When to Use an S Corporation
When starting a new business, one of the first choices that must be made is which type of business entity to use. In recent years, Limited Liability Companies (LLC’s) have become increasingly popular for small businesses while the traditional corporation (known as a C corporation) continues to be the standard choice for large companies. The […]
Are English-Only Workplaces Permitted?
One of the trickier problems on the employment discrimination front is the issue of requiring employees to speak English on the job. Although there are obvious reasons for wanting to implement such a policy, employers must tread carefully in doing so as it may run afoul of the Equal Employment Opportunity Commission’s (EEOC) discrimination rules, […]
The Burden of Proof in a Civil Trial
Before bringing a civil case to court, it is important to understand what you are up against. Of course, having an understanding of the elements that must be established in each particular claim is a good start. But it is equally important to know what kind of burden you must bear, as the plaintiff, in […]
Modifying Child Custody and Parenting Time Arrangements
The aftermath of any divorce involving children will include arrangements as to how child custody and parenting time is split between the parents. As the children grow and living circumstances change, however, one or both parties may find that the custody and parenting time orders no longer fit. In those situations, Minnesota law provides an […]
Mechanic’s Liens in Minnesota
For anyone involved in commercial or residential construction, mechanic’s liens are an important concept to be aware of and understand. The Minnesota mechanic’s lien statute allows anyone who has supplied materials or performed work on a project to protect their right to get paid by putting a lien on the property. Subject to the requirements […]
What is Constructive Discharge?
When an employee is terminated or fired from their job, there are significant implications for both employer and employee beyond the severed relationship. For example, the former employee may be able to collect unemployment benefits as long as they were not fired for misconduct or some other justified cause. Terminating an employee also opens the […]
When Is an Arbitration Agreement Enforceable?
Arbitration is a form of alternative dispute resolution that is less formal and typically less costly than litigation. The arbitration process provides for the efficient resolution of conflicts before a neutral arbitrator according to standardized rules set out in either the Revised Uniform Arbitration Act (RUAA) on the state level or the Federal Arbitration Act […]
How Long Does Alimony Last in Minnesota?
Spousal support, often known as alimony, is the recurring payment by one spouse to the other after a divorce. The purpose of alimony is to help the receiving spouse maintain their standard of living. It is often ordered by the court to benefit a spouse that has given up education or professional opportunities to be […]
Professional Malpractice Insurance: Inside the Limits vs. Outside the Limits Coverage
The potential for malpractice claims is an unfortunate reality for licensed professionals in almost every field. Even the most fastidious professionals may be subject to accusations of malpractice, resulting from an inadvertent error or simply brought by a disgruntled client raising a frivolous complaint. It is no surprise, then, that many professionals choose the peace […]
Third-Party Liability Claims for Workplace Injuries
Minnesota’s workers’ compensation laws protect employees who suffer workplace injuries and occupational diseases. The system compensates workers regardless of whether the injury was the fault of the employer, employee, or a third party, as long as it was suffered on the job. Although it benefits workers by giving them an easier route to getting their […]
Is My Non-Compete Agreement Enforceable?
When starting work at a new company, an employee is often asked to sign a non-compete agreement or an employment contract containing a non-compete clause. A non-compete agreement typically prohibits the employee from working for their employer’s competitors after leaving the company for any reason. Employers often utilize non-competes to prevent employees from running off […]
What Is a Contingency Fee Agreement?
A contingency fee agreement is an arrangement between an attorney and a client in which the attorney is paid a percentage of the client’s settlement or judgment amount as their fee – rather than charging an hourly or flat rate for legal representation. Under this arrangement, the attorney does not get paid until the case […]
Adverse Possession in Minnesota
As most landowners know, possession of property in Minnesota is usually acquired through the purchase of property and the transferring of a deed. Most individuals who own their home or farm bought it from another, or inherited it from their family members and loved ones. A lesser-known means of acquiring property is through the doctrine […]
The Challenges of High Asset Divorce
When a couple acquires significant assets over the course of a marriage, or one spouse enters the marriage with significant personal wealth, this can create unique challenges during the divorce process. High asset divorces can be complicated, cumbersome, and prone to animosity and mistrust. Accounting For Divorce Assets in St. Paul The first step in […]
The Challenges of Electronic Discovery
With the rise of computers and email, litigation increasingly centers around obtaining and reviewing large quantities of electronic discovery. While a myriad of tools exist to help attorneys and clients, through this process, it can very quickly become overwhelming to those who are not familiar with how to conduct electronic discovery efficiently. Understanding the challenges […]
Understanding the EEOC Charge Process
When an employee believes that he or she has been discriminated against in the workplace, one possible avenue for relief is with the Equal Employment Opportunity Commission (“EEOC”). By filing a complaint, or a charge, with the EEOC, the employee can ask the governmental entity to investigate the claim and determine whether legal action is […]
When Should You Consider Guardianship?
As the Baby Boomer generation continues to age, more and more adult children are dealing with the difficult realization that their parents are no longer as capable and competent as they used to be. Whether facing memory issues, touched by dementia, or experiencing declining physical health, many parents need more attention and oversight as they […]
What Happens To A Biological Parent’s Rights During Adoption?
Adopting a child is a thrilling, life-changing, and overwhelming experience for many parents. In the midst of ensuring that a new child is healthy or that a child settles in well to your home, many new parents are not as concerned about the legal aspects of the adoption process. While this is understandable, any individual […]
Can My Employer Make Me Arbitrate Disputes?
In any employment relationship, disputes can arise over pay, benefits, opportunities for growth, or even issues such as harassment and discrimination. While many of these disputes can be resolved through meetings with a boss or internal human resources procedures, some may escalate to the point where a lawsuit is necessary. It is increasingly common that […]
How Do Settlement Agreements Work?
You may have heard the statistic that 95 percent of civil cases settle, never resulting in an actual trial. While the actual statistics likely vary from jurisdiction to jurisdiction, it is a reality of litigation that most litigants never get to trial. Settlements reach a middle ground that is satisfactory to both parties. Those early […]