Insights
An Employer’s Obligation to Reasonably Accommodate Sincerely Held Religious Beliefs
Publication of the Occupational Safety and Health Administration’s COVID-19 vaccination and testing emergency temporary standard had many employers asking: What must we do when an employee asserts a religious exemption? This article provides a brief outline of the private1 ...Read More
Farm Divorce: The Complex and Confounding Concept of the “Double Dip”
One of the most challenging concepts for many family law attorneys (and even some business valuation experts) is the “double dip.” The double dip issue arises in many divorces involving farms or small businesses and can have a substantial ...Read More
OSHA’s COVID-19 Vaccination and Testing ETS Withdrawn; Final Determination of Proposed Rule Pending
On January 25, 2022, the Occupational Safety and Health Administration (OSHA) announced the withdrawal of the COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), effective January 26, 2022. This follows the U.S. Supreme Court’s decision granting an emergency stay ...Read More
Employer Update: Supreme Court Halts COVID-19 Vaccination and Testing Emergency Temporary Standard, Upholds Centers for Medicare and Medicaid Services Vaccination Mandate
On January 13, 2022, the United States Supreme Court ruled, in a 6-3 decision, granted an emergency stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) requiring employers with at least 100 employees “to ensure their workforces are ...Read More
Legal Update: U.S. Bankruptcy Court Finds Tribal Gaming Payment Not Part of Debtor’s Bankruptcy Estate
In the recent decision, In re: Musel, the United States Bankruptcy Court for the District of Minnesota held that tribal payments are not considered a property interest of a bankruptcy estate when federal law governs and the tribe expressly ...Read More
Minnesota Peacetime Emergency Ends July 1st
Governor Walz has agreed to end the peacetime emergency on July 1st. He had planned for his executive orders to expire on August 1st. However, in negotiations with Senate Republicans, he agreed to end his emergency powers ...Read More
When May Someone Other Than a Mortgagor Redeem Real Estate Following a Foreclosure?
At some point in their careers, most lenders who finance borrowers with real estate collateral will see at least some of their borrowers go through a real estate foreclosure. Depending upon the nature of the real estate foreclosed upon—and ...Read More
Minnesota Supreme Court Weighs in on Spousal Maintenance Modifications
On May 26, 2021, the Minnesota Supreme Court filed its decision in Honke v. Honke. In that case, ex-wife received post-divorce cash gifts from her parents of $500,000.00 during the time she was also receiving spousal maintenance from her ...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 ...Read More
Case Law Update: Dishonest Debtors in Settlement Negotiations
The Minnesota Court of Appeals recently decided a case involving a dispute between two financial institutions that may have important impacts on how to approach settlement negotiations with defaulting borrowers going forward. The lawsuit involved Student Loan Finance Corporation ...Read More