– Legal Insights –
Defamation damages are unusually difficult to prove. A false accusation may circulate through a workplace, professional community, or social circle without producing a receipt for the harm it causes. Prospective customers rarely explain that they chose a competitor because of something they heard. Colleagues may quietly withdraw their trust. Friends...
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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...
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....
Share Certificates and Estate Planning, Monthly Fees and Carrying Charges, and Occupancy Agreements Share Certificates and Estate Planning Q: Most cooperative bylaws prohibit anyone who is not a member from serving on the board of directors. But a growing number of cooperative members are altering the ownership of their share...
“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...
One of the reasons many people choose to live in a community association is the aesthetic appeal—home styles are complementary, with similar features, perhaps similar colors and/or layouts. In order to maintain that aesthetic uniformity, the Association must be involved in any planned changes to a home’s exterior or to...
As we approach spring and look forward to the annual spring walk-through and start planning maintenance, repair and replacement projects for the coming year, boards and managers will be faced with a number of decisions, as well as bids and proposals from various vendors and contractors. How do you...
Several years ago, as bank financing dried up and job lay-offs increased, more and more individuals turned to using their traditional or rollover IRAs for capital investment in a business or real estate. However, the rules for making those self-directed investments have been difficult to follow and it has been...
As most real estate professionals know, under Minnesota law, sellers of Minnesota real estate – as well as the agents involved – are required to make disclosures regarding conditions that may affect the use and enjoyment of a property. Understanding disclosure requirements will enable agents to be more effective in...
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...
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...