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RPC Committee proposes petitioning changes to MRPC

The MSBA Rules of Professional Conduct Committee is proposing that the MSBA petition the court for amendments to MRPC 1.6 and MRPC 5.5. These changes are expected to come before the MSBA Assembly in April, after the Lawyers Professional Responsibility Board has had a chance to review the proposed amendments to MRPC 1.6 at its January […]

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Lobbying priorities for 2018

The MSBA’s lobbying priorities for the 2018 Minnesota Legislative session will be to address the constitutional infirmity in the sentencing of juveniles for heinous crimes and to revise the statute of limitations for injury to property occurring prior to the date of substantial completion of an improvement to real property. A third priority will depend […]

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Harassment and attorney ethics

Time’s 2017 Person of the Year was the “Silence Breakers,” women who courageously went public with allegations of sexual misconduct against powerful men. These individuals, and the #MeToo movement they spawned, were honored because they, and the media covering their stories, set in motion a high-velocity cultural shift by effectively “pushing us all to stop […]

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Issue-spotting construction defect litigation: Basic and frequently litigated CD concepts

Construction defect claims generate substantial civil litigation, and no wonder. A single project often requires the coordination of dozens of parties of varying skills, expertise, and sophistication—owners, contractors, subcontractors, design professionals, suppliers, insurers, and lenders—pursuant to multiple, often technical and lengthy contracts and subcontracts, each subject to changes during performance over a protracted time period, […]

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#UberFail

The recent headlines about Uber’s 2016 data breach describe yet another cyber event that left millions compromised and rightfully angry. But yet again, people by and large are not angry that the breach happened, or even necessarily about the large size of the breach, which involved approximately 57 million Uber riders and drivers. Mostly, people […]

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Notes & Trends – January 2018

ADMINISTRATIVE LAW JUDICIAL LAW • Minnesota Supreme Court upholds DHS disqualification “set aside” decision despite contrary ALJ recommendation. A divided Minnesota Supreme Court upheld a decision by DHS to maintain a daycare provider’s disqualification for financial misconduct, despite an ALJ’s recommendation that the disqualification be set aside because the provider did not pose a danger to […]

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Notes & Trends – December 2017

CRIMINAL LAW JUDICIAL LAW • Sentencing: Zone of privacy aggravating factor applies to individual who commits murder after being invited into another’s home. Appellant was charged with, among other offenses, second-degree intentional murder, for shooting the victim in the forehead in the victim’s home, after the victim, who was armed with a firearm, made a sudden […]

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Ransomware: To pay or not to pay?

“No matter what you do, you might become a victim. Yet there are very manageable and reasonable ways to prepare yourself for the possibility that it will happen to you or your organization.” I got a great question from a concerned audience member at a recent speaking event: “If I am a victim of ransomware, should I pay […]

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23, My Employer & Me: On genetic testing, privacy, and employment

I’ve always been curious about my ancestry. That curiosity recently led me to contact the genetic testing provider 23andMe®, who provided me with the following option: For $100 more I could have my DNA tested for genetic health risks including late-onset Alzheimer’s and Parkinson’s Disease. This testing also determines whether or not I am a […]

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Lawyer well-being and lawyer regulation

To be a good lawyer, one has to be a healthy lawyer,” wrote the co-chairs of a national panel on lawyer well-being earlier this year in introducing their report, “The Path to Lawyer Well-Being: Practical Recommendations for Positive Change.”1 Your thoughts? At first glance, I think most people would say they agree—this is obvious, right? […]

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