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Notes & Trends – November 2017

COMMERCIAL AND CONSUMER LAW ADMINISTRATIVE ACTION • Regulation CC changes; DFPB on overdrafts. Despite the recent proliferation in alternative payment platforms (from Venmo to prepaid cards to Bitcoin), checks and checking accounts remain central to transactions in the American economy. According to the 2016 Federal Reserve Payments Study, as of 2015, checks and debit card transactions […]

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Notes & Trends – October 2017

BANKRUPTCY JUDICIAL LAW • Stay preferred to dismissal in abstention cases. This appeal arises out of the collapse of Thomas Petters’s massive Ponzi scheme and subsequent bankruptcy cases. PCI filed bankruptcy in 2008 after the collapse of the scheme. Ritchie was a major investor. Petters Company, Inc. (PCI) had a banking relationship with M&I Bank […]

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Notes & Trends – September 2017

Landmarks in the Law Current developments in judicial law, legislation, and administrative action together with a foretaste of emergent trends in law and the legal profession for the complete Minnesota lawyer. CRIMINAL LAW JUDICIAL LAW • Confrontation clause: Medical report coincidental to criminal investigation not testimonial statement. During appellant’s trial for domestic and third-degree assault, […]

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Notes & Trends – August 2017

Landmarks in the Law Current developments in judicial law, legislation, and administrative action together with a foretaste of emergent trends in law and the legal profession for the complete Minnesota lawyer. BANKRUPTCY JUDICIAL LAW • Debtor cannot exempt annuity payments simply because it was purchased as a result of spouse’s death. Debtor sought to exempt […]

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Notes & Trends – July 2017

ADMINISTRATIVE LAW JUDICIAL LAW • State agency’s imposition of more stringent standards than required by federal program is arbitrary and capricious. The Minnesota Court of Appeals held that the Minnesota Department of Education (MDE) acted arbitrarily and capriciously when it subjected a nonprofit to more stringent financial viability requirements than required by the federal nutritional […]

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Notes & Trends – May/June 2017

COMMERCIAL AND CONSUMER LAW JUDICIAL LAW • Characterization is important. Uniform Commercial Code (UCC) Article 9 has long recognized that it is difficult in many instances to determine whether a transaction is legally a sale, or legally a secured transaction. Rather it punts and leaves the issue to the courts, but, as appropriate, it also largely […]

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Save the date: MSBA Tech Conference

Join the MSBA in Minneapolis on Monday, October 9, for this year’s Technology Conference to learn how new trends in technology are disrupting and reshaping the legal profession. This year’s conference will feature several prominent national speakers, including: Claude Ducloux, Director of LawPay Education; Kristen Sonday, COO and co-founder of Paladin; Ed Walters, CEO of […]

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Notes & Trends – April 2017

Commercial and Consumer Law JUDICIAL LAW • Precision is required. Uniform Commercial Code (UCC) §9-406, as a general rule, protects the account debtor on an account, chattel paper or a payment intangible (see UCC §3-602 for the negotiable instrument rule) by allowing the discharge of the payment obligation by paying the assignor in the event of an […]

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Notes & Trends – March 2017

BANKRUPTCY JUDICIAL LAW • Debtor qualification for a repayment program payment of $0.00 does not constitute an ability to pay as a matter of law. Debtor sought to discharge student loan debt which totaled in excess of $27,000 as an “undue hardship” under 11 U.S.C. §523(a)(8). The U.S. Department of Education appealed the decision of the […]

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Notes & Trends – February 2017

COMMERCIAL AND CONSUMER LAW JUDICIAL LAW • An additional focus? The Equal Credit Opportunity Act (ECOA), 15 U.S.C. §1691 et seq., implemented by Regulation B, 12 CFR Part 1002, was enacted to promote the availability of credit to all creditworthy applicants without regard to race, color, religion, national origin, sex, marital status, age (if the applicant […]

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