B&B_logo_red_sm




The official publication of the Minnesota State Bar Association



Feature Articles


Covid-19 and the Caregiving Crisis
Leanne Fuith and Susan Trombley
Oct 01, 2020
Employees with caregiving responsibilities are being asked to return to or continue working in the face of quite possibly shuttered schools and the absence of daycare centers.
Full story
  • CATEGORY
  • COVID-19
  • Features
Lawyers with Dementia
Jill Sauber
Oct 01, 2020
As more attorneys practice into later life, the profession faces a growing challenge.
Full story
  • CATEGORY
  • Features
Child Sex Abuse and the Sixth Amendment
Matthew Mankey and Stacy L. Bettison
Oct 01, 2020
Minnesota courts are eroding confrontation clause protections in cases involving child witnesses.
Full story
  • CATEGORY
  • Features
Mum’s the Word: How to protect clients’ confidential information in agency investigations and contested case proceedings
Gregory Merz
Oct 01, 2020
Understanding how the law limits the information a state agency may properly withhold from the public and how state agencies handle purportedly confidential information will help counsel to maximize the protection of such information from public disclosure.
Full story
  • CATEGORY
  • Features
Promoting legal aid in a time of crisis
RANDI ILYSE ROTH
Oct 01, 2020
We find ourselves in what many are calling a “horrific opportunity moment.” Following a summer locked down by COVID, and still reeling from the killing of George Floyd, we are all searching for what we can do to build equity and opportunity in our communities.
Full story
  • CATEGORY
  • Legal Aid
  • Features
Toward Equality: Bostock v. Clayton County and the future of the MHRA
Laura Farley
Sep 01, 2020
The Supreme Court’s decision in Bostock is a massive win for civil rights, and it should encourage Minnesota to take another step toward equality by amending the MHRA.
Full story
  • CATEGORY
  • Civil Rights
  • Features
Force Majeure Hitz Home, Excuses Rent Obligation
George H. Singer
Sep 01, 2020
Courts issue first decisions applying a force majeure clause to excuse a commercial tenant’s rental obligations in the wake of covid-19.
Full story
  • CATEGORY
  • COVID-19
Update: Covid-19 Liability Legislation
Courtney Ernston
Sep 01, 2020
Several states have taken action, either through their legislatures or via executive order, to quell lawsuits arising from any potential exposure to covid-19 as a result of physical presence at a business. Minnesota is one of 12 states with legislation pending.
Full story
  • CATEGORY
  • Legislation
  • COVID-19
  • Features
Paskert and Kenneh: The ‘severe or pervasive’ standard in 2020
Sheila Engelmeier and Heather Tabery
Jul 29, 2020
Minnesota moves forward on workplace harassment; the 8th Circuit doubles down.
Full story
  • CATEGORY
  • Features
A Misstep on §549.191
Jeffrey P. Justman, Tom Pryor and Joshua N. Turner
Jul 29, 2020
Why recent federal courts in Minnesota are wrong in refusing to apply Minn. Stat. §549.191 to punitive-damages claims in federal court
Full story
  • CATEGORY
Lillehaug’s Lasting Legal Legacy
Marshall H. Tanick
Jul 29, 2020
Departed from the state Supreme Court after seven years, Justice David Lillehaug has made a deep and long-lasting mark on Minnesota law.
Full story
  • CATEGORY
  • Features
COVID-19, Trump, and Employment Immigration
Robert P. Webber and Candelario Arredondo
Jul 29, 2020
This article focuses on employment-based immigration—issues related to the ability of U.S. employers to hire and retain foreign national workers. We seek to highlight some of the major changes and forecast where things may go from here.
Full story
  • CATEGORY
  • Immigration Law
  • Features
The Urgency of Sleep and Well-Being
Robin Wolpert
Jul 06, 2020
We are supposed to spend about a third of our day sleeping. If you see this as a waste of time, you might change your mind if you knew what was happening while you sleep.
Full story
  • CATEGORY
  • Well-Being
  • Features
Succession planning and covid-19: It’s now or (possibly) never
Roy S. Ginsburg
Jul 06, 2020
The covid-19 pandemic is a red alert for elderly solo and small law firm owners to put a succession plan in place if they haven’t already done so. Unpalatable and difficult as it may be, it’s time for practicing lawyers in their 60s or 70s to acknowledge their mortality and forge a plan.
Full story
  • CATEGORY
  • COVID-19
  • Features
Not so Fast: Termination of Sales Rep Agreements Under Minnesota Law
V. John Ella
Jul 06, 2020
The concept that state laws can override commercial contracts may come as a surprise, but these laws have survived constitutional challenges.
Full story
  • CATEGORY
  • Features
MSBA President 2020-21 Dyan Ebert: Steady as She Goes
Amy Lindgren
Jul 01, 2020
If you’ve had occasion to ask Dyan Ebert what she’s planning for her year as president of the Minnesota State Bar Association, you may have heard something like this: “I don’t have one specific thing that I want to get done. I am trying to go into this with the old adage, ‘Do no harm.’”
Full story
  • CATEGORY
  • President's Page
The Big Question: Back to the Office?
Brett Larson and Jeremy Warring
Jul 01, 2020
How to weigh your firm’s—and your clients’—options and mitigate legal risk. As businesses and their leaders navigate these unprecedented times, we face novel decisions that will likely impact our businesses and our employees both in the short term and for years to come.
Full story
  • CATEGORY
  • COVID-19
The Business Interruption Pandemic
Patrick Larkin, Brandon Meshbesher, Eric Steinhoff, and Rick Lind
Jul 01, 2020
​Claims for business interruption loss coverage in the wake of covid-19. The economic loss caused by the covid-19 pandemic is and will continue to be devastating to many businesses
Full story
  • CATEGORY
  • COVID-19
Ethics Wake-Up Calls for Supervisory Responsibilities
WILLIAM J. WERNZ
Jul 01, 2020
Who in your law firm is responsible for adopting and updating policies and procedures on legal ethics matters? Who is responsible for training lawyers and staff on these matters? What are the areas of law firm operation that are important for ethics scrutiny? Lawyers who manage law firms and law offices should be asking these questions.
Full story
  • CATEGORY
  • Ethics
Child Safety First: Understanding Minnesota’s mandatory and voluntary reporting requirements involving child abuse and neglect
James C. Backstrom
Jul 01, 2020
There is a role for everyone in ensuring that our children are as safe and secure as possible. As a career prosecutor, I can tell you that far too many children are abused and neglected each year in our state and nation.
Full story
  • CATEGORY
  • Features
12345