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for: ‘August, 2018’

Attorneys Wanted

Regional management-side labor and employment law firm with an outstanding reputation seeks lateral attorneys to join its suburban Minneapolis office. If you are an accomplished attorney with a proven record of success demonstrated by existing business clients and/or expertise in a particular related area, such as employee benefits, employment-based immigration, executive contracts, etc., explore practicing […]

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ABA House of Delegates passes immigration resolution sponsored by MSBA

ABA Resolution 10C urges immigration reform addressing children separated from their parents at the United States border The House of Delegates of the American Bar Association (ABA) today adopted Resolution 10C (text) calling on Congress and the executive branch to immediately cease separating children and their parents at the border.  The resolution, which was initiated […]

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Visiting Professorships for Senior Lawyers

Visiting Professorships for Senior Lawyers Short-term pro bono teaching assignments in Eastern Europe, former Soviet Republics, and Asia. www.seniorlawyers.net. Center for International Legal Studies office@cils.org

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Understanding ‘Risk Assessment’ Tools

What they are and the role they play in the criminal justice system: a primer The concept of “risk assessment” in the justice system has proliferated alongside other terms such as “evidence-based practices,” “risk algorithms,” “big data,” and “machine learning.” While these terms and topics are related, they are not all synonymous. Not all risk assessments […]

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So you are going to trial

How to prepare for the case that doesn’t settle Once upon a time, it could reasonably be argued that trial preparation began when a case was filed, if not before. Today, however, with 90 percent of civil cases settling before trial, case preparation is often focused on achieving a positive settlement. At some point in […]

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Guest or Tenant?

The relationship between temporary lodging establishments and the landlord/tenant statutes, and why it matters. Among property rights, the right to exclude is considered the most significant. Where a landlord/tenant relationship exists, the landlord’s right to exclude is predicated on the landlord’s obtaining a court order granting eviction against the tenant. Irrespective of the basis for […]

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Sex Harassment Settlements: A new scarlet letter for employers?

How the movement to abolish NDAs and confidential settlements could produce unintended consequences. Prelude to a stigma Nathaniel Hawthorne’s ageless novel The Scarlet Letter has surprising relevance to the current #MeToo/TimesUp movement. Hawthorne paints the story of Hester Prynne, a beautiful young woman presumed to be guilty of having a child while engaged in an […]

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Notes & Trends – August 2018

Commercial and Consumer Law JUDICIAL LAW • Alternative dispute resolution. Arbitration agreements in both consumer and commercial contracts are common and provide in many circumstances both a cheaper and a more rewarding and efficient method of dispute resolution than does litigation. Not surprisingly, trial lawyers may prefer litigation, and some individuals may later seek to evade the […]

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File contents and retention

What makes up a client’s file and how long do I need to keep it? These two questions have been asked frequently on our ethics hotline for decades. Minnesota’s ethics rules speak to the first question but offer no direct guidance on the latter. Let’s review the current lay of the land.  File contents Calling […]

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E-discovery vs. forensics: Analyzing digital evidence

Digital evidence continues to be a growing focus of the legal community. In a very real way, digital evidence and its utilization in court can be compared to the advances in the use of DNA science that our courts saw in the last century. In a ubiquitously digital world, digital evidence has applications in almost […]

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