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

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.

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

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.

The 3 Elements to Avoid Accidental Franchise

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.

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

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.

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

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.

Auto Insurance: Are You Covered? – Minnesota Motorcycle Insurance

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.”‎

Employee Need Not Invoke MPLA Leaves

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.

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

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.”

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

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

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

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

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

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.

New Generic Top-Level Domain System Expands Internet Addressing Scheme

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.

Class Action Suit Dismissed Because EEOC Failed to Properly Investigate Before Suing

On February 22, 2012, the Eighth Circuit Court of Appeals dismissed an EEOC class suit because the EEOC had failed to investigate the claims of the class members before it sued in September 2007 and failed to offer the employer/defendant a chance to settle those claims through conciliation as required by Section 706 of Title VII. EEOC v. CRST Van Expedited Inc. (8th Cir. Feb. 22, 2012). This case has potentially far-reaching implications for those employers facing an EEOC charge where the Commission fails to fully investigate the claims and come to a probable cause determination before suit. 

Achieving Consolidation and Unit Growth Through Private Equity

Chuck Modell published an article that was featured in the March edition of the International Franchise Association's Franchising World magazine.

A Recent Arms-Length Transaction May Be A Key To Lower Property Taxes

When a property is purchased at a price significantly below the current assessed market value, what impact can the sale have on the owner’s property taxes or on the taxes of owners of similar properties in the neighborhood? If the sale is arms-length does that guarantee a reduction in value and, as a result, a reduction in taxes? While a property that is purchased in an arms-length transaction will not result in a guaranteed reduction in taxes, it can be a significant – if not the primary factor – in obtaining a reduction.

Thinking About A Property Tax Appeal? Be Prepared (in some cases) To Make Financial Disclosures

The economic recession and the bursting of the real estate bubble have created great hardships for many property owners, if there is any silver lining, it is that there are great opportunities for owners to reduce their property taxes by challenging the assessed values of their properties for tax purposes. Owners of “income-producing” properties (properties that produce revenue through rents) who are considering filing a tax petition should be mindful that a legal requirement to pursuing such an appeal is that certain financial information must be produced to the taxing authority within a certain period of time after filing the petition—upon pain of dismissal for failure to do so.

Survey of Computer Fraud and Abuse Act Cases

Molly Eichten was published in the November 2012 issue of the American Bar Association's publication, The Business Lawyer, for the article "Survey of Computer Fraud and Abuse Act Cases."

Governor Vetoes Tort-Reform Bills Passed by Legislature

Stop Online Piracy Act Causes Controversy Between U.S. Giants

Molly Eichten discusses the highly debated Stop Online Piracy Act (SOPA) first introduced by Representative Lamar Smith from Texas in October 2011.