Recent Changes to Minnesota Medical Marijuana Laws as Part of Omnibus Health Bill and Recreational Cannabis Update
Minnesota Governor Tim Walz signed into law Chapter 30 HF 2128 (the “Health Bill”) on May 25, 2021, which, among other things, includes amendments to Minnesota’s medical marijuana program, which will allow patients with greater access to more affordable cannabis products, including smokable products, such as cannabis flower. The medical marijuana changes mark the most […]
Hip-Pocket Service in Minnesota
What is “Hip-Pocket Service”? In Minnesota state court, unlike most states, a civil action is commenced upon service of the summons and complaint, not by filing. This is known as “hip-pocket service.” If you, or your client, is served with a summons and complaint with a Minnesota state court caption but no court file number, […]
Snyder and Trepanier Present to Corporate Counsel Section of State Bar
TMB shareholder Craig W. Trepanier and TMB associate attorney Nathan R. Snyder, along with attorney Aaron Hall, spoke on May 12, 2021 to the Minnesota State Bar Association Corporate Counsel Section in a presentation titled “From Startup to Succession Planning – A Checklist Approach to Avoiding Common Legal Pitfalls in Private Companies.” Their presentation covered various ways […]
Workplace Privacy Law in Minnesota
Workplace Privacy Law in Minnesota Can an employer in Minnesota legally monitor employees? The answer is usually “yes.” Employers may monitor work e-mails, internet use on company computers, and sometimes location of employees by GPS or other means. Employers can also monitor workplaces by video. There are surprisingly few restrictions on employee monitoring under Minnesota […]
Minnesota Community First Services and Supports Law
PCA businesses in Minnesota should start getting ready to transition from personal care assistance (“PCA”) to Community First Services and Supports (“CFSS”). This change will be more than just nomenclature but most aspects of a PCA agency should remain the same. Clients who were eligible for services before will still be eligible and the covered […]
Minnesota Assisted Living Facility Law – Housing with Services Establishments to be Phased Out by August 1, 2021
Minnesota businesses currently registered as a housing with services establishment under Minnesota Statutes, Chapter 144D must apply for an assisted living facility license no later than June 1, 2021 or case operations. In 2019, Minnesota enacted legislation which requires housing with services establishments that intend to provide assisted living services on or after August 1, […]
Minnesota Employment Agreements and Non-Compete Law – 2020 Year in Review
It is that time of year again when we round up and review all of the state and federal court decisions from Minnesota from the last 12 months involving employment contracts, non-competes, or other restrictive covenants. Once again it appears that companies seeking injunctive relief to enforce non-competes are having a tough go at it, […]
Minnesota Termination of Sales Rep Statute Held to Apply to Claims Against Canadian Company
Application of the Minnesota Termination of Sales Representative Act (“MTSRA” or “Act”), Minn. Stat. Section 325E.37, which protects non-employee sales representatives based in Minnesota or selling in Minnesota from being improperly terminated by the manufacturers who retain their services, recently survived a challenge by a company based in Quebec, Canada. A decision by the U.S. […]
Claim for Unpaid Commissions where Commission Plan was Altered After Sale and Claim for Post-Termination Commissions Under Minnesota Law Result in Split Decision by Federal Appeals Court
“I am altering the deal, pray I don’t alter it any further.” (Darth Vader to Lando Calrissian in The Empire Strikes Back (1980)) Auge v. Fairchild Equipment, Inc. Despite the best efforts of the Minnesota Legislature, Minnesota Courts, and parties drafting contracts to clarify when and how employees are entitled to be paid commissions, disputes […]
Wisconsin Trade Secrets Claim Results in Attorney’s Fees for Bad Faith
In Sanimax, LLC v. Blue Honey Bio -Fuels, 945 N.W.2d 366 (Wisc. Ct. App. 2020), the Wisconsin Court of Appeals affirmed a circuit court’s decision to award attorney’s fees in the amount of $50,102.09 to the defendant, Blue Honey Bio-Fuels (“Blue Honey”) pursuant to Wis. Stat. § 134.90(4)(c) because it determined that the plaintiff, Sanimax, […]