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

Finding Fiduciaries

Considerations in choosing and using trustees, directed trustees, and trust protectors Too often the selection of an estate fiduciary is limited to a superficial consideration of which family members are disqualified from acting as trustee. This article discusses considerations relevant to the appointment of trustees, trust advisors, and trust protectors. Counseling clients on the selection of trustees […]

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Could “Public Nuisance” Claims by Private Plaintiffs Foster an Alternate Tort Universe in Minnesota?

Tort law has customarily lived within certain ancient confines, such as the familiar duty, breach, proximate causation and injury elements of a negligence claim. But what if plaintiffs could opt for an alternate tort universe where the time-honored limits to negligence and intentional tort claims did not apply? The potential for such a regime may […]

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The Rise and Fall of the Ponzi Scheme Presumption 

Minnesota case law has undermined its application to state fraudulent transfer claims For many years, the evidentiary shortcuts associated with the so-called “Ponzi scheme presumption” reduced the pleading burden on a trustee with respect to claims seeking to claw back proceeds of fraudulent conveyances. But more recent Minnesota case law has effectively ended that presumption. Going forward, it would seem […]

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Buyers’ Guide 2018

A warm thanks to these loyal vendors who participated in the January issue of Bench & Bar of Minnesota which included our annual Buyers’ Guide. Please consider these companies / organizations when searching for a product or service. (You may click here to learn more about advertising.) CATEGORICAL LISTINGS OF ADVERTISERS 1031 Reverse Exchanges CPEC1031 […]

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Freeze-Out Mergers and the New Minnesota LLC Act 

Has the Legislature removed a useful dispute resolution tool for LLCs? The Minnesota Revised Uniform Limited Liability Act that will govern all Minnesota LLCs beginning at the start of 2018 contains sweeping changes, and one of the most dramatic involves the elimination of “freeze-out” mergers. This article discusses options for preserving remedies similar to those afforded by […]

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62Q and you! An esoteric procedural no-fault love story

A recent court decision represents a win for everyone involved in the no-fault insurance system except medical providers who fail to follow their statutory procedural obligations. For the first time, there is Minnesota appellate case law that confirms Minnesota Section 62Q.75, subd. 3 means exactly what it says: If a provider fails to follow the […]

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Pet Heir: Understanding Minnesota’s pet trust statute

I recently took an unscientific poll of a group of lawyers and learned the following: Roughly 50 percent read the labels on their pet’s food (but not necessarily on their own); 45 percent share a bed with their pet; a sheepish 20 percent admitted to identifying as mommy or daddy to their animals; an even more […]

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Everything That Rises Must Converge: Integrating spirituality, law, and politics

The Project for Integrating Spirituality, Law, and Politics (PISLAP)—a 20-year-old informal coalition of reform-minded lawyers and law teachers—is at the forefront of what is being called the “integrative law” movement. The group met in Minneapolis this year to plan a major national conference, which will be held in Washington D.C. in October 2018. Spirituality. Law. Politics. […]

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Goodbye to All That: Thoughts on turning 67 and knowing when to quit

The time comes when we should hang it up. Some of us recognize it and go gracefully. Some don’t. I tried two cases with 80-year-old attorneys. In the first, we were local counsel in an employment case between our client, an officer of a student-testing company, and her boss. The issue was whether she quit or was fired. The answer […]

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How Law Firms Can Prepare for Partner Retirement

Facing the realities of an aging partner population It’s no secret that the legal profession is aging. In fact, nearly half of the partners in the nation’s top law firms are baby boomers or members of the older “silent generation,”1 and the same is true in the Twin Cities. Major, Lindsey & Africa’s 2016 Partner […]

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