Setting up a Special Litigation Committee (“SLC”) is a great way to deal with a conflict of interest in a company. A Special Litigation Committee allows the company to keep control of legal claims …
READ MORE → Sale representatives paid on commissions have significant legal rights in Minnesota. This article explains the legal protections available to sales representatives who are employees in Minnesota. …
READ MORE → Overview This story illustrates how two entrepreneurs can accidentally find themselves in a partnership. A partnership doesn’t need to be registered with the state. A partnership can begin whenever …
READ MORE →If you are an officer or director accused of making a bad decision, the “business judgment rule” is an important defense to understand. Directors and Officers Owe a Duty of Care In general, directors …
READ MORE → Every Minnesota business needs to have an address on record with the Secretary of State. This is called the registered office. Instead of providing a physical address, you can use a registered …
READ MORE →August 2009 A surveyor colleague of mine came back from a continuing education class a while ago and said that the lawyer instructor wished out loud that the Torrens system would go away. The lawyer, …
READ MORE →Among real estate agents and brokers, some types of referral fees, commissions, and fee sharing are permitted. Other types of fee sharing are prohibited by Minnesota real estate statutes and …
READ MORE →When you name your LLC or corporation, you need to decide which entity designation to include at the end. For example, “Angie’s Plumbing” might become “Angie’s Plumbing LLC” to indicate Angie’s …
READ MORE →What is a private attorney general statute? A “private attorney general” statute authorizes a court to award attorney’s fees to a party that hires a private attorney to address an injustice that harms …
READ MORE →If you’re running EOS® (the Entrepreneur’s Operating System) in your business, you have experienced firsthand how beneficial it can be to your company’s growth. Like all learning tools and systems, to …
READ MORE →Guide for Charity Board Members This Guide is provided by the Minnesota Attorney General’s Office to assist board members with the important responsibilities they assume when elected to a nonprofit …
READ MORE →Minnesota nonprofit organizations are governed by the Minnesota Nonprofit Corporation Act, Minn. Stat. ch. 317A. A nonprofit corporation’s purpose and activities must serve the organization’s mission …
READ MORE →As a business attorney in Minneapolis, I regularly meet clients at locations throughout the Twin Cities. Over the years, I’ve compiled this directory of free and affordable meeting spaces for …
READ MORE →Are Online “Click to Accept” Agreements Valid? This is an archived copy of an article that originally appeared in Communications Lawyer, published by the ABA in January, 2015. From the Chair: “Click …
READ MORE →Introduction Social clubs are exempt from federal income tax under IRC 501(a) as organizations described in IRC 501(c)(7) if they are “organized for pleasure, recreation, and other nonprofitable …
READ MORE →The following are terms and definitions for conservatorship and guardianship, and related concepts. Please note, these are common definitions, but precise legal definitions may vary depending on how a …
READ MORE →Video: Learn About Receipt and Release Forms In this video, you get answers to these questions: What is a receipt and release form? Who is a trustee? What if a receipt and release was not signed? …
READ MORE →This article is for people wondering whether to select “S Corporation” or “Personal Service Corporation” when applying for an EIN on the IRS.gov website. Let’s assume you are in the process of setting …
READ MORE →Negligent misrepresentation involves making false statements without the intention to deceive, often due to a lack of reasonable care. Plaintiffs must establish that the defendant breached a duty of …
READ MORE →This article answers questions about how federal employment discrimination law applies to religious dress and grooming practices, and what steps employers can take to meet their legal responsibilities …
READ MORE →Yes, “indemnify” generally means the same as “hold harmless.” When considering whether “indemnify” is synonymous with “hold harmless” in a Minnesota statute, the Minnesota Court of Appeals held that …
READ MORE →Are Employees Liable to Their Employers for Negligence? In general, an employee cannot be liable to an employer for the employee’s negligence. Can a Minnesota Employer Sue an Employee for Damages …
READ MORE →What is Quantum Meruit? Translated, quantum meruit means “as much as he merited” or “as much as he/she deserved.” In law, quantum meruit is a doctrine that allows someone to recover the value of …
READ MORE →What is Quantum Valebant? Quantum valebant is exactly like quantum meruit, but with one important distinction: quantum meruit applies to the value services, while quantum valebant applies to the value …
READ MORE →Introduction What is the difference between an agreement implied in fact and an agreement implied in law? A contract implied in fact is where there is no express contract, but the conduct of the …
READ MORE →Members of Minnesota nonprofit organizations have a variety of legal rights established in the Minnesota Statutes. These rights are especially important when the members have a dispute with their …
READ MORE →An uncovered asset is simply property or something else of value that has been revealed to exist. Uncovered means found or discovered. Assets are generally anything of value including money personal …
READ MORE →Recording a Deed is Not Necessary to Avoid Probate Transferring real estate into a trust will generally avoid probate, even if the real estate deed was never recorded. In general, a deed does not need …
READ MORE →Business owners who bought into a franchise often wonder, “Can I sell my business?” In short, yes, you can. The Minnesota Franchise Act specifically entitles you to sell your business. This cannot be …
READ MORE →In Minnesota, estates valued at $75,000 or less can skip probate entirely using an Affidavit of Collection under Minn. Stat. sections 524.3-1201 through 524.3-1204. This process requires only a …
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