Archives
Sorted by: Current Issue

So you are going to trial

How to prepare for the case that doesn’t settle Once upon a time, it could reasonably be argued that trial preparation began when a case was filed, if not before. Today, however, with 90 percent of civil cases settling before trial, case preparation is often focused on achieving a positive settlement. At some point in […]

Read More

Guest or Tenant?

The relationship between temporary lodging establishments and the landlord/tenant statutes, and why it matters. Among property rights, the right to exclude is considered the most significant. Where a landlord/tenant relationship exists, the landlord’s right to exclude is predicated on the landlord’s obtaining a court order granting eviction against the tenant. Irrespective of the basis for […]

Read More

Sex Harassment Settlements: A new scarlet letter for employers?

How the movement to abolish NDAs and confidential settlements could produce unintended consequences. Prelude to a stigma Nathaniel Hawthorne’s ageless novel The Scarlet Letter has surprising relevance to the current #MeToo/TimesUp movement. Hawthorne paints the story of Hester Prynne, a beautiful young woman presumed to be guilty of having a child while engaged in an […]

Read More

MSBA President 2018-19: Paul Godfrey

A Coaching Style of Leadership By all accounts, Paul Godfrey, the 2018-19 Minnesota State Bar Association president, is a conscientious straight-shooter who likes to get things done. He’s also a long-time coach who brings a team mentality to his playbook.   If you have occasion to phone Paul Godfrey while he’s serving as MSBA president this […]

Read More

Stairway to Hell: How the Supreme Court is upsetting the equilibrium in Minnesota’s workers’ comp system

Minnesota’s workers’ compensation system has been around for over 100 years. The essence of the “grand bargain” that underpins our system is found in the introductory provision to our workers’ compensation act: The workers’ compensation system in Minnesota is based on a mutual renunciation of common law rights and defenses by employers and employees alike. […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More
Page 2 of 6«12345»...Last »

Articles by Issue

Articles by Subject