Is it Really a Licensing Agreement, or Did You Create a Franchise? Starting a franchise is expensive and is highly regulated not only by Minnesota Statutes, but also by the Federal Trade Commission. …
READ MORE →A person’s home is his or her castle. It should be a place of calm, comfort, and sanctuary. Unless you live out in the country on lots of land, you will be in close proximity to other people’s homes …
READ MORE →Minnesota’s Anti-SLAPP Law: A Powerful Tool to Combat against Unfounded Defamation Lawsuits Lawmakers have recognized that defamation lawsuits (e.g. claims libel or slander) are sometimes used as …
READ MORE →A cooperative association, also known as a co-op, is a type of business that can be incorporated in Minnesota under the Minnesota Cooperative Law (prior to 2003) or the Minnesota Cooperative …
READ MORE →Common disputes between Minnesota real estate brokers and their agents include unauthorized practice of law, fraud, broker misconduct, negligence, misrepresentation or failure to disclose material …
READ MORE →At some point, it will be time for a business owner to determine a company’s future without the owner’s involvement. There are eight common ways for business owners to leave their companies. A …
READ MORE →Family Cabin LLCs & Trusts While a family cabin is often filled with happy memories, conflict can arise when the cabin’s owner dies. Now comes the time to plan future ownership and …
READ MORE →Minnesota Court of Appeals: Reilly v. Antonello, 852 N.W.2d 694 (2014) Application of MUFTA Between Spouses This published court of appeals case, decided in August 2014, dealt with an alleged …
READ MORE →Minnesota Court of Appeals: Fay v. Department of Employment & Economic Development, 860 N.W.2d 385 (Minn. Ct. App. 2015) Defining “Good Cause” for Failing to Participate in …
READ MORE →In the recent real estate collapse, many homeowners entered into contracts with companies, called “equity purchasers,” who told them they could save their home from foreclosure. In these types of …
READ MORE →Minnesota Court of Appeals Nygaard v. Nygaard No. A13-0276, 2014 WL 349647 (Unpublished) Although the Nygaard v. Nygaard case is an unpublished one, it presents an interesting issue of usurping …
READ MORE →Sometimes the shareholders of a corporation decide that it is time to close the business. There are multiple tasks and documents to be filed to voluntarily dissolve a Minnesota corporation. Below is a …
READ MORE →How Does it Affect Employers with Out-of-State Locations? Whether Minnesota’s new “Ban-the-Box” law (codified as Minn. Stat. § 364.021) applies to an employer is going to depend on a few factors. In …
READ MORE →Introduction In this video, you get answers to thius question: Can you get a trademark for Cannabis related goods and services? The following provides guidance to business owners who want to obtain a …
READ MORE →The U.S. government is the world’s largest buyer of products and services, to the tune of about $200 million a year. It is obvious that many companies elect to bid on federal government contracts …
READ MORE →Minnesota Court of Appeals Published Decision: Unclean Hands Not Complete Bar to Receiving Equitable Relief On February 17, 2015, the Court of Appeals held in a published decision that “[a] district …
READ MORE →Agreements between vendors and buyers are of the utmost importance because these agreements will define the relationship between the parties, have clear goals and objectives, and save both parties …
READ MORE →The WARN Act protects employees by requiring employers to provide 60 days notice of plant closing and mass layoffs. Below are some FAQ regarding the WARN Act. Which companies are covered by the WARN …
READ MORE →If you are owed money, can you take someone’s website? If you own a website, can you lose it to your creditors? These issues were recently decided by the Minnesota Court of Appeals. Specifically, the …
READ MORE →An employee is presumed to be an at-will employee if there is “an employment agreement with no definite expiration date.” Rosenberg v. Heritage Renovations, LLC, 685 N.W. 2d 320, 326 (Minn. 2004). As …
READ MORE →The following is a guest article from Thomas H. Hubler of Hubler for Business Families. Setting Expectations and Criteria for Next Generation Leaders is Essential Family businesses are all about the …
READ MORE →When Money is Tight and Risk is Low, an LLC or S Corp are Less Valuable People starting a small part-time business have asked me whether they should invest in forming an LLC or S corporation. In …
READ MORE →A Coffee-Mark Hypothetical Consider a hypothetical that tracks the kind of dispute trademark owners regularly face. A coffee company owns a well-known trademark for its line of blended, ice-based …
READ MORE →The Significance of Triple Five v. Simon for Partnership Law in Minnesota The saga of the Triple Five decisions has great significance for partnership law in Minnesota. The case greatly expanded the …
READ MORE →How Do Courts Interpret Fiduciary Duty Limitations and Waivers? Courts take divergent approaches when interpreting partnership agreements that limit or waive fiduciary duties. Some enforce waivers …
READ MORE →The Triple Five v. Simon Case Facts Developing the Mall of America The story of the Triple Five decisions begins with an idea to build the largest shopping mall in the United States, the Mall of …
READ MORE →Statutory Limitations on Partners’ Fiduciary Duties Introduction States have adopted, with some modifications, a number of model laws applicable to partnerships. The Uniform Partnership Act of 1914 …
READ MORE →I suspect that most of you are very familiar with Disney and its signature spokesperson, Mickey Mouse. There are probably fewer of you that are familiar with Deadmau5 (pronounced “dead mouse,” real …
READ MORE →In Minnesota, you may be able to sue someone who improperly interferes with a likely business relationship. A helpful summary of “tortious interference with prospective contractual relations” is …
READ MORE →Outside the trademark arena, the idea of unfair competition exists in both the common law and statute to protect businesses that have suffered an injury through deceptive or wrongful business …
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