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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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Coming together

At the beginning of the bar year, I talked about the “opportunity to succeed/permission to fail” mentality that I hoped the MSBA and its members would be willing to adopt. I raised various challenges to the profession and the legal system, the risk and benefit of change, and the possibility of innovation not yet envisioned […]

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MSBA policy action updates

Lawyer registration: The MSBA filed comments with the Court regarding proposed changes to the Lawyer Registration Rules. The MSBA requested that the rule be amended to permit the Court to publish disaggregated data on race and gender. Currently the Court publishes race data and gender data, but not data that combines both of these variables. […]

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MSBA Assembly will weigh petitioning changes to MPRC

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. The MSBA Assembly will consider these proposals at its December 8 meeting. Rule 1.6 addresses confidentiality of information, while Rule 5.5 pertains to the unauthorized practice of law. The amendments to Rule 5.5 […]

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Getting the most out of local counsel

If you have ever litigated a case in a jurisdiction where you are not admitted, you have probably been confronted with a local court rule requiring you to associate with local counsel. No doubt, you have also heard (or made) the oft-repeated joke that such rules are nothing more than “full employment acts” for the […]

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