Minnesota Supreme Court Weighs In On Whistleblower Act
On August 9, 2017, the Minnesota Supreme Court ruled that the 2013 amendments to the Minnesota Whistleblower Act (“MWA”) were specifically intended by the Minnesota legislature to counter previous court decisions that had limited the scope of the MWA. Friedlander v. Edwards Lifesciences, LLC, No. A16-1916 (August 9, 2017). The legislature added a definition of […]
Surprising Non-Compete Decision from Minnesota Court of Appeals Enforces “Boilerplate” Remedies Clause
Update: On June 27, 2018, the Minnesota Supreme Court overturned the decision made by the Minnesota Court of Appeals, discussed below. To read the Minnesota Supreme Court’s decision, click the following link: Minnesota Supreme Court Holds a Non-Compete Agreement Cannot Mandate an Injunction. A surprising decision from the Minnesota Court of Appeals suggests that a […]
Four TMB Attorneys Named as Super Lawyers or as Rising Star
Four Trepanier MacGillis Battina attorneys have been selected for inclusion in the 2017 Minnesota Super Lawyers® magazine. TMB shareholder James C. MacGillis has been named as a Super Lawyer in the area of Business/Corporate Law. TMB shareholders Craig W. Trepanier and V. John Ella have been named Super Lawyers in the areas of Employment & […]
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 […]
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 […]
Nick Sperling Joins Trepanier MacGillis Battina P.A. as Associate Attorney
Trepanier MacGillis Battina P.A. is excited to announce it has added Nicholas N. Sperling as an associate attorney. Nick is a 2010 graduate of the Mitchell Hamline School of Law and received his B.A.S. from University of Minnesota-Duluth. He joins the firm experienced in the areas of business law, corporate transactions, employment law, information technology […]
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 […]