Yearly Archive
for: ‘2014’

Poisonous Fruit & Civil Forfeiture: A New Rule in Minnesota

The exclusionary rule, barring from inclusion in a criminal trial any evidence unlawfully obtained, has long been the law in Minnesota.  In 2014 we witnessed the court’s extension of the rule to civil forfeiture cases for the first time, but new legislation that took effect August 1 may have robbed the decision of much of […]

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Expungement Revisited: Minnesota’s New Second Chance Law

Many Minnesotans with a criminal record impeding their chances for employment and other opportunities can pursue a second chance by petitioning for expungement of their record. The new Second Chance Law, effective January 1, will now provide a meaningful and full remedy. Ambiguities remain for the courts to address and access to the remedy remains […]

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Bitcoin and the Like: The New Payment Method, or More?

Ever since Bitcoin was introduced in 2009, regulators and users have puzzled over the nature of this new medium and struggled to discern its risks, limitations, and fundamental nature.  A study committee of the Uniform Law Commission is now grappling with these types of regulatory questions.  Whether a uniform state law will emerge remains to […]

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Lessons from Recent Judicial Elections

Now that the election season is behind us it’s time to examine the results and what they portend for future judicial elections in Minnesota.  At first glance it would appear that Minnesota once again avoided the unseemly partisan politics affecting states just across our borders.  No Minnesota Supreme Court justice was ousted over a controversial […]

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New Focus on Referral Fees

Two recent decisions by the Minnesota Supreme Court have renewed interest in and focus on the ethical aspects of attorneys referring cases to other lawyers in a different firm, and the ability to receive a fee or a portion of a fee in return, i.e., fee splitting and the payment of referral fees.  In In […]

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December 2014

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November 2014

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Every Dog Has Its Day–In Court: Requirements of Minnesota’s Dangerous Dog Statute

Dogs and their owners in Minnesota enjoy significant statutory and procedural protections when the dangerousness of the dog is in question, but a default to local ordinances to implement the statute makes knowing the local regulations imperative for owners. Approximately 31.9 percent of households in Minnesota include at least one dog.1 While many dog owners […]

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Charitable Contributions: Gifts That Will Keep on Giving in 2015

As the end of the year approaches, thoughts turn to giving, tax planning, and being thankful for the benefits the year has brought.  Charitable giving and happiness seem to complement one another, a process that may be enhanced if you are aware of what is and is not deductible and what steps are necessary to ensure your gift does the most good. […]

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Conservation Easements: Attractive Opportunity or Risky Endeavor?

Conservation easements present an attractive option for landowners looking to gain a tax advantage while preserving and protecting treasured land, but the process of establishing one can be both costly and onerous and the financial benefits may be limited. “[C]onservation will ultimately boil down to rewarding the private landowner who conserves the public interest.” —Aldo […]

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