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for: ‘February, 2018’

Preparing the Witness to Win the Deposition Battle

As fewer cases are tried and more are settled, depositions take on greater importance. Depositions often provide a significant part of the data used to analyze the settlement value of a case. We look at whether the witness was convincing and whether she effectively spoke to the major issues of the case. Depositions also may […]

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No Longer Peas in a Pod: More implications of the divorce of Minnesota corporate and LLC law

Twenty-five years ago, when an MSBA task force drafted Minnesota’s first limited liability company (LLC) statute, the drafters copied chapter 302A, the corporate statute, to the maximum extent possible. Labels were changed—e.g., member instead of shareholder; board of governors instead of board of directors—and substance was modified to the extent necessary to comply with the […]

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Rethinking the Law Office: Trends in legal office space

Insights from commercial real estate professionals By Dan Wicker, Tom Dahl, Paul Donovan, and Jaclyn May Today the success of a law firm depends on much more than just helping clients and billing hours. The operational side of the industry can be tedious, with a number of moving pieces to consider when evaluating costs and […]

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Out, Damned Spot! The creation of the Client Security Board

A drama in three acts The Minnesota Client Security Board, born in the 1980s amid the crisis stemming from two lawyers’ high-profile theft of client funds, has been reimbursing the victims of financial crimes by attorneys for over 30 years. In this short history—the first in a series*—the author, the first CSB director and also […]

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Meet Liz Kramer: ‘I really love to win’

Why did you decide to go to law school? Originally I dreamed of a career in politics. When I was working at a think tank in Washington, D.C. after college, one of my mentors convinced me that law school would open up lots of potential paths for me (beyond just politics). He was right. I […]

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Messing with Texas: How TC Heartland changed patent venue

In May 2017, the Supreme Court issued a decision in TC Heartland v. Kraft Food Brands overturning years of precedent on proper venue for patent cases. For over two decades, patent holders could sue alleged infringers in essentially any federal court nationwide. This led to a disproportionate number of patent infringement cases being filed in […]

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Is the Internet of Things spying on you?

So is your phone spying on you? Yes, it’s possible. A few months ago, Computer Forensic Services analyst Sean Lanterman spoke to KARE 11 News about a topic that makes a lot of people nervous. “Is my phone spying on me?” may have seemed like a paranoid question at one point, but it now seems like […]

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2017 year in review: Public discipline

Public discipline in professional responsibility cases is imposed not to punish the attorney, but to protect the public, the profession, and the judicial system, and to deter future misconduct by the attorney and others. In 2017, 40 attorneys were publicly disciplined, with discipline ranging from a reprimand to disbarment. This number is slightly down from […]

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MSBA at BLE: Rule 7A

MSBA members Eric Cooperstein and Fred Finch represented the MSBA at a public hearing held by the Board of Law Examiners (BLE) on January 16. The Supreme Court had directed the BLE to review its interpretation of the Rule 7A requirement that a lawyer seeking admission without examination under the rule must establish that for […]

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MSBA files General Rules of Practice comments

The MSBA has filed comments with the court supporting proposed amendments to Rule 10 of the General Rules of Practice. The proposed amendments incorporate many of the changes sought by the Joint Tribal/State Court Forum to strengthen recognition of tribal court orders. The MSBA based its position on the following: The value of enhancing comity, […]

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