Articles | Page 74 of 75 | Attorney Aaron Hall
Minneapolis Business Attorney Aaron Hall, Minnesota

Trademark Registration and Maintenance

A trademark does not have to be registered. A person acquires a trademark, and the right to prevent others from using that mark or a confusingly similar mark, by simply being the first to use the mark in the marketplace to indicate the source of origin of a good or service. Table of Contents Benefits […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Maintaining Trademark Registration: How to Maintain Trademark Registration

Table of Contents Begin with RegistrationMaintain RegistrationFiling Proof of Continued UseFiling an Affidavit of Incontestability Begin with Registration There are benefits to registering a trademark. Those benefits are largely obtaining a presumption that you own exclusive rights to that mark. In a lawsuit for trademark infringement, the holder of a registered trademark does not need […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Trademark Law Basics | Protect Intellectual Property Using Trademarks

Table of Contents What is a Trademark?What kind of things can be Trademarked and What Does a Trademark Prevent?Arbitrary or Fanciful MarksSuggestive MarksDescriptive MarksGeneric Marks What is a Trademark? Trademarks are used to gain recognition by the public, or a subsection of the public, of a particular good or service when a person comes into […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Does a Trademark have to be Registered to be Valid?

Trademarks do not have to be registered in order to be valid. The person who uses a mark in commerce first obtains a trademark on that mark. This mark indicates where a good or service came from. It shows the source. The person who obtains a trademark on a mark also obtains the right to […]

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Your Legal Duties Serving on a Nonprofit Board of Directors

This article explains the legal responsibilities of those serving on the board of directors of a Minnesota nonprofit organization. Table of Contents IntroductionResponsibilities of a Nonprofit Board of DirectorsEach Director Owes a Duty of CareActive ParticipationCommitteesBoard ActionsMinutes of MeetingsBooks and RecordsAccurate Record KeepingTrust PropertyResourcesCharitable TrustsInvestigationsEach Director Owes a Duty of LoyaltyConflicts of InterestWritten PolicyLoansCharitable TrustCorporate […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Minnesota Business Lawyer: Self-Dealing Officers and Directors

Officers and Directors of closely-held corporations are held to a higher standard than many other people. Shareholders in a closely-held corporation are held to a higher standard sometimes also. Shareholders in a publicly-traded corporation are not held to the same standard as those in closely-held corporations. Fiduciary Duties Officers and Directors owe duties that we […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

What Happens When Parties Don't Agree Right off the Bat | MN Contract Lawyer

All contracts contain three basic concepts: offer, acceptance, and consideration. Offer and acceptance mean exactly what you think they mean. Consideration is what each side gives up in exchange for the benefit that he or she is receiving. Sometimes this is payment of money, sometimes it is doing something the person is not obligated to […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Explanation of Fiduciary Relationionships in Businesses

Fiduciary duties are owed by fiduciaries. A person is a fiduciary if the law imposes on that person a duty of good faith, trust, confidence, candor, loyalty, or care upon the person for the benefit of another person. A fiduciary only owes those duties to the other person within the fiduciary relationship. Examples of fiduciaries […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Fiduciary Obligations of Shareholders and Owners | MN Business Attorney

Owners of closely-held corporations are obligated to act in certain ways with respect to the other owners. These obligations are often called “fiduciary duties.” Owners may be sued and liable for damages if they do not abide by these obligations. Table of Contents Closely-Held Business Owners Must Act with Integrity and Honesty toward Other OwnersClosely-Held […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Common Questions After Forming a Minnesota LLC

Many questions arise before you form your LLC. Additional questions will arise after you form your LLC. Those questions will include: Where do I keep my business’s money? What other licenses do I need? Do I have to file anything else with the Minnesota Secretary of State? What if I don’t want the business anymore? […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Minnesota Business Lawyer: Forming an LLC – Who, Where, and What?

Frequently, many of the same basic questions arise when forming one’s own business in Minnesota. Answers to the three most common questions are below. Table of Contents Location of the business – Can I Use My Home Office?Must your business have a physical address?Naming the business – What Can It Be?Joint Versus Single Ownership of […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

You've Been Wronged, but Were You also Wrong? Analysis of Dual Faults

Negligence is acting, or failing to act, in the manner a reasonable person would under similar circumstances. Someone who acts negligently is liable for damages if someone is harmed by the negligent act, or failure to act. What if the person harmed also did something wrong? There are different types of dual, or joint faults […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Fiduciary Duties Officers and Directors Owe a Minnesota Corporation

In addition to the fiduciary duties owed by shareholders, fiduciary duties arise by holding a position of director or officer. A director is required, by statute in Minnesota, to discharge the duties of the position of director in good faith, in a manner the director reasonably believes to be in the best interests of the […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Minnesota Contracts: How to Create a Contract in Minnesota

Contracts are agreements that are formed between or among two or more parties. In order to create a contract, there must be mutual agreement of all parties to the contract. Table of Contents How Courts Determine if There Was Mutual AgreementElements of a Contract1) Offer2) Acceptance3) Consideration How Courts Determine if There Was Mutual Agreement […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Minnesota Contracts: How to Negotiate a Minnesota Contract

All Minnesota contracts contain three basic concepts: offer, acceptance, and consideration. Offer and acceptance mean exactly what you think they mean. Consideration is what each side gives up in exchange for the benefit that he or she is receiving. Sometimes this is payment of money, sometimes it is doing something the person is not obligated […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Fiduciary Duties Breach by Shareholders, Officers, Directors, or Partners

A fiduciary is a person required to act for the benefit of another within the scope of their relationship. A fiduciary owes a certain standard of loyalty or care toward another. Table of Contents What are the Consequences of a Fiduciary Breaching a Duty to Another?Breaches by Officers and Directors of CorporationsBreaches by Majority ShareholdersBreaches […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Minnesota Shareholder Dispute: What Are My Rights & Options?

Owners in a closely-held corporation owe duties to each other. An owner, or shareholder is subject to legal liability if he or she violates a duty owed to another owner, or shareholder. The duties owed can be complex. Fiduciary Duties Owed by Business Owners in Minnesota In Minnesota, the shareholders in a closely-held corporation owe […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Minnesota LLC Attorney: EIN, Business License, and LLC Renewal

Once you are past the basics of forming an LLC you need to ponder other practical considerations. Your business needs a bank account. You may need additional licensing for your business. You will need to renew your business on occasion, or at some point, you may wish to let it lapse. Business Bank Account and […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Minnesota Business Formation: Common Questions

Frequently, many of the same basic questions arise when forming one’s own business in Minnesota. Answers to the three most common questions are below. Location of the business – Can I Use My Home Office? Must your business have a physical address? Yes. However, you can use the address of your business’ virtual office. Virtual […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Minnesota Home Buying: Should I Use a Real Estate Attorney?

Buying a home may be the biggest and most important financial transaction of your life. Most people need a qualified real estate professionals to help guide them through the complicated world of Minnesota’s real estate transaction process and help them steer clear of problems. Minnesota real estate transactions involve many professionals including real estate agents, […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Who Can Be Terminated, When, and Why?

Employment may be governed by a contract or, if none exists, basic rules of law. These basic rules have existed for centuries and provide an understanding of what will happen without a contract. Table of Contents At-Will Employment Default and ExceptionsEmployment ContractsWritten ContractsInferring a ContractContract by Expectation At-Will Employment Default and Exceptions Unless there is […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

501(c)(3) Church Eligibility: Religion vs. Philosophical View

Recently, I wrote about the test for determining whether a religious organization qualifies as a church, and thus, a tax exempt organization, even though the organization does not obtain 501(c)(3) status by completing Form 1023. Another important issue for churches seeking tax-exempt status as a 501(c)(3) is whether their belief system will qualify as a […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Minnesota Workers’ Comp Attorney: Claim Denials and Hearings

When you get injured on the job, you have a lot of questions. Are worker’s compensation benefits at issue? Can a worker be denied worker’s compensation benefits? Worker’s compensation benefits are often denied. Worker’s compensation insurers deny claims by filing a Notice of the Denial stating the reason for the denial. The Notice of the Denial […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Must Churches File Form 1023 for 501(c)(3) Tax Exemption?

Churches may wonder whether they must file IRS Form 1023 to be considered a tax exempt religious organization under 501(c)(3). The IRS Instructions to Form 1023 provide the following: Form 1023 not necessary. The following types of organizations may be considered tax exempt under section 501(c)(3) even if they do not file Form 1023. Churches, […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Minnesota Foreclosure Deficiency Judgment

Homeowners who are facing a foreclosure of their home are understandably concerned about the impact this will have on them and whether they will owe money to the mortgage company (hereafter “bank”) after the foreclosure. This is part four of a series on Minnesota foreclosures, explaining deficiency judgments that result from a foreclosure in Minnesota. […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Minnesota Foreclosures: Foreclosure by Advertisement

Many Minnesota homeowners are facing foreclosure during these difficult economic times. Minnesota homeowners may wonder about the foreclosure process in Minnesota and the legal consequences of a foreclosure. This is part two of a series on Minnesota foreclosures, and covers the basics of foreclosure by advertisement. Before reading this section, you might want to read […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Minnesota Foreclosures: Foreclosure by Action

If the bank is foreclosing on your home, you may be wondering about the process and the legal consequences of a Minnesota foreclosure. This is part three of a series on Minnesota foreclosures, explaining foreclosure by action. For an overview of Foreclosure by Advertisement and Foreclosure by Action, read the first part on Minnesota Foreclosures. […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Minnesota Foreclosures 101: Foreclosure Basics

This article discusses the basics of Minnesota foreclosures. This is part one of a series on Minnesota foreclosures: Minnesota Foreclosure Law: Foreclosure Basics Minnesota Foreclosure Law: Foreclosure by Advertisement Minnesota Foreclosure Law: Foreclosure by Action Minnesota Foreclosure Law: Deficiency Judgments Minnesota Foreclosure Law: Foreclosure of a 2nd Mortgage Let’s start by explaining what a foreclosure […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Minnesota Litigation Attorney: Should I File a Lawsuit?

As a Minnesota litigation attorney, I offer these tips to people considering suing someone. If you are considering a lawsuit (litigation), the cost and other options to resolve disputes may be worth examining. Lawsuits are often very expensive. In litigation, the goal is to beat the other side rather than work out a win/win solution, […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

If I Win a Lawsuit, How do I Collect the Money?

Minnesota Debt Collections & Minnesota Judgment Collections After you win, the court’s judgment is valid for 10 years unless you renew it. Unfortunately, even though you won your case, you probably won’t immediately get your money from the defendant. In fact, you may never get it. A court order may say that the defendant owes […]

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