– Legal Insights –
If you’re considering filing a lawsuit in Minnesota, a critical question to ask is whether you can recover attorney’s fees as part of your case. The answer largely depends on the type of claim you bring, the agreements between parties, and specific Minnesota laws. Let’s explore when attorney’s fees might...
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While 2017 has brought great fortune and growth in the real estate market, the year has unfortunately also seen several management companies’ theft/embezzlement from their association clients. To be clear, these incidents were isolated. By far, most management companies take the manager’s fiduciary role very seriously, and have multiple checks...
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If you are a landlord of residential rental property in the state of Minnesota, you may be subject to a rent escrow action to remedy alleged “violation(s)” at your property. What is a rent escrow action? A rent escrow action is a Minnesota statutory provision that permits a residential tenant...
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The Office of the Comptroller of the Currency (OCC) shared several updates over the past six weeks that require the attention of financial institution leaders. In fact, some changes go into effect as soon as December 1, 2017. On September 28, the Committee on Bank Supervision (CBS) for the OCC...
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The history of non-compete agreements might be described as a pendulum. The past five years have seen a significant movement in employer attempts to broaden noncompete agreements and limit employee protections. A decision this year from the Federal Circuit, as well as other recent developments, suggests, however, that the pendulum...
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Real estate agents often question what rights and remedies they may have against the seller in the event of a non-disclosure claim. In many home sales, the buyer, seller and agent sign an arbitration agreement requiring that claims go through arbitration rather than litigation. Many buyers, sellers and real estate...
Most association governing documents contain provisions requiring the association to establish and maintain one or more reserve accounts that are used to set aside funds for the future maintenance or replacement of components of the property that the association is obligated to maintain, repair and replace. Legal Requirements for Reserves...
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Even though I’m a lawyer, my blog posts don’t always need to discuss law-related topics. I’m entitled to digress from time to time, particularly when the “issue of the day” affects me personally. This week the St. Clair Broiler, an old-fashioned diner-style restaurant in St. Paul’s Macalester Groveland neighborhood, announced...
As we become more mobile, law firms face substantially greater challenges meeting their ethical obligation to keep client information confidential. The progress, convenience, and efficiency that technology has brought to our practices carries with it a risk we cannot see but against which we must be vigilant. A recently unsealed...
As a contractor, getting paid for work completed isn’t always as easy as collecting onsite or sending an invoice. Hellmuth & Johnson construction law attorney Blake Nelson answers fact or fiction when it comes to collections, interest and liens and Minnesota state law. It is legal to charge 18% per...
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The delays continue regarding the overtime rule that was originally set to go into effect on December 1, 2016. This rule would have raised the salary threshold for exempt employees – those employees who were not entitled to overtime – to $47,476 from $23,660. Implementation of this rule was delayed...