Civil Theft Have you ever had something stolen? Even if you know who stole it, sometimes it is hard to prove. Or perhaps you don’t want the police involved. If you don’t pursue criminal theft charges, what are your options? There is a non-criminal law available to help you. Minnesota recognizes civil liability for theft….
A General Overview to Casualty Loss Taxation in a Manufacturing Business Setting or: How I Learned to Stop Worrying and Love the Tax System I. Introduction II. Background III. Single, Identifiable Property Rule IV. Inventory V. Deferral of Gain: Involuntary Conversions VI. Client Analysis VII. Code Analysis I. Introduction One important question for the…
More Cities and States Join the “Ban-the-Box” Movement The first two parts of this series focused on employers’ obligations under the Fair Credit Reporting Act when conducting background checks and the rise in class action litigation. Part Three of this series shifts gears slightly to highlight another important issue for employers – “ban the box”…
A recent tax court case reminds us that not all published guidance from the IRS serves as an authoritative source of information to use in complying with our tax laws. Tax attorney Alvan Bobrow was challenged by the IRS on his handling of separate IRA rollovers occurring within one year, and an important issue emerged…
Protecting your Business’ Reasonable Expectation of Prospective Business Relationships and Economic Advantage The Common Law Claim – Wrongful Interference with Business Relationships Until March 2014, Minnesota had not formally recognized a claim for tortious interference with prospective economic advantage. A common law claim, its roots can be traced to three important Minnesota state cases, Witte…
Business Law Firm at Center of New Industry JUX (formerly Thompson Hall), a business law firm in Minneapolis, filed a Supreme Court petition seeking legal clarity in the emerging medical cannabis business in Minnesota, a complex and highly regulated industry. Read full article: http://www.startribune.com/business/269589331.html
Damages may be recovered in an action for trespass even though those damages may be nominal. Sime v. Jensen, 7 N.W. 2d 325, 328 (Minn. 1942). General Compensatory Damages In a trespass claim, compensatory damages are measured by: The diminished value of the land or chattels, The cost of repair or restoration, The reasonable rental…
Privacy torts were not recognized until the 1998 case, Lake v. Walmart Stores. The Lake decision finally recognized the privacy torts of appropriation, intrusion upon seclusion, and public disclosure. However, Chief Justice Blatz noted: We decline to recognize the tort of false light publically at this time. We are concerned that claims under false light…
Fiduciary duties arise out of the relationship of special confidence between parties. Per the Minnesota Court of Appeals, a fiduciary duty is “the highest standard of duty implied by law” and includes a “duty to act in the best interests of another.” D.A.B. et. al. v. Brown, 570 N.W.2d168,172 (Minn. App.1997); Watson’s Properties, LLC…
This article explains fraudulent misrepresentation, also known as fraud, under the common law. Even though this claim is based on the common law, it remains alive and relevant today. A common law claim of fraudulent misrepresentation is separate from a claim for fraud brought under Minnesota Statutes. This is because, under the common law, a…
The Minnesota Consumer Fraud Act (“CFA”) provides protection for Minnesota consumers. The CFA makes it unlawful for any person to act, use or employ “any fraud, false pretense, false promise, misrepresentation, misleading statement or deceptive practice.” See Minn. Stat. § 325F.69, subdiv. 1. The CFA also protects consumers against specific sales tactics and marketplace transactions. For…
Misrepresentation is a term used in contract law that refers to false statements made by a party when attempting to enter or get out of a contract or business agreement with another party. There are some cases where misrepresentation is innocent, in which there was reasonable belief that the statements being made were true. These…
“Piercing the corporate veil” is a legal doctrine that allows owners of a company to be liable for acts of the company. “Piercing the corporate veil” is widely accepted legal concept in Minnesota. Even when a business has created a limited liability company or a corporation in an effort to decrease or eliminate personal liability…
Corporations, Limited Liability Companies, General Partnerships, and Limited Partnerships are legal entities separate and distinct from their owners depending on what type of business structure the company has elected. Corporations, Limited Liability Companies, and Limited Partnerships all have varying forms of limited liability for shareholders and partners. There are times, however, that there are exceptions…
Minnesota employers can be liable for the acts of their employees under the legal doctrines of negligent supervision and negligent retention. Negligent Supervision Liability for negligent supervision for an employee is imposed under a theory of respondeat superior. Minnesota Court of Appeals has stated, “the basis of liability is that the tortious act is committed…
What is Unjust Enrichment? Unjust enrichment exists when one person is allowed to profit at another’s expense without making restitution for the reasonable valuable of any profit or services that have been unfairly received or retained. Unjust Enrichment Example The most common example of this is if two parties enter into an understanding for services…
Different Accommodation for a Predecessor Not Indicative of Discrimination In Dahl v. Regents of University of Minnesota, No. A12-1076, WL 1187996 (Minn. Ct. App. Aug. 6, 2013), the former CFO, Peg Dahl, of the University of Minnesota Press (“U Press”) took the position in February 2008. In March 2008 Dahl notified U Press that she…
The notion of fair use is something that every person or party with a trademark or copyright should be aware of. While having a trademark and a copyright exists to provide protection so the person who owns that trademark or copyright can protect it, there are instances where a third party may use the trademark…
Usually, false advertising claims are brought under the Lanham Act, which is federal legislation located at 11 USD § and Minnesota’s Deceptive Trade Practices Act (“DTPA”). Below is an explanation of the Lanham Act. The Lanham Act The Lanham Act states, in relevant part: (a) Civil Action (1) Any person who, or in connection with…
Minnesota attorney Aaron Hall speaks with Dr. Jeffery Stamp, inventor of the “Baked! Lays Potato Crisp” and founder of Bold Thinking Institute, about some of the problems new businesses face and how to solve them.
Minnesota attorney Aaron Hall speaks with Brian Call, president of Rubicon Mortgage Advisors, about Rubicon Mortgage Advisors and the mortgage industry as a whole.
In this new economy plagued with high unemployment and fiscal uncertainty it has become increasingly more frequent for ex-employees to bring workplace defamation claims against their former employer alleging that statements made in connection with that employee’s dismissal were defamatory. While a majority of these types of cases are hard to pursue, there have…
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…
In Minnesota, you now have the option of creating a Public Benefit Corporation for your social enterprise. This lets you combine the benefits of a business with a charitable purpose like a nonprofit organization. Minnesota state law allows a business engaged in social enterprise to avoid becoming an LLC or traditional corporation by electing to…
Governor Dayton signed the Responsible Contractor bill into law. Although the notion of a “responsible contractor” has been around for a long time it has never been clearly defined. In this new law, which is set to take effect on January 1, 2015, the term has been given certain meaning. This new statute only applies…
Problem: You need to prove to a bank (or another) that you own your business Imagine you walk into a bank to open a new checking account for your business. The banker says you must provide proof that you own the business. You hand the banker the articles, bylaws, member control agreement, or other documents…
By altering company deposit slips, an employee was able to embezzle $244,000. She prepared two deposit slips: one put funds into the company’s account and the other put funds into her own bank account. This went on for over three years without detection because the employee handled both bookkeeping and deposit activities for the company….
A strong brand is important, but it is often no replacement for relationships. Rick Tate, a thought-leader on business topics, explains: Merely satisfying customers will not be enough to earn their loyalty. Instead, they must experience exceptional service worthy of their repeat business and referral. Understand the factors that drive this customer revolution. What a…
Employers Ability to Recoup Payments Due to Employees’ Post-Severance Wrongdoing It is common in Minnesota for employers to offer severance compensation to employees. These types of agreements vary greatly from business to business and provide an opportunity for the employer to obtain a release of potential claims in exchange for severance benefits, among other things….
Governor Dayton recently approved a package of bills titled the Women’s Economic Security Act to enhance conditions for women in the workplace. A portion of the new law requires businesses in certain situations to apply for and provide an “equal pay certificate.” Below are anticipated frequently asked questions to help guide businesses as they are…