Jay Reding is an associate in the Business Litigation practice group. Jay practices in the areas of bankruptcy and general civil litigation. Jay joined Larkin Hoffman as a clerk in 2008 and as an associate in 2010. Prior to joining Larkin Hoffman, Jay served as a law clerk to the Honorable Louise Dovre Bjorkman on the Minnesota Court of Appeals from 2009-2010.
U.S. District Court, District of Minnesota, 2010
Professional Associations & Memberships
Minnesota State Bar Association
Bankruptcy Law Session
New Lawyers Section
Federal Bar Association
University of St. Thomas School of Law, Minneapolis, MN, 2009 J.D., magna cum laude
Senior Editor, University of St. Thomas Law Journal, 2008–2009
Honors: Best Oralist, 2009 Evans Constitutional Law
Moot Court Competition
Gustavus Adolphus College, St. Peter, MN, 2003 B.A., cum laude
A Game of Drones: Minnesota House Prepares Anti-“Drone” Legislation
The Minnesota House of Representatives is joining over 20 other states in attempting to ban the use of “drones,” an informal term referring to a wide variety of remotely-operated aerial vehicles. House File 1620 was proposed by Rep. Phyllis Kahn (DFL-60B) and is co-sponsored by several other legislators from both parties. The bill would ban not only law enforcement use of drones, but also private individuals from using remotely-controlled aircraft to take photographs or video of any persons or private property without permission. Violation of the proposed law would be a felony. The bill is currently pending in committee.
Minnesota House Considering Bill to End Non-Competition Clauses in Minnesota
A bill has been introduced in the Minnesota House of Representatives that would create an outright ban on the use of non-competition agreements for employers and business owners, subject to only a narrow range of defenses. This bill, if passed, would have major repercussions for Minnesota businesses and those businesses that have employees or contractors in Minnesota.
New Fair Credit Reporting Act Forms Now Required For Employers Doing Credit Checks on Job Applicants
Employers who do credit checks on job applicants should be aware of new forms published by the Consumer Financial Protection Board (CFPB) that must be used prior to pulling a credit report on an applicant. As part of the Dodd–Frank Wall Street Reform and Consumer Protection Act of 2011, the CFPB is now the agency that enforces the terms of the Fair Credit Reporting Act (FCRA). Prior to Dodd-Frank, the Federal Trade Commission was responsible for FCRA compliance. As of January 1, 2013, employers are being required to use the updated FCRA forms.
The New Framework for Receiverships in Minnesota
As of August 1st, the legal landscape for receiverships in the State of Minnesota will change dramatically. Receiverships have long been used a remedy for mortgage lenders to preserve commercial property in foreclosure, but a lack of clear guidance under Minnesota law has been problematic for all parties. The Minnesota State Bar Association convened a panel of experienced debtor creditor attorneys to create a new statutory framework, which was eventually passed by the Legislature and signed by the Governor this spring. The new receivership statute, codified under Minnesota Statutes Chapter 576, establishes a framework for receiverships under Minnesota law that is designed to help formalize what had been an often ad-hoc process
Municipal Bankruptcies May Force Municipal Bondholders to Accept Haircuts
Most people are familiar with the two most common forms of bankruptcy protection under the Bankruptcy Code – Chapter 7 liquidations and Chapter 11 reorganizations. But like individuals and companies, municipalities can also file for bankruptcy protection under Chapter 9 of the Bankruptcy Code. Now the city of Stockton, California has become the largest city to file for municipal bankruptcy protection following major municipal bankruptcy filings in Jackson County, Alabama and Harrisburg, Pennsylvania. These municipal bankruptcies remain rare, but their numbers are increasing as municipal revenues decline and obligations such as pensions increase. Not only do municipal bankruptcies give us a window into the state of the public sector, but they may impact municipal bondholders as well.
California Courts Make Crucial Data Privacy Rulings
Data privacy has become an increasingly major concern for businesses in recent years, especially retailers. Making the situation more difficult is that there is no unified law of consumer or employee privacy in the United States, putting the U.S. in a category with Turkey as the only countries without a unified privacy law. Instead, the U.S. has a patchwork of state, federal, and even local rules and regulations. It is estimated that there are at least 30 federal statutes and over 300 state statutes concerning data privacy in the United States. For a business to navigate through this thicket requires understanding the interplay between all of these statutes—a daunting task for retailers and other businesses that deal with private consumer information.
Myths and Realities of Defending Against Preference Demands
Due to the economic crisis of the past few years, many large and medium-sized businesses were forced to file for bankruptcy protection. Now, many businesses are faced with letters from bankruptcy trustees, or worse, a summons where the trustee is seeking liability for a “preference.” Faced with these demands, many businesses are failing to defend themselves, and incurring unnecessary liability. But acting quickly can help protect you and your business and settle preference claims short of expensive litigation.
Bankruptcy Code section 525 does not prohibit private employers from denying employment based on prior bankruptcy filing
Although government employers may not deny employment to an individual who has filed for bankruptcy protection, that prohibition does not apply to private employers.
What Do Bankruptcy Filings Tell Us About the Economy?
The latest numbers on bankruptcy filings in 2010 have been released, and 1.53 million Americans filed for bankruptcy protection last year, an increase of 9% over 2009’s figures.
The Supreme Court Rules That Chapter 13 Debtor Cannot Take an Ownership Deduction for a Paid-Off Car
In the first opinion authored by Justice Elena Kagan, the Supreme Court ruled that a Chapter 13 debtor may not deduct the “ownership costs” of a vehicle under the means test when he owes no further payments on the vehicle.