A surprising decision from the Minnesota Court of Appeals suggests that a provision in a non-compete agreement stating that in the event of a breach the employer “shall be entitled to an injunction” may be enforceable as a term of the contract, even though equitable relief is commonly understood to be an extraordinary remedy issued […]
Minnesota Sales Rep Statute Expanded; Clarified.
Minnesota recently amended its Termination of Sales Representatives Act to clarify an historically ambiguous section of the statute regarding its application to sales representatives (“sales reps”) who sell components to customers who then incorporate the component in a larger product. The amendments make it clear that these sales reps are protected by the law and […]
Minnesota Amends its Medical Practice Act
[A version of this article originally appeared on page 3 of the June 12, 2017 edition of Minnesota Lawyer] On May 17, 2017, Governor Mark Dayton signed a law amending the Minnesota Medical Practice Act (“MMPA”) which governs licensure of physicians in the state. Although the changes are considered “housekeeping”, they should be of interest to […]
The Blue Pencil Doctrine in Minnesota
Minnesota is among those states that has adopted the “blue-pencil doctrine” which allows a judge to modify the terms of a non-compete or other restrictive covenant as an alternative to either enforcing the clause as is, or not enforcing it. Under the blue pencil doctrine as applied in Minnesota, “a district court that finds a […]
Trade Secret Dispute Between Waymo and Uber Offers Lessons
A legal blow up between two tech titans in California (Waymo, LLC, owned by Google’s parent company Alphabet on the one side, and Uber Technologies, Inc. on the other side) demonstrates the danger posed whenever an employee leaves a company with confidential files. The dispute ignited when Uber hired Anthony Levandowski, a former “star engineer” […]
Minnesota Amends Nonprofit Corporations Act
If you are among the many philanthropic Minnesotans who donated cash, property or time to your favorite charity, you likely have interacted with an entity governed by Minnesota Statutes Chapter 317A, Minnesota’s Nonprofit Corporations Act (“the Act”). The Act governs the structure, governance and other important issues surrounding nonprofits in Minnesota. Minnesota nonprofit corporations must […]
Row Over Riparian Rights in Wisconsin Reviewed by U.S. Supreme Court
An eastern Wisconsin family’s drawn-out attempt to sell their property has now made its way to the United States Supreme Court in the case Murr v. Wisconsin. The Murrs claim that St. Croix County is intruding on their private property rights under the Takings Clause of the Fifth Amendment by making it impossible for them […]
Tortious Interference – The Triangular Tort
Tortious interference has broad applications in civil disputes involving employment relationships and commercial transactions, yet it may be an unfamiliar concept to most non-lawyers and is little studied even in law school. “Tortious” is an adjective describing conduct for which an actor is subject to civil liability under the law of torts. A tort is […]
Appellate Court Clarifies Elements of Conversion, Civil Theft, Breach of Fiduciary Duty, and Misrepresentation Claims
In a recent decision by the Minnesota Court of Appeals, TCI Business Capital, Inc. v. Five Star American Die Casting, LLC, No. A16-0741 (Jan. 23, 2017), the Court analyzed the elements of several causes of action commonly asserted in civil litigation as applied to unusual facts. Brian Flynn was employed by TCI Business Capital (“TCI”) as its Chief Risk Officer. TCI entered […]
Apple Sued for Right to Publicity by Singer of 70s R&B Song Sampled by Jamie xx
Apple has been sued by Jerome Lawson, lead singer of the classic R&B a cappella group The Persuasions in California Superior Court for its use of a Jamie xx song in a 2015 iPhone 6 commercial (the “Commercial”). In his complaint filed January 24, 2017 (“Complaint”), Lawson asserts that Apple violated his right to publicity […]
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