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Notes & Trends – September 2018

EMPLOYMENT & LABOR LAW JUDICIAL LAW • Janus decision; Minnesota impact.As Labor Day 2018 rolls around, the ruling by the U.S. Supreme Court at the end of its 2017-2018 term, in Janus v. American Federation of State, County, and Mun. Employees, Council 31,is continuing to create waves in Minnesota, one of about two dozen states with […]

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Lawyer well-being: We need to talk

This year your bar association is implementing a program we call One Profession. The purpose of the program is to bring lawyers from all across the state together to address the challenges facing the legal profession. One important issue we all need to address is lawyer wellness. One of the great things about our profession […]

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Matchmaking services for lawyers

Matching consumers with legal needs to lawyers who can meet those needs is certainly a worthy endeavor. Because there is no shortage of lawyers looking for work—and, according to numerous studies, a large number of people who cannot find qualified lawyers they can afford—entrepreneurs see this as a prime business opportunity. Text a Lawyer I […]

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Fair elections and cybersecurity

With the November congressional elections right around the corner, many observers are revisiting a primary theme of the 2016 presidential election—security, hacking, and Russian involvement. It is certainly a contentious topic, but no matter where you fall on the political spectrum, it remains the case that elections are just as vulnerable to cyberattacks as private […]

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The sticking point: Hypodermic needles and searches incident to arrest

Prescription opioid abuse is at an all-time high,1 and experts believe that as patients lose their legal access to medication, they are likely to turn to illegal injected drugs as an alternative.2 Consequently, law enforcement may soon become more alert to hypodermic needle use and possession. All lawyers who practice criminal law should be aware […]

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Unbundled Roster project kicks off

Last month over 50 attorneys attended a CLE training session for participants in the new Minnesota Unbundled Roster project. The roster, a joint effort of the MSBA and the Hennepin and Ramsey County bars, will offer attorneys an online platform to connect with clients interested in obtaining limited-scope (aka “unbundled”) legal services. This unique pilot […]

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RPC Committee eyes succession planning

This bar year’s agenda for the Rules of Professional Conduct Committee includes reviewing the question of succession planning rules and the possibility of proposing one for Minnesota. Some states, such as Iowa, have made it part of the lawyer registration process to require attorneys to designate a successor to fill in as client contact for […]

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Coming this month: Annual legislative preview

The next Minnesota legislative session, beginning in January 2019, will feature a new governor as well as a possible change in leadership in the House. As in every budget year at the Capitol, the MSBA’s first lobbying priority will be to secure adequate funding for the justice system, including the courts, public defenders, and civil […]

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ABA House of Delegates passes immigration resolution sponsored by MSBA

ABA Resolution 10C urges immigration reform addressing children separated from their parents at the United States border The House of Delegates of the American Bar Association (ABA) today adopted Resolution 10C (text) calling on Congress and the executive branch to immediately cease separating children and their parents at the border.  The resolution, which was initiated […]

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Notes & Trends – August 2018

Commercial and Consumer Law JUDICIAL LAW • Alternative dispute resolution. Arbitration agreements in both consumer and commercial contracts are common and provide in many circumstances both a cheaper and a more rewarding and efficient method of dispute resolution than does litigation. Not surprisingly, trial lawyers may prefer litigation, and some individuals may later seek to evade the […]

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