New 2019 Laws for Minnesota Employers & Employees
Guidance for Employers on Minnesota’s New Wage Theft Law The Minnesota Legislature passed and the governor has signed a new Minnesota Wage Theft Law. The new law amends existing state labor laws and provides for new wage and hour requirements, protections and sanctions. This guidance highlights provisions of the new law that will require employers […]
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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. Minnesota For example, in one case in Minnesota, the Minnesota Supreme Court held […]
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How to Prepare for a Minnesota Unemployment Appeal Hearing
Prepare for Your Telephone Hearing You are scheduled to participate in an Unemployment Insurance appeal hearing on the date and time listed in the Notice of Hearing included in this mailing. The purpose of the hearing is for the judge to take sworn testimony and other evidence on the issues involved to make a decision. […]
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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 […]
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Nonprofit Organizations Can Lose Their Tax-Exempt Status
1. Taxation of Revoked Tax-Exempt Organizations: the Synanon Case When attorney Paul Morantz discovered the hard way that a four-foot rattlesnake was residing in his mailbox one day in October 1978, he had more pressing concerns than to wonder about the possible income tax implications of the event. Although he immediately might have suspected that […]
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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 […]
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Works Made for Hire
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 the work. Ordinarily, the author is the person or persons who actually created the work you intend to register. “Works made for […]
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Tenant vs. Landlord: Mold or Asbestos in Rental Property
Does mold or asbestos relieve a tenant from paying rent to a landlord in Minnesota? Rental Property Must be ‘Habitable’ Under Minnesota Statutes, implied in every oral and written residential lease are three covenants or obligations of the landlord. See Minn. Stat. § 504B.161 (formerly § 504.18), subd. 1. Specifically, this statute provides that In […]
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How to Merge Nonprofit Organizations
What is a Merger of a Nonprofit Organization? In this video, you get answers to these questions: What is a merger of a nonprofit organization? What is a nonprofit organization? What would be an example of a nonprofit organization? Who owns a nonprofit organization? What is a 501(c)(3) organization? Can you receive donations as a […]
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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 […]
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How a Special Litigation Committee Protects Minnesota Companies
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 and address issues in a way that puts the best interests of the company first. The main idea behind a Special […]
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Sales Rep Commissions: Employee Legal Rights to Wages in Minnesota
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. To determine your rights, you first need to determine whether you are an independent contractor or employee. If you are an independent contractor (not employee), you may have […]
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Accidental Partnership: Are You in a De Facto Business Partnership?
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 two or more people carry on as co-owners a business for profit. Story Amber and Jen discussed opening a business together. They never established a […]
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The Contingency Fee Agreement is Relevant When an Attorney is Fired
The Minnesota Supreme Court established an eight-factor test to determine a lawyer’s contingency fee after a client fired the lawyer shortly before settling case. The Court held that, under quantum meruit, the “fee arrangement existing between counsel and the client” is one of the factors. Minnesota’s Contingency Fee Factors for Attorneys The eight factors are time […]
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Yes, Minnesota Lawyers Can Share Legal Fees
Yes. Rule 1.5(e) of the Rules of Professional Conduct provides as follows: A division of a fee between lawyers who are not in the same firm may be made only if (1) the division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation; (2) the client […]
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Free Rental Legal Help for Tenants in Minnesota
Here are some outstanding resources for renters (informally referred to as “renters”) and attorneys representing tenants against landlords in Minnesota. Let’s face it, landlords often have the advantage because they select the lease they require of tenants. For example, I regularly represent landlords. However, tenants have some strong law on their side. These resources are […]
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How the ‘Business Judgment Rule’ Protects Directors and Officers
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 and officers of a corporation (including nonprofit organizations) owe the corporation a duty of care. This “duty of care” means you […]
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Registered Agent: A Physical Office for Your Business
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 agent service. This article explains the details. What a registered office? A registered office is the address for your business on record with the […]
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The Torrens Title System Minnesota: The Short Course for Surveyors
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, like some surveyors, did not like dealing with the Torrens system. For many surveyors and lawyers, the Torrens registration system […]
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Is Real Estate Broker/Agent Fee-Sharing Legal in Minnesota?
Among real estate agents and brokers, some types of referral fees, commissions, and fee sharing are permitted. However, other types of fee sharing are prohibited by Minnesota real estate statutes and regulations. Whether fee-splitting is a “legal commission” or “illegal kickback” depends on the context. Minnesota’s primary authority on sharing real estate agent and broker […]
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What’s at the End of Your Business Name Besides INC or LLC?
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 Plumbing is a limited liability company. This page lists the entity designations when starting a business in Minnesota. Corporation In Minnesota, a for-profit corporation may […]
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Minnesota Employment Rights: Where to Get Help
Introduction The following material was prepared by the Minnesota Office of Attorney General to assist those seeking legal help for violations of Minnesota employment law. Wages Some employees receive less in wages than they expect. This might occur because an employer does not pay for all hours worked, makes unexpected deductions from wages, misses a […]
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Reasonable Attorney Fees in Minnesota vs. Lodestar Factors
Throughout the United States, many jurisdictions use the Lodestar factors as a standard to determine whether attorney’s fees are reasonable. The Lodestar standard has been part of the common law, refined by courts over the years. Minnesota’s approach to determining whether attorney’s fees are reasonable generally aligns with the Lodestar factors. Minnesota Standard Minnesota’s approach […]
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Minnesota Private Attorney General Statute: Get Attorney Fees Back
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 the public. This is a big deal. For example, when the state attorney general’s office will not take action to stop harm […]
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5 Tips to Delegate and Elevate Your Leadership Team
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 really gain strong traction, the challenge lies in supporting your team on the ground level with the day-to-day execution and implementation of EOS principles. […]
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Minnesota Charity Law: Guide for Nonprofit Board of Directors
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 corporation’s board of directors. It is only a guide and is not meant to prescribe exactly how board members must act in all situations. Each […]
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Overview of Minnesota Nonprofit Law
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 to benefit the public, and may not be operated to profit other persons or entities. Tax-Exempt Status of Nonprofits Most nonprofits are exempt from taxation. There are more than two […]
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Free Private Meeting Room Spaces in the Twin Cities
Whether you are a real estate agent, solo attorney, or consultant, you often need a private room outside your home to meet with clients. Fortunately, the Twin Cities business community and library systems offer a variety of places for you to meet with your clients and potential clients. Highlights include certain coffee shop locations with […]
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Are clickwrap or browsewrap contracts enforceable?
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 Here to Accept the Terms of Service” Vol. 31 No. 1 By Alison S. Brehm, Cathy D. Lee Alison S. Brehm is a partner, […]
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How is a Social Club Taxed? IRS Guidance on 501(c)(7)
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 purposes.” They were originally granted exemption from federal income tax in the Revenue Act of 1916. Generally, social clubs are membership organizations primarily supported by dues, fees, […]
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