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January 2021
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Bench & Bar of Minnesota
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Recent Issues
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January 2021
The official publication of the Minnesota State Bar Association
January 2021
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The Case of the Accidental Landlord: Why Minnesota’s eviction moratorium needs fixing
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Joel Van Nurden
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Jan 04, 2021
The current eviction moratorium, with all its good intentions, has caused unjust harm to landlords, particularly nonprofessional or “accidental” landlords. The governor should rescind Executive Order 20-79 and either replace it with something similar to the Centers for Disease Control’s (CDC) nationwide eviction moratorium or, better yet, simply let the CDC’s moratorium take effect in Minnesota.
Full story
CATEGORY
Features
Click it or zip it: It’s time to rethink the seat-belt gag rule
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Michael T. Burke & Brandon D. Meshbesher
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Jan 04, 2021
States like California, Wisconsin, New York, Iowa, and Michigan all allow seat belt evidence to be presented to civil juries, and there is no reason that Minnesota cannot or should not do the same.
Full story
CATEGORY
Features
Personal Injury
Mock trial: The show must go on
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Dyan Ebert
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Jan 04, 2021
The change to make this year’s mock trial program virtual is a shining example of how to cultivate something good from an otherwise bad situation, a lesson we should all take to heart. The show will go on!
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CATEGORY
President's Page
Minnesota’s best interest factors should address breastfeeding
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Jacquelyn S. Lutz & Linda R. Allen
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Jan 04, 2021
The breadth of statutes concerning breastfeeding makes the absence of any reference to breastfeeding in the family law statutes puzzling. Does Minnesota need a statute specifically addressing breastfeeding and custody / parenting time? In short: yes.
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CATEGORY
Family Law
Features
Lawyers in transition
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Susan Humiston
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Jan 04, 2021
As one year ends and another begins, some lawyers find themselves in transition between firms or employment opportunities. When this happens, it’s natural to focus on employment law—and, if one is a partner, fiduciary obligations. But please don’t forget there are also ethical obligations when a lawyer leaves a firm.
Full story
CATEGORY
Professional Responsibility
Considerations in cloud security
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MARK LANTERMAN
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Jan 04, 2021
For law firms, the question of whether to use the cloud is especially critical given the unparalleled importance of protecting client confidentiality.
Full story
CATEGORY
Technology
Colleague Corner: Meet Omni Kiecker
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Omni Kiecker
(?)
Jan 04, 2021
There are many issues in greater Minnesota, ranging from succession planning to lack of technology. No one can fix anything alone but working together, through the bar association, we are able to draft legislation and pave the way for future attorneys.
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CATEGORY
Colleague Corner
The genius of gratitude
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Joseph P. Beckman
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Jan 04, 2021
Studies have shown that, typically within 21 days, a nightly “gratitude journal” can be as effective as commonly prescribed antidepressants. Moreover, these studies suggest that the effects of journaling are not tempered by side effects or plateau.
Full story
CATEGORY
Wellness
Notes & Trends January 2021
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(?)
Jan 04, 2021
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CATEGORY
Notes & Trends
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