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

Three Decades of DATWA

Minnesota’s Drug and Alcohol Testing in the Workplace Act continues to confound Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA) turned 30 on September 1, 2017. Ten years ago, on the law’s 20th anniversary, one of us wrote for this publication, “For 20 years Minnesota has had one of the most complicated and employee-friendly […]

Read More

Legal Tech Now: Q&A

Four questions about the present and future of legal technology with four presenters from this year’s MSBA Tech Month. What is your current role and how did you end up there? Ed Walters (Fastcase): I’m the CEO of Fastcase—my co-founder Phil and I did a coin flip, and I got CEO, and he got president and […]

Read More

Legal Tech: The Future Starts in Law School

Some basic principles of legal technology education in the 21st century Technology is transforming how consumers interact with the legal profession. And the responsibility for training lawyers to meet a more tech-centric future begins with law schools. This article discusses five principles devised to guide legal educators in meeting the challenge.  Warning as to what’s ahead: This is an article […]

Read More

Preparing for a Hack of Your Law Firm

It can happen to you— and you will need a plan Every lawyer has an ethical duty to keep client information confidential—even though that duty increasingly involves mastering technological security matters that many lawyers and firms find challenging. Since there is no way to assure that your law firm can never become the victim of cyber […]

Read More

Electronic Notarization in a Digital World

Should Minnesota follow other states on webcam notarization? Like powdered wigs and law libraries filled with hardcover Westlaw treatises, the requirement of a notarized signature faces a slow demise in Minnesota courts. In 2014, Minnesota eliminated the need for most court documents to be notarized, provided the person signing the document declares immediately above the […]

Read More

Are Title Company Kickbacks Harming Your Clients?

Cozy relationships between title companies and brokers create problems for consumers Recent enforcement actions by the Minnesota Department of Commerce have underscored both the prevalence of real estate title insurance kickbacks and the inadequacy of the available enforcement mechanisms. In this article, the author explores the problem and suggests that litigation over breach of fiduciary duty could […]

Read More

Litigating Sports Concussions: What you need to know about the science and the law

Advances in medicine, combined with a flurry of headlines about professional sports litigation, have raised awareness of the problem of concussions. But although rapid advancements in medicine and the evolution of the law are making these claims easier to pursue, litigating such claims remains difficult. Attorneys asserting claims on behalf of concussed athletes need to […]

Read More

Happy Birthday, Whistleblowers

As Minnesota law turns 30, here’s what you need to know This year marks the 30th anniversary of whistleblower law as a fixture of the Minnesota legal landscape. It’s an apt time to consider 30 aspects of the law that litigants and their lawyers face in dealing with whistleblowing matters. It’s been 30 years since […]

Read More

Ethical Considerations in Working with Aging Clients

Issues can surface with new and longtime clients alike In the March 2017 issue of Bench & Bar, readers learned from Courtney Sebo’s article “Try to Remember: Estate Planning for Clients with Dementia” about how a client’s diminished capacity can confound estate planning. In addition to complicating the underlying legal services, a client’s diminished capacity […]

Read More

Why Employees with Noncompetes Need Quicker Access to Courts

An employment law inequity that needs fixing Minnesota case law on noncompetes is very well developed, with a history going back at least 50 years. Our district court judges today do an outstanding job of balancing the harm to the employee with the need to protect the employer’s legitimate business interests. Almost all practitioners in […]

Read More
Page 1 of 3812345»102030...Last »

Articles by Issue

Articles by Subject