Minnesota Rezoning Requests Zoning is a device of land use planning used by local governments throughout the United States. The concept involves designating permitted uses of land based on mapped zones which separate one area of land uses from another. The purpose of these zones is to divide different uses of land that might be…
Generally speaking, an easement is a real property interest that gives one party the right to go onto another party’s property. The easement is a real property interest, but separate from the legal title of the owner of the underlying land. While easements can take many different forms, this section will explain two different types:…
Local ordinances establish standards for land development which regulate things such as where buildings, yards, parking lots, driveways, signs, and lighting may be placed on properties, minimum and maximum sizes, height, potential effects on adjacent properties, and aesthetics. When there are strict requirements, property owners may seek relief by following the variance process. Minn. Stat….
by Lucas Spaeth Mortgage Fraud in Minnesota Inattentive or Fraudulent Minnesota Mortgage Agents Mortgages are only offered to buyers who have sufficient assets and income to validate the risk of the loan. Agents licensed to originate mortgages are responsible for accurately reporting a potential buyer’s income and assets, to minimize the lenders’ risk. Mortgage agents…
Minority shareholders who also work as employees for closely-held corporations often find themselves in abusive situations that they seemingly can’t get out of. Typically, shareholders have no secondary market in which to sell their shares, and buy-sell agreements with the corporation can limit shareholder options even further. Additionally, those buy-sell agreements may force the shareholder…
Introduction to Minnesota’s Joint Venture Law A joint venture is an association of two or more parties to pursue a certain business purpose. These parties can be individuals or entities such as partnerships, businesses, or corporations. The joint venture, once formed, belongs to one of three classes: partnership, contractual, or corporate. Corporate joint ventures arise…
Poster Requirements for Minnesota Employers Minnesota employers are subject to both Federal and State laws that require the display of information regarding the rights of employees. Some requirements depend on the type of employer, while some apply to nearly all employers. This is a brief list of poster requirements different employers must satisfy. The notices…
Trademarks are one of the legal tools people use to protect their “intellectual property”—ideas, designs, inventions, and so on. In particular, trademarks protect any word, phrase, symbol, design, etc. used by a company to identify its products or services, and distinguish them from the products or services of others. The benefit of obtaining a trademark…
Minnesota’s Uniform Voidable Transactions Act was formerly known as the Minnesota Uniform Transfer Act (MUFTA). MUFTA was Minnesota’s adoption of the Uniform Fraudulent Transfer Act (UFTA). MUFTA was codified in Minnesota Statute’s § 513.41 – 513.51. When the Minnesota Legislature adopted MUFTA, it was nearly identical to the Uniform Act itself. While the first version…
Complete M8A to determine your Minnesota source income and minimum fee. Note: If you conduct all your business in Minnesota, check the box above line 1. Complete columns A and B and enter 1 1.00000 (for 100 percent) on line 18, column B1 (and the remaining columns, as needed). If a qualified subchapter S subsidiary…
Payments There are four types of tax payments an S corporation can make — extension, estimated tax, tax return and amended return payments. You can pay electronically, by credit or debit card or by check. (See Payment Options above.) Note: If you’re currently paying electronically using the ACH credit method, continue to call your bank…
Before you complete Form M8, you must complete the following; you will need to reference them: federal Form 1120 Sand supporting schedules, and Schedule KS for each non resident shareholder and to any Minnesota shareholder who has adjustments to income (see page 10). Check Boxes Initial Return If this is the S corporation’s first return…
In general, a financial institution is any national or state bank, bank holding company, savings and loan, or any other corporation that does business that a bank or other financial institution would be authorized to do. Financial institutions complete M8A the same way as other S corporations, except for lines 4 and 14. Line 4—Property…
Complete and provide Schedule KS to each nonresident shareholder and any Minnesota shareholder who has adjustments to income. Purpose An S corporation must provide each non-resident shareholder, and any Minnesota shareholder with adjustments to income, with enough information for them to complete a Minnesota income tax return and determine their correct Minnesota tax. Schedule KS…
Does a Non-Solicitation Agreement Need Independent Consideration? The question is whether a non-solicitation agreement in Minnesota requires consideration similar to that required of noncompete agreements. The short answer is yes, non-solicitation agreements do require independent consideration similar to that required of noncompete agreements. However, in some situations, independent consideration is not required for either a…
Protection Of Confidential Information Minnesota law protects employers’ confidential information and trade secrets in several ways. First, an employee has a generally recognized duty of loyalty to not disclose trade secrets or proprietary information of the employer. Second, the statutory Uniform Trade Secrets Act, adopted by Minnesota, prohibits misappropriation of trade secrets. And third, employers…
Under Minnesota law, employers have rights when a former employee takes client lists, customer info, computer data, intellectual property, and trade secrets. The Minnesota “Uniform Trade Secrets Act” gives significant rights to employers to protect confidential information and trade secrets. The Act is Codified in Minn. Stat. Ann. § 325C. What is a Trade Secret?…
Our firm has recently been contacted by one Anne Goldschmidt regarding an unpaid debt. This appears to be a wire transfer scam, similar to many other scams targeting attorneys. Scam Email 1 Dear Counsel, I am in need of your legal assistance regarding a breach of loan agreement I provided a friend of mine in…
Minnesota business attorney Aaron Hall explains when and why business succession planning is needed. Business Succession Planning: Passing Your Business to Your Children Transcription (4:19) (start) When our business owner clients start thinking about their future and trying to avoid the frustrations that can come from a parent/business owner passing away without any sort of…
STATE OF MINNESOTA IN SUPREME COURT A09-1795 Court of Appeals Anderson, G. Barry, J. Dissenting, Stras, Anderson, Paul H.and Meyer, JJ. State of Minnesota, Appellant, vs. Filed: August 8, 2012 Office of Appellate Courts Melissa Jean Crawley, Respondent. ________________________ Lori Swanson, Attorney General, St. Paul, Minnesota; and Karin L. Sonneman, Winona County Attorney, Stephanie E….
A successful verdict after litigation, although better than the alternative, can still be a Pyrrhic victory if one has spent too much in attorney’s fees. In the American system where each side pays its own legal costs, attorney’s fees can greatly diminish the amount of money a successful plaintiff will actually see. However, for particularly…
Introduction The Fair Debt Collections Act (FDCPA) was first enacted to protect debtors from the increasingly common problem of harassment by debt collectors. The FDCPA arose out of federal consumer protection laws and was first enacted in 1978. The law essentially serves to level the playing field between consumers and debt collectors; requiring debt collectors…
What is rent escrow? Rent escrow is an action that a tenant may take against a landlord to receive relief from the landlord’s failure to repair housing violations. Minnesota Statute § 504B.385 governs this process. When a landlord fails to make repairs after being notified of certain housing violations and lease violations, the tenant may…
Wrongful Termination When someone is fired from a job, it is a normal reaction to think about whether or not he or she was terminated wrongfully. In Minnesota, there are laws in place that protect employees from being fired for unjust reasons. “At Will” Employment Minnesota is considered an “at will” state, which means that…
EXPERT WITNESS FOR FINANCIAL DISPUTES Interviewer: Mark Santi (MS), Minneapolis Attorney Interviewee: Don Keysser (DK) [Start of transcription] [00:00] MS: Hi. I’m Mark Santi. I’m an attorney here at Minneapolis. I’m meeting today with Don Keysser. He serves as an expert witness for financial disputes. Welcome, Don. DK: Thank you very much; pleasure to be here….
Introduction Minnesota employees may wonder what qualifies as sexual harassment or an unlawfully hostile work environment. In Rasmussen et al. v. Two Harbors Fish Company et al. (2012), the Minnesota Court of Appeals recently explained. Analysis from Court: Under the Minnesota Human Rights Act, an unfair employment practice occurs when an employer, because of a…
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. Here is a little tip to help enforce your oral agreements. The best way to help enforce…
Whistleblower Protection for Minnesota Employees To empower employees who report their employers’ unlawful conduct, federal and state law gives employees a right to sue employers who retaliate. Unlawful workplace retaliation occurs when an employer discharges, disciplines, threatens, discriminates against, or penalizes employees because they report a violation of any federal or state law or rule,…
Any website that allows users to post or upload images, audio, video, or text content may be concerned about being liable for illegal content such as copyright infringement, illegal porn, or other illegal content. This affects website owners, internet service providers, SaaS companies, social media, and hosting companies. Fortunately, there is a relatively easy way…
What federal or Minnesota laws, if any, govern language on coupons? There is no required language that a coupon must contain to be meet legal requirements. If a coupon is honest about its representations of material fact and clear and conspicuous about its terms conditions, then it is most likely in compliance with federal and…