Forum Selection Clause in Minnesota Employment Contract Applies to Ancillary Compensation Agreement
A recent decision from the United States Court of Appeals for the Eighth Circuit provides insight as to integration of Minnesota employment agreements and forum selection clauses for claims asserted under an agreement executed as part of a package of other agreements that form the basis of an employee’s offer of employment. In Medtronic v. […]
Bryan Battina will Present Seminar on Conciliation Appeals
TMB Shareholder Bryan Battina will present a Continuing Legal Education (“CLE”) seminar on appealing conciliation court judgments and defending conciliation court appeals in district court on Tuesday, February 12, 2019 from 12:00 PM to 1:00 PM. This seminar is sponsored by the Minnesota State Bar Association (“MSBA”) and will be held at the MSBA conference center located at 600 […]
How Judgments Granting or Denying Injunctions Can Become Moot on Appeal
Plaintiffs in non-compete cases often seek an injunction to prevent a former employee from breaching his or her agreement and causing irreparable harm. Most non-competes, and most injunctions in these types of cases, have a duration of one to perhaps two years at the most. Because it can often take a year or more to […]
Request for Injunction Denied in Minnesota Breach of Duty of Loyalty Lawsuit
Minnesota breach of duty of loyalty case
Profits Interests, Service Provider Executives, and the Non-Employee Employee
Profits Interests The use of profits interests as a form of incentive compensation by limited liability companies (“LLCs”) is increasingly popular. A hallmark of LLCs is that they can issue two different types of membership units: capital interests and profits interests. Capital interests are typically held by those who invest money – capital – into […]
Updated FCRA Disclosure Forms Impact Minnesota Employers
Updated FCRA Disclosure Forms Impact Minnesota Employers Minnesota employers are required to use recently updated Fair Credit Reporting Act (“FCRA”) disclosure forms. The new model disclosure forms “A Summary of Your Rights Under the Fair Credit Reporting Act” and “Summary of Consumer Identity Theft Rights” take effect September 21, 2018. Employers and background check companies […]
8th Circuit Weighs in on Minnesota ADA Public Accommodation Case
The Eighth Circuit Court of Appeals, in Hillesheim v. Holiday Stationstores, Inc., —F.3d —, 2018 WL 4302035 (September 10, 2018), vacated the dismissal of a lawsuit alleging disability discrimination in a place of public accommodation under the Americans with Disabilities Act (ADA) and the Minnesota Human Rights Act (MHRA) and remanded the case back the […]
Breach of Contract Judgment Reversed: Minnesota Supreme Court Holds that Whether a Contract is “Ambiguous” is not a Question for the Jury
The Minnesota Supreme Court decided two fundamental questions related to how breach of contract claims are tried to a jury in Staffing Specifix, Inc. v. Tempworks Management Services, Inc., 913 N.W.2d 687 (Minn. 2018). The dispute between two staffing companies arose regarding the calculation of a buy-out fee. The district court ruled in a motion […]
Minnesota Court of Appeals Affirms Revocation of Professional Licenses
In a rare case of a professional licensee challenging a determination by a professional licensing board, the Minnesota Court of Appeals affirmed the determination by the Minnesota Board of Nursing (“Nursing Board”) to revoke a Minnesota nurse’s registered nurse (RN) license as well as her advanced practice registered nurse (APRN) license. In the Matter of Sharon Beth […]
TMB Attorneys Named as Super Lawyers, Rising Star
Four Trepanier MacGillis Battina attorneys have been selected for inclusion in the 2018 edition of Minnesota Super Lawyers ® magazine. TMB shareholder James C. MacGillis has been named as a Super Lawyer in the area of Business/Corporate Law. TMB shareholders Craig W. Trepanier and V. John Ella have been named Super Lawyers in the areas […]