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Welcome to the New Age: The Music Modernization Act

The federal Music Modernization Act signed into law in late 2018 is the first major update to music copyright law in decades. It heralds a new era in which rights management and royalty collections will be streamlined, and creators will be better compensated for their music. Introduced in the U.S. House of Representatives in December […]

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Common sense, the Golden Rule, and new attorneys

Being new at anything—let alone something as demanding as being an attorney—can be disconcerting. Though the long years of law school and running the gauntlet of bar prep undoubtedly help to mold individuals from student to professional, there are some lessons that can only be learned outside the classroom, and some of them are so […]

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The advantages of hiring an older law school graduate

Are you looking to hire a new lawyer who will be conscientious, innovative, motivated, and productive? Minnesota law schools have 68 J.D. students whom you might not have considered, but they fit that description. These 68 students are age 50 or over, and industrial/organizational psychology1 studies have shown that older employees are more likely to […]

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Five tips from a former clerk: Navigating your next appeal

Babe Ruth once said, “Yesterday’s home runs don’t win today’s games.” The same is true in litigation. Whether you hit a home run in district court, or lost hard, every litigator will repeatedly face the question of whether and how to appeal that shutout, or how to defend that big win. For many of you, […]

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Administration’s ‘Culture of No’ undermines immigrant workers, employers

In the past two years, the Trump administration has issued a series of policy memoranda that are quietly changing the landscape of employment-based immigration, and not for the better. Seemingly every time employers adjust their practices and create new strategies, the U.S. Department of Homeland Security (DHS) publishes another news release describing another obstacle in […]

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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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The power of the privilege log

Litigators often overlook the importance privilege logs can play in discovery. Privilege logs are addressed, if at all, during the Rule 26 discovery conference. Discussions typically result in an agreement that a privilege log will be produced for all documents withheld, but rarely do attorneys delve into what information a privilege log should contain. Addressing […]

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Anatomy of a subrogation investigation

A successful subrogation action begins long before a complaint is even filed. A well-executed subrogation investigation will increase your chances of success and may even allow your client to recover without resorting to litigation. Before getting into the anatomy of a subrogation investigation, let’s begin with a definition of subrogation. Subrogation is defined as “[t]he substitution […]

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Beyond the travel ban: Headaches for employers

Employment-based immigration under the Trump administration Tune into any news outlet today and no doubt you will hear something about the Trump administration’s crackdown on illegal immigration. You’ll most likely hear about building a wall across the U.S.-Mexico border or proposals on how to address the fate of the so-called “Dreamers,” 800,000 individuals brought to […]

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Messing with Texas: How TC Heartland changed patent venue

In May 2017, the Supreme Court issued a decision in TC Heartland v. Kraft Food Brands overturning years of precedent on proper venue for patent cases. For over two decades, patent holders could sue alleged infringers in essentially any federal court nationwide. This led to a disproportionate number of patent infringement cases being filed in […]

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