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 […]
Minnesota Court of Appeals Clarifies Procedure for Mandatory Buy-Out of Minority Shareholder Interests Pursuant to a Motion
Introduction The Minnesota Court of Appeals weighed in on the closely-followed Lund family litigation involving the efforts of Respondent Kim Lund to divest herself of ownership, held through trusts, of three privately held Lund family business entities forming the Lunds & Byerlys grocery store empire in a decision issued on January 14, 2019, Kim A. […]
Frequently Asked Questions About the Minnesota Heavy and Utility Equipment Manufacturers and Dealers Act
What is the Minnesota Heavy and Utility Equipment Manufacturers and Dealers Act? The Minnesota legislature has adopted the Minnesota Heavy and Utility Equipment Manufacturers and Dealers Act, Minn. Stat. § 325E.068, et seq. (the “Act” or “MHUEMDA”), which provides special legal protections to dealers of heavy and utility equipment. Who is Covered by the Minnesota […]
Request for Injunction Denied in Minnesota Breach of Duty of Loyalty Lawsuit
Minnesota breach of duty of loyalty case
Does Your Minnesota Business Need a Fleet Policy?
Whether you run an interstate trucking company, a plumbing company, a pizza delivery company, or a single food truck, if your business owns any motor vehicles operated by employees, your business is at risk of liability in the event of an accident. A well-drafted fleet policy, sometimes called a vehicle maintenance and safe driving policy, […]
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 […]
Minnesota Equipment Dealer Statute Claims Dismissed by Federal Court
A recent decision by a U.S. District Court judge to dismiss claims asserted under Minnesota’s “Equipment Statutes” provides a detailed look at the application of these laws. Minnesota has two statutes that apply to dealers of heavy equipment in contract disputes with manufacturers – the Minnesota Heavy and Utility Equipment Manufacturers and Dealers Act, Minn. […]
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 […]
NLRB Announces New Joint-Employer Standard
On September 14, 2018, the National Labor Relations Board (“NLRB”) announced its newly rewritten joint-employer standard. The newly proposed language would help to clarify and narrow the current definition of joint-employer, much to the relief of employers. The reversal of the 2015 joint-employer rule and the decision to rewrite the standard comes after President Trump’s […]