Archives
Monthly Archive
for: ‘August, 2018’

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

Update: Minnesota unbundled roster

The Minnesota Judicial Branch recently obtained $50,000 in grant funding from the National Center for State Courts to create an online roster of attorneys interested in providing unbundled legal services. At the request of the iudicial branch, MSBA staffers Steve Marchese and Nancy Mischel, along with staff from the HCBA and RCBA, developed a proposal […]

Read More

Petition update: Rules for Admission to the Bar

The Minnesota Supreme Court is accepting comments on the MSBA’s Petition to Amend the Rules for Admission to the Bar to allow certain qualified law students to take the bar exam prior to graduation. Sixteen states already have provisions allowing for an early bar exam. The proposed changes to Rule 4(c) leave in the hands […]

Read More
Page 1 of 212»

Articles by Issue

Articles by Subject