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

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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. […]

Read More

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 […]

Read More

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 […]

Read More

Succession Planning for Small Law Firm Owners: The Associate Buyout

Looking ahead to retirement? Sometimes the answer is already close at hand Small firm owners planning ahead for retirement would do well to consider whether any of the firm’s current associates could fit into their succession planning. This article dispels some common concerns about that approach and suggests a three-stage process for exploring and executing an […]

Read More

Inspired to Serve: In-house pro bono is on the rise

More in-house legal teams are donating their time and skills to benefit Minnesota communities. In this article, the chair of the Minnesota Pro Bono Council discusses that trend, along with recent developments. On a cold December day several years ago, I met a young veteran who not only reshaped my views about what it means to […]

Read More
Page 5 of 44« First...«34567»102030...Last »

Articles by Issue

Articles by Subject