Six years have elapsed since the MSBA formulated its current policy on judicial selection in Minnesota. Depending on your viewpoint, much or little has changed since then to warrant continued support for change, but there’s wide agreement that an impartial, accomplished, and accountable judiciary is the goal. Well before the 2010 Citizens United decision fundamentally altered …

Attorneys, courts, and clients alike can benefit when disputes are resolved quickly, amicably, and based on full understanding of the potential risks and costs of litigation.  Mediation, historically focused on preserving parties’ relationships, is evolving to include an evaluative component so participants more clearly understand the costs and risks of going to court. Whether we …

Acknowledging one’s own mortality is difficult in the best of times, but realizing how hard it will be for those left behind may be just the motivation needed to prepare for the unexpected.  A systematic approach to planning offers peace of mind for all. My wife’s cousin and his wife retired several years ago to rural …

The much-anticipated Department of Justice guidance on the Foreign Corrupt Practices Act finally arrived late in 2012, but the guidance fails to address many outstanding questions and these issues are unlikely to be addressed any time soon. On Nov. 8, 2011, in a presentation to the American Conference Institute’s National Conference on the Foreign Corrupt …

Construction contractors seeking indemnification from, and the transfer of liability to, others would do well to sharpen the language of their written agreements. Over the years, general contractors in the construction industry have been developing and testing indemnification language in their subcontract agreements with the intent of transferring liability for the general contractor’s own negligence …

Law firms with access to protected health information likely will find themselves classified as “business associates” under new HIPAA rules and therefore subject to new privacy, security, and breach-notification requirements governing their handling  of such information. On January 25, 2013, final rules implementing changes to HIPAA Privacy, Security and Breach Notification Rules were published in the Federal …

Twenty years after its enactment, the Family and Medical Leave Act remains vital and has been relied on by significant numbers of employees.  Minnesota has a number of other provisions mandating leave for employees in certain circumstances, but both employers and employees must take care to know and comply with the requirements to avoid difficulty. …

Justice Harry Blackmun’s long struggle to reconcile his concern for the individual, his respect for legislative and judicial process, and his awareness of the fallibility of individuals and institutions formed a jurisprudence that continues to instruct. This year, the country will commemorate the 40th anniversary of Roe v. Wade: the landmark decision written by one …

In the wake of the recent holiday parties some attorneys may have cause to reflect with concern on conversations they may have had with acquaintances who raised law-related questions.  Was an attorney-client relationship formed, and if so, what are the implications? Many of us vaguely remember encountering variations of this rhetorical question in the hypotheticals we discussed in …

Changing technology offers artists and listeners alike new opportunities to connect but the very pace of such change challenges artists, songwriters, and recording companies to find new ways to safeguard and derive income from their intellectual property.   Music has power and is everywhere.  It accompanies us on the drive to work, in the elevator, …