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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

    09/11/2012

    Gary Van Cleve was quoted in a PostBulletin.com 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 PostBulletin.com 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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  • The 3 Elements to Avoid Accidental Franchise

    07/10/2012 / Franchise & Distribution Practice Group

    Chuck Modell contributed an article to the LQ Patent Newsletter titled The 3 Elements to Avoid the Accidental Franchise. Modell discusses three elements to avoid when licensing intellectual property to others.

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  • Employee Overtime for Cell Phone Use – Employers May Incur Unintended Wage Obligations

    06/29/2012 / Christopher J. Harristhal

    Employers can unwittingly accrue liability for unpaid wages including overtime as a result of employees performing work on cell phones, particularly smart phones or PDAs, after hours or even during lunch breaks. The employee who is using a smart phone to send emails to colleagues or customers is probably working under the Fair Labor Standards Act (“FLSA”), meaning that the time devoted to those tasks is compensable time, which is time for which the employer has to pay. In the event that those minutes and hours push the employee over 40 hours per week, they will also trigger overtime liability. Although not an issue with exempt, salaried personnel under the FLSA, this can be a significant risk for hourly workers.

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  • Minnesota Employers Cannot Agree To Refrain From Contesting A Claim For Unemployment Benefits

    06/29/2012 / Daniel J. Ballintine

    The law in Minnesota has long-provided that employers cannot ask employees to waive their rights to unemployment benefits and that any agreement to that effect is void. The Minnesota Legislature has amended Section 268.192 of the Minnesota Statutes that will affect how employers clarify their agreements with employees to provide that they will not contest a claim for unemployment benefits and employees corresponding responses given to DEED.

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  • Auto Insurance: Are You Covered? – Minnesota Motorcycle Insurance

    06/18/2012 / Kate Westad

    It’s that time of year again. Warm summer weather brings thousands of motorcycles onto the road ‎each year. In fact, the Minnesota Department of Safety (MDS) reports that “by the end of the ‎calendar year 2011, the number of licensed motorcycle operators and the number of registered ‎motorcycles in Minnesota had reached their highest levels in history.”‎

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  • Employee Need Not Invoke MPLA Leaves

    06/04/2012 / Dayle Nolan

    Dayle Nolan was a source for an article for the June issue of Minnesota Lawyer. The article focused on a request for leave from work under the Minnesota Parenting Leave Act and the stipulations of the act’s protections.

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  • Arrest and Conviction Records – The EEOC Rolls Out New Enforcement Guidelines

    05/30/2012 / Chris Harristhal

    On April 25, 2012, the EEOC issued a new “Enforcement Guidance” on the use of arrest and conviction records in employment decisions. Although the Enforcement Guidance largely consolidated a variety of prior EEOC analyses on the subject, it also went further and adopted an even more zealous cautionary instruction regarding the use of criminal records.

    Since the federal government has no legislation that expressly prohibits the use of criminal background information, the EEOC has taken it upon itself to discourage employers from using such information and cautioning that the use of an individual’s criminal history in making employment decisions “may, in some instances, violate the prohibition against employment discrimination under Title VII of the Civil Rights Act of 1964.”

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  • NFL Players’ Concussion Injury Litigation-Emerging Trends in Multidistrict Litigation

    05/30/2012 / Melissa L Hagstrum

    In July 2011, seventy-five former NFL players and fifty-one spouses filed a lawsuit against the NFL, NFL Properties, and Riddell and Easton-Bell related companies that design, manufacture, distribute, and sell football equipment, including helmets. This first lawsuit was filed in California state court. Over the next ten months, eighty similar lawsuits were filed across the country by other former NFL players and their spouses. To date, the lawsuits involve more than 2,200 former NFL players and many of their spouses.
    Product designers and manufacturers are watching the former NFL players’ concussion injury litigation closely for emerging trends in multidistrict litigation. Product liability litigation is one of the two most prevalent types of litigation where separate lawsuits pending in different federal district courts may be consolidated

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  • The Federal Circuit Directs the Eastern District of Texas to Reconsider Motions to Sever

    05/30/2012 / Glenna L Gilbert

    On petition for a writ of mandamus, the Federal Circuit recently directed the Eastern District of Texas to reconsider motions to sever in light of the test for joinder set forth by the Federal Circuit in In re EMC Corp., Misc. No. 100 (Fed. Cir. May 4, 2012).
     
    Petitioners in In re EMC Corp. were eight of eighteen companies named as defendants in a single complaint filed by Oasis Research LLC. Oasis asserted method claims from four patents, all of which dealt with off-site computer data storage. The defendants were all alleged to have offered services that provide online backup and storage for home or business computer users. Defendants moved to sever and transfer the claims against them, arguing that because there was no concert of action, the claims against them did not arise out of the same transaction or occurrence, as required by Rule 20 of the Fe

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  • Establishing Diversity Jurisdiction in Franchise Dispute: The Value of Injunctive Relief

    05/03/2012 / Susan E. Tegt

    Susan Tegt contributed an article to the spring newsletter of The Franchise Lawyer.

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  • Supreme Court Rejects Patent on Drug Metabolite Correlation in Mayo Collaborative Services v. Prometheus Laboratories, Inc.

    04/30/2012 / John A. Kvinge

    On March 20, 2012, the United States Supreme Court issued its ruling in Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U.S. ___ (2012). At issue were two patents covering the use of thiopurine drugs to treat autoimmune conditions such as Crohn’s disease. The Supreme Court concluded that the claims were impermissible attempts to patent a natural law, and held the patents invalid.

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  • New Generic Top-Level Domain System Expands Internet Addressing Scheme

    04/30/2012 / Molly T. Eichten

    A significant expansion of the Internet is underway. On January 12, 2012, the Internet Corporation for Names and Numbers (ICANN) began accepting applications from parties who wish to own and maintain new generic top-level domains.

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Showing Results 181 - 200 of 601