In this video, you get answers to these questions: How do you create a contract in Minnesota? Can you have an oral contract or does it have to be in writing? What provisions have to be in the contract? What three elements are involved in a contract? Contracts are agreements that are formed between or…
All Minnesota contracts contain three basic concepts: offer, acceptance, and consideration. Offer and acceptance mean exactly what you think they mean. Consideration is what each side gives up in exchange for the benefit that he or she is receiving. Sometimes this is payment of money, sometimes it is doing something the person is not obligated…
A fiduciary is a person required to act for the benefit of another within the scope of their relationship. A fiduciary owes a certain standard of loyalty or care toward another. What are the Consequences of a Fiduciary Breaching a Duty to Another? A fiduciary that breaches his or her fiduciary duty is liable for…
Owners in a closely-held corporation owe duties to each other. An owner, or shareholder is subject to legal liability if he or she violates a duty owed to another owner, or shareholder. The duties owed can be complex. Fiduciary Duties Owed by Business Owners in Minnesota In Minnesota, the shareholders in a closely-held corporation owe…
Once you are past the basics of forming an LLC you need to ponder other practical considerations. Your business needs a bank account. You may need additional licensing for your business. You will need to renew your business on occasion, or at some point, you may wish to let it lapse. Business Bank Account…
Frequently, many of the same basic questions arise when forming one’s own business in Minnesota. Answers to the three most common questions are below. Location of the Business – Can I Use My Home Office? Must your business have a physical address? Yes. However, you can use the address of your business’ virtual office. Virtual…
Buying a home may be the biggest and most important financial transaction of your life. Most people need a qualified real estate professionals to help guide them through the complicated world of Minnesota’s real estate transaction process and help them steer clear of problems. Minnesota real estate transactions involve many professionals including real estate agents,…
Employment may be governed by a contract or, if none exists, basic rules of law. These basic rules have existed for centuries and provide an understanding of what will happen without a contract. At-Will Employment Default and Exceptions Unless there is an employment contract or agreement, employment in Minnesota is “at-will.” This means that either…
Recently, I wrote about the test for determining whether a religious organization qualifies as a church, and thus, a tax exempt organization, even though the organization does not obtain 501(c)(3) status by completing Form 1023. Another important issue for churches seeking tax-exempt status as a 501(c)(3) is whether their belief system will qualify as a…
When you get injured on the job, you have a lot of questions. Are worker’s compensation benefits at issue? Can a worker be denied worker’s compensation benefits? Worker’s compensation benefits are often denied. Worker’s compensation insurers deny claims by filing a Notice of the Denial stating the reason for the denial. The Notice of the Denial…
Churches may wonder whether they must file IRS Form 1023 to be considered a tax-exempt religious organization under 501(c)(3). The IRS Instructions to Form 1023 provide the following: Form 1023 not necessary. The following types of organizations may be considered tax exempt under section 501(c)(3) even if they do not file Form 1023. Churches, including…
Homeowners who are facing a foreclosure of their home are understandably concerned about the impact this will have on them and whether they will owe money to the mortgage company (hereafter “bank”) after the foreclosure. This is part four of a series on Minnesota foreclosures, explaining deficiency judgments that result from a foreclosure in Minnesota….
Many Minnesota homeowners are facing foreclosure during these difficult economic times. Minnesota homeowners may wonder about the foreclosure process in Minnesota and the legal consequences of a foreclosure. This is part two of a series on Minnesota foreclosures, and covers the basics of foreclosure by advertisement. Before reading this section, you might want to read…
If the bank is foreclosing on your home, you may be wondering about the process and the legal consequences of a Minnesota foreclosure. This is part three of a series on Minnesota foreclosures, explaining foreclosure by action. For an overview of Foreclosure by Advertisement and Foreclosure by Action, read the first part on Minnesota Foreclosures….
This article discusses the basics of Minnesota foreclosures. This is part one of a series on Minnesota foreclosures: Minnesota Foreclosure Law: Foreclosure Basics Minnesota Foreclosure Law: Foreclosure by Advertisement Minnesota Foreclosure Law: Foreclosure by Action Minnesota Foreclosure Law: Deficiency Judgments Minnesota Foreclosure Law: Foreclosure of a 2nd Mortgage Let’s start by explaining what a foreclosure…
Whether to start a lawsuit is a difficult decision. As a Minnesota litigation attorney, I offer these tips to people considering suing someone. If you are considering a lawsuit (litigation), the cost and other options to resolve disputes may be worth examining. In general, there are several factors that you should consider before deciding to…
Minnesota Debt Collections & Minnesota Judgment Collections After you win, the court’s judgment is valid for 10 years unless you renew it. Unfortunately, even though you won your case, you probably won’t immediately get your money from the defendant. In fact, you may never get it. A court order may say that the defendant owes…
Do you want to sue someone in Minnesota without an attorney? Here are a few considerations to help you get started. Before you enter into a lawsuit, you might want to read this article with some alternative options to beginning a lawsuit: Should I File a Lawsuit? Jurisdiction Do the Minnesota Courts Have Jurisdiction? If…
This article summarizes the steps involved in starting a 501(c)(3) nonprofit organization in Minnesota. Introduction There are two stages to consider when creating a nonprofit organization in Minnesota: first, drafting and filing the legal documents required to create a nonprofit organization, and second, applying to the IRS for 501(c)(3) status, if desired. Stage 1: Form…
If you are wondering whether your injuries are serious enough to sue, they probably are not. For example, a cut, bruise, or minor flesh wound that heals after a few days is in the category of very minor injuries. At the other extreme are serious injuries such as permanent disability, permanent disfigurement, and injuries that…
If you want to start a small business, you can form a new LLC (limited liability company) in Minnesota without hiring an attorney. You will save the expense of attorney’s fees, but you also will not have the counsel of a business attorney and will have some other risks. The risks are explained at the…
Every trademark attorney knows that a generic term cannot be trademarked. However, using a small exception to that rule, Best Buy registered a federal trademark in “best buy,” even though a court had previously ruled that “best buy” was generic. For a great summary of the situation, read Best Buy, Resurrected From the Trademark Graveyard?…
As a Minnesota business attorney, I am often asked questions related to Minnesota noncompete agreements. Below I explain an overview of Minnesota noncompete law and answer common questions. Overview If you are an employee, employer, or independent contractor in Minnesota, 2023 brought a huge change in the law affecting you. The Minnesota Legislature passed a bill…
This article explains whether RSS feeds are copyrighted. In short, the answer is YES. What is RSS? Websites are normally accessed with a web browser. RSS is a technology that allows a webpage (blog, etc.) to be accessed without a web browser. RSS can be accessed by many tools, including an RSS reader, which is…
Minnesota business owners in a partnership may desire to limit the fiduciary duties they owe each other. They may ask their lawyer to draft a partnership agreement providing limitations on their duty to disclose to each other. They may also ask their lawyer to include a provision allowing the partners to compete with the partnership….
The Minnesota Federal District Court is currently hearing arguments regarding whether a company can use Google AdWords to place ads on a SERP (search engine results page) when someone searches for a competitor’s name. In 2005, one court ruled that Google could permit competitors of GEICO insurance to target people who search for “GEICO,” but…
Some people find themselves in a situation where they cannot pay their IRS tax debt. For example, a taxpayer may owe taxes but cannot pay because the taxpayer has little money compared to the taxpayer’s debts. If the IRS is convinced that the IRS will probably not recover the amount owed, the IRS may make…