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2018 Legislative Session Review

In a session short on accomplishments, the MSBA agenda fared well at the Capitol The 2018 Minnesota legislative session concluded—depending on your view—in disagreement, dysfunction, or both. The roots of the breakdown between DFL Gov. Mark Dayton and the GOP-controlled House and Senate began to grow during the 2017 session, which ended with Dayton using […]

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Supreme Court Limits Securities Safe Harbor in Bankruptcy Clawbacks

The United States Supreme Court, in Merit Management Group, LP v. FTI Consulting, Inc., has resolved a circuit split over the scope of the Bankruptcy Code’s securities safe-harbor provision, concluding that a transfer can be undone in bankruptcy even if the financial institution served as a mere conduit. Section 546(e) of the Bankruptcy Code shelters […]

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Judicial Elections and Free Speech in 2018

Recent federal decisions show that reconciling the free speech rights of judicial candidates with judicial integrity is difficult yet essential. At the same time, since judicial campaign rules are narrowly drawn, they leave plenty of opportunity for very negative, well-funded judicial campaigns. This article traces the arc of relevant case law from the White case to the present day. Judical candidates have now […]

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The Road Taken

From muddy trails to interstate highways, a history of Minnesota’s roads and the role courts and governments played in it It wasn’t always this way. The idea of getting in a car and driving on a paved road from Worthington to Grand Portage, or from Winona to Hallock, is a mid-20th century phenomenon. Minnesota started […]

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Bitcoin: ready or not…

Bitcoin for legal services remains a conundrum, but it’s one that firms need to reckon with Can a law firm accept bitcoin for legal services? What was once a purely theoretical scenario has become increasingly feasible. Rather than waiting idly for clarity, lawyers should begin positioning themselves now for the coming age of cryptocurrencies. On October […]

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Wide Variety of New Civil Rules Take Effect in July

What you need to know about the new amendments to the Minnesota Rules of Civil Procedure On March 13, 2018, the Minnesota Supreme Court promulgated amendments to the Minnesota Rules of Civil Procedure.1 The amendments take effect on July 1, 2018, and are broad in reach, if not necessarily earth-shaking. They change more than 15 rules […]

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Preparing for a Hack of Your Law Firm

It can happen to you— and you will need a plan Every lawyer has an ethical duty to keep client information confidential—even though that duty increasingly involves mastering technological security matters that many lawyers and firms find challenging. Since there is no way to assure that your law firm can never become the victim of cyber […]

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2017 Legislative Session Review

11th-hour budget gains for legal system highlight MSBA’s year at the Capitol The 2017 Minnesota legislative session was, to borrow a phrase from Yogi Berra, like déjà vu all over again. Gov. Mark Dayton, a DFLer, entered office in 2011 and spent his first year clashing over the state budget with a GOP-controlled House and […]

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Effective drafting for employment settlement agreements

Work to eliminate miscommunication up front, and don’t make the agreement more complex or convoluted than necessary What does an employee’s lawyer have in common with an employer’s lawyer? A mutual interest in a concise, effective settlement agreement that will not invite new disputes. In a litigation era where only a small percentage of civil cases proceed to trial […]

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Grave Matters: The law and practice of disinterment, reinterment, and exhumation in Minnesota

“The cemetery is an open space among the ruins, covered with violets and daisies. It might make one in love with death, to think that one should be buried in so sweet a place.” – Percy Bysshe Shelley, Adonais There are a number of reasons that the dead sometimes have to be disinterred and reinterred—or exhumed—and both […]

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