Reprimand by Minnesota Board of Medical Practice Affirmed on Appeal
The Minnesota Court of Appeals (“Court”) affirmed an order by Minnesota Board of Medical Practice (“Board”) reprimanding a physician for not cooperating with the Board in a decision issued on December 20, 2021. In the Matter of the Medical License of Michael D. Castro, D.O. No. A21-0232 (Minn. Ct. App. 2021). The decision shows the […]
TMB Attorneys Obtain Court of Appeals Victory in Non-Compete Dispute
The Minnesota Court of Appeals issued a decision on September 7, 2021 reversing a trial court order that granted a temporary injunction in a non-compete case handled by TMB attorneys Nicholas Sperling, Anna Swiecichowski, and V. John Ella. In Pilot Air Freight, LLC v. Trenberth, No. A21-0058, the Court of Appeals found that the lower […]
TMB Seeks Entry-Level Attorney
ASSOCIATE ATTORNEY (Minneapolis) – Trepanier MacGillis Battina P.A. seeks a highly -motivated associate attorney licensed in Minnesota with 0 – 2 years of experience to perform top-quality work in a small-firm atmosphere. Work will include advice and consulting, contract drafting, and litigation in the areas of employment law, non-compete agreements, trade secrets, executive employment contracts, […]
What is “For Cause” Termination of Employment Under Minnesota Law?
Most employment relationships in Minnesota are “at will.” That means they can be terminated at any time, for any reason, or even no reason (except for an unlawful reason such as discrimination.) There are exceptions to at-will employment for tenured professors, civil service employees, and union members, among other groups. An executive with a well-drafted […]
Four TMB Attorneys Named as “Super Lawyers” or Rising Stars for 2021
Four Trepanier MacGillis Battina P.A. attorneys have been selected for inclusion in the 2021 edition of Minnesota Super Lawyers ® magazine: TMB shareholder Craig W. Trepanier was named as a Super Lawyer in the areas of Employment and Labor Law: Employer, Employment Litigation: Defense, Business Litigation, and Closely Held Business law. TMB shareholder James C. […]
What Does Biden’s Executive Order Promoting Competition Mean for Minnesota Non-Competes?
President Joseph R. Biden, Jr. signed an Executive Order on Promoting Competition in the American Economy (“Order”) on July 9, 2021. The Order includes a number of announcements, statements of policy, directives to executive agencies, and other pronouncements all related to the theme of removing barriers to competition and protecting consumers. One item, however, is […]
Property Manager Duties under the Minnesota Vulnerable Adults Act
The Minnesota Vulnerable Adults Act (the “MVAA”) protects Minnesota’s most vulnerable citizens from maltreatment by implementing a mandatory reporting scheme. Knowledge of the MVAA is vital not only for nursing homes, long-term care facilities, women’s shelters, and the kinds of care facilities that house vulnerable adults, but also for businesses, such as property managers, that […]
Craig W. Trepanier and V. John Ella Featured in Attorney at Law Magazine for Executive Law
TMB shareholders Craig W. Trepanier and V. John Ella were featured in the June 2021 issue of Attorney at Law Magazine in a piece called “Speaking the Language of Executives” by H. K. Wilson. The article describes how both attorneys graduated from the University of Minnesota Law School in 1994, went their separate ways, and […]
Nicholas N. Sperling and V. John Ella Author Legal QuickSheet on “Employee Monitoring and Workplace Privacy” for Minnesota CLE
TMB attorneys Nick Sperling and V. John Ella have co-authored a publication for Minnesota CLE entitled Legal QuickSheet (TM) on Employee Monitoring and Workplace Privacy. The publication was provided to all attendees of the 2021 Upper Midwest Employment Law Institute and is available for purchase on line for ten dollars. V. John Ella is a […]
Defending a Claim under the Minnesota Whistleblower Act
Despite Minnesota’s plaintiff-friendly Whistleblower Act, a recent decision by the Eighth Circuit Court of Appeals shows that employers can still succeed in getting whistleblower claims dismissed on summary judgment. In Lissick v. Anderson Corp., No. 19-3783, — F.3d —-, 2021 WL 1799731, (8th Cir. 2021), the court affirmed the district court’s order granting defendant-employer’s motion […]