Bench & Bar of Minnesota is the official publication of the Minnesota State Bar Association.

Business Attorney

BUSINESS ATTORNEY opportunities with Vogel Law Firm. Applications are invited for attorneys with interest, experience and expertise in the areas of corporations, partnerships, mergers/acquisitions and general business practice.  We are seeking attorneys interested in working in our Fargo, Moorhead, or Bismarck offices.  Our attorneys are also expected to possess excellent writing skills and strong academic […]

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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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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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Boomtown: Risks and Rewards in the Peace Garden State

North Dakota’s oil boom has spawned sudden increases in population, business, and opportunity for roughnecks and lawyers alike.  But the challenges for practitioners and courts have grown apace. Unless you have been living under a rock (that is, any rock other than the massive shale formation known as “The Bakken”), you have likely heard by […]

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Minnesota’s Judiciary: Leadership in Service to Minnesotans

Good morning, and thank you for inviting me to speak with you today.  During my time with you, I want to talk about customer service. Specifically, I want to talk about how we, in the Judicial Branch, are working to improve and enhance how we serve the public, and what you can do as our […]

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