A recent decision of the Minnesota Supreme Court highlights a range of personal data privacy questions regarding what “persons” other than governmental agencies are covered by the terms of the Genetic Privacy Act. On November 16, 2011, in Bearder v Minnesota1 the Minnesota Supreme Court held that the genetic information section of the>>>
International Parental Child Abduction: Essential Principles of The Hague Convention
With the increasing globalization of business and human mobility, claims of abduction of children across international boundaries are becoming more common in our courts and those of other nations. The Hague Convention sets basic guidelines for determining in which country competing parental claims should be heard and timelines for action are>>>
Now You See It, Now You Don’t: Disclosure without Waiver of Privilege Under Rule 502(d)
Federal Rule 502(d) is an important and, to date, underutilized tool in a federal litigator’s discovery arsenal. It can provide predictability and valuable protections to producing parties, limiting the costs of exhaustive preproduction privilege review and minimizing disruptions. Federal litigators should take heed of a novel provision in>>>
Attorney Specialization: Good for the Attorney, the Profession, and the Public
Thirty years have passed since Chief Justice Warren Burger called for the legal profession to begin certifying specialists in various areas of law. While today it’s more common to hear people question whether more lawyers are needed, there’s a clear need for more certified lawyers. In the 1973 Sonnett Memorial Lecture at Fordham Law>>>
Noncompetes for Professionals: It’s Not for Amateurs
Employment agreements restricting future competition by learned and licensed personnel have garnered mixed reviews from courts around the country and in Minnesota. Nevertheless, certain professions appear to be more compatible with such agreements than others. Laws pertaining to noncompete agreements vary from state to state. Although there>>>
A Mild Case for Latin
“Remuneration! O! that’s the Latin word for three farthings” —William Shakespeare, Love’s Labour’s Lost, act III, sc. i Like most lawyers, I am not fluent in the Pope’s vernacular. Nor even am I proficient. Indeed, I am wont to go on humbugging between a priori and a fortiori until my last breath, which I hope is made in>>>
Using Pseudonyms in Sexual Abuse Cases
Allegations of sexual abuse pose particular challenges for courts that must balance the public’s right to know what’s happening in the judicial system against the very real risk that victims may be revictimized if not allowed to shield their identity. With much attention paid to recent sexual abuse allegations and decades of>>>
Divorce Mediation: The Importance of Client Preparation
Mediation can be a very effective means for resolving disputes in a marriage dissolution but its effectiveness often depends on how well-prepared the clients are for the questions and outcomes they may encounter in the process. Mediation is often seen as a primary fixture, or stepping stone, in the family litigation process. Regardless of the>>>
The Poor Man’s Will: Risks of Joint Tenancy in Estate Planning
Joint accounts with children are a common recourse for aging parents seeking help with money management, but may give rise to disputes upon the demise of the parent if the will does not specify that the joint account is to be considered part of the estate. Joint accounts are often referred to as a “poor man’s will” because they allow an>>>
Cuba’s Legal Composite: A Blend of the Familiar and the Foreign
Ancient American cars and ubiquitous posters featuring Che Guevara—these were among many reminders of the foreign and the familiar MSBA members encountered on their visit to Cuba. The billboard reads, “We see you each day … pure as a child or as a pure man, Che Commander, friend” Viewed through the lens of another country’s>>>
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