Articles

Atticus Doesn’t Live Here Anymore

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MIKE MOSEDALE

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Sep 03, 2019

Rural Minnesota lawyers are facing a succession crisis. Can anything be done?

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Features

Not Enough Work (and 7 other myths about rural law practice)

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Bruce Cameron

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Sep 03, 2019

While small town business people may not be Wall Street dealmakers, the average farmer runs a $1 million-plus enterprise. What follows are a few more common misconceptions about the rural bar that should be put to rest.

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Features

Access to Justice Made Easy (Well, Easier)

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Bridget Gernander

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Aug 02, 2019

The newly revamped LawHelpMN can’t singlehandedly solve the justice gap—but it gives Minnesota lawyers a great way to refer people they couldn’t otherwise assist to the legal help they need.

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Features

End Times, Legal Citations Edition

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Adam T. Johnson

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Aug 02, 2019

And what is this plague? It is the “cleaned up” parenthetical—a contemporary invention ex diabolus, an agent of confusion, a damned quixotic catastrophe noxiously heaped upon the American bar by the phantom exigencies claimed by Generation Infinite Scroll—to put all of it very, very mildly.

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Features

Navigating the Benefits, Risks, and Limitations of Entity Depositions

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Tom Tinkham and Ben D. Kappelman

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Aug 02, 2019

Your opponent in this suit is a corporation. You don’t know the names of some of the corporate employees who may have the important facts and you can’t tell who made the critical decisions. Do you waste your limited number of depositions and your time by noticing depositions of all the likely corporate employees?

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Features

MSBA President 2019-20 – Tom Nelson: A Life of Service

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By Amy Lindgren

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Jul 01, 2019

Tom Nelson, a partner at Stinson, LLP (née Leonard, Street and Deinard) and the incoming President of the Minnesota State Bar Association, isn’t shy about telling his age. He just doesn’t think it’s particularly relevant to his life choices.

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Lawyer, Redeemed: Proving moral change in reinstatement and bar admission cases

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WILLIAM J. WERNZ

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Jul 01, 2019

Stock fraud, welfare fraud, civil fraud, theft by swindle, perjury, armed robbery, and a decade or so of dishonest activities—these were the impediments to bar admission or reinstatement that clients have faced in my many years of representing them.

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The Case for Mandatory Legal Malpractice Insurance

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SETH LEVENTHAL

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Jul 01, 2019

Why don’t we require Minnesota lawyers to carry malpractice insurance? Minnesota, along with many states, does not require that its lawyers carry malpractice insurance; Minnesota just requires the lawyers to disclose whether they carry insurance or whether they are “going bare”—that is, practicing law with no professional liability insurance.

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U.S. Supreme Court Protects Trademark Licensees

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George H. Singer and Aaron E. Brown

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Jul 01, 2019

What is the consequence when a bankrupt exercises its statutory right to reject a contract in bankruptcy? This precise question has divided the courts since 1985, when the 4th Circuit held, in Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., that a patent license agreement could be rejected by the debtor in bankruptcy...

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2019 Legislative Session Recap

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Bryan Lake

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Jul 01, 2019

The 2019 legislative session featured power shifts, conflict, and rival parties compromising to cut a deal. Numerous MSBA proposals were in play at the Capitol this year, and several passed despite the difficult operating environment.

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More Than a Rule of Thumb: Your smartphone and the 5th Amendment

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ADAM T. JOHNSON

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May 28, 2019

According to the Pew Research Center, 77 percent of Americans own a smartphone. These devices employ encryption technology when not in use, and require a user’s passcode or other biometric feature to unlock them. Encryption, though a blessing for domestic harmony, poses significant barriers to law enforcement investigations.

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Features

Lessor Beware

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Bryan Huntington

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May 28, 2019

Courts are increasingly willing to hold commercial landlords liable for their tenants’ trademark infringement. Recent federal court decisions reflect a trend in favor of expanded liability for commercial landlords premised upon the unlawful conduct of their tenants. The theory of liability applied against landlords, known as “contributory” liability, derives from the federal trademark laws, 15 U.S.C. §1051, et seq. (the Lanham Act).

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Features

Don’t Be The Next Lunds & Byerlys: Lessons learned from the Lunds shareholder litigation

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Janel Dressen

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May 28, 2019

On March 27, 2019, the Minnesota Supreme Court denied review in the Lunds litigation that spanned more than four years and resulted in the largest reported fair value buyout award to a minority shareholder in Minnesota under Minn. Stat. §302A.751 (Section 751). The history leading to the litigation, the litigation itself, and the courts’ decisions in the case offer many important lessons for all private company business owners, business lawyers, and business litigators.

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Features

The Guns Aren’t Illegal. But Sometimes the Owners Are.

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Aaron Edward Brown

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May 28, 2019

Understanding Minnesota's private-transfer exception suggests the best path to reducing gun violence. Last October, Kanye West was asked during a meeting with President Trump and former NFL legend Jim Brown how to fix the gun violence problem in Chicago. Kanye responded by saying, “The problem is illegal guns. Illegal guns is the problem, not legal guns. We have the right to bear arms.”

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Features

9 Ways to Fail as an Entrepreneur And how to counsel clients to avoid them

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Inti Martínez-Alemán

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Apr 03, 2019

Conventional wisdom says that 80 percent of businesses fail within two years. The Small Business Administration (SBA) disagrees. According to SBA statistics, from 2005 to 2017 nearly 80 percent of new establishments survived one year. “About half of all establishments survive five years or longer…. About one-third of establishments survive 10 years or longer.”

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Features

Minnesota Parentage Law and Assisted Reproductive Technology: It’s time to change the law

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Steven H. Snyder

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Apr 03, 2019

The first artificial insemination of a woman with donor sperm occurred in 1884, and the practice was common enough by the 20th Century that specific provisions for parentage in such cases were incorporated into the Uniform Parentage Act (UPA) of 1973, adopted in Minnesota in 1980 as the Minnesota Parentage Act (MPA).

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Features

You can’t serve two masters. Unless you’re a Realtor.

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DOUGLAS R. MILLER

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Apr 03, 2019

The Minnesota Association of Realtors is lobbying for a new law that will allow brokers to conceal their dual agency status from consumers.

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Features

A Tribal Counsel’s Guide to Corporate Compliance

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Mandi Crane

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Apr 03, 2019

In my experience as in-house legal counsel for a federally recognized Indian tribe, compliance work creates a healthy tension. That tension is not only necessary but good, because it fuels responsible innovation and fosters ethical corporate—for tribes, governmental—culture.

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Features

The ABCs of TI: Understanding tortious interference with contract

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Joseph Pull

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Apr 03, 2019

The time-honored commercial litigation claim of tortious interference with contract (TI) gives legal teeth to the intuition that if you and I have a contract, an outsider shouldn’t be allowed to profit by persuading one of us to break it. But a perusal of Minnesota case law shows that TI is a claim frequently made and infrequently won.

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Features

Lawyer well-being in Minnesota gets a boost from the Supreme Court

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Joan Bibelhausen

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Apr 03, 2019

National efforts to advance well-being in the legal profession were placed under a statewide spotlight at the Minnesota Supreme Court’s Call to Action for Lawyer Well-Being conference on February 28.

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Features

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Atticus Doesn’t Live Here Anymore (?)

MIKE MOSEDALE (?)

Sep 03, 2019

Not Enough Work (and 7 other myths about rural law practice) (?)

Bruce Cameron (?)

Sep 03, 2019

Access to Justice Made Easy (Well, Easier) (?)

Bridget Gernander (?)

Aug 02, 2019

End Times, Legal Citations Edition (?)

Adam T. Johnson (?)

Aug 02, 2019

Navigating the Benefits, Risks, and Limitations of Entity Depositions (?)

Tom Tinkham and Ben D. Kappelman (?)

Aug 02, 2019

MSBA President 2019-20 – Tom Nelson: A Life of Service (?)

By Amy Lindgren (?)

Jul 01, 2019

Lawyer, Redeemed: Proving moral change in reinstatement and bar admission cases (?)

WILLIAM J. WERNZ (?)

Jul 01, 2019

The Case for Mandatory Legal Malpractice Insurance (?)

SETH LEVENTHAL (?)

Jul 01, 2019

U.S. Supreme Court Protects Trademark Licensees (?)

George H. Singer and Aaron E. Brown (?)

Jul 01, 2019

2019 Legislative Session Recap (?)

Bryan Lake (?)

Jul 01, 2019

More Than a Rule of Thumb: Your smartphone and the 5th Amendment (?)

ADAM T. JOHNSON (?)

May 28, 2019

Lessor Beware (?)

Bryan Huntington (?)

May 28, 2019

Don’t Be The Next Lunds & Byerlys: Lessons learned from the Lunds shareholder litigation (?)

Janel Dressen (?)

May 28, 2019

The Guns Aren’t Illegal. But Sometimes the Owners Are. (?)

Aaron Edward Brown (?)

May 28, 2019

9 Ways to Fail as an Entrepreneur And how to counsel clients to avoid them (?)

Inti Martínez-Alemán (?)

Apr 03, 2019

Minnesota Parentage Law and Assisted Reproductive Technology: It’s time to change the law (?)

Steven H. Snyder (?)

Apr 03, 2019

You can’t serve two masters. Unless you’re a Realtor. (?)

DOUGLAS R. MILLER (?)

Apr 03, 2019

A Tribal Counsel’s Guide to Corporate Compliance (?)

Mandi Crane (?)

Apr 03, 2019

The ABCs of TI: Understanding tortious interference with contract (?)

Joseph Pull (?)

Apr 03, 2019

Lawyer well-being in Minnesota gets a boost from the Supreme Court (?)

Joan Bibelhausen (?)

Apr 03, 2019

Atticus Doesn’t Live Here Anymore

(?)

MIKE MOSEDALE

(?)

Not Enough Work (and 7 other myths about rural law practice)

(?)

Bruce Cameron

(?)

Access to Justice Made Easy (Well, Easier)

(?)

Bridget Gernander

(?)

End Times, Legal Citations Edition

(?)

Adam T. Johnson

(?)

Navigating the Benefits, Risks, and Limitations of Entity Depositions

(?)

Tom Tinkham and Ben D. Kappelman

(?)

MSBA President 2019-20 – Tom Nelson: A Life of Service

(?)

By Amy Lindgren

(?)

Lawyer, Redeemed: Proving moral change in reinstatement and bar admission cases

(?)

WILLIAM J. WERNZ

(?)

The Case for Mandatory Legal Malpractice Insurance

(?)

SETH LEVENTHAL

(?)

U.S. Supreme Court Protects Trademark Licensees

(?)

George H. Singer and Aaron E. Brown

(?)

2019 Legislative Session Recap

(?)

Bryan Lake

(?)

More Than a Rule of Thumb: Your smartphone and the 5th Amendment

(?)

ADAM T. JOHNSON

(?)

Lessor Beware

(?)

Bryan Huntington

(?)

Don’t Be The Next Lunds & Byerlys: Lessons learned from the Lunds shareholder litigation

(?)

Janel Dressen

(?)

The Guns Aren’t Illegal. But Sometimes the Owners Are.

(?)

Aaron Edward Brown

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9 Ways to Fail as an Entrepreneur And how to counsel clients to avoid them

(?)

Inti Martínez-Alemán

(?)

Minnesota Parentage Law and Assisted Reproductive Technology: It’s time to change the law

(?)

Steven H. Snyder

(?)

You can’t serve two masters. Unless you’re a Realtor.

(?)

DOUGLAS R. MILLER

(?)

A Tribal Counsel’s Guide to Corporate Compliance

(?)

Mandi Crane

(?)

The ABCs of TI: Understanding tortious interference with contract

(?)

Joseph Pull

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Lawyer well-being in Minnesota gets a boost from the Supreme Court

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Joan Bibelhausen

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