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 […]
Can You Be Held Liable For Your Own Accident?
Accidents can arise in all types of contexts. In some cases, the cause of the accident will be perfectly clear. For example, if a drunk driver crosses the middle line on a road and hits your vehicle straight on. Or where a landlord fails to fix a dangerous condition that a pedestrian cannot see. In […]
The Ins and Outs of Changing Custody Arrangements In Minnesota
If you have children, during your divorce you and your spouse likely either worked out an arrangement for custody of your children or received a court order instructing you how custody would work. You may be sharing custody in some sort of manner, or one parent may have sole custody of all children. Sometimes all […]
Murky Waters: Handling Maternity and Paternity Leave
For many employees in Minnesota, maternity and paternity leave are increasingly important benefits that employers must provide in order to be competitive in the job market. At the same time, neither federal nor state law require employers to provide paid parental leave for their employees. The lack of clear guidance can make it tricky for […]
Oops: What Happens If You Destroy Evidence?
During the course of litigation, both parties will get to request documents from the other side. These documents may include policies, memos, presentations, emails, letters, and anything else that might be relevant to the subject of the litigation. Often these kinds of documents can answer serious questions that a party might have, or prove an […]
How Can You Utilize a 1031 Exchange?
With the growth of the real estate market in recent years in Minnesota, many commercial property owners and homeowners face the possibility of significant capital gains taxes when attempting to sell their home or business. Under our current tax code, property owners must pay taxes on the increase in their property value when they sell […]
Losing out on Pay? What to Do When Your Employer Doesn’t Play Fair
One of the most common complaints among Minnesota employees is that they have not been paid the fair wages that they are entitled to from their employer. Unpaid wages does not always mean that your employer simply failed to pay you entirely – it can also take the form of unpaid hours of time, unpaid […]
Litigation Hold Letters: What Do They Require?
In the day and age of emails, text messages, and social media, litigation increasingly requires businesses to hand over voluminous amounts of communications as part of the litigation discovery process. In order to ensure that these types of documents and communications are maintained by employees before being turned over, parties frequently issue litigation hold letters […]
Dividing up a Family Business in a Divorce
Small businesses are often an unexpected casualty of divorce. While divorcing spouses may anticipate the division of common assets such as homes and bank accounts during a divorce, they less frequently consider the implications for a family owned business. While proper planning and careful financial consideration can allow a family business to survive a divorce […]