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for: ‘October, 2014’

Keeping the Genie Contained: Tips to Avoid Spoliation in Electronic Discovery

The proliferation of electronically stored information and related devices to store, access, and manage such information poses discovery challenges for counsel representing both individuals and businesses.  Risks of spoliation and runaway cost continue to grow and require careful, strategic planning to remain under control. It’s here; it’s there; it’s everywhere— electronically stored information (“ESI”)—that is, […]

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Custody and Parenting Time: Minnesota Amendments Codify Compromises

Amid evolving concepts of family and parenting Minnesota’s legislature has enacted amendments to child custody and parenting time statutes that took effect August 1, 2014.  While these appear agnostic as regards whether joint physical custody and equal parenting time are presumed preferable, statutory neutrality on the subject may lead courts that have favored sole custody […]

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Pleadings Plain or Plausible: Minnesota Claims Survive Twombley/Iqbal Challenge

Notice pleading, for many years the preferred standard in both Minnesota and federal courts, was constrained at least in federal litigation when the United States Supreme Court decided to require that civil pleadings state claims that are not only possible but demonstrably plausible. To the surprise of some and relief of others, the Minnesota Supreme […]

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Service Under Scrutiny: Honing a Basic Tool in the Litigator’s Toolbox

Service of process is an essential, basic tool for any litigator but not one to be treated lightly.  Heightened judicial scrutiny, uncooperative defendants, and increasing concern for consumer rights have combined to complicate matters, giving attorneys more reasons than ever to get it right the first time. Service of process, long an established step in […]

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Not Your Mother’s Pro Bono

The MSBA has long been committed to reducing barriers to the justice system for all Minnesotans.  For many years volunteer lawyers have played an important role in helping our state’s neediest seek justice through our civil legal system.  Doing pro bono work, however, is changing in the age of Google, Twitter, and the iPhone.  Fortunately […]

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Revisiting Law Firm Names

In June 2009, the Lawyers Professional Responsibility Board issued Opinion No. 20, entitled “Use of the Word ‘Associates’ in a Law Firm Name.”1  The opinion limited the use of the term “& Associates” to situations in which a law firm actually had at least two such individuals in addition to any lawyer in the firm […]

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Russian Citizens Beware

A new Russian Federation law, that went into effect on August 4, 2014, requires that Russian citizens, who also have lawful permanent residence or citizenship in another country, give notice to the Russian Migration Service, unless they fit into one of a few exceptions.  Legal guardians of Russian citizens who are minors or mentally handicapped […]

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Managing Email

If “Inbox Zero” sounds good in theory but you are too busy to spend time learning a full-on system for managing your email, here is a simple way to get your email under control. You don’t need to read books, watch a video, buy anything, download anything, or get a fancy email app. All you […]

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Defamation Law

To prevail in his high-profile libel lawsuit earlier this year, former Minnesota Governor Jesse Ventura had to overcome his characterization as a “public figure” or “public official,” which raised the bar for his claim.  His status, for defamation purposes, invoked the “actual malice” standard, requiring him to prove knowing falsity or reckless disregard of the truth […]

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October 2014

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