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  • Additional Avenues Beyond Litigation for Defending Against Allegations of Patent Infringement

    11/29/2016 / Todd R. Fronek

    Todd Fronek co-wrote the article "Additional Avenues Beyond Litigation for Defending Against Allegations of Patent Infringement," which appeared in DRI's IP Update.

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  • Judge Blocks New Overtime Rule

    11/23/2016 / Chris Harristhal

    On Tuesday of this week, a federal judge sitting in Texas issued a preliminary injunction blocking the Department of Labor’s (DOL) regulation, scheduled to take effect on Dec. 1, 2016, that would have doubled the minimum salary necessary for exempt status under the “white collar” exemptions to $47,476.

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  • Minneapolis City Council Passes Amendments to Sick and Safe Time Ordinance

    10/06/2016 / Phyllis Karasov and Nic Puechner

    On Sept. 23, the Minneapolis City Council unanimously voted to enact several amendments to its Sick and Safe Time Ordinance, which was originally passed on May 27. These amendments come after the city of St. Paul enacted its own Sick and Safe Time Ordinance on Sept. 7.

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  • Conditional Use Permit Denial, Later Explained, Was Timely

    10/05/2016 / Gary Van Cleve

    Minnesota’s 60-day rule, which requires that “a written request relating to zoning” must be denied within 60 days or it is automatically approved, continues to spawn court decisions explaining how it works. Among other questions addressed by the courts is what constitutes a “denial.” The 60-day rule addresses one scenario, providing that when a vote on a resolution … to approve a request fails for any reason, the failure shall constitute a denial of the request provided that those voting against the motion state on the record the reasons why they oppose the request.”

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  • Does a Comparable Sale Represent Investment Value or Market Value?

    10/05/2016 / Timothy Rye

    Twin Cities commercial real estate has been experiencing substantial investment by real estate investment trusts (REITs), insurance companies, and other national investors. There can be many reasons for this: good market fundamentals, low unemployment, high quality of life, number of bike lanes, the list goes on and on. However, many of these investors are paying near-record and record-high prices for assets in the Twin Cities.

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  • Fair Pay and Safe Workplaces Rules Take Effect Beginning Oct. 25

    10/05/2016 / John Kvinge

    Contractors who bid on federal contracts, or subcontract for businesses that do should be aware of new disclosure requirements that will be implemented this fall President Obama’s Fair Pay and Safe Workplaces executive order will significantly impact how contractors do business and bid on federal contracts.

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  • Show the Numbers to Sell More Units

    09/30/2016 / Charles Modell

    Chuck Modell's article, "Show the Numbers to Sell More Units" was published in the Sept. 2016 edition of Franchise Times.

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  • Aggressive Defense in a Franchise Dispute may Create Opportunities for Favorable Settlement for Franchisors

    09/20/2016 / James M. Susag and Bryan J. Huntington

    A common franchisee tactic in litigation with franchisors is to assert all conceivable claims under a multitude of franchise and dealership statutes, even where it is appears that the statutes have no application to the franchise relationship. Franchisees plead these “kitchen sink” claims for a number of reasons. For one thing, a franchisor presented with a complaint containing a large number of claims may feel a heightened sense of urgency to settle. Additionally, a particular state franchise statute may allow the franchisee to claim entitlement to punitive damages and/or recoupment of attorneys’ fees. Even if the franchisee’s entitlement to such special damages is infinitesimally small, the franchisee still hopes the mere threat of such recovery will increase the likelihood of a colossal settlement.

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  • Australia Extends Unfair Contract Terms Law to Small Businesses (Read Franchises)

    09/20/2016 / William G. Thornton

    On Nov 12, 2016, amendments to Australian law will take effect rendering various franchise agreement provisions void. Examples include limitations on franchisor obligations, penalties for franchisee breaches or termination, and provisions permitting franchisors to modify their operations manual during the term of the franchise. Franchisors in Australia need to reexamine their franchise agreements to make sure they will comply with law.

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  • Court Holds Franchisee Accountable for Acts That Harmed the Goodwill and Reputation of the Franchise System

    09/20/2016 / Nic Puechner

    The U.S. District Court for the District of Arizona recently issued a decision supporting franchisors’ right to protect their legitimate business interests from franchisees who perform “overnight switches” to competing businesses. The court specifically held that enforcement of non-compete agreements are “necessary to protect [franchisors’] legitimate business interests, including [their] confidential information, trade secrets, and good will,” reasoning that “[t]he goodwill that [a franchisee] acquired from performing work as a . . . franchise belongs to the franchisor.”

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  • New St. Paul Ordinance Guarantees Paid Sick and Safe Time Leave for Employees

    09/13/2016 / Phyllis Karasov and Nic Puechner

    On September 7, 2016, the St. Paul City Council unanimously approved an ordinance guaranteeing paid earned sick and safe time for employees working within the city of St. Paul. The new ordinance will take effect July 1, 2017 for employers with 24 or more employees and January 1, 2018 for employers with 23 or fewer employees.

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  • New Minneapolis Ordinance Guarantees Paid Sick and Safe Time Leave for Employees

    07/20/2016 / Phyllis Karasov and Victoria M. Dutcher

    On May 27, 2016, the Minneapolis City Council unanimously approved the Minneapolis Sick and Safe Time Ordinance, which guarantees paid sick and safe time leave for employees working within Minneapolis city limits. The new ordinance will take effect July 1, 2017. While a year remains before affected businesses and organizations must comply with the new ordinance, its sweeping changes will require employers to begin planning in short order. Employers should review existing paid time off and sick leave policies in light of this ordinance.

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  • Drug and Alcohol Testing May be Considered Employer Retaliation

    07/20/2016 / Phyllis Karasov and Victoria M. Dutcher

    On May 12, 2016 the Occupational Safety and Health Administration (OSHA) implemented changes in work-related injury and illness reporting, and retaliation by employers after injury or illness reports. These changes will take effect in two stages, with the anti-retaliation policies effective Nov. 1 and the reporting rule effective Jan. 1, 2017.

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  • Supreme Court Decides on Enhanced Damages and Attorney’s Fees in IP Cases

    06/29/2016 / Katherine Muller

    When considering lawsuits, parties often ask about getting enhanced damages or attorney’s fees if they prevail. Although many of the issues are similar, the answer recently changed for patent cases while it stayed the same for copyright cases. As its term comes to an end, the Supreme Court recently issued two decisions regarding a losing party’s objective reasonableness in intellectual property cases, reaching seemingly different conclusions.

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  • Federal Circuit Upholds Database Patent

    06/29/2016 / Todd Fronek

    Software patent applicants and patent holders were provided with a boost to their portfolios with a recent Federal Circuit decision in Enfish v. Microsoft. Those who follow software patents are no doubt aware of the large number of patents that have been invalidated since the Supreme Court issued its 2014 decision in Alice v. CLS. Prior to the Enfish ruling, only one Federal Circuit case addressing Section 101 patent eligibility pertaining to computer inventions had upheld a patent in view of the Alice decision. As more cases are evaluated in view of Alice, more clarity and certainty are provided to those evaluating validity of issued patents and preparing new applications for filing.

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  • DTSA Legislation Opens Federal Courts for Pursuit of Trade Secret Claims

    06/29/2016 / James Quinn

    New legislation will now give companies an opportunity to pursue claims in federal court in cases of trade secret disclosure. On May 11, President Obama signed the Defense of Trade Secrets Act of 2016 (the “DTSA”), which Congress passed in April. Before the legislation was signed, trade secret claims were only heard at the state court level.

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  • Supreme Court to Review Lost Profits for Design Patent Infringement

    06/29/2016 / Katherine Muller

    Design patents may be unfamiliar to many businesses, but in certain situations they can be extremely valuable. In the long-standing smartphone battle between Apple and Samsung, Apple has been awarded millions of dollars in damages for Samsung’s infringement of several Apple design patents, covering the ornamental design of the phones’ face, bezel and grid of icons. This has prompted other businesses to consider design patents when developing their competitive strategies.

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  • Blight and Abandoned or Unattended Vehicles

    06/16/2016 / Inga Schuchard

    Abandoned motor vehicles constitute a hazard to the health and welfare of the people of Minnesota. According to the state of Minnesota, and many local municipalities, abandoned vehicles can harbor noxious diseases, furnish shelter and breeding places for vermin, and present physical dangers to the safety and well-being of children and other citizens. Minnesota law declares abandoned motor vehicles and other scrap metals to be a blight on the landscape and a detriment to the environment. Minn. Stat. § 168B.01. A “blight” is something detrimental to the safety, health, morals, or welfare of the community. In April 2016, the Minnesota Court of Appeals decided a matter concerning a vague municipal blight ordinance, and reversed Renee Anita Vasko’s misdemeanor conviction of violating the same. State v. Vasko, No. A15-1172, 2016 WL 1551666 (Minn. Ct. App. April 18, 2016).

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  • Court of Appeals Clarifies Good Faith Purchaser Priority Protections for Lenders

    06/16/2016 / Jason Tarasek

    A lender does not lose its status as a “good faith purchaser” under Torrens law even though it is aware of facts that later give rise to an allegation that a quitclaim deed is actually an equitable mortgage. So says the Minnesota Court of Appeals in a recent decision involving a woman trying to save her home.

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  • Do Not Waive Your Right to Arbitrate

    06/16/2016 / David Hammargren

    Employers may have a contractual right to arbitrate claims, but that right can be waived. In the context of an alleged wrongful termination, the United States Court of Appeals for the Eighth Circuit recently concluded that an employer had done just that – waived its right to arbitrate. Contractors and employers can learn a great deal from the court’s decision in Messina v. North Central Distributing, Inc. (dba Yosemite Home Décor), which would apply to any contractual dispute which involves an arbitration clause.

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Showing Results 21 - 40 of 601