– Legal Insights –
For many business owners, their business is one of the most valuable and important things they own. When it is time to sit down and create an estate plan, it is critical that business owners plan for their business just as they would plan for their home or finances. Effective...
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While teaching a recent class to Boards of Directors of various community associations, many questions were raised regarding leasing within communities and the ability of associations to regulate and/or restrict rentals. These are issues that many communities return to again and again. It was suggested that it would helpful for...
Recently the Minnesota Department of Labor and Industry (“DOLI”), the Federal Department of Labor and the IRS entered into an enforcement partnership to pursue companies that misclassify employees as independent contractors. Then, just days later, the IRS announced a new program intended to assist employers to “voluntarily reclassify” independent contractors...
IT Contracts are not a necessary evil, although many people see them that way. In fact, the only purposes IT Contracts serve are to protect the organization’s investment, expectations and legal and business interests. IT contracting is a process, which consists of three interrelated and interdependent components: Business; Technical; and...
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What does it mean to terminate a contract? To terminate a contract means to end the contract prior to it being fully performed by the parties. In other words prior to the parties performing all of their respective obligations required by the contract, their duty to perform these obligations ceases...
The economic downturn resulted in a collision course for non-compete agreements. On the one hand, companies-more than ever – seek to value, protect and safeguard client relationships, including those protected by non-compete agreements. On the other hand, many employees feel the pressure of economic security and remain willing to accept...
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Real estate agents are often involved in the discovery of construction defects by their clients during the purchase agreement and inspection phase of a real estate transaction. The Minnesota Supreme Court recently decided the case of Camacho v. Todd and Leiser Homes, A04-599, filed November 23, 2005, which directly affects...
A number of bills were introduced in the Minnesota legislature in the 2011 session that impact community associations. Those that were enacted into law (effective August 1, 2011) include some technical amendments to the Minnesota Common Interest Ownership Act (“MCIOA”) to clarify some of the amendments that were made in...
When someone describes a traumatic brain injury (TBI), most people think of athletes such as those in the NFL or baseball players like Justin Morneau. Thankfully, gone are the days when concussions were seen as minor annoyances and kudos were given to athletes who immediately got back in the game....
One of the most common problems individuals face is insufficient automobile insurance coverage. This is because people often believe that “full insurance coverage” is enough coverage. Minnesota law requires that we all buy no-fault, liability, underinsured and uninsured motorist coverage. But, what does this mean and how much should you...
Business contracts usually contain a “Miscellaneous” or “General” section at the end of the document. The provisions under such a section are often viewed as boilerplate. However, such provisions can dramatically affect business terms and associated risks. Typically, the focus is appropriately on pricing, timing and manner of payment, delivery...