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The official publication of the Minnesota State Bar Association



Feature Articles


Understanding Minnesota's Big Law M&A wave
Brett Larson, Theresa Bea, & Dillon White
May 20, 2024
The data gathered in the five years since the Big Law wave has afforded us a glimpse into the realities of the Minnesota legal market as a whole, and the lessons learned from its analysis can chart a course forward for firms of all sizes, but especially for midsized to large firms that may be operating too similarly to their Big Law counterparts.
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  • CATEGORY
  • Business Law
What you need to know about the FTC rule banning employee noncompetes
George H. Singer
May 20, 2024
The FTC announced that the new rule will provide millions of American workers with more freedom to pursue other job opportunities, seek higher pay, and increase entrepreneurship in the United States
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  • CATEGORY
  • Employment and Labor Law
Minnesota’s #MeToo tax is finally gone
Abou B. Amara, Jr. and Karla M. Gluek
May 20, 2024
Imagine being sexually harassed at work, standing up for yourself and reaching a financial settlement with your employer—and then the government steps in and taxes you on that settlement. Seems unfair, right? Well, for decades, this was the reality for countless sexual harassment victims. Under Minnesota state law, at least, that is no longer the case.
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  • CATEGORY
  • Litigation
  • Tax Law
The art of the answer: How to respond effectively to questions at oral argument
Steven E. Vogel and Kyle R. Kroll
May 20, 2024
When The Killers wrote the lyrics to “Are We Human, or Are We Dancer?” they sought to describe the internal dilemma of every oral advocate—balancing imperfect, impromptu responses with the effortless grace required of a professional dancer.
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  • CATEGORY
  • Appellate Practice
Exploring the NA life: A journal of drinking and not drinking
CARRIE OSOWSKI
May 20, 2024
When I drink these days, I drink to enjoy the taste of my chosen beverage, not because I want to numb myself to the stress of my job. And when I don’t want to drink alcohol, I don’t hesitate to order a nonalcoholic beverage.
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  • CATEGORY
  • Well-Being
So you want to be an appellate attorney?
Jeffrey Wald
May 20, 2024
Sure, you could clerk for a United States Supreme Court justice, or get a job at the Solicitor General’s Office, but follow me for a moment, if you will, and I’ll share with you three unconventional, but foolproof, tips on how to become a knockdown appellate advocate.
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  • CATEGORY
  • Appellate Practice
AI, UPL, and the justice gap
DAMIEN RIEHL
Apr 01, 2024
The legal profession stands at a crossroads. Embracing generative AI tools such as LLMs can significantly improve legal practice and access to justice. If we’re able to assess potential concerns about free speech and guild protectionism, we might move forward with using tools to benefit the public.
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  • CATEGORY
  • AI
  • Access to Justice
The Eighth Circuit needs more women on the bench: An advocate’s experience
Stephanie Angolkar
Apr 01, 2024
One October morning in 2021, I prepared to return to in-person oral arguments before the Eighth Circuit in St. Paul, Minnesota. After checking in for my argument, I entered the courtroom and quickly saw that I was the only woman in the room.
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  • CATEGORY
  • Gender
  • Courts
Common but not forgotten
IAN LEWENSTEIN
Apr 01, 2024
When it comes to basic comma mistakes, two are predominantly recurring: (1) missing commas between independent clauses and (2) commas used unnecessarily in compound predicates.
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  • CATEGORY
  • Legal Writing
In the Matter of Equity v. Finality
m boulette, Seungwon Chung, and Abby Sunberg
Feb 29, 2024
Two recent Supreme Court cases shift the emphasis in Minnesota divorce law. As divorce lawyers, we can’t make many promises. Family court outcomes are notoriously uncertain and the classic lawyerly “it depends” is often the only answer. But there was at least one promise we could always make: By the time this is over, you’ll be divorced. Once and for all. But after recent cases from the Minnesota Supreme Court, even that answer may now depend.
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  • CATEGORY
  • Divorce
  • Family Law
Retaining and using expert witnesses: A short primer
R. Don Keysser
Feb 29, 2024
Your experts should be an integral part of your legal team, capable of adding considerable value to the ultimate resolution of your client’s case, if you manage them well.
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  • CATEGORY
  • Civil Litigation
10 tips for working effectively with your in-house counterparts
MIKE MATHER
Feb 29, 2024
Despite the importance of this relationship, little time is spent identifying exactly how outside counsel can maximize their value to their in-house counterparts and the client they jointly represent. To address this gap, here are ten tips on how firms can more effectively partner with their in-house colleagues.
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  • CATEGORY
  • Litigation
  • Business Law
The cannabis-custody conundrum
Christopher Vatsaas and Melanie Nelson
Feb 29, 2024
Marijuana use is not a foreign issue to family courts. In Minnesota, however, the legalization of recreational marijuana in 2023 added a new layer to this legal onion. As of August 1, 2023, adults in Minnesota over the age of 21 can possess, use, and grow restricted amounts of marijuana
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  • CATEGORY
  • Family Law
  • Cannabis
How judges read statutes: And how to write them so they won’t be misinterpreted
Justice Paul Thissen
Jan 26, 2024
In this article, I hope to provide practical tips for people involved in the process of drafting statutes so they can maximize the odds that judges will interpret and apply statutes as their drafters intended.
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  • CATEGORY
  • Judges
  • Legislation
What happens when AI finally does learn to write legal briefs? A future imagined.
VADIM TRIFEL
Jan 26, 2024
A few weeks ago, I received an email about a job offer. It was an invitation to train a legal AI. The email did not go into detail. I assumed I would be involved in some type of machine learning. I would sit behind a computer and correct the program’s mistakes, give it a human touch. And perhaps, unwittingly, I would teach it enough of what I have spent over a decade learning for it to take over my job one day in the not-too-distant future.
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  • CATEGORY
  • AI
  • Technology
Crime and punishment, revised edition
Elizabeth A. Orrick
Jan 26, 2024
The 2023 legislative session was busy, with a record-breaking number of bills. In the end, 75 new chapters of law were adopted. In the criminal sector, numerous laws were added, existing laws modified, and some laws repealed.
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  • CATEGORY
  • Criminal Law
Brace yourself. Here are seven legal tech trends that are transforming the practice of law.
Todd C. Scott
Nov 30, 2023
So where might we be going from here? And what does 2024 have in store for attorneys trying to stay windward of the tidal change happening with law office workflows? Humbly, we have identified seven legal tech trends that will bring transformational change to lawyers and law firm processes everywhere.
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  • CATEGORY
  • Technology
Put plain language in Minnesota’s court rules
Ian Lewenstein
Nov 30, 2023
Even the sclerotic federal government has slowly shuffled ahead of Minnesota in its dedication to washing court rules of legalese. I think that it’s time for Minnesota to follow suit.
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  • CATEGORY
  • Courts
  • Legal Writing
Deuce-Ace's Law Dictionary
The Rev. Dr. Felix Rabbits Van Deuce-Ace, Esq., L.L.M., M.A., M.B.A., M.D., Ph.D.
Nov 30, 2023
Scholarly square-toes will find much objectionable about the dictionary, as will the somber office drudge. This because the bloody thing wasn’t written for the serious, but for your average mouth-breather.
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  • CATEGORY
  • Legal Research and Writing
Better together: Toward a mutual-care approach to practicing law
Natalie Netzel
Nov 01, 2023
Natalie Netzel explores how mental health issues are exacerbated, even created, by the norms of our profession starting in law school, and then explores how individual lawyers can work together to promote mutual care as a new norm to counteract our damaging status quo.
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  • CATEGORY
  • Wellbeing
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