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”) […]
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 […]
Minnesota Corporate Acquisitions Trigger Interest in Change in Control Provisions

News that Arctic Cat is to be acquired by Textron, Inc. is the latest of a number of acquisitions of Minnesota-based companies, including the recently concluded purchase of St. Jude Medical by Abbott Laboratories and the still-pending acquisition of Valspar by Sherwin-Williams. The possibility that these recent transactions may create redundancies may have many Twin […]
Financial Execs Should Consider their U5 in Severance Negotiations

A public radio piece last October about fallout from the Wells Fargo scandal involving unauthorized bank accounts is a telling lesson for any executive in the securities or banking industry. In “Workers Say Wells Fargo Unfairly Scarred Their Careers,” National Public Radio told the story of Jeremy who worked in a Wells Fargo branch in […]
Nurse Staffing Companies in Minnesota Must Avoid Restrictions on Direct Hire

Most staffing companies and temp agencies in Minnesota and around the country require customers to pay a penalty or fee if they hire the placed employee directly. This is a standard practice in the industry and a provision to the effect should be included in staffing company contracts with their customers. Supplemental nursing services agencies […]
USCIS Issues New I-9 Form

All U.S. employers are required to verify the identity and employment authorization of new employees with an Employment Eligibility Verification Form I-9 (“I-9”) established by the United States Citizenship and Immigration Services (“USCIS”). On November 14, 2016, the USCIS issued a new version of the I- 9. The previous version (issued on March 8, 2013) […]
Must a Whistleblower Act with the Purpose of “Exposing an Illegality?”

In a recent District of Minnesota case, Friedlander v. Edwards Lifesciences, LLC, et al., the Federal District Court certified the following question to the Minnesota Supreme Court: “Did the 2013 amendment to the Minnesota Whistleblower Act defining the term ‘good faith’ to mean ‘conduct that does not violate section 181.932, subdivision 3’ eliminate the judicially […]
EEOC Issues Publication Regarding Workplace Rights of Job Applicants and Employees with Mental Health Conditions

On December 12, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a publication titled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights“, as a resource to explain workplace rights under the Americans with Disabilities Act of 1990 (“ADA”) for job applicants and employees with mental health conditions. The publication […]
Progress Achieved Through Minnesota’s WESA Grant Implementation

Introduction In May 2014, Minnesota passed the Women’s Economic Security Act (“WESA”), a law intended to strengthen workplace protections for pregnant and nursing women, expand employment opportunities for high-wage and high-demand jobs, and reduce the gender pay gap through the increased enforcement of equal pay laws. WESA also includes the implementation of grant programs to: […]
NHL’s Vegas Golden Knights Receive Non-Final Office Action for Trademark Application

The United States Patent and Trademark Office (“USPTO”) issued an Office Action with regard to the trademark application of the NHL’s newest franchise, the Vegas Golden Knights. In its 164-page non-final office action (“Office Action”), the USPTO set forth the reasons for preliminarily denying the application for registering the proposed mark, “Vegas Golden Knights” (“Applied-For […]