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The official publication of the Minnesota State Bar Association



Feature Articles


Paskert and Kennneh: 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.
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  • 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
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  • CATEGORY
  • Featues
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.
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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.
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  • CATEGORY
  • Employment Law
  • 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.
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  • well-being
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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.
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  • COVID-19
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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.
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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.’”
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  • 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.
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  • 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
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  • 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.
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  • 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.
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  • Features
2020 Minnesota legislative session recap
Bryan Lake
Jul 01, 2020
With the onset of the pandemic, what had been a relatively routine legislative session suddenly became uniquely difficult.
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  • CATEGORY
  • Legislation
Remote mediation I’m 62. I wasn’t looking to Zoom. I’m glad I did.
Mike McKnight
May 27, 2020
I will tell you I was skeptical at first, but now I am sold. I see a lot of advantages to using this technology more even after this damn virus ends. It saves the parties and clients time and money.
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  • Features
Government transparency during the pandemic
Taya Moxley-Goldsmith and Katherine Bealka
May 27, 2020
A guide to Minnesota data practices, open meetings, and covid-19
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  • CATEGORY
  • Coronavirus
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How covid-19 may redefine “reasonable accommodation” under the ADA and MHRA
Charles R. Shafer
May 27, 2020
Covid-19, the first pandemic in 100 years, is not only changing the lives of Americans right now, but may also change the legal landscape of disability discrimination under the Americans with Disabilities Act (ADA) and the Minnesota Human Rights Act (MHRA) for years to come.
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  • Coronavirus
  • Featues
Legal Ethics and Risk Management in the Time of Pandemic
Chuck Lundberg
May 27, 2020
The coronavirus outbreak and resulting lockdown has caused unprecedented disruption in law firms and creates a host of new issues for firm general counsel and ethics partners. This article describes a number of new ethics and risk management issues that have arisen almost overnight.
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  • Coronavirus
  • Features
The Remote Lawyer’s Survival Guide
Kristi J. Paulson
May 27, 2020
Remote work can be wonderful. It can also be filled with all kinds of unique challenges and requirements. Having done this for over two decades, I am going to share my thoughts and suggestions in this Remote Worker’s Survival Guide.
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  • CATEGORY
  • Coronavirus
  • Features
Technology is just one of the tools we need to get through this crisis and the next
JOE VAN THOMME
May 27, 2020
Lawyers must use technology to adapt their practices if they are to continue to serve their clients through this pandemic and afterward.
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  • Coronavirus
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Detours on the Path to Lawyer Well-Being: Finding our way forward in an upside-down world
Joan Bibelhausen
May 27, 2020
Let’s take a look at what we can reasonably expect. We will experience a range of emotions, and each facet of the whole lawyer may respond differently.
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  • CATEGORY
  • Coronavirus
  • Features
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