Minnesota Non-Compete Law – 2021 Year in Review
Introduction Once again, we review Minnesota caselaw and other legal developments regarding non-competes and employment agreements from the previous year (January 2021 through March of 2022). 2021 proved to be another tough year for plaintiffs (employers) seeking to enforce non-competes through injunctions, especially in federal court. In two cases, however, one from state court and […]
Minnesota Sales Rep Statute Amended (Again)
Minnesota has amended the Minnesota Termination of Sales Representatives Act (“MTSRA”), again. The Change Minnesota Statutes Section 325E.37, subdivision 7, has been amended to read as follows: Subd. 7. Prohibition of inclusion of certain unfair contract terms in sales representative agreement. (a) No manufacturer, wholesaler, assembler, or importer shall circumvent compliance with this section by […]
Nicholas N. Sperling Elected as Shareholder
Trepanier MacGillis Battina P.A. is pleased to announce that Nicholas N. Sperling has been elected a shareholder of the firm effective May 1, 2022. Nick has been with the firm since 2017. He represents corporate and individual clients in all aspects of business law, employment law, commercial and real estate litigation, privacy law and information […]
Immunity from Liability for Unpaid Directors, Officers, and Volunteers of Minnesota Non-Profit Organizations
The law governing non-profit corporations in Minnesota is found in Minnesota Statutes Chapter 317A. Under Chapter 317A, directors, officers and other volunteers who provide services without compensation are immune from liability for good faith actions taken on behalf of the non-profit. The Statute Section 317A.257, Subdivision 1 of Minnesota Statutes states as follows: 317A.257 UNPAID […]
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
In Vermillion State Bank v. Tennis Sanitation, LLC, 969 N.W.2d 610 (Minn. 2022), the Minnesota Supreme Court was presented with the question of whether the Uniform Commercial Code (“UCC”) applies to an alleged contract for the sale of both goods and intangible assets. The question matters because a contract for the sale of goods must […]
Can a Nurse Administer Botox Injections without a Prescription in Minnesota?
Clinics and medi-spas in Minnesota often ask whether Botox requires an individualized prescription by a physician or if it is an “over-the-counter” product. The answer is neither. Botox may be administered with a patient-specific prescription or, more commonly, via a “prescription by protocol.” Minnesota statutes section 148.235, subdivisions 8 (Prescription by protocol) and 9 (Vaccine […]
Legal Requirements for Seasonal Employers in Minnesota
Many companies hire more “seasonal” employees in the summer than the winter, or vice versa. These include summer camps, ski hills, landscaping companies, and snow-plowing services among many others. Often the workers return every season and work a different job in the off-season. Questions arise as to whether an employer needs to terminate the workers […]
New Law Bans Mandatory Arbitration of Sexual Harassment Claims for Minnesota Employers
President Biden signed the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” (The “Act”) on March 3, 2022. The Act amends the Federal Arbitration Act (“FAA”) by prohibiting mandatory arbitration of sexual assault or sexual harassment claims. The law applies to arbitration agreements anywhere in the country, including Minnesota. The Act […]
Jeff Oberman Joins Trepanier MacGillis Battina P.A. as Of Counsel
TMB is pleased to announce that Minnesota employment law attorney Jeffrey B. Oberman has joined the firm as Of Counsel effective January 1, 2022. Jeff Oberman is one of Minnesota’s most experienced non-compete, executive, and employment lawyers, with over 45 years of counseling and litigation experience. For most of his career, Jeff has represented executives, […]
Reprimand by Minnesota Board of Medical Practice Affirmed on Appeal
The Minnesota Court of Appeals (“Court”) affirmed an order by Minnesota Board of Medical Practice (“Board”) reprimanding a physician for not cooperating with the Board in a decision issued on December 20, 2021. In the Matter of the Medical License of Michael D. Castro, D.O. No. A21-0232 (Minn. Ct. App. 2021). The decision shows the […]