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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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Your Personal Data – Or Is It? Doxxing and online information resellers pose threats to the legal community

Given the sensitive nature of the courtroom and of the emotions that may arise there, attorneys, judges, and others in the legal community are at particular risk of becoming victims of doxxing-related crime. Doxxing is a term used to describe the buying, selling, gathering, posting, or distributing of private information online. Importantly, doxxing is typically […]

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Why You May Need an LLC Update in 2017

Ready or not, Minnesota’s LLC law changes in January 2018 Many Minnesota LLCs have not yet updated their member control agreements and related documents to accommodate the new realities of a Chapter 322C world, but starting in 2018 that statute will govern all LLCs in the state. This article explores the impact of the change […]

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An Out of Court Article on Hearsay

The concept is tricky not because of what hearsay is, but because of what it isn’t What is remarkable about the rule on hearsay and its exceptions is not the breadth of what is prohibited as evidence, but what is allowable. Too often practitioners conceive the rule to exist as a kind of blanket prohibition […]

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Navigating Minnesota’s New Drug Laws

A guide for criminal law practitioners Minnesota substantially changed its criminal drug laws in 2016. The reforms, designed to better distinguish addicts from dealers, include new offenses and revised sentencing guidelines as well as new aggravating factors and mandatory minimums. For the first time in 27 years, the Minnesota Legislature made significant reforms to the criminal […]

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The Cohabitation Conundrum: What’s new in Minnesota’s new cohabitation law?

In August Minnesota enacted a new subdivision to Minn. Stat. §518.552 that permits the modification, reservation, suspension or termination of spousal maintenance obligations owing to a recipient’s cohabitation. This article examines the analytical standards that should be brought to bear in assessing potential legal action on the basis of the new law. Effective August 1, […]

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Reanimating Dead Law: Employer sorcery after the Minnesota Whistleblower Act amendments

In 2013, the Minnesota Legislature amended the Minnesota Whistleblower Act to expand the law’s protections for employees. But many courts seem unaware of the amendments’ existence or, when aware, wary of departing from years of precedent. In November 2016, a federal judge certified the question of the continuing validity of the expose-an-illegality rule to the […]

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A Fresh Look at the Problem of Unpublished Opinions

Why it’s time to reconsider Minnesota’s approach Members of the bar have long chafed at the designation of appellate opinions as “unpublished.” But the concept has many judicial defenders, including past and present judges on the Court of Appeals. In this article, a justice of the Minnesota Supreme Court and his former law clerk argue for […]

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