Attorney James C. MacGillis Articles

“Minnesota Supreme Court Finds that “Predominant Purpose” Test Applies to Determine Whether Contract for Both Goods and Intangible Assets is Subject to the Uniform Commercial Code,” Trepanier MacGillis Battina Website (April 4, 2022)
“Minnesota Court of Appeals Upholds Double Damages on Wage Claim and Piercing of Corporate Veil,” Trepanier MacGillis Battina Website (October 5, 2020)
“MN Supreme Court Affirms Minneapolis Sick Leave Ordinance,” Trepanier MacGillis Battina Website (June 20, 2020)
“How to Prepare to Sell Commercial Real Estate in Minnesota,” Trepanier MacGillis Battina Website (March 7, 2020)
“Court Addresses Shareholder’s Claim that He Had an Expectation of Lifetime Employment in a Minnesota Company,” Trepanier MacGillis Battina Website (March 17, 2019)
“Minnesota Operating Agreements: Previously Important, Now Essential for Minnesota LLCs,” Trepanier MacGillis Battina Website (January 1, 2018)
New Minnesota LLC Act Becomes Mandatory On January 1, 2018,” Trepanier MacGillis Battina Website (August 22, 2017)
“Minnesota Court of Appeals Holds Attorney Personally Liable for Law Firm Judgment,” Trepanier MacGillis Battina Website (August 17, 2015)
“Tips for Preventing, Deterring, and Identifying Employee Fraud,” Trepanier MacGillis Battina Website (June 1, 2015)
“Unjust Enrichment Claim Not a Viable Alternative to Piercing Corporate Veil,” Trepanier MacGillis Battina Website (January 12, 2015)
“Breaking the Bank for a Minority Shareholder Buyout,” Trepanier MacGillis Battina Website (January 12, 2015)
“The Trouble with Equality: 50-50 ‘Partnerships’ and the Dangers of Impasse,” Trepanier MacGillis Battina Website (September 1, 2014)
“Stock Transfer to Spouse to Dilute Stock Levied Against by Creditors Violated Minnesota Uniform Fraudulent Transfer Act,” Trepanier MacGillis Battina Website (August 28, 2014)
“Annual Business Renewals Will Prevent Administrative Dissolution by Secretary of State,” Trepanier MacGillis Battina Website (August 1, 2014)
“How to Avoid Exposure to the 3.8% Passive Investor Tax,” Trepanier MacGillis Battina Website (June 1, 2014)
“Governor Dayton Approves Minnesota Adoption of Revised Uniform Limited Liability Company Act,” Trepanier MacGillis Battina Website (May 6, 2014)
“Even in Egregious Cases, ‘Piercing the Corporate Veil’ Difficult at Summary Judgment Stage,” Trepanier MacGillis Battina Website (February 18, 2014)
“Minnesota Non-Compete Agreement Declared Unenforceable and Ineligible for ‘Blue Pencil’,” Trepanier MacGillis Battina Website (January 14, 2014)
“Court Holds That Directors Owe Fiduciary Duties to Creditors of Insolvent Corporation,” Trepanier MacGillis Battina Website (December 9, 2013)
“New Notice Requirements for Employers Under the ACA,” Trepanier MacGillis Battina Website (Oct. 1, 2013)
“U.S. Supreme Court Decision Narrows Definition of Supervisor,” Trepanier & MacGillis Website (July 11, 2013)
“It’s Time to Update Your Corporate Minute Book,” Trepanier & MacGillis Website (January 1, 2013)
“Life is a Circular Thing: Eighth Circuit BAP Finds Creditors’ New Value Contributed By Other Creditors,” Trepanier & MacGillis Website (November 14, 2012)
“Strategies to Reduce Collection Problems,” Trepanier & MacGillis Website (August 1, 2012)
“Considerations for Incorporating Your Entity in Delaware vs. Minnesota,” Trepanier & MacGillis Website (August 1, 2012)
“Eighth Circuit Limits Definition of ‘Fiduciary’ in Creditor’s Effort to Declare Debt Nondischargeable,” Trepanier MacGillis Battina Website (July 30, 2012)
“Choice of Business Form for a Professional Firm,” Trepanier MacGillis Battina Website (June 1, 2012)
“Employers Free to Disclaim Future Changes to Handbook Provisions,” Trepanier MacGillis Battina Website (May 9, 2012)
“8th Circuit Rejects S Corporation Owner’s Characterization of Reasonable Compensation,” Trepanier MacGillis Battina Website (May 1, 2012)
“Important Steps Every Employer Should Follow When Hiring a New Employee,” Trepanier MacGillis Battina Website (April 2, 2012)
“Non-Compete Agreements: Can They Be Assigned Under Minnesota Law?” The Hennepin Lawyer (August 2009)
“Hip, Hip, HIPAA! Are You in Compliance?,” Minnesota Transport Services Association Newsletter (March 2003)
“Agreements to Agree: Are they Enforceable?” Trepanier MacGillis Battina Website (January 9, 2003)
“Settling for an Unsecured Judgment May Be Unsettling,” Trepanier MacGillis Battina Website (September 3, 2002)
“Switching Gears: Trading in the View from the Office,” Bench & Bar of Minnesota (March 2002)
“ADA Claim Not Barred by SSDI Disability Claim,” Hinshaw & Culbertson Labor & Employment Update (June 1999)
“Supreme Court Clarifies ADA Definition of Disability,” Hinshaw & Culbertson Labor & Employment Update (August 1999)
“The Dilemma of Disparity: Applying the Federal Sentencing Guidelines to Sentence Departures Based on HIV Infection,” Minnesota Law Review (v. 81, 1996)

“Minnesota Doctrine of Expectation of Continued Employment by Minority Owners of LLCs Eroded by Court of Appeals,” Trepanier MacGillis Battina Website (March 17, 2019)
“Minnesota Operating Agreements: Previously Important, Now Essential for Minnesota LLCs,” Trepanier MacGillis Battina Website (January 1, 2018)
“Minnesota Court of Appeals Holds Attorney Personally Liable for Law Firm Judgment,” Trepanier MacGillis Battina Website (August 17, 2015)
“Tips for Preventing, Deterring, and Identifying Employee Fraud,” Trepanier MacGillis Battina Website (June 1, 2015)
“Unjust Enrichment Claim Not a Viable Alternative to Piercing Corporate Veil,” Trepanier MacGillis Battina Website (January 12, 2015)
“Breaking the Bank for a Minority Shareholder Buyout,” Trepanier MacGillis Battina Website (January 12, 2015)
“The Trouble with Equality: 50-50 ‘Partnerships’ and the Dangers of Impasse,” Trepanier MacGillis Battina Website (September 1, 2014)
“Stock Transfer to Spouse to Dilute Stock Levied Against by Creditors Violated Minnesota Uniform Fraudulent Transfer Act,” Trepanier MacGillis Battina Website (August 28, 2014)
“Annual Business Renewals Will Prevent Administrative Dissolution by Secretary of State,” Trepanier MacGillis Battina Website (August 1, 2014)
“How to Avoid Exposure to the 3.8% Passive Investor Tax,” Trepanier MacGillis Battina Website (June 1, 2014)
“Governor Dayton Approves Minnesota Adoption of Revised Uniform Limited Liability Company Act,” Trepanier MacGillis Battina Website (May 6, 2014)
“Even in Egregious Cases, ‘Piercing the Corporate Veil’ Difficult at Summary Judgment Stage,” Trepanier MacGillis Battina Website (February 18, 2014)
“Minnesota Non-Compete Agreement Declared Unenforceable and Ineligible for ‘Blue Pencil’,” Trepanier MacGillis Battina Website (January 14, 2014)
“Court Holds That Directors Owe Fiduciary Duties to Creditors of Insolvent Corporation,” Trepanier MacGillis Battina Website (December 9, 2013)
“New Notice Requirements for Employers Under the ACA,” Trepanier MacGillis Battina Website (Oct. 1, 2013)
“U.S. Supreme Court Decision Narrows Definition of Supervisor,” Trepanier & MacGillis Website (July 11, 2013)
“It’s Time to Update Your Corporate Minute Book,” Trepanier & MacGillis Website (January 1, 2013)
“Life is a Circular Thing: Eighth Circuit BAP Finds Creditors’ New Value Contributed By Other Creditors,” Trepanier & MacGillis Website (November 14, 2012)
“Considerations for Incorporating Your Entity in Delaware vs. Minnesota,” Trepanier & MacGillis Website (August 1, 2012)
“Eighth Circuit Limits Definition of ‘Fiduciary’ in Creditor’s Effort to Declare Debt Nondischargeable,” Trepanier MacGillis Battina Website (July 30, 2012)
“Employers Free to Disclaim Future Changes to Handbook Provisions,” Trepanier MacGillis Battina Website (May 9, 2012)
“8th Circuit Rejects S Corporation Owner’s Characterization of Reasonable Compensation,” Trepanier MacGillis Battina Website (May 1, 2012)
“Non – Compete Agreements: Can They Be Assigned Under Minnesota Law?” The Hennepin Lawyer (August 2009)
“Hip, Hip, HIPAA! Are You in Compliance?,” Minnesota Transport Services Association Newsletter (March 2003)
“Agreements to Agree: Are they Enforceable?” Trepanier MacGillis Battina Website (January 9, 2003)
“Settling for an Unsecured Judgment May Be Unsettling,” Trepanier MacGillis Battina Website (September 3, 2002)
“Switching Gears: Trading in the View from the Office,” Bench & Bar of Minnesota (March 2002)
“ADA Claim Not Barred by SSDI Disability Claim,” Hinshaw & Culbertson Labor & Employment Update (June 1999)
“Supreme Court Clarifies ADA Definition of Disability,” Hinshaw & Culbertson Labor & Employment Update (August 1999)
“The Dilemma of Disparity: Applying the Federal Sentencing Guidelines to Sentence Departures Based on HIV Infection,” Minnesota Law Review (v. 81, 1996)