Can I Pick a Business Name if a Similar One Already Exists?
Business

Can I Pick a Business Name if a Similar One Already Exists?

 In this video, you get answers to these questions: Can I pick a business name if a similar name already exists? Where do you go to register your business name? What are the important considerations when picking a business name? What is trademark delusion? What is trademark infringement? Video Transcript Can I pick a…

Corporate Practice of Psychology – Can a Clinic be Owned by Non-Psychologist?
Business

Corporate Practice of Psychology – Can a Clinic be Owned by Non-Psychologist?

 In this video, you get answers to these questions: What is the corporate practice of psychology? What is the Professional Firm Act? Who should own a psychology clinic? Video Transcript Is the corporate practice of psychology legal in Minnesota? That’s the question I’m going to answer today. I’m Aaron Hall, a business attorney in…

Quid Pro Quo?
Business

Quid Pro Quo?

In this video, you get answers to these questions: What is the definition of quid pro quo? What is an example of quid pro quo? Video Transcript What is a quid pro quo? What does quid pro quo mean? That’s what I’m going to answer today. I’m Aaron Hall, an attorney in Minnesota. Quite simply,…

Am I Personally Liable If My LLC Breached a Lease Agreement?
Business

Am I Personally Liable If My LLC Breached a Lease Agreement?

In this video, you get answers to these questions: Am I personally liable if my LLC breached a lease agreement? What if you breach the lease agreement? What happens when an LLC breaches a lease and has no resources? Have you signed a personal guarantee? Video Transcript Am I personally liable if my LLC breached…

How to Get Paid
Business

How to Get Paid

In this video, you get answers to these questions: What do you do when you have to wait for a large sum of money? What is a promissory note and confession of judgment? How do you agree to extend payment terms with someone? Video Transcript I’m Aaron Hall, an attorney in Minneapolis, Minnesota. Have you…

If My Business Fails and I File Bankruptcy, How Will It Affect My Credit?
Business

If My Business Fails and I File Bankruptcy, How Will It Affect My Credit?

 In this video, you get answers to these questions: If your business fails and you file bankruptcy, how does this affect your credit? What happens if your business fails? What if the business files for bankruptcy? What is a personal guarantee? Video Transcript If my business fails and I file bankruptcy, how will that…

What Are the Tax Advantages of Having a Business vs. Running an Operation as an Individual?
Business

What Are the Tax Advantages of Having a Business vs. Running an Operation as an Individual?

In this video, you get answers to these questions: What are the tax advantages of having a business vs. running an operation as an individual? Do you want to set up a business or company, or should you operate out of my own name? What are the tax advantages and disadvantages? What do you pay…

New 2019 Laws for Minnesota Employers & Employees
Business

New 2019 Laws for Minnesota Employers & Employees

Table of Contents Guidance for Employers on Minnesota’s New Wage Theft LawNew Responsibilities for EmployersJob Offer LetterEarnings StatementsEmployee RecordsWagesRetaliationResponsible ContractorNew enforcement authority and penaltiesEnforcement ActionEnforcement AuthorityCriminal SanctionsSummary of Minnesota’s New Wage Theft LawWagesNoticeEarning Statement RequirementsRecordkeepingRetaliationResponsible ContractorCommissioner Enforcement AuthorityClarificationEnforcement ActionAttorney GeneralMisdemeanorWage Theft SanctionsMinnesota Wage Theft Law Q&ANew 2019 Minnesota Wage Theft Law States:[175.20] Enforcement.Submission of records;…

Will Signed on Separate Page is Valid, Says Court
Estate Planning

Will Signed on Separate Page is Valid, Says Court

A court recently held that a will is valid even though the witnesses signed as testators on a separate page. Table of Contents Case TitleCase SummaryCourt Case TextA. Drafting and Execution of the 2010 WillB. Format and Substance of the 2010 WillC. Petition to Caveat the 2010 WillD. Cross–Motions for Summary JudgmentE. The Lower Courts’…

Is Communication with Your Attorney & Spouse Privileged?
For Lawyers

Is Communication with Your Attorney & Spouse Privileged?

You may want to have your spouse present when meeting with an attorney. In those meetings, are your communications privileged? In short, it’s not clear. First, the law is not settled in many states. Second, it depends on which state’s law applies. Table of Contents MinnesotaNew YorkPennsylvania & ColoradoPublic Policy UnderpinningsBest PracticesOther Resources Minnesota For…

How to Prepare for a Minnesota Unemployment Appeal Hearing
Employment Law

How to Prepare for a Minnesota Unemployment Appeal Hearing

Table of Contents Prepare for Your Telephone HearingPrepare for the HearingSubmitting Evidence to the JudgeRequesting a SubpoenaContact Information for Everyone in the HearingOn the Day of the HearingAfter the HearingFrequently Asked QuestionsWhat if I need an interpreter for the hearing?What if I need an accommodation?Can I stop the appeal process?Who should I have as a…

Attorney Malpractice Expert Affidavit: Example Template
For Lawyers

Attorney Malpractice Expert Affidavit: Example Template

Like most states, Minnesota law requires an “expert affidavit” as part of bringing a malpractice lawsuit against an attorney. This is simply a written statement under oath that at least one other attorney (“expert”) believes the case has a good faith basis. The purpose behind this law is simple: this requirement is designed to prevent…

Minnesota Internet Law: Privacy and Consumer Rights
Uncategorized

Minnesota Internet Law: Privacy and Consumer Rights

Table of Contents The Internet and Public Policy: Privacy and Consumer ProtectionPrefaceIntroductionCommon Terms in Privacy LegislationContract Law and Terms of Use AgreementsCourts Use Contract Law to Interpret Terms of Service AgreementsCourts Have Upheld Terms of Use AgreementsTerms Must Be Presented in a Reasonable MannerFederal and State Consumer Protection LawFCC Regulates Communication UtilitiesFTC Focuses on Consumer…

Minnesota Patients’ Bill of Rights
Estate Planning

Minnesota Patients’ Bill of Rights

This Minnesota Patients’ Bill of Rights was copied from a Minnesota Department of Health document dated July 1, 2017. Table of Contents Legislative IntentDefinitionsPublic Policy Declaration1. Information About Rights2. Courteous Treatment3. Appropriate Health Care4. Physician’s Identity5. Relationship With Other Health Services6. Information about Treatment7. Participation in Planning Treatment8. Continuity of Care9. Right to Refuse Care10….

Nonprofit Organizations Can Lose Their Tax-Exempt Status
Nonprofit

Nonprofit Organizations Can Lose Their Tax-Exempt Status

Table of Contents 1. Taxation of Revoked Tax-Exempt Organizations: the Synanon Case2. Taxation of Contributions3. Taxation of Income from Activities that are not Profit-Oriented4. Executive Compensation5. ConclusionB. Taxation of Revoked Tax-Exempt Organizations1. Recent Developments2. In General3. Taxable Income of the OrganizationA. Business and Investment Income (And Expenses)B. Contribution IncomeC. Contribution and Other Exempt Activity ExpendituresD….

Lawyer Conflicts of Interest: A Guide with Tips & Scenarios
For Lawyers

Lawyer Conflicts of Interest: A Guide with Tips & Scenarios

Lawyers encounter a wide variety of scenarios with a conflict of interest. Lawyers often struggle with the ethical way to respond. Fortunately, there is an outstanding, free resource available to attorneys seeking guidance on conflict of interests: Freivogel on Conflicts: A Guide to Conflicts of Interest for Lawyers. This is invaluable guidance for lawyers facing ethical…

Works Made for Hire
Intellectual Property

Works Made for Hire

Table of Contents IntroductionDefinition in the Copyright Laws“Scope of Employment”Specially Ordered or Commissioned WorksCopyright in Works Made for HireAuthorshipCopyright OwnershipCopyright TermTermination RightsRegistrationQuestionnaire Introduction To register a work with the U.S. Copyright Office, you generally must identify the author or authors of that work. In addition, you must identify the party that owns the copyright in…

Tenant vs. Landlord: Mold or Asbestos in Rental Property
Real Estate

Tenant vs. Landlord: Mold or Asbestos in Rental Property

Does mold or asbestos relieve a tenant from paying rent to a landlord in Minnesota? Table of Contents Rental Property Must be ‘Habitable’Is Living with Mold or Asbestos Considered ‘Uninhabitable?’Mold or Asbestos Attorney HelpMold in Rental HousingWhat Is Mold and What Causes It?What Are the Health Concerns?What Can I Do as a Tenant?What Can Be…

How to Merge Nonprofit Organizations
Nonprofit

How to Merge Nonprofit Organizations

Table of Contents What is a Merger of a Nonprofit Organization?TranscriptWhat Problems Arise When Nonprofit Organizations Merge?TranscriptWhat Are The Options for Merging Nonprofit Organizations?TranscriptInstead of Merging Nonprofit Organizations What Options Are Available?TranscriptWhat Are The Steps To Merging Nonprofit Organizations?TranscriptHow Should You Handle Conflicts of Interest When Doing a Nonprofit Organization Merger?TranscriptWhich Government Agencies Need To…

How to Fight Lawsuit Dismissal of Minnesota Case Not Filed in 1-Year
For Lawyers

How to Fight Lawsuit Dismissal of Minnesota Case Not Filed in 1-Year

Under Rule 5.04 of the Minnesota Rules of Civil Procedure, a lawsuit not filed in court within one year is dismissed with prejudice, which means with finality: Any action that is not filed with the court within one year of commencement against any party is deemed dismissed with prejudice against all parties unless the parties…