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  • Asset Buyer Held Liable for Seller’s Overtime Obligations

    05/31/2013 / Christopher J. Harristhal & Susan E. Tegt

    The Seventh Circuit Court of Appeals recently held, in Teed v. Thomas & Betts Power Solutions, LLC, that a purchaser of the assets of a business subject to claims by employees under the Fair Labor Standards Act (“FLSA”) was subject to successor liability for those claims, even though the purchaser expressly disclaimed liability for the claims under the terms of the asset sale. 711 F. 3d 763 (7th Cir. 2013). The Teed decision is important to business owners who are considering an asset sale or purchase because any transfer of FLSA liability, like other potential labor relations and employment liabilities arising under federal law, is likely to have a significant impact on the successor’s assets. Teed advises purchasers to conduct an audit of potential and existing employee claims against the seller and to adjust asset purchase offers accordingly.

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  • New Minnesota Law: Employers Cannot Ask About Prior Convictions on Application

    05/31/2013 / John A. Kvinge

    Starting January 1, 2014, most employers will be prohibited from requiring applicants to disclose their criminal history on an initial employment application. This so-called “ban the box” legislation has applied to public employers in Minnesota since 2009, and was recently expanded to private employers by legislation signed by Governor Dayton on May 15, 2013.

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  • Supreme Court Denies Review on the Scope of the “Continuing Violation” Doctrine in Racial Bias Cases

    04/30/2013 / Andrew D. Moran

    On April 1, 2013, the United States Supreme Court declined to resolve a purported circuit split on the applicability of the “continuing violation” doctrine to allegations of systemic violations of Title VII of the 1964 Civil Rights Act. In denying the petition filed by several Asian American police officers employed by the Port Authority of New York and New Jersey, the Court left intact a Second Circuit Court of Appeals ruling that “failure-to-promote” claims for discrete acts occurring outside of the limitations period were time barred and could not be saved by the continuing violation doctrine.

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  • Changes to Form I-9: Employers Required to Switch to New Version before May 7, 2013

    03/27/2013 / John A. Kvinge

    On March 8, 2013, The United States Citizenship and Immigration Services released a new version of Form I-9, which employers must use to verify identity and employment eligibility for all new employees. All employers must begin using the new version of Form I-9 no later than May 7, 2013. 

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  • Update on the Family and Medical Leave Act

    03/08/2013 / Andrew D. Moran

    In February of 2013, the Department of Labor (DOL) issued updated Family and Medical Leave Act (FMLA) regulations and forms. The FMLA and its regulations were amended in January of 2009, and many employers updated their policies and forms at that time. In October of 2009, the FMLA was amended once again, but updated regulations and forms were not issued until last month. The new regulations took effect on March 8, 2013, and are summarized in this article.

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  • 20-Year Delay in Asserting Claim for Correction of Inventorship Does Not Result in Laches

    02/28/2013 / John A. Kvinge

    A Federal Circuit case in the last few months addressed the question of whether the six-year period for the presumption of laches begins running prior to the issuance date of the patent, if the unnamed inventor should have known prior to issuance that he or she was not named as an inventor in the patent application. The case, Hor v. Chu, Case No. 2011-1540, involved a patent for high-temperature superconducting materials.

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  • Already, LLC v. Nike, Inc.: Supreme Court Gives Shoe Trademark Lawsuit the Boot

    02/28/2013 / John A. Kvinge

    The Supreme Court case, Already, LLC v. Nike, Inc., questioned whether a plaintiff can eliminate a defendant’s standing to challenge the validity of a trademark by giving the defendant a permanent covenant not to sue – essentially eliminating the chance that the defendant could ever be harmed by the existence of a trademark.

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  • Minnesota Court of Appeals Decides Wrongful Death Statute of Limitations and Federal Preemption Issues In Medical Device Product Defect Case

    02/28/2013 / Melissa L. Hagstrum

    Product manufacturers and plaintiffs’ attorneys watched closely as the Minnesota Court of Appeals issued its decision in the medical device product defect case Lamere vs. St. Jude Medical, Inc. (A12-0609) on February 19, 2013. 

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  • Franchisor Handbook: When franchisees struggle, fast action may ward off the worst

    02/01/2013 / Charles S. Modell

    All businesses have their challenges, and franchisees are no exception. Unfortunately, franchisors often do not recognize a franchisee has a problem until the royalty check is late.  

    While it is the franchisee’s responsibility to operate its business, if you are a franchisor and want to avoid long-term problems with franchised units, you should make it known to franchisees that you are there to help them, and they should call you at the first sign of a significant downturn or operating issue.  

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  • Coyle Featured in BATC Magazine as 'Our Guy At The Capitol'

    01/20/2013 / Peter J. Coyle

    Peter Coyle was featured in the January 2013 edition of Builders' Digest: The Magazine for BATC Members published by the Builders Association of the Twin Cities. The article discussed Peter's long-standing relationship representing BATC at the capitol and three successful issues Peter helped resolve for BATC involving variance issues, attorney fees and park fees.

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  • Former Faculty Member Seeks New Trial in Political Discrimination Suit

    12/28/2012 / Andrew D. Moran

    A closely-watched discrimination suit in Iowa may have ended in a mistrial, but may lead to an expansion of employer liability based on political viewpoint discrimination. Teresa Wagner, a University of Iowa faculty member, sued Carolyn Jones, the former dean of the University of Iowa College of Law. Wagner’s lawsuit, filed in 2009, alleged that she was the victim of political discrimination and was denied equal protection under the law when the university denied her a full-time teaching position because of her conservative political views and her work with certain conservative groups that oppose same sex marriage rights and abortion

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  • Minnesota Court of Appeals allows uncollectible damages award to be reallocated to severally liable co-defendants

    12/28/2012 / Melissa L. Hagstrum

    The Minnesota Court of Appeals’ decision in O’Brien v. Dombeck, Case No. A12-0984, published December 3, 2012, marks the first time in the nearly ten years since the Minnesota legislature modified Minnesota’s joint and several liability statute that Minnesota courts have spoken on the ambiguous relationship between the statute’s joint and several liability requirements and the provision allowing reallocation of uncollectible amounts. Under this decision, uncollectible amounts may be reallocated to other parties without regard to whether they are jointly liable.

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  • United States Supreme Court Hears Arguments on Definition of Supervisor

    11/29/2012 / John A. Kvinge

    On November 26, 2012, the United States Supreme Court heard arguments related to the definition of a “supervisor” under Title VII. Under Title VII, an employer can be found liable for a hostile work environment caused by severe or pervasive harassment in the workplace based on race. If the harassment was inflicted by co-workers, the plaintiff must show that the employer was negligent in discovering or remedying the harassment. However, employers are strictly liable for harassment perpetrated by supervisors. The question in many cases, then, is whether an alleged harasser is a supervisor, or merely a co-worker.

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  • Compliance Best Practices with Foreign Corrupt Practices Act

    11/25/2012 / Sawan S. Patel

    On November 14, 2012, the U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) issued joint guidance on the Foreign Corrupt Practices Act (“FCPA”). In general, the FCPA prohibits offering to pay, paying, promising to pay, or authorizing the payment of money or anything of value to a foreign official in order to influence any act or decision of the foreign official in his or her official capacity or to secure any other improper advantage in order to obtain or retain business. This article summarizes the "FCPA: A Resource Guide to the U.S. Foreign Corrupt Practices Act" that includes the new recommendations on effective compliance programs that businesses should adopt to detect and prevent FCPA violations. 

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  • Read and Recycle: New FTC Regulations on Environmental Marketing Claims

    10/09/2012 / Sawan Patel

    On October 1, 2012, the Federal Trade Commission (“FTC”) issued its “Guides for the Use of Environmental Marketing Claims,” (“Guide”) which directs advertisers and marketers on the proper use of “green” or environmental claims in the sale or promotion of their products, services, or brand. Marketers need to be aware of these new guidelines before they make green or environmental claims (such as “100% RECYCLABLE MATERIAL,” “GREEN,” or “ECO-FRIENDLY”).

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  • Minimum Compensation an Update on County of Dakota V. Cameron, IV

    10/02/2012 / Timothy A. Rye

    In 2006 the Minnesota Legislature adopted a law intended to provide for just compensation to a property owner who is forced to relocate because of a public project. Our first glimpse of judicial interpretation of minimum compensation arrived on March 26, 2012, from the Minnesota Court of Appeals in County of Dakota v. Cameron IV,A11-1273 (Minn. App. March 26, 2012).

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  • You Want my Facebook Password?!?! Recent Legislative Trends in Social Networking Privacy and the Workplace

    09/26/2012 / Susan E. Tegt

    Since the advent of social media, employers have used social media as a tool for vetting job applicants by reviewing applicants’ and employees’ public internet profiles and postings on websites such as Facebook, MySpace, and Twitter. When this information is publicly available, an employer’s review of social media sites entirely legal, so long as the employment decision is not made on a discriminatory basis. Earlier this year, however, the Associated Press identified an increasing trend where employers are not just reviewing publicly accessible social media profiles, but also asking applicants to disclose their usernames and passwords for social media websites that are restricted to the public or otherwise designated as “private.” 

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  • Van Cleve Discusses Lawsuit Regarding a Rochester Shopping Development


    Gary Van Cleve was quoted in a article discussing a case between Franklin and Bonnie Kottschade and MnDot. Van Cleve is representing the Kottschades' who have been in legal battles with MnDot since 2003. Currently, the Kottschades' are seeking the right to install a driveway in front of the northwest Rochester shopping development.

    Read the full article, Developer Says Loss of Driveway Stalled Rochester Shopping Center, on the website.

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  • Minnesota Court of Appeals Rejects Private Right of Action for Termination in Retaliation for Applying for Unemployment Benefits

    07/31/2012 / John A. Kvinge

    In a case decided July 9, 2012, the Minnesota Court of Appeals held that the Minnesota Unemployment Insurance Law does not create a private right of action for retaliatory discharge.

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  • Are You Letting Your Trade Secrets Walk Out the Door Each Night?

    07/18/2012 / John A. Kvinge

    At least 46 states have enacted some version of the Uniform Trade Secrets Act, which provides protection for information that “derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.” The Uniform Trade Secrets Act allows the owner of a trade secret to bring a lawsuit for misappropriation against someone who uses a trade secret obtained through improper means.

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Showing Results 181 - 200 of 612