Resources

Resources

  • February 24, 2023Finance & BankingReorganization & Bankruptcy

    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 culpability in the fraud, at least where the fraud was committed by an agent or partner within the...
  • Life Insurance and the Taxable Estate
    January 20, 2023Trusts & EstatesEstate Planning

    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 person designated as a beneficiary on your policy, you and your spouse should take the value...
  • THE NLRB GOES AFTER HANDBOOKS . . . AGAIN.
    January 13, 2023General Counsel ServicesLabor & Employment+1

    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 the Trump NLRB as to employee handbooks. Before we get to the changes, let’s cover how...
  • January 6, 2023Family LawPrenuptial & Postnuptial Agreements

    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 circumstances. Usually, the caller has briefly discussed the situation with his or her spouse and the...
  • Interview Do’s and Don’ts for Employers
    December 30, 2022General Counsel ServicesLabor & Employment+1

    Interview Do’s and Don’ts for Employers

    There are many areas of a job applicant’s life that a person may be curious about, but an employer should steer clear of. This article identifies some of the questions employers should avoid (Interview Don’ts) and things employers you should remember and do when interviewing applicants. Interview Don’ts: Don’t ask questions about membership in protected...
  • December 23, 2022Trusts & EstatesEstate Planning

    How to Administer an Estate: The Personal Representative’s Handbook

      Introduction So, you’ve been nominated as a Personal Representative of someone’s estate. Chances are that the estate you’ve been asked to administer belongs to one of your parents. You, as the most responsible (or physically closest) child, want to honor the decedent’s wishes and fairly administer the estate. Do you accept or decline the...
  • December 16, 2022General Counsel ServicesLabor & Employment+1

    Employees Using THC – Legally? Navigating Employee Drug Testing In The Post-Legalization Era

    The Road to Legalization? The road to our current legal field began with the federal 2018 Farm Bill, which legalized the cultivation and sale of hemp at the federal level. Specifically, any hemp containing a maximum of 0.3% THC by weight was now considered “legal” at the federal level. Importantly to Minnesota, the Farm Bill...