2017 Update: Minnesota’s Anti-SLAPP Statute Ruled Unconstitutional The Minnesota Supreme Court held that Minnesota’s Anti-SLAPP Statute was unconstitutional as applied to claims at law alleging torts. …
READ MORE →Minnesota Deceptive Trade Practices Act Minnesota’s Deceptive Trade Practices Act (“DTP”) creates a private right of action for a person who is injured by a deceptive trade practice. Under Minn. Stat. …
READ MORE →What Records Must You Keep About Your Employees? Under federal law and Minnesota state law, employers are required to keep a variety of records about their employees. Federal Law Federal law requires …
READ MORE →On August 4, 2014, the Minnesota Department of Health published the first draft of rules for the two persons/companies who are chosen as Minnesota’s two medical marijuana manufacturers. Below are some …
READ MORE →Under Minnesota law, medical cannabis is defined as cannabis provided to a registered patient taken as a liquid, pill, or by vaporizing. Minn. Stat. § 152.22, subd. (6). The following information was …
READ MORE →Is a Claim for the Breach of a Contractual Representation of Future Legal Reliance Actionable? Recently in a certified question, the Minnesota Supreme Court found that under Minnesota Law a claim for …
READ MORE →Remedies for Violations of Minnesota Franchise Act Under the Minnesota Franchise Act (MFA) there is a private right of action for franchisees, and anyone who violates the MFA is liable to the …
READ MORE →The Truth in Lending Act (TILA) was enacted on May 29, 1968, as Title I of the Consumer Credit Protection Act, and it focuses on the uniform disclosure of credit terms so that you can compare and shop …
READ MORE →Conversion is unlawfully taking or using someone’s property in a way that prevents the lawful owner from enjoying the full rights and benefits of ownership. This article explains conversion law in …
READ MORE →Capitalization for Corporations: Shares & Preferred Stock Essentially, Minnesota corporations have two options to raise capital. The corporation can issue shares of the corporation stock or it can …
READ MORE →Update: Minnesota replaced its original LLC act (Chapter 322B) with the Minnesota Revised Uniform Limited Liability Company Act (Chapter 322C). New LLCs have formed under Chapter 322C since August 1, …
READ MORE →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, …
READ MORE →What Is a Casualty Loss and How Do Businesses Deduct One? A casualty loss is a loss by fire, storm, or shipwreck, treated as sustained during the taxable year in which the loss occurs as evidenced by …
READ MORE →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 …
READ MORE →Benjamin Peeler, JD, CPA, LL.M., at Eide Bailly 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 …
READ MORE →Protecting your Business’ Reasonable Expectation of Prospective Business Relationships and Economic Advantage The Common Law Claim – Wrongful Interference with Business Relationships Until March 2014, …
READ MORE →Star Tribune: Business Attorneys, Aaron Hall & Maureen Carlson Business Law Firm at Center of New Industry JUX (formerly Thompson Hall), a business law firm in Minneapolis, filed a Supreme Court …
READ MORE →If someone trespasses on your real property, you can recover damages even where those damages are only nominal in amount. Sime v. Jensen, 213 Minn. 476, 481, 7 N.W.2d 325, 328 (Minn. 1942). A more …
READ MORE →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. …
READ MORE →Fiduciary duties arise from a relationship of special confidence, one that exists “when confidence is reposed on one side and there is resulting superiority and influence on the other.” …
READ MORE →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 …
READ MORE →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, unfair or unconscionable practice, …
READ MORE →“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. …
READ MORE →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 …
READ MORE →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 …
READ MORE →What Unjust Enrichment Means in Minnesota Unjust enrichment is a Minnesota equitable claim that lets you recover the value of a benefit another party received and cannot fairly keep, even when you …
READ MORE →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 …
READ MORE →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 …
READ MORE →Usually, false advertising claims are brought under the Lanham Act, a federal statute, and Minnesota’s Uniform Deceptive Trade Practices Act (“DTPA”), Minn. Stat. §§ 325D.43-.48. The …
READ MORE →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 …
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