Three Questions with Kyle Vick

Three Questions with Heidi Bassett

Three Questions with Bill Griffith

Three Questions with Katherine Herman

Three Questions with Bryan Huntington

Three Questions with Maureen Lodoen

Three Questions with Phyllis Karasov

Three Questions with Peter Coyle

Three Questions with Jake Steen

Three Questions with Megan Rogers

Minnesota Legislature Makes Historic Investment in Dental Care

With the growing importance of the Minnesota’s Medicaid program (commonly referred to as Medical Assistance or “MA”) in Minnesota’s health care landscape in the last decade, the Minnesota Legislature and officials at the Minnesota Department of Human Services (“DHS”) have wrestled with how to increase access to care.

Does your employee handbook create an employee contract? The answer might surprise you!

Virtually all employee handbooks contain the statement, “This handbook is not a contract.” Most employers assume with this contract disclaimer none of the policies and provisions in their employee handbook constitute a contract.

Chuck Modell Articles 1990-Present

View a complete compilation of Chuck Modell's articles 1990 - Present

Estate Planning for Business Owners in the Midst of COVID-19

Estate planning is important for everyone, but business owners have unique needs.  Planning is especially important with the uncertainty of the current pandemic.  Having an inadequate plan, or no plan, can be costly and wreak havoc with the business. 

Vicarious Liability for Professional Negligence of Independent Contractors: Popovich v. Allina Health Systems

On July 29, 2020, the Minnesota Supreme Court held that a hospital can be found vicariously liable for the negligence of its independent contractors. The ruling in Popovich v. Allina Health fundamentally changes the landscape of medical malpractice liability in Minnesota as, previously, the Court had held that a hospital could only be held vicariously liable for the negligence of its employees. The majority in Popovich relied on a theory of apparent authority to determine that a physician, practicing at a hospital under an independent contractor agreement, was acting as the agent of the hospital such that the hospital could be held vicariously liable for the physician’s negligence.

Minnesota 2020 Primary Guide

While most political commentators focus on the presidential election, Minnesota heads into campaign season with nearly every elected official on the ballot this November. All 201 state legislative seats are up for election along with the state’s eight congressional districts and one of its two US Senate seats. With that many competitive races on the docket for the general election, it is no surprise that Minnesota will also see a number of high profile and competitive races as part of next week’s primary election.

California Privacy Rights Act of 2020 - Amendment to the CCPA

The California Privacy Rights Act (the “CPRA”), has qualified for the November 2020 general election ballot. If approved, the CPRA would introduce significant amendments to and expand the California Consumer Privacy Act (the “CCPA”) by adding new definitions, giving consumers the right to limit the use and disclosure of a new category of “sensitive” personal information, and allowing consumers to opt-out of the sale and sharing of their data. The initiative would also triple fines for the unlawful collection or sale of children’s personal information. The CPRA would also establish the California Privacy Protection Agency, which would replace the state attorney general’s office in enforcing these rights. The following is an overview of some of the key changes.

NASAA Implements E-filing Procedures for FDD Filings

In a step aimed at eventually allowing franchisors to make one filing of their disclosure documents for all states, the North American Securities Administrators Association (“NASAA”) has expanded its Electronic Filing Depository (“EFD”) beyond securities filings to now accept state franchise filings.  The EFD system will allow filers to submit multiple state filings and pay filing fees in one place.  Although not all registration and business opportunity states have agreed at this time to accept filings via the EFD system, filers will likely find that this system will create efficiency in the filing process. 

Could It Really Be Time Already to Amend Your FDD?

Most franchisors completed and filed their franchise disclosure documents in the last ten weeks, and the last thing they will be thinking about is stopping sales to amend that document so soon after renewal. However, under both state and federal law, there is an obligation to amend as material changes occur in the information disclosed in the FDD, and recent events, including COVID-19 and civil unrest, may have created events in your system that require amendment at this time, or could soon require an amendment.

Department of Labor Guidance on the Families First Coronavirus Response Act

On March 26, 2020, the U.S. Department of Labor (DOL) published its first guidance on the Families First Coronavirus Response Act (“FFCRA” or “Act”).  The publications included a fact sheet for employees, a fact sheet for employers and a question and answers document.  The documents begin to address the numerous questions that businesses have concerning the application of the Act to their business, how to determine coverage, ways to seek an exemption and circumstances under which a small business might do so, and other miscellaneous items concerning wages and hours.  The DOL promises that more information will be forthcoming before the effective date of implementation of the Act which now appears to be April 1, 2020.