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 →A board of directors of a corporation is the governing body of the corporation that helps facilitate the high-level direction and advances corporate objectives. In addition to those responsibilities, …
READ MORE →2017 Update: Minnesota’s Anti-SLAPP Statute Ruled Unconstitutional The Minnesota Supreme Court held that Minnesota’s Anti-SLAPP Statute was unconstitutional as applied to claims at law alleging torts. …
READ MORE →Minnesota Deceptive Trade Practices Act Minnesota’s Deceptive Trade Practices Act (“DTP”) creates a private right of action for a person who is injured by a deceptive trade practice. Deceptive Trade …
READ MORE →What Records Must You Keep About Your Employees? Under federal law and Minnesota state law, employers are required to keep a variety of records about their employees. Federal Law Federal law requires …
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, medical cannabis is defined as cannabis provided to a registered patient taken as a liquid, pill, or by vaporizing. Minn. Stat. § 152.22, subd. (6). The following information was …
READ MORE →Copyright is a form of intellectual property that grants the creator of an idea or work of art exclusive rights to the material. In order to copyright material it must be an original work and must be …
READ MORE →The trademark registration process is not a very difficult process; however, it can be a long process. The typical process usually takes about 10 months, and if there are any errors or mistakes in the …
READ MORE →Is a Claim for the Breach of a Contractual Representation of Future Legal Reliance Actionable? Recently in a certified question, the Minnesota Supreme Court found that under Minnesota Law a claim for …
READ MORE →Remedies for Violations of Minnesota Franchise Act 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 …
READ MORE →The Truth in Lending Act (TILA) was originally passed in 1968 and focuses on the uniform disclosure of credit terms to facilitate consumers shopping for the best credit terms available to them. …
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 →Capitalization for Corporations: Shares & Preferred Stock Essentially, Minnesota corporations have two options to raise capital. The corporation can issue shares of the corporation stock or it can …
READ MORE →Update: The article below was written under Minnesota Statutes chapter 322B, which was replaced in 2015 by Minnesota Statutes chapter 322C. For a more current article, see Member-Managed vs. …
READ MORE →Civil Theft 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, …
READ MORE →What Is a Casualty Loss and How Do Businesses Deduct One? 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 …
READ MORE →More Cities and States Join the “Ban-the-Box” Movement The first two parts of this series focused on employers’ obligations under the Fair Credit Reporting Act when conducting background checks and …
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 →Protecting your Business’ Reasonable Expectation of Prospective Business Relationships and Economic Advantage The Common Law Claim – Wrongful Interference with Business Relationships Until March 2014, …
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 →Damages may be recovered in an action for trespass even though those damages may be nominal_. Sime v. Jensen_, 7 N.W. 2d 325, 328 (Minn. 1942). General Compensatory Damages In a trespass claim, …
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 public disclosure. …
READ MORE →Fiduciary duties arise out of the relationship of special confidence between parties. Per the Minnesota Court of Appeals, a fiduciary duty is “the highest standard of duty implied by law” and includes …
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, false pretense, false promise, …
READ MORE →Misrepresentation is a term used in contract law that refers to false statements made by a party when attempting to enter or get out of a contract or business agreement with another party. There are …
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 …
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