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The official publication of the Minnesota State Bar Association


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MSBA President 2019-20 – Tom Nelson: A Life of Service

Tom Nelson, a partner at Stinson, LLP (née Leonard, Street and Deinard) and the incoming President of the Minnesota State Bar Association, isn’t shy about telling his age. He just doesn’t think it’s particularly relevant to his life choices.  BY AMY LINDGREN


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

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.  BY WILLIAM J. WERNZ

 


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The Case for Mandatory Legal Malpractice Insurance

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.  BY SETH LEVENTHAL


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U.S. Supreme Court Protects Trademark Licensees

Tempnology decision eliminates bankrupt entities’ power to rescind most executory contracts. 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.  BY GEORGE H. SINGER AND AARON E. BROWN

 



2019 Legislative Session Recap

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.  BY BRYAN LAKE

Colleague Corner
Meet Johanna Clyborne: 'Every day I learn new things'

Johanna Clyborne is a partner of the Shakopee-based law firm Brekke, Clyborne, and Ribich, L.L.C., where she focuses on family law, military pension, and federal benefits.

New Lawyers
Success from the bottom: A new lawyer’s perspective

As a student who didn't graduate in the top 10 percent of her class, I want to let you know that being in the bottom 50 percent isn’t a career death sentence if you know how to stop sulking about the past and get creative. BY DEBORAH AUTREY


Professional Responsibility 
Disclosing errors

Everyone makes mistakes. Law is a challenging field, and the stakes are often high for our clients. It has long been the position of the Lawyers Professional Responsibility Board that lawyers have an ethical duty to their clients to disclose errors that may provide a reasonable basis for a non-frivolous malpractice claim.

Law & Technology
Physical security should be part of your incident response plan

Physical security is too often seen as a category separate from cybersecurity, even though they both share the same objectives. Just as an organization should have practiced, well-documented measures in place for responding to a data breach, it should be well known what the procedure is for handling physical breaches of security.


 

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