People sometimes wrongly believe that oral contacts are not enforceable. Oral contracts are just as enforceable as written contracts, but they are sometimes more difficult to prove because there may be no evidence of an oral contract. Her is a little tip to help enforce your oral agreements. The best way to help enforce an…
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Watch this video before you send a Cease and Desist Letter: In this video, you get answers to these questions: What is a cease and desist letter? When should I send one? Who can send one? How detailed should I be? What does a cease and desist letter do? What are some common mistakes made…
I often get questions from Minnesota small business owners about their rights when dealing with other business owners. This article explains the basic rights of small business owners, but first, some basic information may be helpful. Introduction to Minority Business Owner’s Rights & Fiduciary Duties The rights and duties of small business owners depend on…
It took an act of Congress to make e-mail spam illegal. Today, web spam is a problem. What is web spam? Web spam is a comment on your blog or forum that provides little or no value to the dialogue and is put there solely for the purpose of establishing a backlink for SEO purposes….
Second Bankruptcy Filings Sometimes bad luck hits twice. Sometimes it hits more than twice. Bankruptcy is an opportunity to have a fresh start and begin rebuilding credit, but it is not a guarantee that the future will always be sunny. Sometimes people who have previously filed bankruptcy cases find themselves again needing the fresh start…
Sample Item 14-1: Patents, Copyrights, and Proprietary Information ITEM 14: PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION You do not receive the right to use any item covered by a patent or copyright, but you can use the proprietary information in the Belmont Operating Manual. The Operating Manual is described in Item 11. Item 11 also describes…
For the busy business owner, here is a list of the 10 things every small business owner in Minnesota should know: Worker’s Comp – If you have employees, you generally must get workers compensation insurance, even if you only have one employee (other than yourself). Limiting Personal Liability – Owners of partnerships and sole proprietorships…
You’ve probably seen houses with “No Soliciting” signs in their windows or on their doors. Non-solicitation agreements are quite different. “No Soliciting” signs on houses are requests that others not come ask the occupants for anything, including asking the occupants to purchase something. Non-solicitation agreements are generally among very different parties. A non-solicitation agreement isn’t…
Do you own a business and want to require your employees to keep your business’s information confidential? Are you an employee who is being asked by your employer to sign a confidentiality agreement? Purpose of Confidentiality Agreements A confidentiality agreement is a contract. Contracts are promises. Confidentiality agreements are used in situations where someone will…
A TRO is a Temporary Restraining Order issued by a Minnesota court judge. The most common type of TRO is for domestic abuse or threats of violence in the family context, but Temporary Restraining Orders are also used in a business context. Click here for information on Restraining Orders for Domestic Abuse Minnesota Business TRO…
Minnesota landlords have legal rights when dealing with difficult tenants: renters who violate their lease, don’t pay rent, damage the property, or otherwise break Minnesota landlord-tenant law. The article below discusses landlord’s rights when dealing with problem renters. Are you a tenant? Contact Homeline, a Minnesota nonprofit organization that helps residential tenants with rental problems. Minnesota Month-to-Month…
All contracts are promises. People are free to enter into any contract they want as long as there are agreements on both sides, and neither promise violates a public policy or law. A contract will contain promises to act in a certain way or to refrain from acting in a certain way. Confidentiality agreements include…
Few people can run a business alone. Most business owners need the assistance of employees, vendors, and other independent contractors in order to run their businesses. However, the inclusion of other people in the affairs of a business necessarily includes others in the circle of people who know certain information about the business not generally…
Are you an employee being asked to sign a nonsolicitation agreement? Are you an employer thinking of requiring employees to sign nonsolicitation agreements in order to protect your business? An attorney can draft a nonsolicitation agreement for you, or help you understand the one in front of you, as well as negotiate the terms of…
A solicitation is defined as a request, an enticement, or an allurement. Non-solicitation agreements prohibit requesting, enticing, or alluring someone to do something. Contractual Agreements Not to Request, Entice, or Allure Non-solicitation agreements are used by many Minnesota businesses. A non-solicitation agreement is a contract. It may be one provision in a contract, or it…
If you are in Minnesota litigation or facing the threat of litigation in Minnesota, you may be wondering whether you should settle your case or take it to trial. Here are a few considerations as you consider what is best for you. In most cases, it is in the interest of all parties to try…
Bankruptcy is intended to help good people out of bad situations. It can be frightening, daunting, and sometimes shameful, but it shouldn’t be. We are living in a time when the economy has recently bottomed out leaving many, many people faced with multiple creditors, endless collection calls, and no way to repay loans. If you…
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…
All contracts contain three basic elements: offer, acceptance, and consideration. Consideration is what each side gives up in exchange for the benefit that he or she is receiving. Sometimes this is money, doing something for someone, or refraining from doing something. Forming a Contract May Take Time and Negotiation Offers may be accepted or rejected….
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…
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. Closely-Held Business Owners Must Act with Integrity and Honesty toward Other Owners Minnesota closely-held businesses…
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?…
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? Yes, you can use your home address for your business address. Must your business have a physical address? Yes. If…
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…
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…
In this video, you get answers to these questions: How do you create a contract in Minnesota? Can you have an oral contract or does it have to be in writing? What provisions have to be in the contract? What three elements are involved in a contract? Contracts are agreements that are formed between or…
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…
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. What are the Consequences of a Fiduciary Breaching a Duty to Another? A fiduciary that breaches his or her fiduciary duty is liable for…
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…