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 …
READ MORE →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 …
READ MORE →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 …
READ MORE →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 …
READ MORE →Consider a hypothetical that tracks the kind of dispute trademark owners regularly face. A coffee company owns a well-known trademark for its line of blended, ice-based coffee drinks. A newcomer then …
READ MORE →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’ …
READ MORE →Courts take divergent approaches when interpreting partnership agreements that limit or waive fiduciary duties. Some enforce waivers between sophisticated parties; others refuse to give effect to …
READ MORE →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, …
READ MORE →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 …
READ MORE →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 …
READ MORE →Outside the trademark arena, the idea of unfair competition exists in both the common law and statute to protect businesses that have suffered an injury through deceptive or wrongful business …
READ MORE →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, which is …
READ MORE →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 …
READ MORE →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 …
READ MORE →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 …
READ MORE →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 …
READ MORE →Minnesota recognizes three common-law invasion-of-privacy torts: intrusion upon seclusion, appropriation, and publication of private facts. In Lake v. Wal-Mart Stores, Inc., 582 N.W.2d 231, 235 (Minn. …
READ MORE →Commercial disparagement under the common law allows for cause of action for when a defendant makes a false, misleading, or deceptive representation about another’s goods or services. Minnesota In …
READ MORE →Common-law and statutes allow for a cause of action when a company misrepresents the nature or characteristics of its goods to consumers. In Minnesota, a false statement in an advertisement is defined …
READ MORE →The Paris Convention applies to patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications, the repression of unfair competition and was signed in …
READ MORE →There are situations where you can use another company’s trademark and have that use protected as “fair use.” Some words used as trademarks also carry an independent descriptive, surname, or …
READ MORE →What is cybersquatting? Cybersquatting is the act of purchasing a domain name that uses the names of existing businesses, which are usually trademarked, for the sole purpose of either profiting from …
READ MORE →Operating a franchise involves the combination of these three elements: A license to use a trade or service mark, The payment of a fee by the franchisee to the franchise for the right to enter a …
READ MORE →Minnesota’s general usury law is codified in Minnesota Statutes Chapter 334. It sets a six percent legal rate of interest when the parties do not contract for interest in writing, and it caps contract …
READ MORE →Commercial General Liability Insurance Policy or “CGL” is a standard insurance policy issued to business organizations to protect them against liability claims for bodily injury or property damage …
READ MORE →Commercial general liability insurance policies for businesses are necessary. They provide businesses with protection of their property in case of damages or if they are ever sued. There are a number …
READ MORE →Business owners are typically very good at, and excited about the business, however they may not be good at the legal issues that come with forming and owning a business. Business attorneys work with …
READ MORE →This past legislative session brought significant changes to Minnesota Statutes Chapter 179A, the Public Employment Labor Relations Act (PELRA). The statute provides that sections 179A.01 to 179A.25 …
READ MORE →If a competitor, a former partner, or a former employee cost you business you expected to win, and did it through conduct that was itself tortious or unlawful, Minnesota recognizes a claim: tortious …
READ MORE →There are many different ways to form a business under Minnesota Law and one of them is a Limited Liability Partnership. A Limited Liability Partnership is basically a general partnership that has …
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