Minnesota did not recognize privacy torts until the 1998 case Lake v. Wal-Mart Stores, Inc., 582 N.W.2d 231 (Minn. 1998). The Lake decision finally recognized the privacy torts of appropriation, …
READ MORE →Fiduciary duties arise from a relationship of special confidence, one that exists “when confidence is reposed on one side and there is resulting superiority and influence on the other.” Toombs v. …
READ MORE →This article explains fraudulent misrepresentation, also known as fraud, under the common law. Even though this claim is based on the common law, it remains alive and relevant today. A common law …
READ MORE →The Minnesota Consumer Fraud Act (“CFA”) provides protection for Minnesota consumers. The CFA makes it unlawful for any person to act, use or employ “any fraud, unfair or unconscionable practice, …
READ MORE →No Minnesota statute creates negligent retention or negligent supervision claims in general. One statute reaches an employer of a psychotherapist. Under Minn. Stat. § 604.202, that employer “may be …
READ MORE →Unjust enrichment is a Minnesota equitable claim that lets you recover the value of a benefit another party received and cannot fairly keep, even when you never signed a contract. Minnesota courts …
READ MORE →In Dahl v. Regents of University of Minnesota, No. A12-1076 (Minn. Ct. App. Mar. 25, 2013) (unpublished), Peg Dahl, the former CFO of the University of Minnesota Press (“U Press”), took the position …
READ MORE →“Fair use” means different things in trademark law and copyright law. In trademark law, it refers to situations where a third party may use someone else’s mark without infringing, covered first below. …
READ MORE →Minnesota attorney Aaron Hall speaks with Dr. Jeffery Stamp, inventor of the “Baked! Lays Potato Crisp” and founder of Bold Thinking Institute, about some of the problems new businesses face and how …
READ MORE →Minnesota attorney Aaron Hall speaks with Brian Call, president of Rubicon Mortgage Advisors, about Rubicon Mortgage Advisors and the mortgage industry as a whole. Brian Call, CRMS, MMS President, …
READ MORE →Ex-employees sometimes bring workplace defamation claims against their former employer alleging that statements made in connection with that employee’s dismissal were defamatory. While a majority of …
READ MORE →Minnesota gives a person a civil claim when someone disseminates a private sexual image of that person without consent, under the conditions in Minn. Stat. § 604.31. The court may award general and …
READ MORE →In Minnesota, you now have the option of creating a Public Benefit Corporation for your social enterprise. This lets you combine the benefits of a business with a charitable purpose like a nonprofit …
READ MORE →Governor Mark Dayton signed the Responsible Contractor bill (H.F. 1984) into law on May 16, 2014, creating a requirement now codified at Minn. Stat. § 16C.285. The idea of a “responsible contractor” …
READ MORE →Imagine you walk into a bank to open a new checking account for your business. The banker says you must provide proof that you own the business. You hand the banker the articles, bylaws, member …
READ MORE →It is common in Minnesota for employers to offer severance compensation to employees. These types of agreements vary greatly from business to business and provide an opportunity for the employer to …
READ MORE →In 2014, Governor Dayton approved a package of bills titled the Women’s Economic Security Act to enhance conditions for women in the workplace. A portion of that law, now at Minn. Stat. § 363A.44, …
READ MORE →We will occasionally meet a company owner who is personally motivated to sell but feels that there are several things that need to be improved before the company is ready to be put on the market. This …
READ MORE →The Green Acres Program provides property tax relief for owners of agricultural property in areas where the market value of land is being affected by development pressure, sales of recreational land, …
READ MORE →The Special Agricultural Homestead provision extends homestead status to property owners who do not live on their farm but actively farm their land or who have a spouse or a child who actively farms …
READ MORE →During the 2001 legislative session, Minnesota enacted the first state property levy since taxes payable in 1967. The tax is only on certain properties and was enacted as part of a property tax reform …
READ MORE →This fact sheet is the second in a series of three fact sheets that were designed to assist taxpayers in the understanding of the basic concepts of their annual assessment and property tax …
READ MORE →This fact sheet is the first in a series of three fact sheets that were designed to assist tax payers in the understanding of the basic concepts of their annual assessment and property tax …
READ MORE →Each spring your county sends you a property tax bill. Three factors that affect your tax bill are: the amount your local governments (town, city, county, etc.) spend to provide services to your …
READ MORE →Minnesota classifies every parcel of real property according to its use on the assessment date (January 2) and that classification directly determines the tax capacity rate applied to the parcel. …
READ MORE →Minnesota sales tax applies to lawn and garden maintenance, indoor plant care, tree and shrub services, and other taxable services discussed in this fact sheet. For more information, see: Fact Sheet …
READ MORE →Minnesota sales tax does not apply to landscaping construction contracts for improvements to real property, but sales tax does apply to landscaping maintenance contracts to maintain a pre-existing …
READ MORE →In today’s world, new technologies have made it possible for employers to monitor many aspects of their employees’ activity. Recent surveys have found that a majority of employers do monitor their …
READ MORE →Unfair competition is a broad category of business torts, not a single cause of action with specific elements. Minnesota courts recognize it as a catch-all for claims protecting commercial interests, …
READ MORE →The Minnesota Business Corporation Act, codified in chapter 302A of the Minnesota Statutes, is the statute that governs most Minnesota business corporations. Minnesota enacted it in 1981. From July 1, …
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