Transcript Aaron Hall: Michael, business owners often have a sales component to their job. Fund raising professionals are selling a concept and seeking, essentially, a sale through the donation. And then sales professionals, of course, are selling. What types of common problems do they have when they come to you? Michael Cavitt: One of…
Transcript Aaron Hall: I’m Aaron Hall, business attorney in Minneapolis. I’m here today with Michael Cavitt of Cavitt Associates. Michael is a business consultant with a very interesting skills set. And Michael, I’d like to turn to you and ask—We’ve talked a little about sales professionals, business owners, fund raising professionals, those are all people…
Noncompete agreements can be important tools for employers. Below is a list of quick tips to think about when drafting and executing noncompete agreements with employees. Make sure that the employee signs the noncompete agreement at the outset of employment. Like with any contract, a noncompete has to be supported by consideration. The consideration…
There are many different types of fraud including check fraud, credit card fraud, internet fraud, mail fraud, charities fraud, telemarketing fraud, and tax fraud just to name a few. But, sometimes it is difficult to determine if a cause of action is fraud, a form of misrepresentation, or nothing at all. To add to the…
In the world of electronic sharing and emails providing data at lightning speed, the issue of trade secrets has become an increasing concern for all businesses. Minnesota recognized this and adopted the Uniform Trade Secrets Act in 1980. A trade secret is information, including a formula, pattern, compilation, program, device, method, technique, or process that…
It is a violation of Minnesota law for someone to post explicit videos or photos of you online without your permission. This is a violation of your right to privacy. In the age of society’s obsession with sharing everything in blog posts, Facebook comments, and Tiktok videos, the right to privacy still remains an ingrained…
I often meet with people who are considering a business opportunity who do not realize that the opportunity is actually a scam. In my position as a business attorney, I have many opportunities to see legitimate successful businesses and scams promoted as business opportunities. The list below provides a number of factors to help consider whether…
Every contract is composed of an offer, an acceptance of that offer, and something called “consideration.” Consideration is the thing one person gives up in exchange for a benefit from the other. For example, if I pay agree to go to a concert if you will go, the consideration I am giving up is my…
A contract may determine when an why an employee may be fired. If there is not contract, there is a defaultrule in Minnesota that will determine when and why an employee may be fired. When and Why Can I Be Fired under Minnesota Law? Unless there is an employment contract or agreement, employment in Minnesota…
Work-related injuries are injuries that occur while a person is on-the-job and engaged in job-related activities. Work-related injuries raise the issue of workers’ compensation benefits. It is the responsibility of an employee to file a claim for payment or reimbursement from workers’ compensation. Reimbursement may be required for lost wages, medical bills, and other related…
Employees get injured from time to time. No one plans to be injured. People get injured unexpectedly. Many people think about medical insurance and plan for illness. Many people don’t think about workers’ compensation, wage benefits, or physical injury. Workers’ Comp Injuries: Severity and Duration After injury, however, an injured employee must figure out what…
US Supreme Court Rules that Inherited IRA Funds are Not Exempt from Claims of Creditors in Bankruptcy Cases On June 12, 2014, the United States Supreme Court ruled in the case of Clark v. Rameker that inherited individual retirement account (IRA) funds are not “retirement funds” for purposes of the exemption of certain assets from…
Employees have certain rights in the workplace according to the Minnesota Human Rights Act. However, discrimination still occurs for a number of reasons including race, religion, sex, disability, sexual orientation and age. While not every unfair action in the workplace is considered discriminatory, employers are held to strict standards and there are many protected areas….
Business litigation can occur for a number of issues including contract or shareholder conflicts, business torts, unfair competition or a number of other reasons. If you own a business, the possibility of litigation is very serious because it can result in losing the business. Whether your business is big, small, new or old, litigation can…
There are a few ways for a creditor to seek repayment from a debtor but the most common is wage garnishment. A creditor may seek garnishment of a debtor’s earnings if they have failed to pay back their debt. A creditor is not able to garnish the wages of a debtor without a court order…
Auto Dealer Fraud includes any misleading practices used by auto dealers in order to increase the chances that someone will make a purchase. These acts can take place in all parts of the process, or even before in advertising. The severity of the fraud varies from case to case. The fraud may involve overpricing or…
A tax shelter provides a way to lower the amount of tax you pay to the federal government by decreasing your taxable income. This can be used by a person or a business to avoid taxes by lowering how much you are responsible for paying. Tax shelters are a useful way to lower the amount…
It is often thought that after you receive a judgment in your favor your work is done. However, collecting on a judgment can be difficult and require significant more time and work. There are methods that are important to take advantage of to ensure that you receive payment. There are many ways to collect on…
What is a personal guarantee? A personal guarantee is a contract that the signer will be personally liable if another party does not pay. What is an example of a personal guarantee? An LLC owner asked her bank to loan $50,000 to her LLC. The bank agreed to loan the money to the LLC, but…
When a person buys an insurance policy, they expect it to protect them from circumstances out of their control. However, oftentimes there are exclusions in policies that prevent the policyholder from receiving coverage in certain areas. Insurance disputes arise when a policyholder believes they are covered for a specific area and an insurance company claims…
There are regulations that control what abilities debt collectors have when they are contacting a debtor and trying to receive payment on loans. These are meant to protect the debtor from being harassed by collectors. It is important to know that a debtor can stop a debt collector from contacting them by calling or sending…
There are two types of foreclosure in Minnesota, judicial and non-judicial. A judicial foreclosure involves obtaining a court order from a lawsuit, while a non-judicial foreclosure does not require court proceedings. Both involve foreclosure resulting from debtor default on deeds of trusts or mortgages. After a mortgage or deed of trust is defaulted on, the…
A promissory note is a contract that has a borrower sign in writing, their promise to pay what they owe to the third party. They can be used by any party who wishes to have the commitment in writing so they can use it in the future if problems arise between the two parties and…
A carrier may withhold cargo if the sender does not pay for the transporting of that cargo. This is in order to insure that the carrier receives payment for their services. A carrier lien is a way for transportation services to protect themselves from not being paid for their services by retaining the goods that…
A blanket lien is different than other possessory liens because it gives the creditor the ability to seize all assets that the debtor owns in order to pay off a loan. A blanket lien allows a borrower to use more than one asset as collateral for a loan. While this may immediately seem advantageous for…
A bank has a right to place a lien against a borrower’s property if they default on their loan. A banker’s lien, similar to other possessory liens, gives a bank claim over property that they have come in possession of in their business with the borrower. The bank can then attempt to sell the property…
An attorney’s lien gives an attorney the ability to retain their client’s money or assets if they owe money in order to insure payment for their services. An attorney’s lien protects them from giving out their services and not receiving payment for them. By giving an attorney the ability to hold onto the client’s assets…
An attachment lien is an alternative to a mechanics lien in that it gives a contractor the ability to be paid for their work through a lien on the debtor’s assets. Unlike a mechanic’s lien, in order to obtain an attachment lien a contractor must file a complaint or lawsuit within two to four years…
An agent’s lien, similar to an accountant’s lien, gives the agent the right to hold onto property in order to insure that they receive payment for their services. The agent’s lien protects an agent from providing services and not receiving payment. To do this, the agent holds onto the property as a type of lien…
