Many claimants face an overpayment of benefits for one reason or another. This session will review some of the strategies to have SSA waive the overpayment or minimize monthly payments. We will also discuss briefly how to handle delays in processing waivers and mandamus.
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Public employers sued in civil litigation face unique challenges and may assert unique defenses. They are exposed to a wider array of claims than private employers. They benefit from an array of immunities, but sorting through which ones apply can be daunting, and securing the benefits of them at the most meaningful time—pre-discovery dismissal of a complaint—can be challenging.
The MSBA Construction Law Section is pleased to host their annual Case Law Update CLE. Join us for a summary and analysis of important case law developments in Minnesota Construction Law over the past year
In-house general counsel and private practice construction lawyers will present panel discussions and answer questions regarding wide-ranging changes in laws affecting the industry, including strict liability for lower tier wage theft, new limitations on contractual indemnity and insurance, legalization of marijuana, prohibitions on non-compete agreements, and more. We will also conduct a short business meeting and hold elections for the 2023-2024 Section Council.
The MSBA Construction Law Section is pleased to host their annual Case Law Update CLE. Join us for a summary and analysis of important case law developments in Minnesota Construction Law over the past year.
This legislative session has produced an exciting array of changes in Minnesota’s housing laws affecting the rights and responsibilities of residential landlords and tenants. If you are already practicing housing law, this session will tell you all you need to know to incorporate into your representation of landlords or tenants. And if you are considering doing housing work pro bono, this training is an excellent introduction to this challenging and dynamic practice area!
Last Spring’s legislative session was extremely active in the environmental and energy law areas. There was a nearly 300 page environmental omnibus that include PFAS bans among many other elements. On the energy side, a mandate for carbon free electricity led the way. As the summer ends, catch up by joining us for a panel that will describe what passed and what didn’t pass and how this may affect businesses and you clients.
Presenters will provide a recap of the main legislative changes made during the 2023 session that directly impact the work of the Minnesota Public Utilities Commission.
Picking up from where the Real Estate Institute left off, this presentation will provide a mid-year update on recent decisions by the Minnesota Supreme Court and Minnesota Court of Appeals touching on real property law and transactional practice. It will also highlight recent petitions for further review granted by the Minnesota Supreme Court and real property cases pending before the United States Supreme Court. The cases presented will touch on a variety of topics in real property law and practice, including: the statutory definition of "public waters," the scope of exculpatory clauses in contracts, the effect of conditions in a will on a devise of land, the scope of replacement-cost insurance required by state statute, and more!
Join us to hear from leaders of four of Minnesota’s environmental agencies about their priorities for their agencies and key current and upcoming environmental issues. This program provides updates on the key issues facing the Minnesota Board of Water and Soil Resources, Minnesota Pollution Control Agency, Minnesota Department of Agriculture, and Minnesota Department of Natural Resources. Each presentation will be followed by a question and answer session that will allow you to get up-to-date information on the issues affecting your practice.
Join us to hear from leaders of three of Minnesota’s environmental agencies about their priorities for their agencies and key current and upcoming environmental issues. This program provides updates on the key issues facing the Minnesota Pollution Control Agency, Minnesota Department of Agriculture, and Minnesota Department of Natural Resources. Each presentation will be followed by a question and answer session that will allow you to get up-to-date information on the issues affecting your practice.
This program will feature top technology tools and tips for lawyers in practice today. Topics will include top level security for your networks and portable devices, new hardware tools for safety and efficiency, and many software recommendations for the modern day lawyer.
Join us for the 9th Annual Corporate Counsel Institute! It will be held over two half days. Whether you are looking to learn more about a growing and important field or are already a seasoned practitioner, the Institute aims to offer you something interesting.
• GDPR and State Privacy Law Developments: A Panel Discussion of the Current Challenges and Strategies
• Open the Pod Bay Doors: Problems with AI
• General Counsel Roundtable.
• Ethics, Mental Health & Well Being in a Post-Covid Environment
• The Ransomware Epidemic | What In-House Counsel Need to Know About Criminals Taking Advantage of Those Working From Home
Immigration law and policy remain major issues in the United States. This CLE will bring attention to these developments and provide an opportunity for successful immigrant attorneys among us to speak about their careers, going through law school in the United States, obtaining a Minnesota law license, and practicing in different settings.
Learn during this informative CLE the techniques for identifying and navigating those with atypical personalities in the context of family law matters.
Communities throughout Minnesota must be prepared for natural disasters before they strike. Climate change is increasingly seen as causing extreme weather events for which communities must be prepared. Learn about what communities can do now to plan for disasters and ensure they remain resilient. Communities also need to be ready to respond to disasters. Understand the legal framework under State law for responding to emergencies and disasters. Learn best practices in drafting agreements for intergovernmental cooperation. Know your client’s potential liability when requesting or providing assistance in disasters.
Join the leaders of the Child Support Magistrate Program as they discuss the basics and complexities of Parentage cases in Minnesota. Attendees will learn about what is required in a parentage order, competing presumptions, issues related to the Recognition of Parentage, cases that have involvement in both family court with a parentage case and juvenile court with a child protection case, and some interesting stories from their years of experience working with cases as both attorneys and judicial officers. There will be time for questions.
Please join this distinguished panel of mediators as they discuss techniques and strategies for successful employment mediations. Martin Ho, Antone Melton-Meaux, and Sherry Ann Bruckner will offer their expertise on essential topics such as drafting effective mediation statements, client preparation, witness statements, and other strategies to steer the process toward a favorable outcome.
The Administrative Process was deemed Unconstitutional in 1999 and the Expedited Process (Ex Pro) was born. With this change to a judicial process to establish and enforce child support came new Court Rules and Child Support Magistrates (CSMs). Come learn about the Ex Pro Rules, what to expect from CSMs, and our observations of best practices from two Child Support Magistrates who have been involved in this process from the beginning.
This CLE will provide an introduction to Employment-Based (EB) immigration law for attorneys and paralegals. We will provide an overview of some common non-immigrant (temporary) work visas and routes to permanent residence through PERM labor certification and PERM-exempt processing. Our speakers include an in-house immigration attorney and an experienced immigration paralegal (turned law student), to discuss their experiences and perspectives.
A CLE collaboration and presented by Lawyers Concerned for Lawyers (LCL)
An introduction to the trauma-informed lawyering framework which will help legal professionals identify and acknowledge trauma and triggers in their lives. This session will increase our awareness of the impacts trauma has on the legal profession as a whole, and on each of us personally and professionally. Attendees will walk away with strategies for self-reflection, self-regulation, self-critique, and self-awareness which could improve their personal and professional relationships.
As “the new normal” continues to evolve, the legal profession—especially pro bono and legal aid practitioners—have an increasing interest in attorney and client mental health. Low-income people have been devastated by the pandemic. When they come to us for help, these clients are often sharing stress, depression, and other mental health concerns along with their legal issues. Pro bono and legal aid practitioners are best equipped to serve indigent clients when attorneys have tools to support their own mental health, and have knowledge of resources for clients in crisis.
The Appellate Practice section of the MSBA and Minnesota State Law Library created a joint initiative called the Appeals Self Help Clinic , a monthly clinic conducted via telephone to offer brief advice for people who are representing themselves. Volunteers are needed for each clinic and training can be immensely helpful in understanding what to expect. If you are interested in volunteering, please join us for this training program to understand what resources are available and get to know the program.
On June 13, 2022 Governor Walz signed a bill establishing a juvenile guardianship process for at-risk youth ages 18-21. Before, the state of Minnesota only had a process in place for youth under the age of 18. This new law created an avenue for immigrant youth 18-21 years old attempting to gain immigration protection under Special Immigrant Juvenile Status.
In this seminar the following topics will be covered:
Ethics Narrative: With all we have been through these last two years both in our professional and personal lives, many lawyers are feeling exhausted, discouraged, stressed, and "burned out." We know that burnout, and the chronic workplace stress that leads to it, has a significant impact on our lives and our health but may not realize the impact it has on our ability to be meet the ethical standards of our profession.
Join the Family Law Sections of the Hennepin and Ramsey Bar Counties as they discuss updates to child support law.
An overview of Trust management and how to keep your client out of court. A primer for your first Trust, as well as a prudent reminder for experienced practitioners on avoiding breaches of fiduciary duty by your client.
The objective of this program is to educate attorneys in Minnesota to identify and eliminate biases against formerly incarcerated clients, who are disproportionately Native, Black, and poor. We will familiarize attorneys with incarceration and post-release issues in Minnesota, encourage attorneys to actively inspect their own and others’ biases, and provide practical training on how to address and eliminate these biases through a better and deeper understanding of the reentry experience.
In the early 1940s, Clara Anderson worked as a bartender at a local hotel until the St. Paul City Council enacted an ordinance barring women from working behind the bar as men returned from World War II. Rather than lose her job to a man, Anderson went to court. Her battle lasted three years and involved one tenacious lawyer and nine judges along the way. Ramsey County District Court Judge John Guthmann accidentally discovered this long-forgotten case when conducting research for a judicial portrait dedication at the Ramsey County Law Library.
Interested in a career in immigration law? Curious on the differences among immigration attorneys who work in different settings? How is it like to represent the government in immigration matters? What is "crimmigration”? Do most immigration attorneys have their own practices? Can I still be in “big law” if I want to do immigration work? Join us as each of our presenters discuss what they do and how they got to where they are…
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Are you familiar with the Dred Scott Decision or Brown vs. Board of Education? Did you know our army was segregated by race in WWII? Do you know who Jackie Robinson was? What about the Fugitive Slave Act? In honor of Black History Month, these important historic legal and social issues will be covered by the Hon. Maria Mitchell of the 2nd Judicial District and Assistant Chief Judge Kristien Butler of the Office of Administrative Hearings.
Your bar association understands that finding new business is a crucial part of your practice. Simultaneously, the percentage of individuals that proceed self-represented in Minnesota courts has reached crisis levels. This CLE will provide an overview of the various programs the metro bar associations administer to address these issues, and how participating in them can help you grow your practice. This overview will include the Minnesota Lawyer Referral and Information Service (MLRIS), the Reduced Fee Program, Misdemeanor Defense Project, and the MN Unbundled Law Project.
The Thirteenth Annual Children and the Law Summit.
In this session, you will get a comprehensive overview of Artificial Intelligence (AI), from its historical development to its anticipated applications and future potential, particularly in the legal field. We will start by dispelling common misconceptions about AI and will explain its future role as a personal assistant and researcher. We will then explore the use of AI in legal administration, sharing insights on the impressive capabilities of GPT-4, an advanced AI model.
Co-sponsored by the Children and the Law Section and Criminal Law Section.
Under Minnesota law, children as young as 10 years old can be required to register as predatory offenders. In 2021, the Minnesota Legislature enacted the creation of the Predatory Offender Statutory Framework Working Group to comprehensively assess the predatory offender statutory framework” in Minn. Stat. § 243.166. The working group submitted its report to the Legislature on February 1, 2022, and there has been press coverage regarding that report.
During the 2022 legislative session, more than 130 bills addressing rights of transgender youth, their parents, and their communities were brought forward at state legislatures across the country. With few exceptions, these efforts were intended to limit young people’s access to medical care; to ban their participation on gender-congruent sports teams and in gender-congruent public spaces; to limit their cultural acceptance within their educational communities; and more.
Young humans who identify as transgender or nonbinary have become far more visible, which is reflective of greater parental and societal acceptance. Still, of the letters in the “LGBTQ+ alphabet” (lesbian, gay, bisexual, transgender, questioning/queer), it’s the “Ts” (transgender and nonbinary humans), especially those who are younger, who more often face unique challenges relative to personal relationships, public interactions, and many other things that non-transgender persons (the technical phrase is “cisgender”) take for granted.
A panel of young people will speak on their experiences as transgender or non-binary. These young people have also experienced the foster care system.
Lawyers are exposed to experiences that can lead to higher stress and greater consequences than those in many other careers. There is a clearly recognized continuum where unresolved chronic stress becomes a predictor for substance use problems and mental illness, particularly depression and anxiety. By understanding this continuum and the facts about addiction and mental illness, lawyers can reduce their risk and, hopefully, get help earlier when there is a mental health, substance use, or related problem.
Law Day Collaboration with the Ramsey County Law Library.
The American Bar Association’s (ABA) Law Day theme for 2023 is “Cornerstones of Democracy: Civics, Civility, and Collaboration.” Lawyers are civic leaders and members of the bar can set a standard for civil engagement on important issues. This Law Day CLE will explore issues related to civility and civic engagement, including the obligations of civility for attorneys and judges to each other and the public, the ABA’s new legal education standard related to professional identity formation for law students, and expectations of the bench related to civility.
The last few years have disrupted lawyers’ professional and personal lives. Attorneys may feel like their lives seem out of control, yet they are not alone in feeling the effects of a pandemic, economic downturn, or political divisiveness. Clients are affected too. Attorneys must manage their own emotions while simultaneously being sensitive and responsive to their clients. This program will identify normal feelings, reactions, and behaviors, and recognize when they are cause for concern. For some clients, reactions may rise to the level of impairment. Impairment comes in many forms, including substance use, addiction, or other mental impairments. It is not a lawyer’s job to diagnose, yet a lawyer must act accordingly.
In Energy Policy Advocates v. Ellison (A20-1344, Sept. 28. 2022), the Minnesota Supreme Court held that parties with common legal interests do not waive the attorney-client privilege or attorney work-product doctrines when they communicate with each other. In this one-hour webinar, hear about the decision, its scope and impact, and potential areas of uncertainty from public and private practitioners involved in the case. Topics to be covered include the uncertain lines between protected “legal” interests and unprotected “policy” interests; and when and how inter- and intra-agency communications are protected.
Though treated as distinct areas, there is substantial overlap between consumer law and landlord/ tenant law. Ryan Peterson, a consumer law litigator, and Dan Suitor, a housing attorney and tenant’s rights advocate will discuss from their complimentary perspectives how these constantly and rapidly developing practice areas can and do interact with one another.
Landlord-tenant law is an under-litigated field, with a lack of binding case law and private representation resulting in a number of legal grey areas. The flurry of activity in the legislature this past session will only increase this interplay, providing opportunities for practitioners bringing or defending new claims. Finally, the presenters hope to spur discussion about applications of the newly revived Prevention Against Consumer Fraud Act.
In November, the 2022 United Nations Climate Change Conference known as COP27 was held in Sharm El-Sheikh, Egypt. There was a strong Minnesota presence at COP27. Join us for an exciting panel of Minnesota COP27 attendees from business, local government, education, and the public interest sector. The panel will discuss: what is COP27, what did it accomplish and what must happen next. They will also explore what may come next in the international effort to address climate change and how that may affect Minnesota citizens and businesses.
Lawyers have been identified as the loneliest workers in America, and we now find ourselves in the midst of a declared health crisis of loneliness, isolation, and lack of connection. We exist in a web of human relationships which is an essential source of well-being, yet isolation poses a risk to our mental and physical health and our lives. This program explores causes and effects of isolation and ways we can build a culture of connection in the legal profession.
Attorneys adopt habits and patterns for many good reasons. Efficiency and quality control are just two. Still, we as attorneys may develop practices for counselling our clients or drafting health care directives that need rethinking to meet the needs of individuals with different cultural backgrounds and lived experiences than our own.
IWIRC Members will discuss current issues in crypto currency, including what is crypto and current trends in regulation, bankruptcy, preferences, and legislation.
This session covers how to effectively advise your client as they work through each of the steps of the insurance claims process following a cybersecurity incident or other data privacy compromise. A cyber risk leader from the insurance industry and an experienced data privacy lawyer team up to teach this engaging, practical session.
This session will address: • What different types of cyber liability insurance are available and what considerations play into the selection, application and underwriting processes? • What should I look for in terms of scope of coverage and policy, and are there any common pitfalls? • How should cyber liability insurance be addressed in contracts? • And much more!
Ransomware. Spear phishing. The “insider” threat. Organizations and firms face a myriad of cyber threats that come with ample amounts of risk. From reputational damage to financial losses, the possible costs of a cyber attack or data breach can be challenging to quantify—and mitigate.
Most estate planning attorneys will eventually find themselves working with a client who is at the end of their life. Although estate planners are experts in the matters of post-death business, many attorneys find it uncomfortable to discuss death itself. Failing to be an effective communicator regarding this topic can inhibit the attorney-client relationship. Further, working with clients at the end of their life can pose unique ethical considerations.
Join attorney, Sarah Bushnell, for a discussion of important changes to employment leave and wage disclosure laws in Minnesota. This presentation will cover several law changes, including Minnesota’s new Earned Sick and Safe Time (ESST) paid leave law. The discussion will cover ESST’s application to various classes of employees and resulting changes to employment policies and handbooks.
The Infrastructure Investment and Jobs Act (IIJA) appropriated $42.5 billion nationally to subsidize the deployment of broadband to unserved areas. The program, called the Broadband Equity, Access, and Deployment (BEAD), will also fund new digital equity initiatives.
Being a jerk is easy. It’s especially easy if our opponents are jerks first. It’s also a pretty lousy way to practice law. Being advocates doesn't mean lawyers need to be rude, sneaky, obstructionist or condescending – no matter how tempting or satisfying it may feel in the moment. Ethics rules call on us to make meritorious claims, expedite cases, and act with candor and fairness toward courts, parties and opposing lawyers. In this session, we’ll discuss how lawyers best serve their clients, the judicial system, and our profession by following both the letter and the spirit of those rules.
The last several years have resulted in important developments for federal employment law cases. Join us for an update of the important Eighth Circuit cases that directly impact Minnesota employment law practitioners.
If you were not able to attend the live presentation of the 2023 Elder Law Institute, this hour-long re-cap will provide you with a snapshot of some of the key presentations at ELI.
This annual CLE focuses on current and emerging issues related to long-term care, particularly in the assisted living and nursing home settings, that are of interest to Elder Law attorneys and related professionals as well as the clients they serve.
This program will focus on mediation of employment claims and related types of disputes. A panel, comprised of a plaintiff’s employment lawyer, an employment defense lawyer, and a mediator experienced in handling employment issues, will walk through the stages of a mediation of an employment case.
Contrary to some beliefs, environmental liability insurance is currently available and generally affordable. Environmental liability insurance can play an important role in brownfield redevelopment, mergers and acquisitions, corporate risk management, ESG and other business contexts. Please join us for what will be an interesting CLE that will explore the type of environmental insurance policies available in the marketplace, the benefits and limitations of this important risk management tool, insights into the strategic use of such policies and how liabilities involving emerging contaminants such as PFAS and ethylene oxide may impact the market.
The Minnesota Department of Health (MDH) Environmental Health Division plays a criterial role in protecting the health of Minnesota citizens. Its responsibilities are wide and far reaching, covering air, drinking water, chemical hazard assessment, retail food safety, indoor air quality, radiation, lodging safety including education, licensing and compliance activities. From PFAS to HRLs, from lead paint to food sanitation, the division takes an active role in protecting Minnesota.
Estate recovery under Medical Assistance involves more than just the nursing home context. This session will review two pending cases involving Estate Recovery litigation in the home and community-based services setting. Each presenter will walk through the procedural posture of their current matter, the issues that are in dispute, the legal support for the elder law client’s position, as well as “best practice” tips for elder law attorneys handling estate recovery cases.
Susan Humiston, Director of the Office of Lawyers Professional Responsibility, reviews recent attorney discipline cases and shares lessons from recent cases. Director Humiston will examine the professional conduct rules that were violated and give practical advice to avoid the conduct that caused actual discipline for Minnesota attorneys. She will also discuss the recent review of the discipline system conducted by the ABA and the status of the court’s consideration of recommendations made by the ABA.
Join Karin Ciano of the Minnesota Office of Lawyers Professional Responsibility as she navigates through the complexities of ethical challenges in probate, drawing insights from recent cases to provide valuable lessons for legal professionals. Explore the ethical landscape of probate practice and gain practical knowledge to enhance your professional conduct in this dynamic and informative session.
An opportunity to hear from a panel of experts including two Court of Appeals staff attorneys who specialize in criminal appeals and an appellate court judge. The panel will be moderated by an appellate public defender. Topics that will be discussed include good and bad issues to raise on appeal, motions to strike and discretionary appeals. Participants are encouraged to send in questions ahead of time and the panel will also answer questions submitted during the CLE.
The CLE will cover the legal requirements for obtaining a deposition of an expert under state and federal law, strategic reasons for taking (or not taking) an expert deposition, and various strategies for conducting a successful deposition.
Older adults are especially vulnerable to violent crime, neglect, and exploitation, including financial fraud. Elder abuse is often difficult to detect, as the perpetrator may be a caretaker, family member, or other individual on whom the victim must rely for basic needs. Accordingly, victims may be reluctant to report a crime. This presentation will focus on financial exploitation and provide you with an overview of this crime, its prosecution and the role of the Attorney General’s Office
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John Carney, an attorney and digital forensics expert, and Jason Olson, a forensic accountant with Eide Bailly, will discuss key facts that attorneys should know about the investigation of crypto asset movement in the context of litigation and estate planning.
The IRS is an extremely powerful and effective debt collector. If your client owes the IRS taxes from joint returns filed with their ex-spouse, simply allocating the debts to the ex-spouse in the divorce decree, by itself, will not protect your client from IRS collection efforts related to the debts, including filing of federal tax liens and levies against wages, bank accounts, retirement accounts, or home foreclosure action.
This program briefly reviews the lawyers’ impairment and well-being reports. It then explores proven elements of resilience by the US Army and others and offers examples and methods for incorporating them into our work as lawyers, reducing our risk, and enhancing our well-being.
Effective August 1, Minnesotans over age 21 will be able to legally grow cannabis plants at home for “personal adult use”. This webinar explores Minnesota’s new home-grown cannabis legislation from legal and public policy perspectives – and also considers some practical questions about how to legally grow cannabis at home.
The recent Henry ruling has added new analysis in Minnesota caselaw for hostile work environment claims under the Minnesota Human Rights Act. It also analyzes adverse employment actions in the form of constructive discharge and adds clarification regarding the plaintiff’s burdens when bringing these claims.
Join us for a virtual panel discussion about the bankruptcy software used by debtors’ counsel to complete bankruptcy schedules and more. Keith Crusius of LegalPRO Systems, Inc. will present his company’s Jubilee Software; George Vogl of Stretto will present BestCase; and Timothy Shadoan of NextChapter will present the software of the same name. How has bankruptcy software evolved? How does each vendor distinguish themselves? Where is the software going?
Human rights concerns increasingly inform decisions under U.S. trade law. The U.S. Government now considers human rights in making export controls decisions, new sanctions designations, negotiation and enforcement of free trade agreements, and, especially, U.S. policy towards China. This CLE will provide an overview of recent developments on human rights and U.S. trade law, with analysis of key legal issues for corporate counsel, non-governmental organizations, and the interested public. Topics will include how human rights have resulted in new export controls, how human rights impact export control licensing decisions, sanctions designations for human rights reasons, labor provisions in the U.S.-Canada-Mexico Agreement (USMCA), and more.
The newly passed Inflation Reduction Act includes substantial tax breaks for the owners of renewable energy projects if they are constructed and operated as required by the IRA.
This panel of former law clerks share invaluable insights on the do's and don'ts of litigating before various levels of courts. They will discuss the art of effective oral and written communication to court staff, law clerks, and judges. The panelists will draw on their varied experiences to shed light on crafting a compelling legal argument and advocating for your clients.
When you get to trial, your case is only as good as the evidence the judge or jury actually get to consider. So, getting comfortable with – and paying attention to – the rules and procedures for getting testimony, documents and other evidence into the record is an important part of your trial practice and trial preparation. Retired Hennepin County District Court Judge Thomas Fraser and Kyle Kroll– a Minneapolis attorney with a litigation practice – will walk through some of the key practices you need to keep in mind as you prepare your evidence and when you present it in court. The 1-hour session should be a good introduction for newer lawyers, as well as a useful refresher for attorneys who have been in practice for a while.
The presentation examines the intergenerational trauma of federal American Indian policies that led to the Indian Child Welfare Act (ICWA). It also explores current policies and practices that impact Indian child welfare and their influence on the relational experience with the American Indian children and families we serve. We will hear perspectives from practitioners and the bench that illustrate the nuances of policy and practice.
Janet Olawsky (employer side attorney) and Brendan Cummins (employee-side attorney) will cover the Minnesota CROWN Act, the potential implications of the affirmative action cases before the United States Supreme Court, and other developments in race discrimination law.
The United States remains one of the most attractive markets for foreign direct investment in the world. At the same time, a foreign person who wishes to invest into the United States has to navigate through an intricate web of state entity and business laws and comply with the most complicated tax system in the world.
Effective July 1, 2005, the State of Minnesota passed a Statute which stated that all irrevocable trusts will be deemed revocable when a person applies for Medical Assistance (originally codified as Minn. Stat. § 501B.895 and recodified as § 501C.1206 with the adoption of the Uniform Trust Code in 2016). This effectively eliminated the ability, in the State of Minnesota, to use irrevocable trusts to shelter assets from being counted in a Medical Assistance eligibility determination, even if such trust was created and funded prior to the look-back period for uncompensated transfers.
Now that the DFL has seized control of the Minnesota House, Senate and Governor’s mansion, it appears that Minnesota is poised to legalize adult-use marijuana. Learn what that may mean for Minnesota businesses and the economy. Even if Minnesota legalizes marijuana in 2023, it likely would take several years to implement the new program. In the interim, the Legislature likely will place additional guardrails on newly legal hemp-derived THC products. Learn about what those new restrictions might mean for Minnesota businesses and consumers.
As part of a Justice for Families grant, Hennepin County Family Court conducted multi-cultural listening sessions with the goal of creating a more culturally responsive legal system for all communities struggling with domestic violence. This program will share feedback obtained from those sessions about current gaps, barriers and needs in the legal process for those experiencing domestic violence in family court cases; and will discuss the process of developing and holding those listening sessions and its replicability in other communities around the State.
talk about the judicial selection process from start to finish. Learn about what it’s really like to apply for a judgeship, considerations, and expectations. You’ll also hear from Judge Shan Wang and Judge Johnathan Judd who recently joined the bench. They will talk about their experiences and give you advice as you contemplate applying to become a judge.
Join us for a presentation on what's new on the legal landscape in Mexico, Brazil, Argentina, Colombia and Chile.
More than a generation ago, Tony Kushner explored homophobia and the complicity of lawyers in perpetuating discrimination in Angels in America. This elimination of bias law and literature CLE revisits this work, asking what we have learned in 30 years and what can we learn from this play at a time when intolerance seems to be on the rise. In two CLE sessions, we shall discuss Angels in America, Part One Millennium Approaches, by Tony Kushner.
Following registration, you will receive the reading materials in advance of the session. Attendees are expected to read the play in advance and come prepared for a lively discussion.
This program will discuss how the Minnesota Rules of Professional Conduct interact with a lawyer’s use of social media. An overview of the rules that impact conduct will include Competence, Confidentiality of Information, Conflict of Interests–Current Clients, Trial Publicity (Extrajudicial Statements), Truthful Statements, Communication with Represented Parties, Impartiality and Decorum of Tribunal, Judges and Legal Officials among others.
You won’t want to miss the dynamic brother and sister duo as they discuss the power of the mind as it relates to managing people and managing stress. Listen, learn, and laugh along with Jon and Rachel, siblings who grew up riding their big wheels together through the streets of North Central Wisconsin navigating a strong family tree that includes: lawyers, doctors, engineers, teachers, and factory workers.
As Artificial intelligence (AI) continues to transform the health care industry, join us for a discussion of the current legislative and regulatory landscape, practical considerations for effective governance of AI, and other key considerations when implementing AI-enabled software in the healthcare environment.
Practical demonstrations and tips in Westlaw, LEXIS, and FastCase for the occasional, reluctant legal researcher.
As people age, the number of people who experience significant age-related hearing and vision loss increases: almost 50% of people over 70 have significant hearing loss and about 12% have significant vision loss. With an understanding of what our senior clients are experiencing, and what you can do to assist them, you can improve the quality of service you provide, and help reduce frustration in the estate planning process.
As lawyers, our duties under the Rules of Professional Conduct underpin our service to clients. We are accustomed to quiet withdrawals, transfers of representation, and serving clients well, even when clients are at their most difficult. We work in the midst of looming deadlines, mountains of cases, negativity, and other stressful conditions. Our duties as advocates frequently put us in the line of fire with difficult parties and opposing counsel, while requiring us to maintain the integrity of the profession and respect the rights of others. Learn how stress, negativity, and ethical duties interact and how we can better manage our practice, our lives, and our ethical obligations.
Join our discussion on managing your goals, and stress, in the New Year. With 2022 over, many of us have set professional (in addition to personal) goals for 2023. Discussion topics will include how to set attainable goals, measuring progress on your goals, managing time, prioritizing, how to say "no" (politely), and dealing with stress. The discussion will be moderated but is attendee-driven. Please feel free to bring your thoughts and be prepared to share.
Using a Medicaid Compliant Annuity for a married couple is a great way to accelerate eligibility while preserving assets in the process. However, considering all the case facts, choosing the appropriate strategy, and properly structuring the annuity are all key to achieving the best outcome. Join Krause Financial Services’ President and CEO as he explains how a Medicaid Compliant Annuity can be used for your senior clients, the best practices he’s learned through his years of experience, and the major pitfalls every attorney should be on the lookout for. Plus, Dale will discuss a real-life case study to show the strategies in action.
Meet and hear from the newest Judges on the Ramsey County District Court Bench. Led by Judge Kelly Olmstead, the judicial panel will share their background, professional and judicial experiences. Additionally, since the pandemic, hear brief updates of the second judicial district.
Our profession and our clients are aging. Learn about mental health (including cognitive impairment) and addiction issues and the realities, risk factors, and resources specific to older adults. Understand unique barriers to getting help for older adults, characteristics of older adult mental health, chemical dependency and gambling problems, and the difference between dementia, grief, and depression. The program will touch on ethical issues if an impairment is present and offer a protocol to encourage someone to get help.
Retired or not, senior judges and lawyers have complex worries and distractions, now more than ever. Senior Judge Miles will introduce tips for some mindful time-outs and will take a deeper dive into the scientific and anecdotal evidence which supports the benefits of mindfulness and meditation. Neuroplasticity of the brain is a key concept and Judge Miles will show that a mindfulness practice begun at any stage of life promotes improvement in resilience to stressors. The curious and the doubtful are especially welcome!
MN Legislators gave Landlord/Tenant attorneys a lot to think about in 2023. This CLE will offer insights into the latest developments shaping the rights and responsibilities of both landlords and tenants with regards to the new Cannabis Laws as well as other legislation changes.
The new Hospital Presumptive Eligibility and Uninsured Discount Law will take effect November 1, 2023. Its provisions are reminiscent of the Attorney General Agreement requirements, but with some new twists.
Observations on the electric power grid as the generation resource mix transitions toward a more decarbonized future.
Minnesota employers faced a myriad of new compliance challenges following the most recent legislative session. Beginning January 1, 2024, employers must be prepared to meet new obligations under the Minnesota Earned Sick and Safe Time (ESST) law. Join us for a discussion of the key issues to consider when implementing new ESST programs or adapting existing paid time off programs to meet the requirements of ESST, including how the new ESST requirements will intersect with Minnesota’s upcoming Paid Family and Medical leave obligations, which will follow.
Speaker Brett Leschinsky will provide a handbook for attorneys that will walk them through the options for clients wanting to keep their current rate post-divorce. It will include multiple client scenarios (cooperative, spiteful, etc.) in order from best-case to worst-case.
As the surge of the pandemic lessens, many law firms have established a “new normal” work environment, shaped by the lessons of the pandemic. This CLE explores factors that shaped the new workplace, a variety of “return to work” approaches, and the impact on the well-being of lawyers and legal staff and on the business of law.
This program will explore the DOJ Guidance Memorandum dated 11/17/22 governing the Attestation that may be filed in student loan discharge litigation brought in the bankruptcy court pursuant to 11 U.S.C. section 523(a)(8), whom to serve in such actions and how to accomplish proper service, how to best complete the attestation, the reports generated by the Dept. of Education in such litigation and how to make use of such reports, availability of partial discharges, and how to navigate the student loan discharge landscape under the new DOJ Guidance.
Join us for an in-depth review of the recently completed Minnesota legislative session. It was a historical session that produced major changes in many areas of civil and criminal law. MSBA lobbyist Bryan Lake will give an overview of the new laws that will transform the state and impact a wide variety of practice areas.
New Strategies to Qualify for Medicaid: Irrevocable Trusts, Annuities, and Re-establishing Eligibility Post-COVID. Come learn about what recent and upcoming changes in MN Medicaid law mean for your clients, and loved ones. Become an up to date issue spotter for seniors and persons with disabilities who are concerned about the cost of long term care, or are already on Medicaid.
A new year brings with it a great opportunity to address ethical concerns, and to learn about potential ethics issues that you may not be aware of, but that could present concern. This CLE will cover several ethics topics that are often overlooked, but that can result in lawyers facing discipline.
COVID necessitated remote court hearings and the development of the OneCourt Hearing Initiative (OHI). Now that we’re over 3 years into the pandemic, OHI is implementing updates to respond to recommendations for improvement. Join us for an OHI update so you remain “in the know.”
Hear from experienced practitioners on common trip-ups their clients have and how they approach challenging meetings.
The First Round of the Fiscal Year 2024 H1B Lottery is complete and lots of people are disappointed. Selection rates were quite low; much lower than last year. This follows a Fiscal Year 2023 where selection rates were a little over 25% or so. What are the main legal options do employers have and employees have in light of this environment. What are the risks? Where are the opportunities if any to be found?
Surveys tell us that one of the primary reasons attorneys don’t do pro bono work is due to a lack of expertise in the subject matter. How can you overcome the knowledge barrier? Hear from pro bono advocates and experienced attorneys who practice substantive areas outside of their pro bono work and learn how you can tackle the pro bono imposter syndrome to help break down barriers for those in need of legal help.
Minnesota Adult Use Cannabis: Learn about the recent changes to Minnesota Law, creating a seed to sale industry framework. An Overview of the legislation, insights about regulation, and what public entities are doing now to prepare.
Professional service providers may often face a perplexing decision when selecting the most advantageous entity type for their business to align with to optimize their career prospects. In this comprehensive analysis, we will present an examination of the advantages and disadvantages associated with the prevalent tax filing entities in the industry. Our evaluation will encompass an overview of the overall tax position, business structure, as well as potential additional tax deductions and strategies such as pass through entity tax state elections and qualified business income deductions, among others.
The Connecticut Department of Children and Families has recently been recognized in the media as paving the way for transformation of the child protection system, including reducing out-of-home placements for children as well as racial disparities in the system. Commissioner Dorantes and Deputy Commissioner Hill-Lilly will share their knowledge, expertise, and experience in Connecticut to combat racial disparities in the child protection system and prevent the trauma of out-of-home placements.
The last year brought significant changes to policing in Minnesota. This CLE will explore some of those changes, including the adoption of new rules regulating police officer licensure, a change in the way our state handles disability claims for officers with Post Traumatic Stress Disorder, and the approval of a far-reaching consent decree governing the operations of the Minneapolis Police Department.
This presentation will deal with the basics of conducting a partition action. When partition can be brought, necessary property interests. Property which is subject to partition. Elements of the partition complaint and defenses thereto. Methods of partition, in kind or by sale. Conducting a partition by sale.
This will be an interactive session providing an overview of the requirements, protections, and limitations of the various privileges (such as attorney/client and accountant/client); “Kovel” engagements; and settlement discussions and documentation. We will also cover various state and ABA ethics and professional rules of conduct relating to these matters.
This Elimination of Bias CLE examines the disposition of 210 bankruptcy adversary cases, and how the intersection of economic status and cognitive bias negatively impacts bankruptcy debtors.
Drafting the correct documents to sell or distribute real property from a probate estate and the steps necessary to get them recorded.
On the heels of recent SCOTUS decisions regarding Miranda, firearms, and/or other rulings that impact the practice of Criminal law, this CLE hopes to offer clarification on what has actually changed, what has not, and what is yet to be seen. The Criminal Law Section and the Minnesota Association of Criminal Defense Lawyers (MACDL ) is co-hosting this timely presentation.
In serving clients, the profession, and the system of justice, lawyers bring intellect, passion, and skill, carry significant workloads, and work long hours in close relationship with others solving difficult problems. Lawyers seek not only justice and successful resolution for clients and others, but also fairness, meaning, and intrinsic and external rewards for themselves. These aspects of a lawyers’ work including bias can cause chronic stress, resulting in burnout, poor physical health, or other health challenges such as anxiety, depression, substance use, addiction, and mental illness. Effectively managing workplace stress is critical to lawyer health, competence, and ethical responsibility.
Immigration law keeps changing and it remains a major issue in the United States. This CLE will bring attention to recent developments in immigration law and provide an opportunity to review current issues affecting the Venezuelan community.
The panel will share successes and challenges in representing Venezuelans in today's immigration.
In Celebration of Black History Month, this program is co-sponsored by the RCBA, HCBA and MSBA New Lawyers Sections in Partnership with The Givens Foundation for African American Literature
Fredrick McGhee was and is the only major Minnesota public figure born in slavery; the first locally-famous African American; and still the greatest of Minnesota civil rights leaders.
Minneapolis and Saint Paul voters have recently weighed in on the political “third rail” of rent control, leading to new governmental efforts in the area and continued controversy.
Rent regulations, meanwhile, appeal to the general public and policymakers, but they also create perverse incentives that work against affordable housing in the long run.
Attendees will learn about these developments-and what future events may be brewing-from a panel of industry leaders, professionals, and others in the know. All landlord/tenant law practitioners will want to attend and make sure they are up to date on this critical information.
This program will discuss the following with time for Q&A:
• History and current status of Family Court Guardian ad Litem program • Volunteers vs. State employees • Qualifications of a State employee GAL • Mandatory vs. permissive appointments • Appointment process • Post-appointment process • GAL Rules
As baby boomers age, they demand new ways of imagining senior living. What will that mean for the landscape in Minnesota in the next 10-20 years? What will be available, and to whom, and how may Minnesota differ from other states? What impact has recent Minnesota legislation had, and how might the law need to adapt in the future?
This presentation by Joanna Labastida of the Office of Lawyers Professional Responsibility will review the American Bar Association Opinion 500 and the ethical implications of language access in the client-lawyer relationship. The discussion will review specific rules of professional conduct, scenarios you might encounter in your practice, pitfalls to avoid and practical resources to ensure you are communicating effectively with your clients.
This CLE will discuss types of early mediation programs that have been successfully implemented in businesses, including the structure of the programs, how the proponents of these programs can obtain buy-in from stakeholders, and will review research in this area.
Join us for a presentation on short-term rentals - potential problems and solutions.
Join the Immigration law section for this informative CLE. Panelists will discuss the challenges in representing non-citizens in their Civil Litigation, Estate Planning and Employment practices.
Navigating eligibility for Medical Assistance can be confusing and frustrating. As advocates, we are often tasked with providing the best strategies for clients to maximize the assets they are allowed to keep and still obtain eligibility for Medical Assistance benefits.
In 2023 the Legislature passed three bills that significantly impact election procedures and administration in Minnesota. Several laws already have taken effect, some took effect on July 1, 2023, and several take effect in 2024. Significant changes include modifications to the absentee and early voting process, modifications to the ability of convicted felons to vote, and changes to voter conduct prohibitions at polling places.
Lawyer Wellness CLE Series
Presented by Lawyers Concerned for Lawyers and co-sponsored by the Criminal Law, Civil Litigation, and Solo Small Practice Experience Sections
The stress lawyers face is a predictor for depression, and untreated depression is the #1 predictor for suicide. Lawyers must also deal with the fact that clients can be suicidal. This program will help you understand the facts and myths about suicide; recognize signs and indicators for clinical depression, anxiety, and suicide; and provide resources and a protocol for offering and seeking help to prevent suicide.
A 2020 survey from the American Bar Association found the average debt for law school graduates has increased to more than $150,000—a staggering amount affecting new law lawyers as well as clients, the legal profession, and the economy.
In one compact hour, hear about the most recent contracts cases winding through the courts. Topics include arbitration clauses, choice of law and forum, unjust enrichment, and more. This CLE will update you on the latest developments in electronic technology contracts.
PUC Chair Katie Sieben and former Chair LeRoy Koppendrayer will provide insights into their contrasting roles as Chair of the Minnesota Public Utilities Commission during very different times over the past 20 years. The energy transition presents unique challenges during this time of unprecedented change and Moderator Phyllis Reha, former PUC Commissioner, will explore their respective roles and how these roles have evolved over time.
The Public Utilities Section will briefly host its annual meeting and elections at the beginning of the program.
Neuropsychologist Dr. David Alter returns to share more about planning and living your retirement. Dr. Alter’s emphasis on the intersection of mind, brain, body, and behavior leads to a new way of looking at your post-career self. Learn how lawyers, heavily “left-brain” dependent, can appreciate our right-brain abilities and take steps toward a more rewarding future: one that balances certainty with discovery and leads to more sustainable joy.
The Chevron doctrine is an administrative law principle that says federal courts should defer to a federal agency's reasonable interpretation of an ambiguous or unclear statute that Congress delegated to the agency to administer. In recent years, it has been under attack as part of the pushback against the so-called administrative state. In its current session, the US Supreme court will hear two cases concerning Chevron. We will have assembled a distinguished panel who will discuss the history of Chevron, its importance to environmental regulation, the Supreme Court challenges and the potential aftermath should Chevron be overturned.
The goal of this session is to provide attendees with a foundational knowledge of the Administrative Procedures Act (“APA”). The focus will be on the history of the APA, a discussion of caselaw surrounding the APA, the potential ongoing impact for taxpayers, and opportunities to utilize the APA in advocacy situations.
Are confidentiality and non-disparagement clauses illegal??? The impact of the NLRB’s Recent McLaren Macomb Decision.
Cannabis enforcement and prosecution has been a significant portion the criminal justice system for decades. With new legislation in Minnesota, learn about what’s changed, how expungements will work, what the federal law implications are, and if the criminal justice system thinks this will bring relief to their workloads.
An art history professor at Hamline University ignited intrigue and debate by introducing students to artistic representations of the Prophet Muhammad during class, a move which offended some students, led the university to not renew the professor’s contract, and now serves as the centerpiece for litigation about academic freedom.
Sponsored by MSBA, HCBA, and RCBA New Lawyers Sections and Civil Litigation Section
The Minnesota Supreme Court recently recognized the common interest doctrine. Join us in exploring the guidance offered by the Court on this new exception to waiver, as well as persuasive precedent from around the country. Attendees in the private and public sectors alike will gain practical insights they can apply to questions about common interest in their day-to-day practice.
The ABA has recommended to the Minnesota Supreme Court momentous changes in the Minnesota lawyer discipline system. Join three premier local legal ethics attorneys in describing and evaluating these recommendations. The Court has requested comments by year end. Our experts will evaluate the ABA recommendations and offer their own views on needed changes.
The CLE program will provide an explanation of the procedural and substantive work done by the District Ethics Committee (DEC) when investigating and reporting Complaints filed against Minnesota attorneys, in accordance with the Minnesota Rules of Professional Conduct and the Rules on Lawyers Professional Responsibility.
In 2021, the U.S. Supreme Court for the first time addressed the online, off-campus First Amendment speech rights of public school students in Mahanoy Area School District v. B.L. Known as the “Case of the Cursing Cheerleader,” the Court in Mahanoy failed to create bright-line rules regarding when schools may permissibly punish students in the digital era for their texts, messages and posts on social media platforms. Professor Calvert will address the Mahanoy decision and place it within the larger context of the Court’s four prior rulings directly affecting the speech rights of public high school and middle school students.
Join us as representatives from Governor Walz’s Commission on Judicial Selection talk about the judicial selection process from start to finish. Within Ramsey County, learn about what it’s really like to apply for a judgeship, considerations, and expectations. For this presentation panel, hear from recent appointed second judicial district judges, as they share their experiences and provide advice as one contemplates applying to join the bench.
In this event, taking place during Native American Heritage Month, Andrew Adams III and Arielle Wagner will discuss the U.S. Supreme Court’s recent 5-4 decision in Oklahoma v. Castro-Huerta, ruling that states have jurisdiction to prosecute crimes committed by non-Natives on Native land. Learn about the historical context of the decision, Justice Kavanaugh’s majority opinion and Justice Gorsuch’s vigorous dissent, the landscape in Minnesota, and possible consequences of the decision here and elsewhere.
Hear from three busy attorneys how to organize and manage your time, work flows, and practice to get the most done but still stay sane (most days).
A conversation with four experienced attorneys about the hidden traps and unforeseen consequences of TODDs while still considering when TODDs can be very useful.
A Celebration of Law Day | The Legacy of Roe v. Wade
The Supreme Court’s 1973 decision in Roe v. Wade holding that a woman’s right to choose to have an abortion is a fundamental constitutional right has been continuously questioned. Subsequent decisions have weakened Roe, including the Court’s 1992 in Planned Parenthood of Southeastern Pennsylvania v. Casey, although the Court did reaffirm Roe’s central holding that a woman has a fundamental right to choose to have an abortion prior to viability. This term, the Court heard arguments in Dobbs v. Jackson Women's Health Organization, which directly presents with the issue of whether Roe should be overruled. This program will explore the implications the forthcoming decision in the case.
This program was presented in collaboration with the Ramsey County Law Library and in celebration of Law Day.
Community decision-making and peacebuilding efforts around the globe have been and continue to be affected by trauma thus necessitating a trauma-informed approach to conflict resolution, breaking recurrent cycles of violence, and fostering the trust and collaboration required for sustainable project outcomes and stable societies.
In CHIPS and delinquency cases in Minnesota, youths age 10 years and older have the right to a lawyer. Youth’s counsel’s role is to advocate for the stated interests of each youth and to maintain as “normal” a client-lawyer relationship “as far as reasonably possible.” Sometimes, in pursuit of a youth’s stated goals or decisions, the actions of youth’s counsel can at first appear unreasonable, unwise, and not in the youth’s “best interests.” In this CLE, learn from a youth advocate why fidelity to a youth’s stated interests as opposed to the youth’s best interests is so necessary and important in CHIPS and delinquency proceedings.
Being a grief-informed attorney can take time and energy but understanding grief and developing various tools and approaches to providing supportive representation to grieving clients can not only strengthen an attorney's practice but benefit the client immensely as well.
When Minnesota “accidentally” legalized some forms of THC last year, it made recreational marijuana legalization all but guaranteed. This raises a not insignificant amount of questions for the construction industry. Can employers prohibit all marijuana use for safety sensitive positions? What happens if an employee tests positive? What if we find marijuana at work? What happens if an employee gets injured at work and we hear rumors they were high? This session will cover the likely answers to these questions and provide some practical approaches to addressing weed in the workplace.
In West Virginia v. EPA, the Supreme Court relied on the Major Questions Doctrine to hold that Congress did not grant the EPA the authority to adopt a generation shifting approach to combat climate change. This virtual CLE will discuss that opinion and its implications for judicial deference to agency interpretations. It will also discuss the current doctrine in Minnesota on judicial deference to agency interpretations and conclude by addressing whether the West Virginia v. EPA case could have an impact on administrative law doctrine here.
We’ll discuss how MN is approaching recreational legalization and dig in on three topics:
1) The basics for companies considering jumping into the new cannabis market, including licensing requirements and the timeline;
2) Employment law changes relevant to all businesses with Minnesota employees: drug testing, policy changes, dealing with on-the-job impairment, etc.; and
3) When and what consumers can expect, and how this interacts with the hemp-derived Delta 8 and 9 THC products currently on store shelves.
Please join us for an expert panel who will discuss redevelopment of so-called brownfields. The CLE will address: what are brownfields; the benefits of and challenges to brownfield redevelopment; brownfield grants and other development assistance; and the roles of a good brownfield development team, including attorneys. We will learn about MPCA’s role, including community outreach. Finally, we will highlight the developer’s perspective.
Many corporations maintain foundations for charitable giving and ask their corporate counsel to serve as officers, directors, or advisors. Many more corporate counsel serve on nonprofit boards as a community service. In both situations, colleagues may expect the attorneys in their midst to be nonprofit corporate governance experts.
Joshua Hillger will explain the ins and outs of “claims” in an estate administration. This CLE will help you gain a clearer understanding of how to advise a Personal Representative who is dealing with a claim against an estate, and learn about some options for the situations when the estate doesn’t have enough money to pay a claim or you believe the PR needs to challenge a claim in an estate. So, stop spinning your wheels and find a solution for those challenging administrations!
Supported Decision Making is a newer concept for some. This session will explore it as a model for building upon a person’s abilities, support teams, and available community and residential service systems to address vulnerabilities as an alternative to guardianship and as an option to explore in terminating guardianships. Minnesota’s Guardianship statute was recently modified to address the reality that a guardianship may be an overly restrictive tool with sometimes surprising harms.
What the new legislation means for public employers, what policies may need updating, and what workplace scenarios you should be ready to tackle.
Join us for an overview of Historic and Current Rural Road cases of interest for practitioners.
This CLE will explore government entities’ legal obligations under the Americans with Disabilities Act and Minnesota Human Rights Act when faced with requests to allow emotional support and service animals in a variety of contexts. The speakers will discuss what constitutes a service animal or emotional support animal and will provide guidance about how government entities should respond to requests for reasonable accommodations to allow public access for persons with disabilities.