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 →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 have been sued over something you said in public, Minnesota gives you a procedure for asking the court to dismiss the claim early. That procedure comes from the Uniform Public Expression …
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 →Under Minnesota law, the statutory definition of medical cannabis formerly located at Minn. Stat. § 152.22, subd. 6, has been repealed, and the current text of § 152.22 does not contain this …
READ MORE →Under the Minnesota Franchise Act (MFA) there is a private right of action for franchisees, and anyone who violates the MFA is liable to the franchisee. There are a number of different ways the …
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 →Have you ever had something stolen? Even if you know who stole it, sometimes it is hard to prove. Or perhaps you don’t want the police involved. If you don’t pursue criminal theft charges, what are …
READ MORE →A casualty loss is a loss by fire, storm, or shipwreck, treated as sustained during the taxable year in which the loss occurs as evidenced by closed and completed transactions and as fixed by …
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, Minnesota had not formally recognized a claim for tortious interference with prospective economic advantage. A common law claim, its roots can be traced to three important Minnesota …
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 …
READ MORE →Privacy torts were not recognized until the 1998 case, Lake v. Walmart Stores. The Lake decision finally recognized the privacy torts of appropriation, intrusion upon seclusion, and publication of …
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 →“Piercing the corporate veil” is a legal doctrine that allows owners of a company to be liable for acts of the company. “Piercing the corporate veil” is widely accepted legal concept in Minnesota. …
READ MORE →Corporations, Limited Liability Companies, General Partnerships, and Limited Partnerships are legal entities separate and distinct from their owners depending on what type of business structure the …
READ MORE →Minnesota employers can be liable for the acts of their employees under the legal doctrines of negligent supervision and negligent retention. Negligent Supervision Liability for negligent supervision …
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, WL 1187996 (Minn. Ct. App. Aug. 6, 2013), the former CFO, Peg Dahl, of the University of Minnesota Press (“U Press”) took the position of …
READ MORE →The notion of fair use is something that every person or party with a trademark or copyright should be aware of. While having a trademark and a copyright exists to provide protection so the person who …
READ MORE →Usually, false advertising claims are brought under the Lanham Act, a federal statute, and Minnesota’s Uniform Deceptive Trade Practices Act (“DTPA”), Minn. Stat. §§ 325D.43 to 325D.48. The Lanham …
READ MORE →