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Lessor Beware
Bryan Huntington
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
Janel Dressen
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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The Guns Aren’t Illegal. But Sometimes the Owners Are.
Aaron Edward Brown
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
Inti Martínez-Alemán
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
Steven H. Snyder
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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You can’t serve two masters. Unless you’re a Realtor.
DOUGLAS R. MILLER
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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A Tribal Counsel’s Guide to Corporate Compliance
Mandi Crane
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
Joseph Pull
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
Joan Bibelhausen
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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No, You Can’t Call Him an @?%#! on Facebook
Tifanne Wolter
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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RBG and MN
Marshall H. Tank and Cathey E. Gorlin
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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An interview with Justice Paul Thissen of the Minnesota Supreme Court: ‘My first few months have been amazing’
Jon Schmidt
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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Substantial completion and liquidated damages: A road not taken
Isak Hawkinson
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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ABA Formal Opinion No. 483, Data Breaches, and You
Kevin P. Hickey & Jeff Alluri
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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So Long, Tim Groshens
Bench & Bar of Minnesota
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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Beyond the Binary: Practical advice for using gender pronouns
Christy Hall and Conner Suddick
Feb 05, 2019
Misgendering a person—such as referring to someone as “sir” or “she” when they are not—is an act of gender violence. It may seem like an innocent mistake, or not a big deal. But for a transgender person, being misgendered cuts to the core of their identity.
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In eviction proceedings, lawyers equal better outcomes
Luke Grundman, Muria Kruger, And Tom Tinkham
Feb 05, 2019
A study arising from the Housing Court Project in Hennepin County proves that legal representation in housing court helps prevent homelessness. Evictions have significant and often tragic consequences for tenants and their families. An eviction notice can spell a nearly immediate need to move out with nowhere to go but to double up with a friend or relative—or worse, end up in a shelter, the car, or the street.
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Alt-Remedies to Paying Student Loans: In some cases, relief is available
ANDREW WOLD
Feb 01, 2019
Close to $1.5 trillion in loans have been issued to students; most of them are not dischargeable and accrue more interest than the average mortgage or car loan of the last decade.
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