Minnesota Court of Appeals: Fay v. Dept. of Employment & Economic Development — N.W.2d — (Minn. Ct. App. 2015) Defining “Good Cause” for Failing to Participate in Reemployment Assistance Patrick Fay was determined to be eligible for unemployment benefits, but as a requirement to receiving benefits he was to attend a reemployment assistance services appointment….
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 transactions, the foreclosed homeowner would deed their home to the equity purchaser, who would redeem the foreclosed property, and then enter into some sort of…
Minnesota Court of Appeals Nygaard v. Nygaard No. A13-0276, 2014 WL 349647 (Unpublished) Although the Nygaard v. Nygaard case is an unpublished one, it presents an interesting issue of usurping corporate opportunities between a husband and wife that co-owned a business. In this case, Brenda Nygaard and Jeffrey Nygaard were married in 1982 and then…
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 step-by-step guide to help you through the process of winding up your corporation with the Minnesota Secretary of State and under Minnesota…
How Does it Affect Employers with Out-of-State Locations? Whether Minnesota’s new “Ban-the-Bow” law (codified as Minn. Stat. § 364.021) applies to an employer is going to depend on a few factors. In what state would the applicant be employed? Does the employer have locations in multiple states? How is the employer’s application process structured? All…
Introduction In this video, you get answers to thius question: Can you get a trademark for Cannabis related goods and services? The following provides guidance to business owners who want to obtain a registered trademark for hemp, cannabis, CBD, or related products or services. In short, as long as cannabis products contain less than 0.3%…
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 because they can provide a benefit to any business. However, with so much money at stake, how can a business be sure…
Minnesota Court of Appeals Published Decision: Unclean Hands Not Complete Bar to Receiving Equitable Relief On February 17, 2015, the Court of Appeals held in a published decision that “[a] district court does not abuse its discretion by granting equitable relief to a party with unclean hands if the party has purged herself of her…
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 money in resolution of a dispute if it should arise. Below are some key questions addressing important components of agreements that should be answered to ensure…
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 Act? The WARN Act will apply to a company that either: Employs 100 or more full time employees, or Employs 100…
If you are owed money, can you take someone’s website? If you own a website, can you lose it to your creditors? These issues were recently decided by the Minnesota Court of Appeals. Specifically, the Minnesota Court of Appeals addressed two important issues: Are Websites and Domain Names Subject to Garnishment in Minnesota? Yes, websites…
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 an at-will employee, “either party may terminate the contract at any time for any reason.” Bakker v. Metropolitan Pediatric, P.A., 355 N.W.2d…
A coalition of business people and politicians are leading a grass-roots effort to allow equity crowdfunding under Minnesota law. The initiative, known as MNvest, seeks a “MNvest Registration Exemption” which would exclude qualified crowdfunding transactions from certain regulations. The MNvest Act would permit unaccredited investors to make equity investments in MNvest offerings through a “MNvest…
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 family, yet major heartaches can occur when next generation adult children enter the business. The next generation often begin as teens working part-time and…
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 short, my answer is generally “no, save your money.” When you start a business, money is tight. Do…
It’s All About the Frap Coffee giant Starbucks takes protecting its trademark Frappuccino seriously. Starbucks owns the trademark “FRAPPUCCINO” in the United States. For those who are not familiar with a Starbucks Frappuccino, it is a line of frozen coffee beverages that is blended with ice and other sweet ingredients and usually topped with whipped…
The Significance of Triple Five v. Simon for Partnership Law in Minnesota The saga of the Triple Five decisions has great significance for partnership law in Minnesota. The case greatly expanded the application of fiduciary duties.231 Moreover, it bolstered courts’ equitable authority to rewrite partnership agreements, including those that affect the rights of third parties…
Courts’ Interpretation of Fiduciary Duty Limitations & Waivers Introduction Courts have a variety of approaches when interpreting partnership agreements that limit or waive fiduciary duties that partners owe to each other. Relevant to the Triple Five decisions are cases involving usurpation of a partnership interest or a violation of the duty to disclose information material…
The Triple Five v. Simon Case Facts Developing the Mall of America The story of the Triple Five decisions begins with an idea to build the largest shopping mall in the United States—the Mall of America. The idea originated with four brothers: Raphael, Nader,Bahman, and Eskander Ghermezian. The brothers own Plaintiff Triple Five of Minnesota,…
Statutory Limitations on Partners’ Fiduciary Duties Introduction 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 promulgated and was adopted by every state except Louisiana. The Revised Uniform Partnership Act (RUPA) was…
I suspect that most of you are very familiar with Disney and its signature spokesperson, Mickey Mouse. There are probably fewer of you that are familiar with Deadmau5 (pronounced “dead mouse,” real name Joel Zimmerman). Deadmau5 is a music producer, performer and DJ. He often wears a mouse head while performing. Deadmau5 has used this…
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 provided in section 766B of the Restatement (Second) of Torts: one who intentionally and improperly interferes with another’s prospective contractual relation is subject to liability to the…
Outside the trademark arena, the idea of unfair competition exists in common law and statutes to compensate businesses that have suffered an injury through deceptive or wrongful business practices. In a trademark situation an injured party can bring an unfair competition claim under § 43(a) of the Lanham Act. Section 43(a) provides that: Any person…
Minnesota Supreme Court Upholds Half-Billion Arbitration Award Seagate Technology LLC and Western Digital, along with a former Seagate employee, Sining Mao, were involved in a long legal battle regarding a claim of theft of trade secrets. Seagate alleged that when Mao left the company, he improperly took trade secrets with him to Western Digital,…
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. The Restatement (Second) of Torts § 652B defines intrusion upon seclusion as “one who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his…
Unincorporated Association Trademark Example: Southern California Darts Association On August 11, 2014, the Court of Appeals for the Ninth Circuit, in which the states of Arizona, California, Nevada, Oregon, Idaho Washington and Montana are subject, held that unincorporated associations have the legal capacity and right to own trademarks and to sue infringers to enforce them….
In trademark law, “likelihood of confusion” is the primary legal standard for trademark infringement. A recent decision from the 9th Circuit Court of Appeals nicely articulates the black letter law behind the “likelihood of confusion” standard: To show trademark infringement, a plaintiff must establish ownership of a trademark and a likelihood of consumer confusion. AMF,…
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 article does not address nonprofit organizations owning business franchises. Social Franchising: Geographic Expansion of a Nonprofit Nonprofit organizations have begun using a franchise model to…
After a plaintiff has been able to prove copyright infringement a defendant can allege a number of defenses, including fair use. A defense of fair use is not alleging that an infringement did not occur, but rather that the infringement is excusable. The defense of fair use allows courts some flexibility to assess matters on…
Minnesota law recognizes four different privacy torts including appropriation, intrusion, public disclosure of private facts, and false light. Liability under public disclosure of private facts occurs when a person gives publicity to a matter that concerns the private life of another, a matter that would be highly offensive to a reasonable person and that is…