TMB Shareholders Craig W. Trepanier and V. John Ella have written an article for the September 2017 issue of Bench and Bar, the monthly magazine published by the Minnesota State Bar Association. The article is entitled Three Decades of DATWA and discusses recent developments and case law regarding Minnesota’s statute governing employer testing of applicants and employees […]
Understanding A Lawsuit In Minnesota
At some point you or someone you know may become a party to a lawsuit. Lawsuits typically follow a common path. Although the rules and procedures that apply to each case may differ slightly depending on the type of case and jurisdiction, the most common and basic structure of a lawsuit involves initial pleadings, discovery, […]
New Minnesota LLC Act Becomes Mandatory On January 1, 2018
If you are a member (owner) of a Minnesota limited liability company (LLC), then you need to decide in the next few months whether it is necessary, or simply prudent, to adopt revised governance documents in light of changes in Minnesota law governing LLCs. This article provides a framework for evaluating whether a modification of […]
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
A surprising decision from the Minnesota Court of Appeals suggests that a provision in a non-compete agreement stating that in the event of a breach the employer “shall be entitled to an injunction” may be enforceable as a term of the contract, even though equitable relief is commonly understood to be an extraordinary remedy issued […]
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 & Labor […]
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 […]
Minnesota Amends its Medical Practice Act
[A version of this article originally appeared on page 3 of the June 12, 2017 edition of Minnesota Lawyer] On May 17, 2017, Governor Mark Dayton signed a law amending the Minnesota Medical Practice Act (“MMPA”) which governs licensure of physicians in the state. Although the changes are considered “housekeeping”, they should be of interest to […]
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” […]
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