Supreme Court Ruling Set to Increase Minnesota Tax Revenue by up to $200 Million
On June 21, 2018, the United States Supreme Court overturned Quill Corp v. North Dakota, which prohibited states from collecting sales tax on sales made over the internet. Under this previous holding, online retailers, without a physical presence in the state, were not required to collect sales tax on transactions made with citizens of the […]
Count of Breach of Implied Covenant of Good Faith and Fair Dealing Survives Dismissal in Claim for Payment for Stock Ancillary to Employment Agreement
A recent decision from U.S. District Court in the District of Minnesota provides some guidance as to when a plaintiff may assert a claim of breach of implied covenant of good faith and fair dealing under Minnesota law even if the claim is tangential to an employment relationship. In Hampton v. Koehler, No. 18-541 (DWF/TNL) […]
TMB To Hold Open House
Trepanier MacGillis Battina P.A. will be holding an open house on Wednesday, May 30, 2018 from 4:00 pm to 8:00 pm at 8000 Flour Exchange Building, 310 Fourth Avenue South, Minneapolis, MN 55415. The firm is celebrating its 15th year of business and showing off its expanded and renovated office space. Hors d’oeuvres and beverages […]
Minnesota’s Merger, Conversion, and Domestication of Business Entity Laws Revised
On April 30 2018, Minnesota Governor Mark Dayton signed into law H.F. No. 2764 as Session Laws Chapter No. 103 (the “Act”). Previously, the Act was unanimously approved by both the Minnesota House and Senate. The adoption of the Act, like the Revised Minnesota Limited Liability Company Act, brings Minnesota business law more in line […]
Trepanier and Ella to Present Webinar on Employment Agreements
Employment Agreements
Playing Defense: How Trademark Protection Can Enhance and Protect Your Brand
Many people may know that the use of the term Super Bowl® is protected by the National Football League (NFL®) . Professional football actually provides many examples of the use of trademarks to protect valuable brands. The Minnesota Vikings® and Philadelphia Eagles® – both registered trademarks in their own right – applied for trademark protection for slogans used […]
Federal Consumer Review Fairness Act Bars Non-Disparagement Clauses in Consumer Contracts
In this age of internet trolls, Yelp, Facebook, and Google reviews, businesses may be tempted to consider requiring customers to sign non-disparagement clauses in standard contracts so as to prevent harm to their commercial reputation from negative on-line posts and reviews. This practice was increasingly common up through 2016. That year, however, Congress passed and President […]
Minnesota Employment Agreement Claim Reversed, Remanded by Eighth Circuit
A judgment in favor of a terminated employee to the tune of one million dollars on his claim of breach of a five-year employment agreement was reversed by a panel of the Eighth Circuit Court of Appeals and sent back for further review in Qwinstar Corporation v. Anthony, 882 F.3d 748 (8th Cir. 2018). The […]
Minnesota Court of Appeals Clarifies Scope of Qualified Privilege Defense to Defamation Claims
In Maethner v. Someplace Safe, Inc., No. A17-0998 (Minn. Ct. App. Feb. 12, 2018), the Minnesota Court of Appeals held that defamatory statements about criminal conduct by the plaintiff made by an award recipient at a fundraising banquet and in an article published for fundraising purposes was not protected by a qualified privilege. The appellant, […]
MacGillis Presents on Changes to LLC Law
On January 9, 2018, Trepanier MacGillis Battina P.A. shareholder James MacGillis co-presented a continuing education webcast on “The New LLC Law: What to Know and What to Do Now.” The presentation was sponsored and coordinated by Minnesota Continuing Legal Education. The seminar focused on what lawyers need to know now that the January 1, 2018, […]