Back-Dated Non-Compete Ancillary to New Employment Does Not Require Independent Consideration
The Minnesota Court of Appeals, in Wells Fargo Insurance Services USA Inc. v. Galioto, A19-0175, 2019 WL 4409414 (Minn. Ct. App. Sept. 16, 2019), determined that a restrictive covenant ancillary to the defendant-employee’s offer of new employment did not require independent consideration, despite being retroactively dated. The Court of Appeals reversed the district court’s grant […]
Craig W. Trepanier Quoted in Pioneer Press on Non-Compete Reform
TMB founder and non-compete attorney Craig W. Trepanier was quoted in the St. Paul Pioneer Press regarding the growing interest in reforming non-compete laws across the country. Specifically, he was asked about a letter signed by Minnesota Attorney General Keith Ellison urging the Federal Trade Commission (FTC) to take regulatory action on the use of […]
Minnesota Supreme Court Holds that Basketball Coach is not a “Public Figure” Under Defamation Law
In McGuire v. Bowlin, — N.W.2d — (Minn. 2019), the Minnesota Supreme Court decided that Nathan C. McGuire, a former head coach of the girl’s basketball program at Woodbury High School, was not a “public figure” for purposes of determining the standard for a defamation claim he asserted against certain parents of players on the […]
North Dakota Non-Compete Law Amended
North Dakota amended its law regarding non-competes, N.D. Cent. Code § 9-08-06, on August 1, 2019. North Dakota generally prohibits noncompete agreements if they restrain anyone from participating in a lawful profession, trade, or business of any kind. North Dakota’s prohibition contains exceptions, however, in situations regarding the sale of a business or dissolution of […]
TMB Recognizes Three Super Lawyers and a Rising Star
Trepanier MacGillis Battina P.A. has four attorneys selected for inclusion in the 2019 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. MacGillis […]
Minnesota Wage Theft Law Takes Effect on July 1, 2019
The State of Minnesota has enacted legislation to prevent “wage theft” that will require employers to take specific steps when it goes into effect on July 1, 2019. The requirements apply to employers in Minnesota with 10 or more employees. Key provisions of the law include: Employers must provide all new employees with a written […]
James C. MacGillis, Firm Profiled in Minnesota Lawyer
Minnesota Lawyer, a weekly publication serving the Minnesota legal community, recently featured an interview with TMB founding shareholder James “Jim” C. MacGillis. The piece, “Business Focus Drives Boutique Firm’s New Leader, written by reporter Todd Nelson, ran on May 9, 2019. The article highlights Jim’s recent election in May 2019 as President of Trepanier MacGillis […]
Minnesota Human Rights Act Clarified by Pair of Supreme Court Decisions
The Minnesota Supreme Court issued two decisions in 2019 interpreting the scope of the Minnesota Human Rights Act (“MHRA”) as to protections against discrimination based on an employee’s disability. Together, the two rulings reinforce the idea that employers in Minnesota need to be both thoughtful and careful when responding to an employee’s request for an […]
Minnesota PCA Agencies and Home Health Care Businesses Face Increasing Regulatory Burdens
The Personal Care Assistance (“PCA”) and home health care industry has been rewarding for owners of PCA agencies in Minnesota, some of whom are first-generation immigrants serving a particular demographic or immigrant community. A perfect storm of regulatory changes, however, is making this line of business increasingly challenging. Because Minnesota PCA businesses bill the state’s Medicaid […]
How to Enforce a Minnesota Non-Compete
When one or more of your employees resign to join a competitor or start a competing business you need to quickly evaluate your legal rights to prevent unfair competition that could injure your company. Step One – Have Signed Non-Competes in Place for Key Employees You cannot enforce a non-compete if you do not have […]