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 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, […]
TMB Shareholder to Present at CLE on Compliance With Local Employment Law Ordinances in 2018
On January 18, 2018, TMB Shareholder V. John Ella will co-present with Daniel G. Prokott from the Faegre Baker Daniels law firm on the topic of “Compliance with Local Employment Law Ordinances in 2018: Paid Sick Leave and More.” The presentation is hosted by the Corporate Counsel section of the Hennepin County Bar Association. The […]
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 […]
8th Circuit Ruling on Iowa Non-Competes Raises Interesting Implications
The Eighth Circuit Court of Appeals recently weighed in on Iowa law regarding non-competes, and its holding has interesting implications for attorneys in Iowa, and in other states like Minnesota. In Ag Spectrum Co. v. Elder, 865 F.3d 1088 (8th Cir. 2017), the Court held that enforceability and reasonableness of a non-compete provision is a […]
An Employee’s Duty of Loyalty Under Minnesota Law
Every employee owes his or her employer a duty of loyalty, even in the absence of a non-compete agreement or other restrictive covenant. But what constitutes a breach of the common law duty of loyalty can be a murky question and depends on the facts. As the Minnesota Court of Appeals noted in Rehabilitation Specialists, Inc. […]
Ella Re-Appointed to Board of Legal Certification
The Minnesota Supreme Court, by Order dated October 19, 2017, has re-appointed V. John Ella for a three-year term on the Minnesota Board of Legal Certification commencing on January 1, 2018.
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