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, […]
U.S. Department of Labor Announces New Test for Unpaid Internships
On January 5, 2018, the U.S. Department of Labor (“U.S. DOL”) announced it is adopting a new, more flexible, seven-factor test for determining when interns are employees under the Fair Labor Standards Act (“FLSA”) and therefore subject to minimum wage and overtime pay requirements. You can read the announcement here. By doing so, the U.S. […]
Minnesota Operating Agreements: Previously Important, Now Essential for Minnesota LLCs
Under the Minnesota Revised Uniform Limited Liability Company Act (“Minnesota Revised LLC Act”), which applies to all Minnesota limited liability companies as of January 1, 2018, it is recommended that a Minnesota limited liability company enact an operating agreement. Under the Minnesota Revised LLC Act, failure to implement an operating agreement can have significant negative […]
Minnesota and Minneapolis Minimum Wages Set to Increase
On January 1, 2018, Minnesota’s minimum wage will increase. The increase is state-wide and affects all employees who are notexempted from the state’s minimum wage law. Some employers in Minneapolis will face a separate increase related to a recent city ordinance that also goes into effect January 1, 2018. Minnesota Minimum Wage Following January 1, […]
Municipal Non-Compete Ordinances – Could it Happen in Minnesota?
Two employment law topics I follow closely, non-competes and city rule-making in the area of employment law, intersected this summer when it was announced that New York City is considering a local law restricting non-compete agreements. In recent years, there has been a proliferation of city rule-making in the area of employment law, as well […]