Insights

Employment Laws and Proposed Legislation Minnesota Employers Should Review in 2023
Minnesota’s CROWN Act—Enacted
Minnesota’s Creating a Respectful and Open World for Natural Hair (CROWN) Act amended the definition of “race” under the Minnesota Human Rights Act (MHRA). Race, as a protected class under the MRHA, is now “inclusive of traits ...Read More

Crime and Employment – Navigating State And Federal Law On Job Applicants And Employees With Criminal Histories
One of the more common issues faced by employers and hiring managers when seeking new employees involves job applicants’ criminal backgrounds and histories. One of the reasons this remains a prevalent issue is due to the commonality of Americans ...Read More

Avoiding Retaliation Liability – The Difference Between What and Why
Retaliatory discharge is a claim that an employee was fired, not for a legitimate business reason, but rather in retaliation for the employee taking some legally protected action such as: making a workers’ compensation claim, taking FMLA leave; or ...Read More

Regulations Coming for Overdraft and Other Fees
The U.S. Consumer Financial Protection Bureau (CFPB) publishes an agenda of its planned rulemaking activities twice a year – typically in the Spring and Fall. These agendas constitute a window into the focuses and priorities of the CFPB. In ...Read More

How New Credit, Modifications, and Extensions can Impact Mortgage Priority
Real Estate often serves as the primary collateral for a loan, and for good reason. Compared to personal property, real estate tends to depreciate less, cannot be absconded with, and oftentimes is simply more valuable than items of personal ...Read More

How to Avoid Conversion Claims with Jointly Payable Checks
This article is intended to be a “refresher” on how lenders can avoid conversion claims in connection with certain jointly payable negotiable instruments. Certain types of negotiable instruments (e.g., jointly payable checks) can benefit lenders, as demonstrated in the ...Read More

Supreme Court Clarifies Bankruptcy Discharge Rule for Fraudulent Debt; Overturns Eighth Circuit Precedent
In a case decided Wednesday, February 23, 2023, the U.S. Supreme Court held that a Chapter 7 bankruptcy debtor is precluded from discharging in bankruptcy a debt obtained by fraud, regardless of the debtor’s own personal knowledge of or ...Read More

Life Insurance and the Taxable Estate
An often overlooked component of an estate for the purpose of calculating estate tax are the death benefit of and cash value in a life insurance policy. Even though these benefits may go to a child or other third ...Read More

The NLRB goes after handbooks . . . again.
With the return of Democrat control of the National Labor Relations Board, the pendulum is swinging back so fast, it might hit some employers on the chin. In particular, the NLRB is undoing many of the changes made by ...Read More

Can’t I Just Get a Simple Postnuptial Agreement?
From time to time, I receive phone calls from potential clients who just want a “simple” postnuptial agreement. Usually, the situation involves an inherited business or other income-producing property—or some other (usually unforeseen) life-changing event that significantly impacts financial ...Read More