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Legal Tech: The Future Starts in Law School

Some basic principles of legal technology education in the 21st century Technology is transforming how consumers interact with the legal profession. And the responsibility for training lawyers to meet a more tech-centric future begins with law schools. This article discusses five principles devised to guide legal educators in meeting the challenge.  Warning as to what’s ahead: This is an article […]

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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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Electronic Notarization in a Digital World

Should Minnesota follow other states on webcam notarization? Like powdered wigs and law libraries filled with hardcover Westlaw treatises, the requirement of a notarized signature faces a slow demise in Minnesota courts. In 2014, Minnesota eliminated the need for most court documents to be notarized, provided the person signing the document declares immediately above the […]

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Are Title Company Kickbacks Harming Your Clients?

Cozy relationships between title companies and brokers create problems for consumers Recent enforcement actions by the Minnesota Department of Commerce have underscored both the prevalence of real estate title insurance kickbacks and the inadequacy of the available enforcement mechanisms. In this article, the author explores the problem and suggests that litigation over breach of fiduciary duty could […]

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Litigating Sports Concussions: What you need to know about the science and the law

Advances in medicine, combined with a flurry of headlines about professional sports litigation, have raised awareness of the problem of concussions. But although rapid advancements in medicine and the evolution of the law are making these claims easier to pursue, litigating such claims remains difficult. Attorneys asserting claims on behalf of concussed athletes need to […]

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Happy Birthday, Whistleblowers

As Minnesota law turns 30, here’s what you need to know This year marks the 30th anniversary of whistleblower law as a fixture of the Minnesota legal landscape. It’s an apt time to consider 30 aspects of the law that litigants and their lawyers face in dealing with whistleblowing matters. It’s been 30 years since […]

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Ethical Considerations in Working with Aging Clients

Issues can surface with new and longtime clients alike In the March 2017 issue of Bench & Bar, readers learned from Courtney Sebo’s article “Try to Remember: Estate Planning for Clients with Dementia” about how a client’s diminished capacity can confound estate planning. In addition to complicating the underlying legal services, a client’s diminished capacity […]

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Why Employees with Noncompetes Need Quicker Access to Courts

An employment law inequity that needs fixing Minnesota case law on noncompetes is very well developed, with a history going back at least 50 years. Our district court judges today do an outstanding job of balancing the harm to the employee with the need to protect the employer’s legitimate business interests. Almost all practitioners in […]

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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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