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March 2021
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Bench & Bar of Minnesota
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Recent Issues
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March 2021
The official publication of the Minnesota State Bar Association
March 2021
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Democracy goes to court: Litigating voting rights and election administration in Minnesota in 2020
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By George W. Soule & Anna Veit-Carter
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Mar 01, 2021
Minnesota political parties, voter organizations, voters, and election officials fought in court over many aspects of voting and elections. The lawsuits continued after the election, contesting the results of several Minnesota races. This article will review the key Minnesota legal battles over voting and elections in 2020.
Full story
CATEGORY
Litigation
Features
What would a discipline office do? Examining the high-profile complaints against election attorneys from a lawyer regulatory perspective
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WILLIAM J. WERNZ
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Mar 01, 2021
It’s no surprise that a presidential election as bitterly fought as last November’s should also yield a lot of litigation—and a striking volume of complaints from lawyers regarding the conduct of other lawyers. Although many lawyers were involved in the electoral challenges, the spotlight here is on complaints regarding four prominent lawyers.
Full story
CATEGORY
Professional Responsibility
Litigation
Features
It only sounds like common sense: Why repealing the seat belt evidence rules serves no public purpose
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Genevieve M. Zimmerman, Patrick Stoneking, & Joel D. Carlson
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Mar 01, 2021
Eliminating Minnesota’s long-standing seat belt evidence rule, as recently promoted in one Bench & Bar article, would result in the largest windfall to negligent drivers and their insurance companies that lawmakers could ever give them.
Full story
CATEGORY
Personal Injury
Features
TODD: A game-changer from the 8th Circuit
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Sam Calvert
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Mar 01, 2021
In early February the 8th Circuit Court of Appeals issued an opinion that should horrify anyone who has prepared a transfer-on-death deed (TODD) for a client.
Full story
CATEGORY
Features
Estate Planning
Defending the rule of law
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Dyan Ebert
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Mar 01, 2021
The events of the last year have taught me that the most important leadership role that a lawyer has in our society does not bring with it a formal title or appointment. The most important professional obligation we have is to defend the rule of law.
Full story
CATEGORY
President's Page
Private discipline in 2020
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Susan Humiston
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Mar 01, 2021
In 2020 the Director’s Office closed 82 complaints with admonitions—a form of private discipline issued for violations of the Minnesota Rules of Professional Conduct that are isolated and nonserious. Another 20 complaints were closed with private probation, a stipulated form of private discipline approved by the Lawyers Board chair.
Full story
CATEGORY
Professional Responsibility
Ransomware and federal sanctions
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MARK LANTERMAN
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Mar 01, 2021
Given the increased reliance on remote work capabilities in 2020, ransomware attacks abounded. This added threat led the U.S. Department of the Treasury’s Office of Foreign Assets Control to issue an advisory in October detailing the additional compliance risks associated with paying ransoms.
Full story
CATEGORY
Technology
Colleague Corner: Meet Anu Chudasama ‘I like to get involved’
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Mar 01, 2021
As far back as I can recall, I’ve been someone who signs up for different clubs and organizations and volunteers. I like to get involved and help others. The legal community provides ample opportunity for this, given all the committees and bar associations it takes to regulate, facilitate, and improve the profession for lawyers and those we serve.
Full story
CATEGORY
Colleague Corner
New Lawyers: Covid-19 and force majeure What every attorney ought to know
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Rachel D. Zaiger
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Mar 01, 2021
Covid-19 has been dubbed a whole host of things: a global pandemic, a national health emergency, the novel coronavirus, unprecedented, Rona, the list goes on. Another phrase that has frequently been thrown into the mix? Force majeure.
Full story
CATEGORY
COVID-19
New Lawyers
Construction law: Covid-19 forces contractors to examine AIA agreements
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Taylor Stemler
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Mar 01, 2021
This essay was the first-place winner in the MSBA Construction Law Section’s 2020 writing competition.
Full story
CATEGORY
Construction Law
Features
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