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  • California Raisin Case Decides the Obvious: When the Government Takes Your Property, it Has to Pay You For it

    08/18/2015 / Gary A. Van Cleve

    The California Raisins made a comeback at the end of June in the form of a United States Supreme Court decision making clear that the Fifth Amendment Takings Clause of the U.S. Constitution (you know the one: “nor shall private property be taken for public use, without just compensation”) applies not only to real estate, but also and with equal force, to personal property. As the Court said recently in Horne v. U.S. Dept. of Agriculture, “Nothing in the text or history of the Takings Clause, or our precedents, suggests that the rule is any different when it comes to appropriation of personal property.”

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  • The Mechanic's Lien and Pre-Lien Notices

    08/18/2015 / James K. Sander

    As most of us know, mechanic’s liens are a powerful statutory remedy for contractors to get paid for their work. The mechanic’s lien is an actual lien filed or recorded upon real property that puts the property owner and anyone examining title on notice that a contractor has done work on the property, but has not been paid for the work. Any contractor who has filed mechanic’s liens knows, however, that the process of properly filing such a lien can be filled with pitfalls.

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  • Takings Law: The Fundamentals

    08/18/2015 / Bryan J. Huntington

    Takings law can be a confusing subject matter. A single article may alternatively discuss takings, eminent domain, condemnation, and inverse condemnation, all without ever defining the meaning of these terms. Beyond vocabulary, articles frequently assume familiarity with the way takings cases are actually litigated. The purpose of this article is to provide a foundation of knowledge for the reader interested in the subject matter.

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  • Court Watch: Franchise Alert - August 2015

    08/13/2015 / Cynthia Klaus and Bryan Huntington

    In the August 2015 issue of the Law Journal Newsletter’s Franchising Business & Law Alert, Cynthia Klaus and Bryan Huntington contributed two articles, "Court Awards Franchisor Attorneys' Fees in Trademark Infringement Action Against Competitor" and "Court Clarifies Meaning Of Termination for Breach and Exceptional Lanham Act Claims."

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  • Department of Labor Revises FMLA Forms

    07/29/2015 / Phyllis Karasov, Andrew Moran and Hilda Li

    The Department of Labor (DOL) recently issued revised Family Medical Leave Act (FMLA) forms (available at http://www.dol.gov/whd/fmla/2013rule/militaryForms.htm), which are effective through May 31, 2018. Although employers are not required to use the FMLA forms provided by the DOL, those who do should use the updated forms moving forward. In addition, employers are advised to include the Genetic Information Nondiscrimination Act (GINA) safe harbor language discussed below even when using the revised FMLA forms.

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  • Privacy Chapter, Business Disputes: Claims and Remedies Deskbook

    07/24/2015 / Phyllis Karasov

    Phyllis Karasov, a leading employment and labor attorney in the Twin Cities, was recently published by Minnesota Continuing Legal Education.

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  • Franchise Renewal Season: What Happened and What Will Happen

    07/16/2015

    The franchise renewal season that keeps most franchisors ‎–‎ and their lawyers ‎–‎ busy in February ‎and March (and in April for those who follow the federal 120-day guidelines) is behind us. ‎Larkin Hoffman’s Franchise & Distribution Practice Group completed filings for about 25 brands that have fiscal years ending December 31, and found ‎a number of trends, mostly positive, but with new challenges on the horizon related to risk factors and financial performance representations.

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  • Counting Calories: The FDA’s New Food Labeling Requirements for Restaurants

    07/16/2015 / Ryan E. Strom

    The U.S. Food and Drug Administration recently adopted a new rule requiring certain ‎food establishments to provide calorie and nutrition information. ‎Last week it announced the rule will go into effect on ‎December 1, 2016‎, a delay of one year from its original effective date to allow for additional time to provide clarifying guidance. That delay gives franchisors time to prepare their system for food labeling compliance by both their franchisee-owned and company-owned restaurants. The new rule applies to restaurants that are part of a chain with 20 or more locations operating under the same name, and therefore many food-service franchisors will need to ensure compliance by all their outlets by December 1, 2016.

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  • DOL Seeking Comments on Proposed Amendments to FLSA “White Collar” Exemptions

    07/13/2015 / Phyllis Karasov, Daniel J. Ballintine and Patrick Kratz

    On June 30, 2015, The U.S. Department of Labor (“DOL”) released a Notice of Proposed Rulemaking, proposing changes intended to modernize and streamline exemptions to the minimum wage and overtime pay requirements of the Fair Labor Standards Act (“FLSA”). The FLSA guarantees a minimum wage and overtime pay at a rate of not less than one and one-half times the employee’s regular rate for hours worked over 40 in a workweek. The FLSA also provides a number of exemptions, including the so-called “white collar” exemptions. Current regulations exempt salaried employees who are paid a minimum of $455 per week ($23,660 per year) and who qualify as executive, administrative, professional, outside sales, and/or computer employees.

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  • Supreme Court’s Decision Regarding Marriage Equality May Require Some Employers to Take Immediate Action

    07/01/2015 / Phyllis Karasov, Daniel J. Ballintine and Hilda Li

    On June 26, 2015, the U.S. Supreme Court, in a 5-4 decision, legalized same-sex marriage nationwide. Fourteen states with bans on same-sex marriage are affected by this decision.

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  • Professional Services Agreements and Acquisitions: Problems and Solutions

    06/30/2015

    The article "Professional Services Agreements and Acquisitions: Problems and Solutions," written by Patrick Cole, John Diehl and Matthew Bergeron was published by Minnesota CLE in June 2015.

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  • Court Watch: Franchise Alert - May 2015

    06/02/2015 / Cynthia Klaus and Bryan Huntington

    In the May 2015 issue of the Law Journal Newsletter’s Franchising Business & Law Alert, Cynthia Klaus and Bryan Huntington contributed two articles, "Circuit Court Reinstates Dealer's Defamation Claims Against Manufacturer" and  "Court Denies Franchisee's Motion to Vacate Attorneys' Fees Award."

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  • Patents Certainly Have Value, But 50 percent of Gross Margin?

    04/23/2015 / Craig Lervick

    What is a patent worth? What are appropriate royalties for a patent license? These are typically very difficult questions to answer, but something business owners and inventors always want to know.

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  • Issue Preclusion by Trademark Appeal Decisions

    04/23/2015 / Jim Quinn

    The Patent and Trademark Office and its “judicial body,” the Trademark Trial and Appeal Board (“TTAB”), consider the registrability of a mark; and not infringement. Federal courts determine whether an infringement has occurred. In TTAB proceedings a “likelihood of confusing similarity” analysis is used to determine whether the mark in an application conflicts with another mark.

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  • Actual Use Necessary for Service Mark Registration

    04/23/2015 / Jim Quinn

    Actual use of a mark is a prerequisite for registration in the Patent and Trademark Office. For a trademark, it is well settled that use occurs when a product has actually been sold. For a service mark, the determination of what constitutes use has been a bit more problematic because there are no tangible items involved.

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  • Minnesota Court of Appeals Expressly Limits Claims That Can Be Raised by Illegal Holdovers to Delay Eviction Proceedings

    04/21/2015 / Connor T. McNellis

    The Court of Appeals decision in Federal Home Loan Mortgage Corporation v. Mitchell will unquestionably make it more difficult for illegal holdover tenants to improperly delay eviction proceedings to retain possession of real property. The case unambiguously holds that attorneys may be sanctioned for improper attempts to delay eviction proceedings on behalf of the illegal holdover tenants.

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  • Environmental Review Becoming Tripwire for Southwest Light Rail?

    04/21/2015 / Gary A. Van Cleve

    Is the Metropolitan Council properly conducting environmental review for its 16-mile, 17-station Southwest Light Rail transit project (SWLRT) that extends through five cities from Minneapolis to Eden Prairie? This is the fundamental question raised in two federal lawsuits by affected property owners in Minneapolis and Minnetonka over the agency’s conduct of the environmental review process.

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  • Court of Appeals Grants Property Owners Judgment as a Matter of Law – Jury Verdict Reversed in Premises Liability Action

    04/21/2015 / Bryan J. Huntington

    ‎Minnesota courts continue to define the extent to which landowners must take steps to protect the safety of independent contractors on their property. In Smith v. Wells Concrete Prods. Co., No. A14-0644, 2015 Minn. App. Unpub. LEXIS 115 (Minn. Ct. App. Feb. 2, 2015), a divided panel of the Minnesota Court of Appeals reversed a jury verdict in favor of a contractor injured while working on land owned by the company that hired her.

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  • Franchisor Prevails at Trial Despite Finding of Technical Disclosure Violation

    03/02/2015 / Jim Susag and Bryan Huntington

    A decision hot off the press of the United States District Court for the Southern District of ‎Georgia, Massey, Inc. v. Moe’s Southwest Grill, LLC, No. 1:07-CV-0741, 2015 U.S. Dist. LEXIS ‎‎12281 (Feb. 3, 2015), has several lessons for franchisors. First, it demonstrates how franchisors ‎can successfully avoid liability for technical disclosure violations by proving that franchisees ‎actually benefitted because of the policy about which they complain. Second, it demonstrates ‎that even when franchisees can make out a violation, franchisors can still prevail at trial. Third, it ‎proves that careful drafting of a franchise disclosure document (FDD) by counsel experienced enough to anticipate changes in ‎the business is critical to a young franchise system.

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  • Sick Time and Paid Leave Bills Proposed in Minnesota Legislature

    02/19/2015 / Phyllis Karasov

    Several bills regarding sick time and paid leave have been introduced to the Minnesota Legislature which, if passed, could have significant impact on Minnesota employers.

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Showing Results 81 - 100 of 611