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 →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 (enacted in 1989) or the Minnesota Cooperative …
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 →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 responsibilities. If the cabin has been gifted …
READ MORE →This published court of appeals case, decided in August 2014, dealt with an alleged fraudulent sale of shares in violation of what was then Minnesota’s Uniform Fraudulent Transfer Act, Minn. Stat. §§ …
READ MORE →Minn. Stat. § 268.085, subd. 1(7), conditions eligibility for a week on participating in reemployment assistance services when the commissioner has directed you to participate, and the clause “does …
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 →A business owner usurps a corporate opportunity by taking for personal benefit a deal that belonged to the company. In Minnesota, the insider who does it can be made to hand the deal and its profits …
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 →You can ask a Minnesota job applicant about criminal history, but not until you have picked that person for an interview, or, if you do not interview, until you make a conditional offer. That timing …
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 →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? The Minnesota Court of Appeals answered both questions in 2015, holding that domain …
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 →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 coffee drinks. A newcomer then …
READ MORE →The saga of the Triple Five decisions has great significance for partnership law in Minnesota. The case greatly expanded the application of fiduciary duties. Moreover, it bolstered courts’ equitable …
READ MORE →Courts take divergent approaches when interpreting partnership agreements that limit or waive fiduciary duties. Some enforce waivers between sophisticated parties; others refuse to give effect to …
READ MORE →This article discusses the federal litigation over the Mall of America partnership, which the Eighth Circuit resolved on appeal in Triple Five of Minnesota, Inc. v. Simon, 404 F.3d 1088 (8th Cir. …
READ MORE →States have adopted, with some modifications, a number of model laws applicable to partnerships. The Uniform Partnership Act of 1914 (UPA) was the first of the uniform laws on partnerships to be …
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 …
READ MORE →The privacy tort of intrusion upon seclusion often evokes thoughts of physical intrusion as well as electronic or mechanical intrusion such as video surveillance or telephone recording, which is …
READ MORE →On August 11, 2014, the United States Court of Appeals for the Ninth Circuit, which hears federal appeals from California and other western states, held that unincorporated associations have the legal …
READ MORE →In trademark law, “likelihood of confusion” is the primary legal standard for trademark infringement. A 2014 decision from the 9th Circuit Court of Appeals articulates the black letter law behind the …
READ MORE →This article explains issues to consider when exploring the concept of expanding a nonprofit organization into various geographic areas by working jointly with a local leader in those areas. This …
READ MORE →After a plaintiff has been able to prove copyright infringement a defendant can allege a number of defenses, including fair use. Fair use is an affirmative defense: the defendant does not deny copying …
READ MORE →Minnesota recognizes three common-law invasion-of-privacy torts: intrusion upon seclusion, appropriation, and publication of private facts. In Lake v. Wal-Mart Stores, Inc., 582 N.W.2d 231, 235 (Minn. …
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