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– Legal Insights –

When a professional forms, operates, or transfers a firm, compliance requires more than simply following the laws governing corporations, limited liability companies, or limited liability partnerships. If the firm provides certain professional services, it may also be subject to the Minnesota Professional Firms Act (“MPFA”), codified at Minn. Stat. ch....

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Business owners misclassifying their employees as independent contractors is a common issue, arising frequently in Minnesota and elsewhere. By following the guidelines outlined below, your business can avoid having to face some expensive headaches in this area of law. Generally, an individual is considered an employee when an employer controls...

On October 21, 2020, the Centers for Disease Control and Prevention (“CDC”) updated its definition of “close contact” with an individual infected with the novel coronavirus (“COVID-19″). Under its previous guidance, the CDC defined “close contact” as 15 minutes of continuous contact with an individual with a confirmed case of...

Strategic questions are critical in negotiations, and are far too often ignored. Strategic questions are the difference between playing chess and playing checkers. Chess masters play many moves ahead. Strategic questions are a great way to gather information and gain concessions from the other side. A strategic question is one...

With a push by the Democratic party to return federal estate taxes to their historic norms, taxpayers need to act now before Congress passes legislation that could adversely impact their estates. Currently, the federal estate and gift tax exemption is set at $11.58 million per taxpayer. Assets included in a...

This article provides guidance for Minnesota therapists who would like to provide remote therapy to clients in other states. The Covid-19 pandemic has produced an increased demand for therapy while making it unsafe to conduct therapy in-person. These contrary realities have led to a real-life experiment regarding the effectiveness of...

The worldwide COVID-19 pandemic has thrown everyone for a loop. While unemployment rates are slowing dropping, they are still well above where they were pre-COVID-19. Millions of people have been furloughed or laid off. Many are underemployed, earning far less than they were at their pre-COVID jobs. Regardless of their...

The Grantor Retained Annuity Trust (“GRAT”) is one of the leading wealth transfer techniques. It is ideal for clients who want to move wealth out of their estate without paying taxes, and it is a remarkably simple concept. Now may be the best time to incorporate a GRAT into your...

Minnesota Housing, the state’s housing finance agency, has launched its COVID-19 Housing Assistance Program. The program provides housing assistance payments to help prevent evictions, prevent homelessness and maintain housing stability. To qualify, households must meet all of the following criteria: Be a Minnesota resident. Be a renter or homeowner with...

As we have noted in the past, the Minnesota Department of Labor & Industry has required all businesses to implement a COVID-19 Preparedness Plan (“COVID Plan”). Under recent Executive Order 20-81 issued on July 22, 2020, all COVID Plans must now be revised. Specifically, all businesses must: Update their COVID...

During these challenging economic times, many owners are failing to pay assessments and may even threaten to file, or actually file for bankruptcy protection. Many associations mistakenly believe that unit assessments are fully discharged when an owner files for bankruptcy protection. Pursuant to Section 523 (a) (16) of the U.S....