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Trump Year One: A conversation with four Minnesota immigration lawyers

with DAN DONNELLY, DANIELLE HENDRICKSON, SAIKO McIVOR, and R. MARK FREY The Trump administration’s directives on immigration have been making headlines since the president’s first week in office. But there is more to the story than the fabled travel ban. In this article, four Minnesota immigration lawyers talk candidly about how the new regime has affected their practices and their […]

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#MeToo in the Law Firm: Lessons for lawyers from the post-Weinstein reckoning

Since last fall, when a spate of stories about the disgraced movie producer Harvey Weinstein spawned the #MeToo movement, countless women have come forward to tell their own, frequently long suppressed, stories of sexual harassment in the workplace. There is every reason to believe that the legal profession has more than its share of stories, some of which may […]

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Improving Law Firm Culture: The beginning of the discussion

Between them, the authors have worked for more than 75 years in male-dominated, hierarchical fields. (This is not a bad thing unto itself: Historically, most of the highest paying professions have been male-dominated and hierarchical.) As law firms, like other businesses, work to address the grievances of the #MeToo movement, the authors apply their hard-won […]

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Preparing the Witness to Win the Deposition Battle

As fewer cases are tried and more are settled, depositions take on greater importance. Depositions often provide a significant part of the data used to analyze the settlement value of a case. We look at whether the witness was convincing and whether she effectively spoke to the major issues of the case. Depositions also may […]

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No Longer Peas in a Pod: More implications of the divorce of Minnesota corporate and LLC law

Twenty-five years ago, when an MSBA task force drafted Minnesota’s first limited liability company (LLC) statute, the drafters copied chapter 302A, the corporate statute, to the maximum extent possible. Labels were changed—e.g., member instead of shareholder; board of governors instead of board of directors—and substance was modified to the extent necessary to comply with the […]

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Rethinking the Law Office: Trends in legal office space

Insights from commercial real estate professionals By Dan Wicker, Tom Dahl, Paul Donovan, and Jaclyn May Today the success of a law firm depends on much more than just helping clients and billing hours. The operational side of the industry can be tedious, with a number of moving pieces to consider when evaluating costs and […]

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Out, Damned Spot! The creation of the Client Security Board

A drama in three acts The Minnesota Client Security Board, born in the 1980s amid the crisis stemming from two lawyers’ high-profile theft of client funds, has been reimbursing the victims of financial crimes by attorneys for over 30 years. In this short history—the first in a series*—the author, the first CSB director and also […]

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The Gavel and the Gridiron: A short history of football law in Minnesota state and federal courts

From lawsuits over fan injuries all the way to NFL antitrust litigation, Minnesota courts have played an important role in a number of football-related disputes. As Minnesota prepares to host Super Bowl LII, this article offers a brief survey of some of the highlights. When Super Bowl XXVI was played in Minnesota 26 years ago, […]

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Finding Fiduciaries

Considerations in choosing and using trustees, directed trustees, and trust protectors Too often the selection of an estate fiduciary is limited to a superficial consideration of which family members are disqualified from acting as trustee. This article discusses considerations relevant to the appointment of trustees, trust advisors, and trust protectors. Counseling clients on the selection of trustees […]

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Could “Public Nuisance” Claims by Private Plaintiffs Foster an Alternate Tort Universe in Minnesota?

Tort law has customarily lived within certain ancient confines, such as the familiar duty, breach, proximate causation and injury elements of a negligence claim. But what if plaintiffs could opt for an alternate tort universe where the time-honored limits to negligence and intentional tort claims did not apply? The potential for such a regime may […]

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