Different Ways 9/11 Had an Impact on Minnesota Law
“[L]et us resolve to continue embodying the American spirit that no act of terror can ever extinguish.” President Barack Obama, Sept. 10, 2015 It has, remarkably, been 15 years since the horrific terrorist attacks of Sept. 11, 2001. Claiming nearly 3,000 lives, the terrorism changed the country and the world in ways that are still […]
The Minnesota Revised LLC Act
The Who, When, and What of Ensuring Your Company is Compliant In April 2014, Minnesota joined several other states in adopting a version of the Uniform Revised Limited Liability Company Act (the “Revised Act”). The Revised Act, although not fundamentally altering the nature of Minnesota LLCs, represents a substantial overhaul to the contractual arrangements, governance, […]
Chief Bankruptcy Judge Gregory F. Kishel Retires
After 32 years, Chief Bankruptcy Judge Gregory F. Kishel is retiring on May 31, 2016. He started as a parttime Bankruptcy Judge in May 1984 serving in Duluth, Minnesota. He was appointed to a full-time bankruptcy judgeship in St. Paul in 1986. It was a period of transition and turmoil. Only a decade earlier, bankruptcy […]
Welcome Back, Snowbirds: Now, Pay Your Taxes
“Birds sit brooding in the snow.” W. Shakespeare, Love’s Labour’s Lost Vii (1595) This is the time of year when snowbirds flock back to Minnesota. While there is no precise figure of Minnesotans who migrate to more balmy climates during the late fall and winter before returning to their Minnesota homes for the more pleasant […]
Important legislation to protect those claiming disability benefits
Minnesota recently joined over 25 other states in taking action to put those claiming disability benefits on a more level playing field. The new law, which became effective January 1, 2016, prohibits disability benefit policies from containing language that will give insurers deference in their decision making. Minnesota had enacted a law in the late […]
Most asked questions regarding disability benefits
1. Who decides if I am entitled to disability benefits? The benefit plan document provides all the eligibility requirements and is the governing document. The plan document should also state who makes decisions regarding your benefits. That person or entity is known as a fiduciary, and is typically an employer representative or an insurance company. 2. […]
Fire, rehire clauses under fire
The announcement last month by Cargill that it is changing its policy prohibiting employees from reapplying for work with the agriculturally franchised and industrial giant for 30 days, instead of 180 days, if they are discharged for attendance reasons, highlights the issue of companies refusing to hire former workers. The modification by the Minnesota-based company […]
The New Minnesota Trust Code: What Planners Need to Know
Please Note: This material has been prepared as a guide for financial planners for discussion regarding the NEW MINNESOTA TRUST CODE with their clients. This guide is not intended as legal advice. Each client is advised to consult directly with financial, tax and legal counsel on their individual financial and estate plans. Overview. For most clients, […]
King’s Day recalls litigation lore here
Minnesota and the nation pause this Monday (Jan. 18) to honor the memory of Dr. Martin Luther King, on the 30th anniversary of the day set aside to commemorate his life and work. The civil rights leader, born on January 15, 1929, would have turned 87 years old last week. The national holiday to honor […]
Minnesota’s New Trust Code Provides Planning Opportunities
On January 1, 2016 Minnesota’s version of the Uniform Trust Code became effective, bringing with it significant changes to the drafting and administration of trusts in Minnesota. Before we begin our discussion, let’s define what we mean by a “trust.” A trust is a three-party agreement between the maker (referred to as a “Trustor,” “Settlor,” […]