Commercial disparagement under the common law allows a cause of action when a defendant makes a false, misleading, or deceptive representation about another’s goods or services. Minnesota In …
READ MORE →A Minnesota business can sue a competitor whose advertising makes a false or misleading statement of fact, and two bodies of law apply. Section 43(a) of the federal Lanham Act, 15 U.S.C. § …
READ MORE →Paris Convention The Paris Convention applies to patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications, the repression of unfair competition and …
READ MORE →There are situations where you can use another company’s trademark and have that use protected as “fair use.” Some words used as trademarks also carry an independent descriptive, surname, or …
READ MORE →Someone has registered a domain name built on your company’s trademark, and it either sits for sale, points customers to a competitor, or carries content you would never publish. The …
READ MORE →Operating a franchise involves the combination of these three elements: A license to use a trade or service mark, The payment of a fee by the franchisee to the franchisor for the right to enter a …
READ MORE →Minnesota’s general usury law is codified in Minnesota Statutes Chapter 334. It sets a six percent legal rate of interest when the parties do not contract for interest in writing, and it caps contract …
READ MORE →In a commercial general liability (CGL) policy, the expected or intended injury exclusion removes coverage when the insured meant to cause harm or expected harm with a high degree of certainty. A …
READ MORE →Commercial general liability insurance policies for businesses are necessary. They protect businesses against covered claims if they are ever sued. There are a number of exclusions in a lot of …
READ MORE →Business owners are typically very good at, and excited about the business, however they may not be good at the legal issues that come with forming and owning a business. Business attorneys work with …
READ MORE →The 2014 legislative session brought significant changes to Minnesota Statutes Chapter 179A, the Public Employment Labor Relations Act (PELRA). The statute provides that sections 179A.01 to 179A.25 …
READ MORE →If a competitor, a former partner, or a former employee cost you business you expected to win, and did it through conduct that was itself tortious or unlawful, Minnesota recognizes a claim: tortious …
READ MORE →There are many different ways to form a business under Minnesota Law and one of them is a Limited Liability Partnership. A Limited Liability Partnership is basically a general partnership that has …
READ MORE →OSHA The Minnesota Occupational Safety and Health Act’s purpose is “to assure so far as possible every worker in the state of Minnesota safe and healthful working conditions and to preserve our human …
READ MORE →A vice president may need to determine whether she is a company officer. This issue comes up in legal issues, company documents, and lawsuits. For example, Goldman Sachs recently found itself in …
READ MORE →If you serve on a corporation’s board of directors, your role carries more than strategy: as a director you owe the corporation fiduciary duties. Minn. Stat. § 302A.251, subd. 1. You must discharge …
READ MORE →If you are sued in Minnesota over something you said, posted, or reported to a government body, Minnesota’s anti-SLAPP law may let you ask the court to dismiss the claim early and require the …
READ MORE →Minnesota’s Deceptive Trade Practices Act (“DTP”) creates a private right of action for a person who is likely to be damaged by a deceptive trade practice. Under Minn. Stat. § 325D.44, subdivision 1, …
READ MORE →Under federal law and Minnesota state law, employers are required to keep a variety of records about their employees. Federal Law Federal law requires employers to keep information regarding their …
READ MORE →On August 4, 2014, the Minnesota Department of Health published the first draft of rules for the two persons/companies who are chosen as Minnesota’s two medical marijuana manufacturers. Below are some …
READ MORE →When a franchisor violates the Minnesota Franchise Act, you can sue it for the damages the violation caused, for rescission of the franchise agreement, or for other relief a court considers …
READ MORE →The Truth in Lending Act (TILA) was enacted on May 29, 1968, as Title I of the Consumer Credit Protection Act, and it focuses on the uniform disclosure of credit terms so that you can compare and shop …
READ MORE →Conversion is unlawfully taking or using someone’s property in a way that prevents the lawful owner from enjoying the full rights and benefits of ownership. This article explains conversion law in …
READ MORE →A governor is a member of the board of a board-managed Minnesota LLC. An LLC has governors only if its operating agreement makes it board-managed; a member-managed LLC (the default) or a …
READ MORE →Minnesota’s civil theft statute makes a person who steals personal property liable to the owner for the property’s value when stolen. The statute adds a punitive amount of $50 or up to 100% of that …
READ MORE →A casualty loss is a loss arising from fire, storm, shipwreck, or other casualty.[6] It is treated as sustained during the taxable year in which the loss occurs as evidenced by closed and completed …
READ MORE →Benjamin Peeler, JD, CPA, LL.M., at Eide Bailly A recent tax court case reminds us that not all published guidance from the IRS serves as an authoritative source of information to use in complying …
READ MORE →Until March 2014, the Minnesota Supreme Court had not set out the elements of a claim for tortious interference with prospective economic advantage, and defendants could argue that the court had not …
READ MORE →Star Tribune: Business Attorneys, Aaron Hall & Maureen Carlson Business Law Firm at Center of New Industry JUX (formerly Thompson Hall), a business law firm in Minneapolis, filed a Supreme Court …
READ MORE →If someone trespasses on your real property, you can recover damages even where those damages are only nominal in amount. Sime v. Jensen, 213 Minn. 476, 481, 7 N.W.2d 325, 328 (Minn. 1942). A more …
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