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

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…

Minnesota Business Formation: Common Questions

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…

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

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,…

Who Can Be Terminated, When, and Why?

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…

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

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…

Minnesota Workers’ Comp Attorney: Claim Denials and Hearings

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…

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

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,…

Minnesota Foreclosure Deficiency Judgment

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….

Minnesota Foreclosures: Foreclosure by Advertisement

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…

Minnesota Foreclosures: Foreclosure by Action

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….

Minnesota Foreclosures 101: Foreclosure Basics

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…

Minnesota Litigation Attorney: Should I File a Lawsuit?

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,…

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

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…

How to Start a Nonprofit Organization in Minnesota

How to Start a Nonprofit Organization in Minnesota

This article summarizes the steps involved in starting a 501(c)(3) nonprofit organization in Minnesota. Table of Contents IntroductionStage 1: Form a Minnesota Nonprofit OrganizationArticles of IncorporationBylawsStage 2: File Reports with the Minnesota Attorney GeneralStage 3: Apply for 501(c)(3) Status (Optional)How Much Does It Cost?Final ConsiderationsVideo Transcript Introduction There are two stages to consider when creating…

Are My Injuries Serious Enough to Sue? | Minnesota Personal Injury Attorney

Are My Injuries Serious Enough to Sue? | Minnesota Personal Injury Attorney

If you are wondering whether your injuries are serious enough to sue, they probably are not. For example, a cut, bruise, or minor flesh wound that heals after a few days is in the category of very minor injuries. At the other extreme are serious injuries such as permanent disability, permanent disfigurement, and injuries that…

Can a Generic Term be Trademarked?

Can a Generic Term be Trademarked?

Every trademark attorney knows that a generic term cannot be trademarked. However, using a small exception to that rule, Best Buy registered a federal trademark in “best buy,” even though a court had previously ruled that “best buy” was generic. For a great summary of the situation, read Best Buy, Resurrected From the Trademark Graveyard?…

Minnesota Noncompete Agreement FAQ

Minnesota Noncompete Agreement FAQ

As a Minnesota business attorney, I am often asked questions related to Minnesota noncompete agreements. Below I explain an overview of Minnesota noncompete law and answer common questions. For related topics, visit nonsolicitation agreements and confidentiality agreements. Table of Contents Overview of Minnesota Noncompete LawIndependent ConsiderationGeographic LimitationEnforcement PeriodAre Employee Noncompete Agreements Enforceable in Minnesota?What is Involved in Drafting…

Limiting Fiduciary Duties in Minnesota Small Businesses

Limiting Fiduciary Duties in Minnesota Small Businesses

Minnesota business owners in a partnership may desire to limit the fiduciary duties they owe each other. They may ask their lawyer to draft a partnership agreement providing limitations on their duty to disclose to each other. They may also ask their lawyer to include a provision allowing the partners to compete with the partnership….

Trademark & PPC Keywords, The Debate Over Adwords Advertising

Trademark & PPC Keywords, The Debate Over Adwords Advertising

The Minnesota Federal District Court is currently hearing arguments regarding whether a company can use Google AdWords to place ads on a SERP (search engine results page) when someone searches for a competitor’s name. In 2005, one court ruled that Google could permit competitors of GEICO insurance to target people who search for “GEICO,” but…