Tortious Interference Elements Changed in Third Restatement of Torts
Restatements of the Law The Restatements of the Law are a set of treatises on legal topics meant to inform lawyers and judges about general principles of common law. They are published by the American Law Institute, an organization of judges, legal academics, and practitioners founded in 1923. The Restatement Second included the elements of […]
TMB Attorneys Oberman and Ella to Speak at Non-Compete Seminar
TMB attorneys Jeffrey B. Oberman and V. John Ella are scheduled to speak on the topic of “Hiring an Employee with a Non-Compete Agreement” at the upcoming seminar “Drafting, Negotiating and Enforcing Non-Competes and Other Restrictive Covenants” hosted by Minnesota CLE. The Seminar will take place on Tuesday September 20, 2022 at the Minnesota CLE […]
Five TMB Attorneys Named as Super Lawyers for 2022
Sure Shots Trepanier MacGillis Battina P.A. ran the table this year. All five of its senior attorneys were recognized as Super Lawyers in 2022. Craig W. Trepanier represents closely held corporations, business owners and executives in the areas of business law, commercial litigation, employment law and non-competes. James C. MacGillis represents entrepreneurs and growing businesses […]
Minnesota Court of Appeals Upholds Jury’s Determination that an Oral Contract Was Enforceable Even When Pricing was Indeterminant
In a June 2022 non precedential opinion, the Minnesota Court of Appeals upheld a jury’s decision in Goldmount Veterinary Center, P.A. v. Watonwan County and Animal Humane Society that an oral contract existed between the parties for a veterinarian’s care and boarding of horses. As a result, the court let stand the jury’s verdict awarding […]
Minnesota Non-Compete Law – 2021 Year in Review
Introduction Once again, we review Minnesota caselaw and other legal developments regarding non-competes and employment agreements from the previous year (January 2021 through March of 2022). 2021 proved to be another tough year for plaintiffs (employers) seeking to enforce non-competes through injunctions, especially in federal court. In two cases, however, one from state court and […]
Nicholas N. Sperling Elected as Shareholder
Trepanier MacGillis Battina P.A. is pleased to announce that Nicholas N. Sperling has been elected a shareholder of the firm effective May 1, 2022. Nick has been with the firm since 2017. He represents corporate and individual clients in all aspects of business law, employment law, commercial and real estate litigation, privacy law and information […]
Can a Nurse Administer Botox Injections without a Prescription in Minnesota?
Clinics and medi-spas in Minnesota often ask whether Botox requires an individualized prescription by a physician or if it is an “over-the-counter” product. The answer is neither. Botox may be administered with a patient-specific prescription or, more commonly, via a “prescription by protocol.” Minnesota statutes section 148.235, subdivisions 8 (Prescription by protocol) and 9 (Vaccine […]
Legal Requirements for Seasonal Employers in Minnesota
Many companies hire more “seasonal” employees in the summer than the winter, or vice versa. These include summer camps, ski hills, landscaping companies, and snow-plowing services among many others. Often the workers return every season and work a different job in the off-season. Questions arise as to whether an employer needs to terminate the workers […]
New Law Bans Mandatory Arbitration of Sexual Harassment Claims for Minnesota Employers
President Biden signed the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” (The “Act”) on March 3, 2022. The Act amends the Federal Arbitration Act (“FAA”) by prohibiting mandatory arbitration of sexual assault or sexual harassment claims. The law applies to arbitration agreements anywhere in the country, including Minnesota. The Act […]
Jeff Oberman Joins Trepanier MacGillis Battina P.A. as Of Counsel
TMB is pleased to announce that Minnesota employment law attorney Jeffrey B. Oberman has joined the firm as Of Counsel effective January 1, 2022. Jeff Oberman is one of Minnesota’s most experienced non-compete, executive, and employment lawyers, with over 45 years of counseling and litigation experience. For most of his career, Jeff has represented executives, […]