Articles

Lawyer, Redeemed: Proving moral change in reinstatement and bar admission cases

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WILLIAM J. WERNZ

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Jul 01, 2019

Stock fraud, welfare fraud, civil fraud, theft by swindle, perjury, armed robbery, and a decade or so of dishonest activities—these were the impediments to bar admission or reinstatement that clients have faced in my many years of representing them.

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The Case for Mandatory Legal Malpractice Insurance

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SETH LEVENTHAL

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Jul 01, 2019

Why don’t we require Minnesota lawyers to carry malpractice insurance? Minnesota, along with many states, does not require that its lawyers carry malpractice insurance; Minnesota just requires the lawyers to disclose whether they carry insurance or whether they are “going bare”—that is, practicing law with no professional liability insurance.

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U.S. Supreme Court Protects Trademark Licensees

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George H. Singer and Aaron E. Brown

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Jul 01, 2019

What is the consequence when a bankrupt exercises its statutory right to reject a contract in bankruptcy? This precise question has divided the courts since 1985, when the 4th Circuit held, in Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., that a patent license agreement could be rejected by the debtor in bankruptcy...

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2019 Legislative Session Recap

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Bryan Lake

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Jul 01, 2019

The 2019 legislative session featured power shifts, conflict, and rival parties compromising to cut a deal. Numerous MSBA proposals were in play at the Capitol this year, and several passed despite the difficult operating environment.

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More Than a Rule of Thumb: Your smartphone and the 5th Amendment

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ADAM T. JOHNSON

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May 28, 2019

According to the Pew Research Center, 77 percent of Americans own a smartphone. These devices employ encryption technology when not in use, and require a user’s passcode or other biometric feature to unlock them. Encryption, though a blessing for domestic harmony, poses significant barriers to law enforcement investigations.

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Features

Lessor Beware

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Bryan Huntington

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May 28, 2019

Courts are increasingly willing to hold commercial landlords liable for their tenants’ trademark infringement. Recent federal court decisions reflect a trend in favor of expanded liability for commercial landlords premised upon the unlawful conduct of their tenants. The theory of liability applied against landlords, known as “contributory” liability, derives from the federal trademark laws, 15 U.S.C. §1051, et seq. (the Lanham Act).

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Don’t Be The Next Lunds & Byerlys: Lessons learned from the Lunds shareholder litigation

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Janel Dressen

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May 28, 2019

On March 27, 2019, the Minnesota Supreme Court denied review in the Lunds litigation that spanned more than four years and resulted in the largest reported fair value buyout award to a minority shareholder in Minnesota under Minn. Stat. §302A.751 (Section 751). The history leading to the litigation, the litigation itself, and the courts’ decisions in the case offer many important lessons for all private company business owners, business lawyers, and business litigators.

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Features

The Guns Aren’t Illegal. But Sometimes the Owners Are.

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Aaron Edward Brown

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May 28, 2019

Understanding Minnesota's private-transfer exception suggests the best path to reducing gun violence. Last October, Kanye West was asked during a meeting with President Trump and former NFL legend Jim Brown how to fix the gun violence problem in Chicago. Kanye responded by saying, “The problem is illegal guns. Illegal guns is the problem, not legal guns. We have the right to bear arms.”

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9 Ways to Fail as an Entrepreneur And how to counsel clients to avoid them

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Inti Martínez-Alemán

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Apr 03, 2019

Conventional wisdom says that 80 percent of businesses fail within two years. The Small Business Administration (SBA) disagrees. According to SBA statistics, from 2005 to 2017 nearly 80 percent of new establishments survived one year. “About half of all establishments survive five years or longer…. About one-third of establishments survive 10 years or longer.”

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Minnesota Parentage Law and Assisted Reproductive Technology: It’s time to change the law

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Steven H. Snyder

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Apr 03, 2019

The first artificial insemination of a woman with donor sperm occurred in 1884, and the practice was common enough by the 20th Century that specific provisions for parentage in such cases were incorporated into the Uniform Parentage Act (UPA) of 1973, adopted in Minnesota in 1980 as the Minnesota Parentage Act (MPA).

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Features

You can’t serve two masters. Unless you’re a Realtor.

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DOUGLAS R. MILLER

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Apr 03, 2019

The Minnesota Association of Realtors is lobbying for a new law that will allow brokers to conceal their dual agency status from consumers.

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Features

A Tribal Counsel’s Guide to Corporate Compliance

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Mandi Crane

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Apr 03, 2019

In my experience as in-house legal counsel for a federally recognized Indian tribe, compliance work creates a healthy tension. That tension is not only necessary but good, because it fuels responsible innovation and fosters ethical corporate—for tribes, governmental—culture.

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The ABCs of TI: Understanding tortious interference with contract

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Joseph Pull

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Apr 03, 2019

The time-honored commercial litigation claim of tortious interference with contract (TI) gives legal teeth to the intuition that if you and I have a contract, an outsider shouldn’t be allowed to profit by persuading one of us to break it. But a perusal of Minnesota case law shows that TI is a claim frequently made and infrequently won.

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Lawyer well-being in Minnesota gets a boost from the Supreme Court

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Joan Bibelhausen

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Apr 03, 2019

National efforts to advance well-being in the legal profession were placed under a statewide spotlight at the Minnesota Supreme Court’s Call to Action for Lawyer Well-Being conference on February 28.

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Features

No, You Can’t Call Him an @?%#! on Facebook

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Tifanne Wolter

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Mar 05, 2019

Counseling clients about social media and divorce – Divorce is one of the most stressful and painful experiences a person can undergo. And in the age of social media, where people often feel compelled to broadcast every little detail about their lives to the whole planet, the experience can become even more fraught.

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Features

RBG and MN

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Marshall H. Tank and Cathey E. Gorlin

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Mar 05, 2019

As Justice Ruth Bader Ginsburg observes her silver anniversary on the U.S. Supreme Court, we look at some of her notable opinions in Minnesota cases.

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Features

An interview with Justice Paul Thissen of the Minnesota Supreme Court: ‘My first few months have been amazing’

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Jon Schmidt

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Mar 05, 2019

Justice Paul C. Thissen was appointed to the Minnesota Supreme Court in 2018 by Gov. Mark Dayton. Prior to joining the Court, Justice Thissen had spent 15 years as a member of the Minnesota House of Representatives, including two years as speaker of the House.

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Features

Substantial completion and liquidated damages: A road not taken

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Isak Hawkinson

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Mar 05, 2019

Substantial completion dates frequently coincide with liquidated damages provisions in construction contracts; a contractor’s failure to meet the deadline set by the former can prompt the enforcement of the latter.

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Features

ABA Formal Opinion No. 483, Data Breaches, and You

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Kevin P. Hickey & Jeff Alluri

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Mar 05, 2019

What’s your plan? New ethics opinion requires lawyers to take steps to protect client data from cyber threats. Hackers have increasingly targeted lawyers and law firms for the treasure trove of confidential information in their possession, including trade secrets, pending business deals, financial information, and personal data.

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Features

So Long, Tim Groshens

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Bench & Bar of Minnesota

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Feb 05, 2019

When Tim Groshens was named executive director of the Minnesota State Bar Association in 1985, Ronald Reagan was president, big hair was stylish, and desktop computers were still just an unsettling rumor in most lawyers’ offices.

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Lawyer, Redeemed: Proving moral change in reinstatement and bar admission cases (?)

WILLIAM J. WERNZ (?)

Jul 01, 2019

The Case for Mandatory Legal Malpractice Insurance (?)

SETH LEVENTHAL (?)

Jul 01, 2019

U.S. Supreme Court Protects Trademark Licensees (?)

George H. Singer and Aaron E. Brown (?)

Jul 01, 2019

2019 Legislative Session Recap (?)

Bryan Lake (?)

Jul 01, 2019

More Than a Rule of Thumb: Your smartphone and the 5th Amendment (?)

ADAM T. JOHNSON (?)

May 28, 2019

Lessor Beware (?)

Bryan Huntington (?)

May 28, 2019

Don’t Be The Next Lunds & Byerlys: Lessons learned from the Lunds shareholder litigation (?)

Janel Dressen (?)

May 28, 2019

The Guns Aren’t Illegal. But Sometimes the Owners Are. (?)

Aaron Edward Brown (?)

May 28, 2019

9 Ways to Fail as an Entrepreneur And how to counsel clients to avoid them (?)

Inti Martínez-Alemán (?)

Apr 03, 2019

Minnesota Parentage Law and Assisted Reproductive Technology: It’s time to change the law (?)

Steven H. Snyder (?)

Apr 03, 2019

You can’t serve two masters. Unless you’re a Realtor. (?)

DOUGLAS R. MILLER (?)

Apr 03, 2019

A Tribal Counsel’s Guide to Corporate Compliance (?)

Mandi Crane (?)

Apr 03, 2019

The ABCs of TI: Understanding tortious interference with contract (?)

Joseph Pull (?)

Apr 03, 2019

Lawyer well-being in Minnesota gets a boost from the Supreme Court (?)

Joan Bibelhausen (?)

Apr 03, 2019

No, You Can’t Call Him an @?%#! on Facebook (?)

Tifanne Wolter (?)

Mar 05, 2019

RBG and MN (?)

Marshall H. Tank and Cathey E. Gorlin (?)

Mar 05, 2019

An interview with Justice Paul Thissen of the Minnesota Supreme Court: ‘My first few months have been amazing’ (?)

Jon Schmidt (?)

Mar 05, 2019

Substantial completion and liquidated damages: A road not taken (?)

Isak Hawkinson (?)

Mar 05, 2019

ABA Formal Opinion No. 483, Data Breaches, and You (?)

Kevin P. Hickey & Jeff Alluri (?)

Mar 05, 2019

So Long, Tim Groshens (?)

Bench & Bar of Minnesota (?)

Feb 05, 2019

Lawyer, Redeemed: Proving moral change in reinstatement and bar admission cases

(?)

WILLIAM J. WERNZ

(?)

The Case for Mandatory Legal Malpractice Insurance

(?)

SETH LEVENTHAL

(?)

U.S. Supreme Court Protects Trademark Licensees

(?)

George H. Singer and Aaron E. Brown

(?)

2019 Legislative Session Recap

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Bryan Lake

(?)

More Than a Rule of Thumb: Your smartphone and the 5th Amendment

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ADAM T. JOHNSON

(?)

Lessor Beware

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Bryan Huntington

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Don’t Be The Next Lunds & Byerlys: Lessons learned from the Lunds shareholder litigation

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Janel Dressen

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The Guns Aren’t Illegal. But Sometimes the Owners Are.

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Aaron Edward Brown

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9 Ways to Fail as an Entrepreneur And how to counsel clients to avoid them

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Inti Martínez-Alemán

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Minnesota Parentage Law and Assisted Reproductive Technology: It’s time to change the law

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Steven H. Snyder

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You can’t serve two masters. Unless you’re a Realtor.

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DOUGLAS R. MILLER

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A Tribal Counsel’s Guide to Corporate Compliance

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Mandi Crane

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The ABCs of TI: Understanding tortious interference with contract

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Joseph Pull

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Lawyer well-being in Minnesota gets a boost from the Supreme Court

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Joan Bibelhausen

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No, You Can’t Call Him an @?%#! on Facebook

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Tifanne Wolter

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RBG and MN

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Marshall H. Tank and Cathey E. Gorlin

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An interview with Justice Paul Thissen of the Minnesota Supreme Court: ‘My first few months have been amazing’

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Jon Schmidt

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Substantial completion and liquidated damages: A road not taken

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Isak Hawkinson

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ABA Formal Opinion No. 483, Data Breaches, and You

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Kevin P. Hickey & Jeff Alluri

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So Long, Tim Groshens

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Bench & Bar of Minnesota

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