Insights

Non-Compete Agreements: Growing Hostility and Suspicion
The field of employee non-compete agreements (“NCA”) is changing, broadly reflecting a growing concern about the adverse effects of NCAs on employee labor prospects and market competition. Employers must stay abreast of the legal status of NCAs in Minnesota as well as the general ...Read More

The No Contract Disclaimer In Employee Handbooks: A review Of Hall V. City Of Plainview
Many employee handbooks have a general disclaimer that “nothing contained herein creates a contract” (hereinafter, the “No Contract Disclaimer”). In Hall v. City of Plainview, 954 N.W.2d 254 (Minn. 2021) the Minnesota Supreme Court evaluated this disclaimer and answered the following questions:
Does a ...Read More

Enforceability Of A Lender’s Security Interest In A Borrower’s Machinery And Equipment
Over the last two years, the world has grappled with the COVID-19 pandemic. In an effort to address the economic crisis following the arrival of COVID-19, the United States took a number of significant actions, including, among other things, infusing cash into the national ...Read More

Secured Creditors are Given A Road Map To Recover Seized Vehicles
Minnesota has long authorized police departments and similar agencies to seize property associated with certain crimes and, under proceedings known as “civil forfeiture,” assume ownership of the property. In the past, criminal property seizures have caused problems for secured creditors who have a properly ...Read More

Mitigating Employer Risk Through Documentation
Documentation is one of the easiest ways for an employer to preserve evidence in a case. Ideally, employers should document every action and decision taken concerning incidents, complaints and disciplinary actions in the workplace, no matter how small the issue may seem. An employer’s ...Read More

Third Round of PPP Funding Open, Banks with Assets of $1 Billion or Less Start Friday, January 15, 2021
Late Wednesday, January 13th, the SBA announced that banks with $1 billion in assets or less can start making Third Round PPP loans Friday, January 15th. Banks above that threshold will be able to start Tuesday, January 19th. CDFI institutions and minority-owned institutions started ...Read More

COVID-19 Preparedness Plan: Minnesota Businesses Must Have One!
All businesses must have a COVID-19 Preparedness Plan prior to reopening. Governor Tim Walz made another announcement in Minnesota’s safely reopening plan by issuing Emergency Executive Order 20-74 on June 5, 2020. The order requires, for the first time, that critical businesses develop and ...Read More

Cybersecurity and Data Privacy Laws A Top Priority
The amount of personal and financial information stored and communicated electronically on a daily basis in United States is staggering. This trend will only increase as new technologies develop and integrate into mainstream society. As a result, legislatures are making data privacy and cybersecurity ...Read More

Doing a Deal? Legal Due Diligence and the Crown Jewels
With a view towards closing a deal, legal due diligence occurs when a business attorney collects and analyzes information from a legal perspective and then makes recommendations regarding any action that should be taken.
This typically occurs during the period between signing the transaction (e.g. ...Read More