Articles

Trust us Antitrust is back: And it’s coming for Big Tech

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Dan Gustafson and Abou Amara

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Nov 01, 2023

More than a century ago, the critical industries of the day in the United States—railroads, electricity, oil, and gas—rested in the hands of a few powerful corporations.

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antitrust

Secret recordings, privacy, and the pursuit of truth

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By James Todd

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Nov 01, 2023

The question for family-law practitioners is how to advise clients when it comes to secret recordings—whether to gather them and, when presented with secret recordings, whether to use those recordings as evidence in a family court proceeding.

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Family Law

Going to Trial: Three Tips for Junior Lawyers

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Cianna Guerra Halloran

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Nov 01, 2023

This may be a rare experience overall, but as a new civil litigator I can attest that one should be prepared for the potential of a trial anyway. The problem is, how can you be prepared for trial when you are entirely new to the practice of law?

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Civil Litigation
New Lawyers

Reading the fine print: The extensive changes to Minnesota landlord-tenant law in 2023 mostly codify best practices

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By Timothy A. Baland

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Oct 01, 2023

The 2023 Minnesota legislative session saw what have been heralded as unprecedented changes to landlord-tenant law in Minnesota. Unless otherwise noted, the statutes discussed in this article become effective on January 1, 2024. For the most part, the changes reflect best practices for landlords—things that landlords already are or should be doing.

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Landlord-Tenant Law

The lawyer as private investigator: Parsing new ABA Model Rule 1.16(a)—Inquiring Into and Assessing Representations

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William J. Wernz

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Oct 01, 2023

In August 2023, the ABA adopted a new first sentence for Rule 1.16(a) of the Model Rules of Professional Conduct, requiring lawyers to “inquire into and assess the facts and circumstances of each representation [of a client] to determine whether the lawyer may accept or continue the representation.”

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Rules of Professional Conduct

The changing workplace

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Beth L. LaCanne and Shannon E. Eckman

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Oct 01, 2023

The 2023 Minnesota legislative session was a pivotal one for laws impacting Minnesota’s workplaces. In particular, the session saw a wave of laws affecting employees’ rights and well-being.

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Employment and Labor Law

Construction law: updated indemnification and wage theft rule

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Jevon Bindman, Anna Barton, and Carly Johnson

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Oct 01, 2023

The 2023 legislative session spelled many changes for the construction industry, from deeming indemnification agreements in connection with public improvements unenforceable to creating upstream liability for contractors and potentially owners when subcontractors engage in wage theft.

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Construction Law

Hail the departing chief: Gildea’s legacy includes 13 cases for 13 years

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Cathy E. Gorlin and Marshall H. Tanick

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Oct 01, 2023

There will be a new look at the Minnesota Supreme Court this fall due to the October retirement of Chief Justice Lorie Gildea after 13-plus years at the helm.

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Judges
Courts

From 0 to HF100: Legal cannabis comes to Minnesota

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Jared M. Reams & Rachel S. Kurth

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Sep 01, 2023

Gov. Tim Walz signed HF100 on May 30, 2023, after a nearly six-month journey through numerous committees and revised engrossments in the Minnesota House and Senate, making Minnesota the 23rd state to legalize recreational-use cannabis.

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Legislation
Cannabis

Understanding expungement under the new cannabis law

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Dea Cortney & Samuel Edmunds

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Sep 01, 2023

Some, but not all, expungements will occur automatically.

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Criminal Law
Cannabis

In the weeds: Firearm ownership, cannabis, and the hemp exception

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AARON EDWARD BROWN

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Sep 01, 2023

There’s a cannabis-related absurdity in federal firearms law.

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Legislation
Cannabis

Why are we using race and gender tables to set tort damages in 2023?

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Sep 01, 2023

The Legislature is the likeliest source of change.

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Tort Law

Public access, private lives

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Michael P. Boulette, Seungwon R. Chung, and Abby N. Sunberg

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Aug 02, 2023

In Minnesota most divorce records are public documents, accessible to anyone with an internet connection. That’s a problem.

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Divorce
Courts

Minnesota reforms law to ban (almost) all noncompete agreements

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George H. Singer

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Aug 02, 2023

This year Minnesota became the first state in 100 years to ban the widely used but controversial agreements.

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Employment Law

Minnesota endorses nonsolicitation agreements

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V. John Ella

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Aug 02, 2023

With noncompetes a thing of the past, time to get familiar with nonsolicitation agreements.

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Employment Law

MEPA at 50

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MICHAEL DAMASCO

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Aug 02, 2023

Refocusing the Minnesota Environmental Policy Act through an environmental justice lens

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Environment and Natural Resources Law

Prosecuting War Crimes in Ukraine

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ELLEN J. KENNEDY

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Aug 02, 2023

The worst crimes in the world are known as the four core international crimes: genocide, war crimes, crimes against humanity, and aggression. Although these terms are used widely in the news, especially in reference to crimes occurring in today’s war in Ukraine, distinctions between them are not widely known.

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Online Only

Paul Floyd: The artful lawyer

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Jul 05, 2023

As a rule, clients want their attorneys to be competent, learned, persistent—but artistic? For Paul Floyd, practicing art as a discipline has been a part of his life since around 2009, or about a third of the time he’s been a practicing lawyer.

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Art
Profiles
President

MSBA President 2023-24: Paul Floyd, bridge builder

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Amy Lindgren

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Jul 05, 2023

If you ask Paul Floyd how he sees himself, the response won’t be glib or simple.

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Profiles
President

Federal courts open the gates to Minnesota punitive-damages claims

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Nick Bullard and Luke Wetterstrom

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Jul 05, 2023

The threat of punitive damages is a game-changer in civil litigation. It ratchets up the financial stakes and imperils the defendant’s reputation—often creating intense pressure to settle. Get ready for more of this game-changer in federal court, thanks to a recent shift in case law.

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Civil Litigation

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Trust us Antitrust is back: And it’s coming for Big Tech (?)

Dan Gustafson and Abou Amara (?)

Nov 01, 2023

Secret recordings, privacy, and the pursuit of truth (?)

By James Todd (?)

Nov 01, 2023

Going to Trial: Three Tips for Junior Lawyers (?)

Cianna Guerra Halloran (?)

Nov 01, 2023

Reading the fine print: The extensive changes to Minnesota landlord-tenant law in 2023 mostly codify best practices (?)

By Timothy A. Baland (?)

Oct 01, 2023

The lawyer as private investigator: Parsing new ABA Model Rule 1.16(a)—Inquiring Into and Assessing Representations (?)

William J. Wernz (?)

Oct 01, 2023

The changing workplace (?)

Beth L. LaCanne and Shannon E. Eckman (?)

Oct 01, 2023

Construction law: updated indemnification and wage theft rule (?)

Jevon Bindman, Anna Barton, and Carly Johnson (?)

Oct 01, 2023

Hail the departing chief: Gildea’s legacy includes 13 cases for 13 years (?)

Cathy E. Gorlin and Marshall H. Tanick (?)

Oct 01, 2023

From 0 to HF100: Legal cannabis comes to Minnesota (?)

Jared M. Reams & Rachel S. Kurth (?)

Sep 01, 2023

Understanding expungement under the new cannabis law (?)

Dea Cortney & Samuel Edmunds (?)

Sep 01, 2023

In the weeds: Firearm ownership, cannabis, and the hemp exception (?)

AARON EDWARD BROWN (?)

Sep 01, 2023

Why are we using race and gender tables to set tort damages in 2023? (?)

(?)

Sep 01, 2023

Public access, private lives (?)

Michael P. Boulette, Seungwon R. Chung, and Abby N. Sunberg (?)

Aug 02, 2023

Minnesota reforms law to ban (almost) all noncompete agreements (?)

George H. Singer (?)

Aug 02, 2023

Minnesota endorses nonsolicitation agreements (?)

V. John Ella (?)

Aug 02, 2023

MEPA at 50 (?)

MICHAEL DAMASCO (?)

Aug 02, 2023

Prosecuting War Crimes in Ukraine (?)

ELLEN J. KENNEDY (?)

Aug 02, 2023

Paul Floyd: The artful lawyer (?)

(?)

Jul 05, 2023

MSBA President 2023-24: Paul Floyd, bridge builder (?)

Amy Lindgren (?)

Jul 05, 2023

Federal courts open the gates to Minnesota punitive-damages claims (?)

Nick Bullard and Luke Wetterstrom (?)

Jul 05, 2023

Trust us Antitrust is back: And it’s coming for Big Tech

(?)

Dan Gustafson and Abou Amara

(?)

Secret recordings, privacy, and the pursuit of truth

(?)

By James Todd

(?)

Going to Trial: Three Tips for Junior Lawyers

(?)

Cianna Guerra Halloran

(?)

Reading the fine print: The extensive changes to Minnesota landlord-tenant law in 2023 mostly codify best practices

(?)

By Timothy A. Baland

(?)

The lawyer as private investigator: Parsing new ABA Model Rule 1.16(a)—Inquiring Into and Assessing Representations

(?)

William J. Wernz

(?)

The changing workplace

(?)

Beth L. LaCanne and Shannon E. Eckman

(?)

Construction law: updated indemnification and wage theft rule

(?)

Jevon Bindman, Anna Barton, and Carly Johnson

(?)

Hail the departing chief: Gildea’s legacy includes 13 cases for 13 years

(?)

Cathy E. Gorlin and Marshall H. Tanick

(?)

From 0 to HF100: Legal cannabis comes to Minnesota

(?)

Jared M. Reams & Rachel S. Kurth

(?)

Understanding expungement under the new cannabis law

(?)

Dea Cortney & Samuel Edmunds

(?)

In the weeds: Firearm ownership, cannabis, and the hemp exception

(?)

AARON EDWARD BROWN

(?)

Why are we using race and gender tables to set tort damages in 2023?

(?)

Public access, private lives

(?)

Michael P. Boulette, Seungwon R. Chung, and Abby N. Sunberg

(?)

Minnesota reforms law to ban (almost) all noncompete agreements

(?)

George H. Singer

(?)

Minnesota endorses nonsolicitation agreements

(?)

V. John Ella

(?)

MEPA at 50

(?)

MICHAEL DAMASCO

(?)

Prosecuting War Crimes in Ukraine

(?)

ELLEN J. KENNEDY

(?)

Paul Floyd: The artful lawyer

(?)

MSBA President 2023-24: Paul Floyd, bridge builder

(?)

Amy Lindgren

(?)

Federal courts open the gates to Minnesota punitive-damages claims

(?)

Nick Bullard and Luke Wetterstrom

(?)