– 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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The ADA prohibits an employer from requesting a medical examination simply because of a known disability. A medical examination is a procedure or test that seeks information about an individual’s physical or mental impairments or health. A fitness for duty evaluation generally will be considered a medical examination subject to...
The adoption of the Uniform Trust Code (UTC) in Minnesota results in broad changes and modernization to Minnesota law. The changes give practitioners more clear and concise guidance on Trust issues and management. However, not all aspects of the trust law have been changed. Where the new Code is silent,...
After 26 years, Minnesota’s Trust Law has been upgraded to recognize dramatic changes which have occurred in trust administration. Minnesota’s updates, initially drafted by the MSBA Probate and Trust Section and based on the Uniform Law published by the Uniform Law Commission, was signed by Governor Dayton in March 2015,...
An incredible number of businesses have been sued in Minnesota under the Americans with Disabilities Act (“ADA”). One individual has filed multiple lawsuits that look nearly identical. It is not easy to prevent lawsuits like these. Here are tips for avoiding liability under the ADA no matter what type of...
Insurance companies often deny a claim based on an argument that their policies do not cover “cosmetic damage”. Recent developments in Wisconsin law make it tougher for insurance companies to make that argument. Property owners should know the law on “cosmetic” damage when making an insurance claim. A property owner...
Corporate accounting scandals involving large public corporations periodically shock the nation. As a result of these scandals, citizens have questioned the roles of corporate board members, officers, and directors. While most of the concerns have focused on large national publicly-traded corporations, the reverberations go much further. They even extend to...
When a wood floor fails because of a relative humidity issue, a common cause of trouble in the industry, someone needs to pay. All the actors begin the blame game in order to protect themselves from liability. The customers point fingers at the installers, the installers at the distributors, and...
When it comes to planning your estate some of the most important decisions you need to make involve the choices of who will serve under your power of attorney (we’ll call them your Agent), who will serve as your Health Care Agent in your Health Care Directive, who will serve...
August in Minnesota is a great time to discuss the importance of estate planning. It also happens to be “National Make a Will Month”. According to a recent survey, 64% of Americans do not have a will. Some of the top reasons people give for not doing a will include:...
As I talk with more groups and individuals I find that many people still see an estate plan as only necessary for those with substantial wealth, those that reached an advanced age, and those with health problems. Nothing could really be further from the truth. Consider Ann (not her real...