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for: ‘September, 2014’

September 2014

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Recognizing Social Entrepreneurship: Minnesota Embraces the Public Benefit Corporation

As of January 1, 2015, Minnesota will join the ranks of states that have adopted statutes permitting public benefit corporations, a new form designed to enable businesses to seek not only shareholder value but also fulfillment of the company’s stated social purpose.  Minnesota’s statute compares favorably with those of California and Delaware and bodes likely […]

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The Digital Scarlet Letter: Responding to Mug Shot Publishers

Rapid growth of the internet has spawned a new business whereby publishers “harvest” arrestees’ mug shots from public sites and reproduce them online without regard to subsequent disposition of the individual’s case, at times requiring payment to remove a photo from public view.  Legal responses to the phenomenon are varied and the issue remains unsettled. […]

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Free and Reduced Cost Legal Research: Options for Minnesota Lawyers

Amid challenging economic times lawyers across the profession are searching for ways to increase their efficiency while maintaining the quality and thoroughness of their work product.  Low-cost alternatives for legal research can be a cost-effective choice but users need to be aware of both their strengths and limitations. Over the last several years, practicing lawyers’ […]

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Ethics Rules and Pro Se Lawyers

Recently, the Minnesota Supreme Court has twice determined that Rule 3.3(a)(1), Minnesota Rules of Professional Conduct (MRPC), did not apply to an attorney appearing pro se.1  Rule 3.3(a)(1) prohibits “a lawyer” from knowingly making a false statement of fact or law to a tribunal or failing to correct such a false statement previously made.  This […]

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MSBA’s Race for Relevance

How relevant is the MSBA to you?  For some of our members the MSBA remains extraordinarily relevant.  For others less so.  The association has slowly been losing members over the past two decades.  And many current members are not very engaged.  An unengaged membership is the greatest threat to the future of the association.  Unengaged […]

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Social Media Discovery

Researching the backgrounds of parties has always been an essential aspect of litigation.  Now social media can provide fodder for depositions and settlement strategies. Individuals (and companies) share a great deal of information that could be useful in litigation.  For example, Twitter “tweets” have virtually no privacy protection and can be easily googled, revealing potentially […]

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OFP Hearing Testimony

It is a well-known legal axiom that an out-of-court statement made by a party-opponent is admissible against that party as nonhearsay in any subsequent legal proceeding. MN Rule Evid. 801D(2). However, a respondent’s OFP testimony cannot be used against him in his subsequent criminal trial. Minnesota law clearly states: “Any testimony offered by a respondent […]

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Digital Dexterity

Minnesota’s Rules of Civil Appellate Procedure were amended effective July 1, 2014.  The changes anticipate the digitization of all court records.  One important change: no more appendices.  There was a sense that appendices had become too long—and aren’t needed, now that the appellate courts have full electronic access to the lower court record. Without an […]

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