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Notes & Trends – March 2018

CRIMINAL LAW JUDICIAL LAW • Expungement: Two- and four-year conviction-free period must occur between discharge of sentence and filing of petition. Appellant was convicted in 2000 of misdemeanor and gross misdemeanor harassment restraining order violations. In 2002, he was convicted of third-degree DWI. He filed petitions to expunge the HRO convictions in 2015. At issue […]

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Meet Amanda Heinrichs-Milburn: ‘I saw a need for an outstate voice’

You currently serve on the MSBA Outstate Section council. Tell us about your involvement on the council and any projects or initiatives you’re working on. I saw that there was a need for an outstate voice at St. Thomas, so I founded a student group, the Outstate Practice Cooperative, during my first year at St. […]

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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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Stephen Allwine: When crime tries to cover its digital tracks

In late 2016, I was approached by the Washington County (MN) Attorney’s Office to conduct forensic analysis on a number of devices in a homicide investigation. It soon became clear that the case would be one of the most interesting of my career, involving murder-for-hire, religious convictions, insurance money, infidelity, and a distinctly modern element—the […]

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Private discipline in 2017

In 2017, 90 files were closed by the Office of Lawyers Professional Responsibility (OLPR) with the issuance of an admonition, a form of private discipline issued for professional misconduct that is isolated and non-serious.1 This number is down markedly from the 115 admonitions issued in 2016 and, coincidentally, 2015. Additionally, 14 files were closed with […]

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Legal malpractice: MSBA amicus brief

Does reaffirming prior negligent advice restart the statute of limitations clock? The Minnesota Supreme Court recently addressed this question in Frederick v. Wallerich, a case involving a negligently drafted antenuptial agreement. The attorney who drafted the antenuptial agreement continued to advise and represent her client in other matters, including drafting the client’s will. The client […]

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#MeToo as a moment of opportunity

“You look very nice today… Can I still say that?” A male attorney recently said this to me—half-jokingly, but only half. Without a doubt, the sexual harassment reckoning that we have all been witnessing over the past several months has raised a lot of questions. Not so much about the egregious harassing conduct itself, but why […]

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Notes & Trends – February 2018

Commercial and Consumer Law JUDICIAL LAW • Care pays. Article 9 of the Uniform Commercial Code is a complex statute where slight mistakes can unfortunately turn a secured creditor into an unsecured one, and perhaps one without any prospect of recovery at all. To illustrate, consider Cornelius v. Bank of Nova Scotia, 93 U.C.C. Rep. Serv. […]

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Meet Liz Kramer: ‘I really love to win’

Why did you decide to go to law school? Originally I dreamed of a career in politics. When I was working at a think tank in Washington, D.C. after college, one of my mentors convinced me that law school would open up lots of potential paths for me (beyond just politics). He was right. I […]

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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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