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Hearsay

Summer 2014, Volume XVI, No. 4

Note from the Editors

By Joe Bourne and Jeff Mulder

Welcome to the Summer 2014 edition of Hearsay, a quarterly newsletter dedicated to publishing the work of Minnesota’s new lawyers.  This is the final issue of the 2013-2014 bar year, and we are pleased to be able to bring you articles on the MSBA Human Rights Committee’s initiatives this past bar year, the presumption for modification of a maintenance order in family law matters, and the role of special litigation committees in shareholder derivative litigation.  If you are interested in submitting to a future edition of Hearsay, please contact Joe Bourne or Jeff Mulder.


Special Litigation Committee – Best Friend or Worst Enemy?

By Brandon Schwartz

A truly independent “Special Litigation Committee” or “SLC” wields enormous power in the context of derivative claims.  The SLC will either validate a derivative claim and recommend that it be pursued or settled, or, alternatively, will recommend that it be dismissed.  Since the company or corporation must adhere to the SLC’s determinations, and due to the deference provided to an SLC’s determinations by Minnesota courts, the SLC will either be your best friend or worst enemy depending on which side of the determination you support.  As a result, you must be properly prepared if an SLC is appointed in a matter you are handling. Read more...


2014 MSBA Human Rights Committee Recap

By Tara Kalar  

The MSBA Human Rights Committee (HRC) had a stellar 2014 bar year addressing a myriad of human rights issues relevant to Minnesota through Resolutions and Initiatives. A select few of these Resolutions or Initiatives made their way to the Minnesota State legislature with the support of the HRC and MSBA.  From supporting conflict-free purchasing practices to immigration reform to revising classifications of protected classes in Court Rules, there was quite a broad range of local human rights changes affected by the MSBA HRC.  The following is a brief overview of these important developments. Read more...


The Forgotten Presumption in Family Law

By Brandon Schwartz

Minnesota family law has a number of presumptions: rebuttable presumptions, conclusive presumptions, irrebuttable presumptions, custody presumptions, custody modification presumptions, property presumptions, child support presumptions, etc.  Due to their number and complexity, Minnesota family law attorneys must be well-versed in the various family law presumptions and how to properly apply them to unique sets of facts to effectively advocate for their respective clients. Read more...

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