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February 2021
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Bench & Bar of Minnesota
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February 2021
The official publication of the Minnesota State Bar Association
February 2021
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Jury Trials in the Covid-19 Era
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Kristi J. Paulson
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Feb 01, 2021
What to expect as courts work to deliver justice through the rest of the pandemic. September marked the first civil jury trials to take place in Minnesota’s court system since the start of the pandemic; two trials proceeded in Hennepin County on the same floor on the same day. Those two cases were tried to verdict and demonstrated that, with proper care and precautions, justice could go forward.
Full story
CATEGORY
Courts
COVID-19
Features
Supreme Court Says No Pay Can Still Play: Abel v. Abbott Northwestern Hospital is a step forward for employees’ rights
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Thomas E. Marshall
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Feb 01, 2021
The Minnesota Supreme Court’s July 2020 opinion in Abel v. Abbott Northwestern Hospital represents a win for employees at several levels: through its broad acceptance of the continuing violations theory at the Rule 12 stage of proceedings; by eliminating “compensation” as a necessary element in the definition of “employee” under the Human Rights Act; and in its affirmation of a duty to protect employees and students from known foreseeable conduct.
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CATEGORY
Employment and Labor Law
Features
New covid-19 relief legislation amends Bankruptcy Code
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George H. Singer
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Feb 01, 2021
In response to the continuing crises brought on by the covid-19 pandemic, Congress recently passed the Consolidated Appropriations Act, 2021 (CAA). The amendments to the Bankruptcy Code are briefly summarized in this article.
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CATEGORY
COVID-19
Bankruptcy
Features
We all need it at some point: The MSBA’s proposal for family and medical leave at court
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Christine B. Courtney
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Feb 01, 2021
In the summer of 2020, the MSBA convened a working group of attorneys and judges to draft amendments to various Minnesota rules that would allow attorneys to request a continuance of a court proceeding in the event of the attorneys’ temporary inability to represent the client due to a health condition; the birth or adoption of a child; or the need to care for a spouse, dependent, or parent who has a serious health condition.
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CATEGORY
Features
Get on the team
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Dyan Ebert
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Feb 01, 2021
Each member of the MSBA has the opportunity to serve on the team and to make a unique and valuable contribution to the overall success of the association and, in turn, the profession.
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CATEGORY
President's Page
Public discipline summary for 2020
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Susan Humiston
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Feb 01, 2021
Each year I take this opportunity to provide an overview of public discipline. While the year was certainly an unusual one due to the pandemic and the havoc it wrought, public discipline in 2020 was very similar to 2019, with 33 attorneys receiving public discipline as compared to 35 the year prior.
Full story
CATEGORY
Professional Responsibility
The SolarWinds breach and third-party vendor security
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Mark Lanterman
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Feb 01, 2021
Many experts deem this hack the largest and most sophisticated of its kind in the past five years. While the intent and extent of the breach have not been fully ascertained, the attack underscores the import of considering third-party risk and embracing strong proactive security strategies.
Full story
CATEGORY
Technology
Colleague Corner: Meet Samuel Edmunds
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Feb 01, 2021
Samuel Edmunds is a criminal defense lawyer. He represents clients in criminal cases ranging from misdemeanor to homicide throughout Minnesota and Wisconsin, and he is a Board Certified Criminal Law Specialist.
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CATEGORY
Colleague Corner
A Fastcase update
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Feb 01, 2021
By now you may already have heard that the legal research platform Fastcase (available free to MSBA members) recently merged with its rival Casemaker.
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CATEGORY
MSBA in Action
Civ Lit Section honors one of its own
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Feb 01, 2021
The 2020 Advocate Award went to Kim Allen Pennington from Pennington Cherne Gaarder & Geiger Hagen, PLLC of St. Cloud.
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CATEGORY
MSBA in Action
Nominations open for Becker Awards
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Feb 01, 2021
Three Becker Legal Services Staff awards are presented annually to attorneys, paralegals, administrators, or other staff employed by a private, nonprofit agency that provides legal services to low-income eligible clients.
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CATEGORY
MSBA in Action
MSBA sets 2021 lobbying agenda
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Feb 01, 2021
The MSBA Council has identified the association’s primary lobbying priority for the 2021 Minnesota legislative session as adequate funding for the Minnesota judicial branch, legal aid and pro bono programs, and the public defender system.
Full story
CATEGORY
MSBA in Action
Notes & Trends February 2021
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Feb 01, 2021
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CATEGORY
Notes & Trends
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