Bench & Bar of Minnesota

The official publication of the Minnesota State Bar Association

Governor Walz appoints Dean Eyler, Kristen Marttila, and Dominick Mathews to fill 4th Judicial District vacancies

(?)

(?)

Nov 28, 2023

Governor Tim Walz and Lieutenant Governor Peggy Flanagan announced the appointment of Dean Eyler, Kristen Marttila, and Dominick Mathews as District Court Judges in Minnesota’s Fourth Judicial District.

Full story

MSBA in Action

Commission on Judicial Selection recommends 4th Judicial District candidates to Gov. Walz

(?)

(?)

Nov 17, 2023

The Commission on Judicial Selection announced that it is recommending six candidates for consideration to fill three vacancies in Minnesota’s Fourth Judicial District.

Full story

MSBA in Action

Notes & Trends – November 2023

(?)

(?)

Nov 01, 2023

Full story

Notes & Trends

Better together: Toward a mutual-care approach to practicing law

(?)

Natalie Netzel

(?)

Nov 01, 2023

Natalie Netzel explores how mental health issues are exacerbated, even created, by the norms of our profession starting in law school, and then explores how individual lawyers can work together to promote mutual care as a new norm to counteract our damaging status quo.

Full story

Wellbeing

Trust us Antitrust is back: And it’s coming for Big Tech

(?)

Dan Gustafson and Abou Amara

(?)

Nov 01, 2023

More than a century ago, the critical industries of the day in the United States—railroads, electricity, oil, and gas—rested in the hands of a few powerful corporations.

Full story

antitrust

Secret recordings, privacy, and the pursuit of truth

(?)

By James Todd

(?)

Nov 01, 2023

The question for family-law practitioners is how to advise clients when it comes to secret recordings—whether to gather them and, when presented with secret recordings, whether to use those recordings as evidence in a family court proceeding.

Full story

Family Law

Going to Trial: Three Tips for Junior Lawyers

(?)

Cianna Guerra Halloran

(?)

Nov 01, 2023

This may be a rare experience overall, but as a new civil litigator I can attest that one should be prepared for the potential of a trial anyway. The problem is, how can you be prepared for trial when you are entirely new to the practice of law?

Full story

Civil Litigation
New Lawyers

Winter’s coming. Tell us about your dream vacation getaway.

(?)

(?)

Nov 01, 2023

Full story

Colleague Corner

I hated being a lawyer!

(?)

Paul M. Floyd

(?)

Nov 01, 2023

In talking over the years with mentors, peers, and younger colleagues, I have heard this refrain numerous times from lawyers who are stressed, frustrated, and on the verge of throwing in the towel.

Full story

President's Page

ATJ committee’s report examines debt litigation in MN

(?)

(?)

Nov 01, 2023

Full story

MSBA in Action

Connecting Greater Minnesota lawyers with job seekers

(?)

(?)

Nov 01, 2023

Full story

MSBA in Action

Drawing the line on ethical witness preparation

(?)

SUSAN M. HUMISTON

(?)

Nov 01, 2023

Effectively preparing witnesses to provide testimony is an essential litigation skill. To do so competently and ethically requires a lot of work and forethought, because you must not only understand where the ethical lines lie but also keep in mind how the nonlawyer witness is hearing what you are saying.

Full story

Professional Responsibility

Understanding Seasonal Affective Disorder and how it can affect your practice

(?)

Sheina Long

(?)

Nov 01, 2023

Have you ever suffered from the seasonal blues? You likely were dealing with seasonal affective disorder.

Full story

Wellness

The CSRB weighs the lessons of Lapsus$

(?)

Mark Lanterman

(?)

Nov 01, 2023

The string of attacks offered insight into the security vulnerabilities existing within even the best-defended organizations; the CSRB report provides an in-depth analysis of the attacks and strategies for dealing with the most successful methods of intrusion.

Full story

Technology

Commission on Judicial Selection opens application process for vacancy in the 8th Judicial District

(?)

(?)

Oct 27, 2023

The Commission on Judicial Selection announced a vacancy in Minnesota’s Eighth Judicial District.

Full story

MSBA in Action

Commission on Judicial Selection opens application process for vacancy in the 4th Judicial District

(?)

(?)

Oct 25, 2023

The Commission on Judicial Selection announced a vacancy in Minnesota’s Fourth Judicial District.

Full story

MSBA in Action

Gov. Walz appoints Steve Hanke to fill 6th Judicial District vacancy

(?)

(?)

Oct 19, 2023

Governor Tim Walz and Lieutenant Governor Flanagan announced the appointment of Steve Hanke as District Court Judge in Minnesota’s Sixth Judicial District.

Full story

MSBA in Action

Governor Walz appoints Adam Johnson and Lauren Johnson to fill 1st Judicial District vacancies

(?)

(?)

Oct 12, 2023

Governor Tim Walz and Lieutenant Governor Peggy Flanagan announced the appointment of Adam Johnson and Lauren Johnson as district court judges in Minnesota’s First Judicial District.

Full story

MSBA in Action

Commission on Judicial Selection recommends Sixth Judicial District candidates to Gov. Walz

(?)

(?)

Oct 03, 2023

The Commission on Judicial Selection announced that it is recommending three candidates for consideration to fill a vacancy in Minnesota’s Sixth Judicial District.

Full story

MSBA in Action

Reading the fine print: The extensive changes to Minnesota landlord-tenant law in 2023 mostly codify best practices

(?)

By Timothy A. Baland

(?)

Oct 01, 2023

The 2023 Minnesota legislative session saw what have been heralded as unprecedented changes to landlord-tenant law in Minnesota. Unless otherwise noted, the statutes discussed in this article become effective on January 1, 2024. For the most part, the changes reflect best practices for landlords—things that landlords already are or should be doing.

Full story

Landlord-Tenant Law

The lawyer as private investigator: Parsing new ABA Model Rule 1.16(a)—Inquiring Into and Assessing Representations

(?)

William J. Wernz

(?)

Oct 01, 2023

In August 2023, the ABA adopted a new first sentence for Rule 1.16(a) of the Model Rules of Professional Conduct, requiring lawyers to “inquire into and assess the facts and circumstances of each representation [of a client] to determine whether the lawyer may accept or continue the representation.”

Full story

Rules of Professional Conduct

The changing workplace

(?)

Beth L. LaCanne and Shannon E. Eckman

(?)

Oct 01, 2023

The 2023 Minnesota legislative session was a pivotal one for laws impacting Minnesota’s workplaces. In particular, the session saw a wave of laws affecting employees’ rights and well-being.

Full story

Employment and Labor Law

Construction law: updated indemnification and wage theft rule

(?)

Jevon Bindman, Anna Barton, and Carly Johnson

(?)

Oct 01, 2023

The 2023 legislative session spelled many changes for the construction industry, from deeming indemnification agreements in connection with public improvements unenforceable to creating upstream liability for contractors and potentially owners when subcontractors engage in wage theft.

Full story

Construction Law

MSBA 2023-24: New leadership, new horizons

(?)

Paul Floyd

(?)

Oct 01, 2023

Change is inevitable, and as we embark on a new bar year, the MSBA Board of Governors has undergone a transformation, introducing seven new persons and perspectives to its leadership.

Full story

President's Page

Court issues order on ABA discipline system recommendations

(?)

SUSAN HUMISTON

(?)

Oct 01, 2023

Following a comment period and public hearing, the Court’s order reflects careful and thoughtful consideration of the various recommendations. We are fortunate in Minnesota to have an active and engaged Court willing to commit significant time to attorney discipline matters. The order is lengthy, so I think an overview of the Court’s decisions and next steps is in order.

Full story

Professional Responsibility

Deepfakes, AI, and digital evidence

(?)

By Mark Lanterman

(?)

Oct 01, 2023

With the ever-expanding prevalence of artificial intelligence, I’m sure that most of us have seen at least a few types of “deepfakes.”

Full story

Technology

Well-being and emotional intelligence are business development tools

(?)

Kendra Brodin

(?)

Oct 01, 2023

As a lawyer, it can be easy to see your legal practice as a place to escape feelings. Many of us fail to understand that human emotion is a huge part of the work itself; we did not learn much about emotional intelligence and well-being in law school.

Full story

Wellness

Save the date: New Lawyers Leadership Conference!

(?)

(?)

Oct 01, 2023

Full story

MSBA in Action

Coming this month: Legal tech CLEs

(?)

(?)

Oct 01, 2023

Full story

MSBA in Action

Pro Bono Week October 23-27

(?)

(?)

Oct 01, 2023

Full story

MSBA in Action

Notes & Trends – October 2023

(?)

(?)

Oct 01, 2023

Full story

Notes & Trends

Hail the departing chief: Gildea’s legacy includes 13 cases for 13 years

(?)

Cathy E. Gorlin and Marshall H. Tanick

(?)

Oct 01, 2023

There will be a new look at the Minnesota Supreme Court this fall due to the October retirement of Chief Justice Lorie Gildea after 13-plus years at the helm.

Full story

Judges
Courts

Commission on Judicial Selection opens application process for vacancies in the 4th Judicial District

(?)

(?)

Sep 21, 2023

The Commission on Judicial Selection announced two vacancies in Minnesota’s Fourth Judicial District.

Full story

MSBA in Action

Commission on Judicial Selection extends application period for vacancy in the 6th Judicial District

(?)

(?)

Sep 05, 2023

The Commission on Judicial Selection announced the extension of the application period for the upcoming vacancy in Minnesota’s Sixth Judicial District.

Full story

MSBA in Action

From 0 to HF100: Legal cannabis comes to Minnesota

(?)

Jared M. Reams & Rachel S. Kurth

(?)

Sep 01, 2023

Gov. Tim Walz signed HF100 on May 30, 2023, after a nearly six-month journey through numerous committees and revised engrossments in the Minnesota House and Senate, making Minnesota the 23rd state to legalize recreational-use cannabis.

Full story

Legislation
Cannabis

Understanding expungement under the new cannabis law

(?)

Dea Cortney & Samuel Edmunds

(?)

Sep 01, 2023

Some, but not all, expungements will occur automatically.

Full story

Criminal Law
Cannabis

In the weeds: Firearm ownership, cannabis, and the hemp exception

(?)

AARON EDWARD BROWN

(?)

Sep 01, 2023

There’s a cannabis-related absurdity in federal firearms law.

Full story

Legislation
Cannabis

Why are we using race and gender tables to set tort damages in 2023?

(?)

(?)

Sep 01, 2023

The Legislature is the likeliest source of change.

Full story

Tort Law

Colleague Corner: What’s the most important thing you have on or near your desk right now?

(?)

(?)

Sep 01, 2023

Full story

Colleague Corner

I had a secret

(?)

Paul Floyd

(?)

Sep 01, 2023

Whether you need glasses, a hearing aid, or an accommodation for depression, bipolar disorder, autism spectrum disorder (ASD), ADHA, dyslexia, or any other disability, know that you are not alone.

Full story

President's Page

File retention and return

(?)

Susan Humiston

(?)

Sep 01, 2023

One thing we get a lot of questions about is whether providing copies of documents to the client as the representation progresses as necessary under Rule 1.4 (your communication obligation), relieves you from providing a copy of the entire client file upon their request at the conclusion of the representation or at a time thereafter when the client seeks a copy of their file.

Full story

Professional Responsibility

Protecting our judges

(?)

Mark Lanterman

(?)

Sep 01, 2023

This past December, Congress passed the legislation, also known as Daniel’s Law—a pivotal moment in improving protections for the federal judicial community and their families.

Full story

Technology

Lessons from a meditation retreat: Turning toward the quiet

(?)

PATTY BECK

(?)

Sep 01, 2023

Despite my best efforts to prepare myself to unplug leading up to what had unexpectedly become my busiest time of year, I was not prepared for how difficult it would be learning to embrace silence and regain a sense of calm in what had otherwise been an overwhelming time in my life.

Full story

Wellness

We want to hear from you

(?)

(?)

Sep 01, 2023

We’re looking for members to contribute ideas and work with us on getting speakers and presenters for CLEs.

Full story

MSBA in Action

A new wrinkle in mock trial

(?)

(?)

Sep 01, 2023

The MSBA’s high school mock trial program is expanding its program to include a courtroom artist competition.

Full story

MSBA in Action

Notes & Trends – September 2023

(?)

(?)

Sep 01, 2023

Full story

Notes & Trends

Gov. Walz appoints Justice Natalie Hudson to serve as chief justice of the Minnesota Supreme Court

(?)

(?)

Aug 24, 2023

Governor Tim Walz announced the appointment of Justice Natalie Hudson to serve as chief justice of the Minnesota Supreme Court. Governor Walz also announced the appointment of Karl Procaccini to serve as associate justice.

Full story

MSBA in Action

Commission on Judicial Selection recommends 1st Judicial District candidates to Gov. Walz

(?)

(?)

Aug 22, 2023

The Commission on Judicial Selection announced that it is recommending five candidates for consideration to fill two vacancies in Minnesota’s First Judicial District.

Full story

MSBA in Action

Gov. Walz appoints Kathryn Hipp Carlson to the Workers’ Compensation Court of Appeals

(?)

(?)

Aug 17, 2023

Governor Tim Walz announced the appointment of Kathryn Hipp Carlson as a judge on the Minnesota Workers’ Compensation Court of Appeals.

Full story

MSBA in Action

Commission on Judicial Selection opens application process for vacancy in the 6th Judicial District

(?)

(?)

Aug 11, 2023

The Commission on Judicial Selection announced a vacancy in Minnesota’s Sixth Judicial District.

Full story

MSBA in Action

Public access, private lives

(?)

Michael P. Boulette, Seungwon R. Chung, and Abby N. Sunberg

(?)

Aug 02, 2023

In Minnesota most divorce records are public documents, accessible to anyone with an internet connection. That’s a problem.

Full story

Divorce
Courts

Notes & Trends – August 2023

(?)

(?)

Aug 02, 2023

Full story

Notes & Trends

Minnesota reforms law to ban (almost) all noncompete agreements

(?)

George H. Singer

(?)

Aug 02, 2023

This year Minnesota became the first state in 100 years to ban the widely used but controversial agreements.

Full story

Employment Law

Minnesota endorses nonsolicitation agreements

(?)

V. John Ella

(?)

Aug 02, 2023

With noncompetes a thing of the past, time to get familiar with nonsolicitation agreements.

Full story

Employment Law

MEPA at 50

(?)

MICHAEL DAMASCO

(?)

Aug 02, 2023

Refocusing the Minnesota Environmental Policy Act through an environmental justice lens

Full story

Environment and Natural Resources Law

Prosecuting War Crimes in Ukraine

(?)

ELLEN J. KENNEDY

(?)

Aug 02, 2023

The worst crimes in the world are known as the four core international crimes: genocide, war crimes, crimes against humanity, and aggression. Although these terms are used widely in the news, especially in reference to crimes occurring in today’s war in Ukraine, distinctions between them are not widely known.

Full story

Online Only

Unprofessional relationships with clients

(?)

SUSAN HUMISTON

(?)

Aug 02, 2023

Recently, the Minnesota Supreme Court suspended a family law lawyer for engaging in explicit sexual conversations with a client he was representing in a divorce. This case is certainly a cautionary tale and I wanted to take this opportunity to share some important ethical reminders.

Full story

Professional Responsibility

CISO beware: Cyber accountability is changing

(?)

Mark Lanterman

(?)

Aug 02, 2023

Each July, organizations are encouraged to remind employees and management about preparing for a particularly pernicious type of cyber threat. As part of Ransomware Awareness Month, many organizations take stock of their current defenses and reiterate to their teams that acting cautiously on the internet is not to be taken lightly.

Full story

Technology

Wellness: Navigating chronic pain, Lawyers’ edition

(?)

Sarah Soucie Eyberg

(?)

Aug 02, 2023

Chronic pain poses unique challenges for lawyer wellbeing, affecting both the attorney’s personal and professional lives. It is crucial for attorneys to recognize the impact of chronic pain and take proactive steps to address it.

Full story

Wellness

Thanks to our outgoing certification board members!

(?)

(?)

Aug 02, 2023

This year, five board members stepped down after years of service. We are grateful for the time and expertise these individuals have shared to help shape the MSBA Certification designation into what it is today.

Full story

MSBA in Action
Certification

Needing help with legal tech?

(?)

(?)

Aug 02, 2023

With the quick-changing pace of the technology around us, it can be difficult to keep up. If you need assistance navigating any of MSBA’s online services, we’re here to help.

Full story

MSBA in Action

Let Your Yes Be Yes and Your No Be No

(?)

Paul Floyd

(?)

Aug 02, 2023

Mastering the art of saying Yes and No as a lawyer requires self-awareness, discernment, and the courage to prioritize our own well-being.

Full story

President's Page

Gov. Walz appoints Judge Keala Ede and Jon Schmidt to Minnesota Court of Appeals

(?)

(?)

Jul 24, 2023

Governor Tim Walz and Lieutenant Governor Peggy Flanagan announced the appointment of Judge Keala Ede and Jon Schmidt to the Minnesota Court of Appeals.

Full story

MSBA in Action

Gov. Walz appoints Nicole Hopps to fill 6th Judicial District vacancy

(?)

(?)

Jul 20, 2023

Governor Tim Walz announced the appointment of Nicole Hopps as District Court Judge in Minnesota’s Sixth Judicial District.

Full story

MSBA in Action

Governor’s merit selection panel recommends Court of Appeals candidates

(?)

(?)

Jul 19, 2023

The governor's merit selection panel announced that it is recommending six candidates for consideration to fill the upcoming vacancies on the Minnesota Court of Appeals. The vacancies will occur upon the retirement of the Honorable Denise D. Reilly and the Honorable Lucinda E. Jesson, who both serve in an at-large capacity.

Full story

MSBA in Action

Commission on Judicial Selection recommends Workers’ Compensation Court of Appeals candidates to Gov. Walz

(?)

(?)

Jul 13, 2023

The Commission on Judicial Selection announced that it is recommending three candidates for consideration to fill a vacancy on the Workers’ Compensation Court of Appeals.

Full story

MSBA in Action

Paul Floyd: The artful lawyer

(?)

(?)

Jul 05, 2023

As a rule, clients want their attorneys to be competent, learned, persistent—but artistic? For Paul Floyd, practicing art as a discipline has been a part of his life since around 2009, or about a third of the time he’s been a practicing lawyer.

Full story

Art
Profiles
President

MSBA President 2023-24: Paul Floyd, bridge builder

(?)

Amy Lindgren

(?)

Jul 05, 2023

If you ask Paul Floyd how he sees himself, the response won’t be glib or simple.

Full story

Profiles
President

Federal courts open the gates to Minnesota punitive-damages claims

(?)

Nick Bullard and Luke Wetterstrom

(?)

Jul 05, 2023

The threat of punitive damages is a game-changer in civil litigation. It ratchets up the financial stakes and imperils the defendant’s reputation—often creating intense pressure to settle. Get ready for more of this game-changer in federal court, thanks to a recent shift in case law.

Full story

Civil Litigation

2023 MN Legislative Session Review

(?)

Bryan Lake

(?)

Jul 05, 2023

Partisan divisions, few compromises, limited accomplishments: These were the essential elements of every Minnesota legislative session recap from 2015 through 2022. During those years neither major political party had simultaneous control of the House, Senate, and governor’s office—the trifecta, as it is known—and, predictably, the divisions in government caused constant gridlock.

Full story

Legislation

Understanding the stages of brief

(?)

Cassandra Jacobsen & Finn Jacobsen

(?)

Jul 05, 2023

Like so many, we spent a significant portion of the covid pandemic working remotely from our one-and-a-half-story home in south Minneapolis, utilizing whatever space we had available as an office. Although we are grateful for that time, we grew far too familiar with each other’s work idiosyncrasies (read: bad habits).

Full story

New Lawyers

ChatGPT: The human element

(?)

Mark Lanterman

(?)

Jul 05, 2023

ChatGPT is continuing to make headlines. It seems like the talk surrounding AI is continuing to evolve as well.

Full story

Technology

Hot topics in legal ethics

(?)

Susan Humiston

(?)

Jul 05, 2023

What is happening around the country in the world of legal ethics? “A lot” is the short answer. For this month’s column, I thought you might enjoy a brief discussion of some current hot topics.

Full story

Professional Responsibility

If you could time-travel and spend a year in some other place and time, when and where would you choose?

(?)

(?)

Jul 05, 2023

Full story

Colleague Corner

Who’s the boss?

(?)

Paul Floyd

(?)

Jul 05, 2023

As I begin my presidency of the Minnesota State Bar Association, I’ve received a number of much-appreciated kind wishes from friends, colleagues, students, and clients.

Full story

President's Page

Coming back to the bar

(?)

(?)

Jul 05, 2023

Change was in the air throughout the 2023 MSBA Convention, which took place at the Minnesota CLE Conference Center in Minneapolis June 21-22.

Full story

MSBA in Action

Congratulations, Becker Award winners!

(?)

(?)

Jul 05, 2023

Nominated by their peers and then selected by a group of volunteers from the Access to Justice Committee, the following individuals have been recognized in the four major award areas.

Full story

MSBA in Action

Notes & Trends – July 2023

(?)

(?)

Jul 05, 2023

Full story

Notes & Trends

Commission on Judicial Selection opens application process for two seats in the 1st Judicial District

(?)

(?)

Jun 29, 2023

The Commission on Judicial Selection announced two vacancies in Minnesota’s First Judicial District.

Full story

MSBA in Action

Commission on Judicial Selection recommends 6th Judicial District candidates to Gov. Walz

(?)

(?)

Jun 26, 2023

The Commission on Judicial Selection announced that it is recommending three candidates for consideration to fill a vacancy in Minnesota’s Sixth Judicial District.

Full story

MSBA in Action

Commission on Judicial Selection opens application process for vacancy on the Workers’ Compensation Court of Appeals

(?)

(?)

Jun 06, 2023

The Commission on Judicial Selection announced a vacancy occurring on the Minnesota Workers’ Compensation Court of Appeals.

Full story

MSBA in Action

Exchange: Letter to the editor from MN County Attorneys Association regarding “Getting Serious About Prosecutorial Misconduct” by Barry Edwards and Stacy Bettison

(?)

Robert M. Small

(?)

May 30, 2023

Full story

Letters to the Editor

President's Page: Until we meet again

(?)

Paul Peterson

(?)

May 25, 2023

It is incredible to have been selected to serve as your president this past year—and to think back and appreciate the many wonderful people I have encountered along the way. I am grateful to you for the opportunity.

Full story

President's Page

Communication, diligence, and client expectations

(?)

Susan Humiston

(?)

May 25, 2023

Email and cell phones are amazing tools—but if you practiced before they became prevalent, you know the tremendous impact, both positive and negative, they have had on the practice of law. A recently leaked presentation slide from an internal associate training at the law firm of Paul Hastings has again sparked conversation on this topic.

Full story

Professional Responsibility

This article is human-written: ChatGPT and navigating AI

(?)

Mark Lanterman

(?)

May 25, 2023

Though the immediate benefits of a quickly written draft or assistance in correspondence may be tempting, be sure to bide your time in approaching AI and establishing how it will be incorporated into your firm.

Full story

Technology

Wellness: A hidden gem worth finding

(?)

Judith M. Rush

(?)

May 25, 2023

With all we have been through these past few years, it’s no wonder that many of us feel burned out, disconnected, uncertain about how to get back to normal or find a new normal. Which makes this the perfect time to explore how we can transform our practices and our lives in the law.

Full story

Wellness

Colleague Corner: What’s the first thing you remember wanting to be when you grew up?

(?)

(?)

May 25, 2023

Full story

Colleague Corner

IACP nominated for Nobel Peace Prize

(?)

(?)

May 25, 2023

Full story

MSBA in Action

Get to know the MSBA Resource Hub

(?)

(?)

May 25, 2023

Full story

MSBA in Action

We need to talk about ChatGPT

(?)

Damien Riehl

(?)

May 24, 2023

The ascendence of advanced large language models (LLMs) like GPT-4 and ChatGPT have sparked conversations about the future of the legal profession and how these AI-driven systems might help remedy some of the profession’s less-favorable aspects.

Full story

Legal Writing
Technology

Notes & Trends - May/June 2023

(?)

(?)

May 24, 2023

Full story

Notes & Trends

Textbooks and Toddlers: Returning to law school as a parent

(?)

OLIVIA LIZ-FONTS

(?)

May 24, 2023

Most would say that the perfect time to pursue law school is straight after graduating college. For me, it was after having my two children.

Full story

Law School

Watch your abbreviations

(?)

IAN LEWENSTEIN

(?)

May 24, 2023

Used without limits, abbreviations reveal their secret life as an insidious form of jargon, serving as insider shorthand to the detriment of readers unfamiliar with this ABC lingo. Certain abbreviations—specifically, initialisms—are also confusing, distracting, and, as you’ll see, usually unnecessary.

Full story

Legal Writing

U.S. immigration strategies for employers in a tight labor market

(?)

Calleigh M. McRaith, Misti A. Binsfeld, and Robert P. Webber

(?)

May 24, 2023

In what seems to be an effort to facilitate options for foreign nationals and employers, the Biden administration has quietly rolled out some relatively obscure policy changes. Employers, however, may be unaware of immigration options (including these relatively new options) that can help address labor shortages. The purpose of this article is to highlight a few strategies.

Full story

Immigration Law

Commission on Judicial Selection opens application process for vacancy in the 6th Judicial District

(?)

(?)

May 15, 2023

The Commission on Judicial Selection announced a vacancy in Minnesota’s Sixth Judicial District.

Full story

MSBA in Action

Gov. Walz announces upcoming vacancies on the Minnesota Court of Appeals

(?)

(?)

May 04, 2023

Governor Tim Walz announced two vacancies on the Minnesota Court of Appeals.

Full story

MSBA in Action

Gov. Walz appoints John Bowen and Jason Steffen to fill 10th Judicial District vacancies

(?)

(?)

Apr 11, 2023

Governor Tim Walz and Lieutenant Governor Peggy Flanagan announced the appointments of John Bowen and Jason Steffen as district court judges in Minnesota’s Tenth Judicial District.

Full story

MSBA in Action

Minnesota’s racially biased jury pools and how to fix them

(?)

Bethany O’Neill, Cresston Gackle, and David Schultz

(?)

Apr 01, 2023

Changing racial demographics in the state, coupled with the practices currently used to determine jury pools, are empaneling juries that are not racially representative. The result is that trials often fail to produce justice and perhaps even violate the Sixth Amendment.

Full story

Diversity
Courts

The hardest part of being a lawyer? Email

(?)

CRESSTON GACKLE

(?)

Apr 01, 2023

Email can be addictive. It’s a one-stop shop of notifications of new information on all my court cases as well as an interactive to-do list. Email also makes me feel needed; responding to email makes me feel useful. But because I have no boundaries around it, it intrudes upon my work, my life, and my relationships.

Full story

Wellness

SCOTUS: Bankruptcy doesn’t erase debts incurred by the fraud of another

(?)

George H. Singer

(?)

Apr 01, 2023

The United States Supreme Court recently answered the question of whether a debtor in bankruptcy can discharge a debt resulting from another person’s fraud, even if the debtor is not aware of the fraud.

Full story

Bankruptcy

Private discipline in 2022

(?)

Susan Humiston

(?)

Apr 01, 2023

Private discipline is non-public discipline issued for violations of the Minnesota Rules of Professional Conduct (MRPC) that are viewed as isolated and nonserious. In 2022, 80 admonitions were issued, one panel admonition was issued (in lieu of charges for public discipline), and six lawyers were placed on private probation.

Full story

Professional Responsibility

President’s Page: Listen. Learn. Be well.

(?)

Paul D. Peterson

(?)

Apr 01, 2023

This month I want to take our membership discussion in a slightly different direction and talk about the connection between loneliness, isolation, and bad mental/chemical health outcomes.

Full story

President's Page

Holder, Klobuchar talks among highlights at Minneapolis D&I Conference

(?)

(?)

Apr 01, 2023

The 2023 Diversity & Inclusion Conference, held on February 21 in Minneapolis, brought together panelists from throughout the country to speak about current issues in the federal criminal justice system and propose solutions for the future.

Full story

MSBA in Action

Civ Lit trial skills course is back

(?)

(?)

Apr 01, 2023

Full story

MSBA in Action

L&E certification board welcomes member

(?)

(?)

Apr 01, 2023

The MSBA Labor & Employment Certification Board is proud to welcome Andrea Ostapowich to the board.

Full story

MSBA in Action

Notes & Trends - April 2023

(?)

(?)

Apr 01, 2023

Full story

Notes & Trends

What the Respect for Marriage Act does and doesn’t mean

(?)

Connor Burton and Matt Yost

(?)

Apr 01, 2023

Many observers have heralded the Respect for Marriage Act as enshrining the right to same-sex marriage in federal law. But a review of the text of the Respect for Marriage Act and the legal precedent that it is built upon reveals its limitations.

Full story

Federal Law

Caregiver beware: Spotting scams that target seniors and other vulnerable adults

(?)

Noah Lewellen

(?)

Apr 01, 2023

Scams targeting senior citizens and other vulnerable adults are all too common. They typi

Bench & Bar of Minnesota

The official publication of the Minnesota State Bar Association

Governor Walz appoints Dean Eyler, Kristen Marttila, and Dominick Mathews to fill 4th Judicial District vacancies (?)

Nov 28, 2023

Commission on Judicial Selection recommends 4th Judicial District candidates to Gov. Walz (?)

Nov 17, 2023

Notes & Trends – November 2023 (?)

Nov 01, 2023

Better together: Toward a mutual-care approach to practicing law (?)

Natalie Netzel (?)

Nov 01, 2023

Trust us Antitrust is back: And it’s coming for Big Tech (?)

Dan Gustafson and Abou Amara (?)

Nov 01, 2023

Secret recordings, privacy, and the pursuit of truth (?)

By James Todd (?)

Nov 01, 2023

Going to Trial: Three Tips for Junior Lawyers (?)

Cianna Guerra Halloran (?)

Nov 01, 2023

Winter’s coming. Tell us about your dream vacation getaway. (?)

Nov 01, 2023

I hated being a lawyer! (?)

Paul M. Floyd (?)

Nov 01, 2023

ATJ committee’s report examines debt litigation in MN (?)

Nov 01, 2023

Connecting Greater Minnesota lawyers with job seekers (?)

Nov 01, 2023

Drawing the line on ethical witness preparation (?)

SUSAN M. HUMISTON (?)

Nov 01, 2023

Understanding Seasonal Affective Disorder and how it can affect your practice (?)

Sheina Long (?)

Nov 01, 2023

The CSRB weighs the lessons of Lapsus$ (?)

Mark Lanterman (?)

Nov 01, 2023

Commission on Judicial Selection opens application process for vacancy in the 8th Judicial District (?)

Oct 27, 2023

Commission on Judicial Selection opens application process for vacancy in the 4th Judicial District (?)

Oct 25, 2023

Gov. Walz appoints Steve Hanke to fill 6th Judicial District vacancy (?)

Oct 19, 2023

Governor Walz appoints Adam Johnson and Lauren Johnson to fill 1st Judicial District vacancies (?)

Oct 12, 2023

Commission on Judicial Selection recommends Sixth Judicial District candidates to Gov. Walz (?)

Oct 03, 2023

Reading the fine print: The extensive changes to Minnesota landlord-tenant law in 2023 mostly codify best practices (?)

By Timothy A. Baland (?)

Oct 01, 2023

The lawyer as private investigator: Parsing new ABA Model Rule 1.16(a)—Inquiring Into and Assessing Representations (?)

William J. Wernz (?)

Oct 01, 2023

The changing workplace (?)

Beth L. LaCanne and Shannon E. Eckman (?)

Oct 01, 2023

Construction law: updated indemnification and wage theft rule (?)

Jevon Bindman, Anna Barton, and Carly Johnson (?)

Oct 01, 2023

MSBA 2023-24: New leadership, new horizons (?)

Paul Floyd (?)

Oct 01, 2023

Court issues order on ABA discipline system recommendations (?)

SUSAN HUMISTON (?)

Oct 01, 2023

Deepfakes, AI, and digital evidence (?)

By Mark Lanterman (?)

Oct 01, 2023

Well-being and emotional intelligence are business development tools (?)

Kendra Brodin​ (?)

Oct 01, 2023

Save the date: New Lawyers Leadership Conference! (?)

Oct 01, 2023

Coming this month: Legal tech CLEs (?)

Oct 01, 2023

Pro Bono Week October 23-27 (?)

Oct 01, 2023

Notes & Trends – October 2023 (?)

Oct 01, 2023

Governor Walz appoints Dean Eyler, Kristen Marttila, and Dominick Mathews to fill 4th Judicial District vacancies

(?)

Commission on Judicial Selection recommends 4th Judicial District candidates to Gov. Walz

(?)

Notes & Trends – November 2023

(?)

Better together: Toward a mutual-care approach to practicing law

(?)

Natalie Netzel

(?)

Trust us Antitrust is back: And it’s coming for Big Tech

(?)

Dan Gustafson and Abou Amara

(?)

Secret recordings, privacy, and the pursuit of truth

(?)

By James Todd

(?)

Going to Trial: Three Tips for Junior Lawyers

(?)

Cianna Guerra Halloran

(?)

Winter’s coming. Tell us about your dream vacation getaway.

(?)

I hated being a lawyer!

(?)

Paul M. Floyd

(?)

ATJ committee’s report examines debt litigation in MN

(?)

Connecting Greater Minnesota lawyers with job seekers

(?)

Drawing the line on ethical witness preparation

(?)

SUSAN M. HUMISTON

(?)

Understanding Seasonal Affective Disorder and how it can affect your practice

(?)

Sheina Long

(?)

The CSRB weighs the lessons of Lapsus$

(?)

Mark Lanterman

(?)

Commission on Judicial Selection opens application process for vacancy in the 8th Judicial District

(?)

Commission on Judicial Selection opens application process for vacancy in the 4th Judicial District

(?)

Gov. Walz appoints Steve Hanke to fill 6th Judicial District vacancy

(?)

Governor Walz appoints Adam Johnson and Lauren Johnson to fill 1st Judicial District vacancies

(?)

Commission on Judicial Selection recommends Sixth Judicial District candidates to Gov. Walz

(?)

Reading the fine print: The extensive changes to Minnesota landlord-tenant law in 2023 mostly codify best practices

(?)

By Timothy A. Baland

(?)

The lawyer as private investigator: Parsing new ABA Model Rule 1.16(a)—Inquiring Into and Assessing Representations

(?)

William J. Wernz

(?)

The changing workplace

(?)

Beth L. LaCanne and Shannon E. Eckman

(?)

Construction law: updated indemnification and wage theft rule

(?)

Jevon Bindman, Anna Barton, and Carly Johnson

(?)

MSBA 2023-24: New leadership, new horizons

(?)

Paul Floyd

(?)

Court issues order on ABA discipline system recommendations

(?)

SUSAN HUMISTON

(?)

Deepfakes, AI, and digital evidence

(?)

By Mark Lanterman

(?)

Well-being and emotional intelligence are business development tools

(?)

Kendra Brodin

(?)

Save the date: New Lawyers Leadership Conference!

(?)

Coming this month: Legal tech CLEs

(?)

Pro Bono Week October 23-27

(?)

Notes & Trends – October 2023

(?)

Hail the departing chief: Gildea’s legacy includes 13 cases for 13 years

(?)

Cathy E. Gorlin and Marshall H. Tanick

(?)

Commission on Judicial Selection opens application process for vacancies in the 4th Judicial District

(?)

Commission on Judicial Selection extends application period for vacancy in the 6th Judicial District

(?)

From 0 to HF100: Legal cannabis comes to Minnesota

(?)

Jared M. Reams & Rachel S. Kurth

(?)

Understanding expungement under the new cannabis law

(?)

Dea Cortney & Samuel Edmunds

(?)

In the weeds: Firearm ownership, cannabis, and the hemp exception

(?)

AARON EDWARD BROWN

(?)

Why are we using race and gender tables to set tort damages in 2023?

(?)

Colleague Corner: What’s the most important thing you have on or near your desk right now?

(?)

I had a secret

(?)

Paul Floyd

(?)

File retention and return

(?)

Susan Humiston

(?)

Protecting our judges

(?)

Mark Lanterman

(?)

Lessons from a meditation retreat: Turning toward the quiet

(?)

PATTY BECK

(?)

We want to hear from you

(?)

A new wrinkle in mock trial

(?)

Notes & Trends – September 2023

(?)

Gov. Walz appoints Justice Natalie Hudson to serve as chief justice of the Minnesota Supreme Court

(?)

Commission on Judicial Selection recommends 1st Judicial District candidates to Gov. Walz

(?)

Gov. Walz appoints Kathryn Hipp Carlson to the Workers’ Compensation Court of Appeals

(?)

Commission on Judicial Selection opens application process for vacancy in the 6th Judicial District

(?)