Bench & Bar of Minnesota

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The official publication of the Minnesota State Bar Association

March 2021


Democracy goes to court: Litigating voting rights and election administration in Minnesota in 2020
By George W. Soule & Anna Veit-Carter
Mar 01, 2021
Minnesota political parties, voter organizations, voters, and election officials fought in court over many aspects of voting and elections. The lawsuits continued after the election, contesting the results of several Minnesota races. This article will review the key Minnesota legal battles over voting and elections in 2020.
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  • CATEGORY
  • Litigation
  • Features
What would a discipline office do? Examining the high-profile complaints against election attorneys from a lawyer regulatory perspective
WILLIAM J. WERNZ
Mar 01, 2021
It’s no surprise that a presidential election as bitterly fought as last November’s should also yield a lot of litigation—and a striking volume of complaints from lawyers regarding the conduct of other lawyers. Although many lawyers were involved in the electoral challenges, the spotlight here is on complaints regarding four prominent lawyers.
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  • CATEGORY
  • Professional Responsibility
  • Litigation
  • Features
It only sounds like common sense: Why repealing the seat belt evidence rules serves no public purpose
Genevieve M. Zimmerman, Patrick Stoneking, & Joel D. Carlson
Mar 01, 2021
Eliminating Minnesota’s long-standing seat belt evidence rule, as recently promoted in one Bench & Bar article, would result in the largest windfall to negligent drivers and their insurance companies that lawmakers could ever give them.
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  • CATEGORY
  • Personal Injury
  • Features
TODD: A game-changer from the 8th Circuit
Sam Calvert
Mar 01, 2021
In early February the 8th Circuit Court of Appeals issued an opinion that should horrify anyone who has prepared a transfer-on-death deed (TODD) for a client.
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  • CATEGORY
  • Features
  • Estate Planning
Defending the rule of law
Dyan Ebert
Mar 01, 2021
The events of the last year have taught me that the most important leadership role that a lawyer has in our society does not bring with it a formal title or appointment. The most important professional obligation we have is to defend the rule of law.
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  • CATEGORY
  • President's Page
Private discipline in 2020
Susan Humiston
Mar 01, 2021
In 2020 the Director’s Office closed 82 complaints with admonitions—a form of private discipline issued for violations of the Minnesota Rules of Professional Conduct that are isolated and nonserious. Another 20 complaints were closed with private probation, a stipulated form of private discipline approved by the Lawyers Board chair.
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  • CATEGORY
  • Professional Responsibility
Ransomware and federal sanctions
MARK LANTERMAN
Mar 01, 2021
Given the increased reliance on remote work capabilities in 2020, ransomware attacks abounded. This added threat led the U.S. Department of the Treasury’s Office of Foreign Assets Control to issue an advisory in October detailing the additional compliance risks associated with paying ransoms.
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  • CATEGORY
  • Technology
Colleague Corner: Meet Anu Chudasama ‘I like to get involved’
Mar 01, 2021
As far back as I can recall, I’ve been someone who signs up for different clubs and organizations and volunteers. I like to get involved and help others. The legal community provides ample opportunity for this, given all the committees and bar associations it takes to regulate, facilitate, and improve the profession for lawyers and those we serve.
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  • CATEGORY
  • Colleague Corner
New Lawyers: Covid-19 and force majeure What every attorney ought to know
Rachel D. Zaiger
Mar 01, 2021
Covid-19 has been dubbed a whole host of things: a global pandemic, a national health emergency, the novel coronavirus, unprecedented, Rona, the list goes on. Another phrase that has frequently been thrown into the mix? Force majeure.
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  • CATEGORY
  • COVID-19
  • New Lawyers
Construction law: Covid-19 forces contractors to examine AIA agreements
Taylor Stemler
Mar 01, 2021
This essay was the first-place winner in the MSBA Construction Law Section’s 2020 writing competition.
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  • CATEGORY
  • Construction Law
  • Features
 

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