost half a century.  The next half century promises unprecedented growth in our elderly population.  Unfortunately, few have made adequate legal or financial arrangements to provide for themselves through a period of long-term care.  And trying to […]

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Reducing Cost & Delay: Minnesota Courts Revise Civil Case Handling

Rule changes designed to improve the efficiency and cost-effectiveness of civil case processing in Minnesota will soon take effect, with implications for filing, discovery, motion practice and case management, among other issues, in Minnesota civil litigation. On July 1, 2013, several significant changes take place in how the Minnesota courts handle civil litigation.  These changes […]

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Adieu to Justice Anderson

The retirement in May of Justice Paul Anderson, from the Minnesota Supreme Court, upon reaching the mandatory retirement age of 70, caps a remarkable and revelatory judicial career. A graduate of Macalester College in 1965 and the University of Minnesota Law School, Justice Anderson was an attorney for VISTA, on the staff of the Minnesota […]

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2013 Legislative Session Recap

Politicos are fond of saying, “Elections matter.” And they do. The 2010 elections gave Republicans power over both chambers of the legislature for the first time in decades, but the 2012 elections reversed the tide and swept the DFL back into control of the state House and Senate. The new legislative majorities, combined with Governor […]

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More Than You Pay For

What is this, another article about the incredible value of being a State Bar member? While it could be, it is not.  This article really is meant to showcase how lucky Minnesota’s citizens, legal professionals, and justice system are to have the support of our legal services organizations, offices, and staff. These highly skilled and […]

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Changing for the Better

The Minneapolis StarTribune recently ran a front-page story about lawyer discipline,1 which accurately reported that the number of lawyers publicly disciplined had risen from 26 in 2010 and 2011 to 38 in 2012. The article further reported that the number was on pace to exceed that total in 2013, and possibly match the record total […]

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Minnesota Assumed Name Certificates

Ten years—that is the term for a trademark registered with the state of Minnesota (with a term of ten more years for each renewal of that state trademark registration).  That also was the term for a Minnesota assumed name filing, but not anymore.  Now a Minnesota assumed name certificate must be renewed annually. Every individual […]

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Child Support & the IRS

In family court proceedings involving child support there are several IRS tax rules that every family law attorney and judge should know: Taxable v. Deductible: Receipt of child support is not reported as taxable income and child support payments are not tax deductible by the payor. IRC §71 (C)(1). General (IRS) Rule—Dependency Exemption: The custodial […]

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Employer Investigations

Reversing a 34-year precedent, the National Labor Relations Board (NLRB), recently ruled that an employer must disclose witness statements and other data to a labor union representing an employee who may be subject to discipline for the incident.  American Baptist Homes, 359 NLRB 46 (2012).  The decision overruled Anheuser-Busch, Inc., 2037 NLRB 982 (1978), whose […]

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