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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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Is your firm complying with the Minnesota Professional Firms Act?

Did you know that a legal entity cannot engage in the practice of law in Minnesota unless it is organized under the Minnesota Professional Firms Act (MPFA)?1 Did you know that no firm can provide legal services in Minnesota unless that firm has invoked the requirement of the act and filed certain documents with the […]

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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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How digital evidence supported gerrymandering claims

Earlier this month, I had the once-in-a-lifetime opportunity to travel to the United States Supreme Court to witness the headline-making gerrymandering oral arguments out of Wisconsin. Some people are calling this case the most important of the year, with enormous potential consequences for political redistricting and any number of similar cases in which gerrymandering claims […]

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Do you provide ADR services?

If so, take a look at the proposed changes to Rule 114 of the General Rules of Practice posted at mncourts.gov recently. (You can use this custom shortcut: http://bit.ly/2y6DJL0.) The ADR Section of the MSBA is reviewing the proposed amendments to determine whether to weigh in. November 28 is the deadline for written comments and […]

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SCOTUS: A preview with Justice Stras

Set aside your lunch hour on November 28 to attend the Appellate Practice Section’s Fall Quarterly Review: U.S. Supreme Court Term Review. In this special CLE at the Minnesota Judicial Center, Minnesota Supreme Court Justice David R. Stras and United States Supreme Court clerk Aaron Van Oort will preview SCOTUS’s 2017 Term, whose docket includes […]

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MN Rules of Civil Procedure update

Over a year ago, the MSBA filed a petition with the Court requesting amendments to the MN Rules of Civil Procedure that would a) bring a number of the rules into conformity with the Federal Rules of Civil Procedure, and 2) require the Court to allocate 50 percent of unclaimed cy pres funds in state […]

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