Insurability of Punitive Damages in Minnesota

“Insurability of Punitive Damages in Minnesota,” Insurance Law Deskbook, Chapter 9 (Minnesota CLE, 2019)

E-Alert - Minnesota Enacts New Wage Theft Laws and Employee Notice Requirements

The Minnesota legislature passed sweeping new amendments to statutes which create criminal penalties for the failure to pay wages and impose requirements for employers to document the terms of employment with their employees.

Lessor Beware

Bryan Huntington’s article, “Lessor Beware” was published in the May 2019 edition of Bench and Bar magazine. The article examines the trend that recent federal court decisions seem to favor a willingness to hold commercial landlords liable for their tenants’ trademark infringement.

It Cannot Be Hearsay if You Said It: Statements of Brokers as Representations of the Insurer in Minnesota

“It Cannot Be Hearsay if You Said It: Statements of Brokers as Representations of the Insurer in Minnesota,” Survey of Insurance Law, TIPS LAW JOURNAL, Vol. 52, 2019.

FTC Seeks Comments on Amended Franchise Rule

The Federal Trade Commission has requested public comments on whether to make changes to its rule known as “Disclosure Requirements and Prohibitions Concerning Franchising” (“Amended Franchise Rule) as a part of systematic review of all current FTC rules and guides. Comments must be received on or before May 13, 2019.

U.S. Supreme Court Resolves Split over “Wholly Groundless” Exception to Arbitration

Earlier this year, the U.S. Supreme Court in Henry Schein, Inc. v. Archer & White Sales, Inc., unanimously struck down the “wholly groundless” exception that had been invented by lower courts to defeat arbitration agreement clauses that delegate threshold questions of arbitrability to arbitrators. This is good news for franchisors who rely on arbitration as the franchise system’s chosen method of dispute resolution. The decision is the latest evidence of the law’s continued trend favoring the enforcement of arbitration agreements.

8th Circuit Affirms Shareholder-Standing Dismissal and Implied Consent to Entry of Final Order

A Transfer is Not Fraudulent If Only a Non-Filing Spouse’s Interest in Joint Property is Involved

A Transfer is Not Fraudulent If Only a Non-Filing Spouse’s Interest in Joint Property is Involved

In Seaver v. Noll, Adv. No. 17-4066, 2018 WL 4693813 (Bankr. D. Minn. Sept. 27, 2018), the bankruptcy court held that transfers “executed to prevent the defendant’s property from being caught up in the debtor’s bankruptcy case” were neither constructively nor actually fraudulent. The Court also analyzed each transaction to determine that, except for one miscalculation, the transfers were not otherwise voidable.

Save Your Business: Mediate, Don’t Litigate.

Apart from a public relations nightmare, the single biggest obstacle in the path of a growing company, particularly a small one, is the prospect of a lawsuit.

Anti-Poaching Clauses Continue to Draw Focus of State Regulators and Plaintiffs’ Lawyers

On December 20th, the Washington State Attorney General announced that it had reached agreements with another 7 franchisers to eliminate anti-poaching clauses from their franchise agreements, joining 39 others who signed similar agreements with the state earlier in the year.

E-Alert – City of Saint Paul Enacts Minimum Wage

Saint Paul has enacted a phased higher minimum wage ordinance which begins in 2020. The size and type of business determines when the $15 per hour minimum wage applies.

Can an Employer Require that an Employee Who was Involved in a Work-Related Injury or Accident be Drug Tested?

When I prepare a drug and alcohol testing policy for Minnesota clients, they often tell me it is their understanding that although post-accident testing is permitted under Minnesota law, it is prohibited by OSHA. In October 2018, OSHA issued a new memo which clearly states that post-accident testing is permissible.

Financial Disclosures Complicate Property Tax Appeals

When a property tax appeal is filed on an income-producing property in Minnesota, certain financial disclosures are required to be submitted to the county before Aug. 1.

Mind the Gaps

Are you minding the gaps in your construction buy/sell agreement? Article 2 of the Uniform Commercial Code, as adopted across the country, may be changing your contract risk exposure.

What Next, Now That Transportation Fees Have Been Ruled Illegal in Minnesota?

The Minnesota Supreme Court’s ruling in Harstad v. City of Woodbury, that cities do not have authority to charge transportation fees for future road improvements, has answered one big question for developers, but others remain.

NLRB Issues Proposed Rule on Joint Employer Status

On Feb. 26, 2018, the board vacated Hy-Brand after an NLRB Inspector General’s report found that a board member should not have participated in the decision because his former law firm represented one of the parties in Browning-Ferris.

Guest or Tenant?

Bryan Huntington’s article, “Guest or Tenant?” was published in the August 2018 edition of Bench and Bar magazine. The article examines the criteria that courts consider when deciding which persons are protected by Minnesota’s landlord/tenant statutes.

Topic 606 – is Your Net Worth (Equity) About to be Decimated?

Under Financial Accounting Standards Board (FASB) Accounting Standards Update (ASU) 2014-09 Topic 606 Revenue from Contracts with Customers (Topic 606), which is in effect now for public companies, and will be effective next year for private companies, generally requires up-front fees to be deferred and taken into income over the term of the franchise agreement.

NASAA Proposes Major Changes to Franchise Disclosure Document Cover Page – Comments Are Due This Week

On June 12, the North American Securities Administrators Association (NASAA) issued a proposal to revise the state cover page to Franchise Disclosure Documents (FDDs), essentially adding several pages to the beginning of the FDD.