(Note: this content was originally prepared for the Minnesota State Bar Association’s Labor & Employment Law E-Newsletter, Vol. 32) Introduction Several notable decisions in Minnesota state and federal courts regarding restrictive covenants and employment agreements were issued in 2019 and the overall trend continues to be increasing difficulty for plaintiffs to obtain injunctive relief or […]
The Minnesota Corporate Practice of Medicine Doctrine
Can a non-physician own all or part of a for-profit company that employs doctors to provide medical care in Minnesota? Pursuant to Minnesota’s corporate practice of medicine doctrine (“CPMD”) the answer is “no.” This legal doctrine is not found in a statute, regulation or rule. It comes from the common law of decisions by Minnesota […]
Minnesota Supreme Court Appoints V. John Ella as Chair of the Board of Legal Certification
TMB shareholder V. John Ella was appointed as Chair of the Minnesota Board of Legal Certification by Chief Justice Lorie S. Gildea of the Minnesota Supreme Court on January 6, 2020. Mr. Ella has served on the board for the past three years. The Minnesota State Board of Legal Certification oversees the process by which […]
Recent Changes to Federal Tobacco Laws and Regulations
The Federal Age Limit to Purchase Tobacco Products, Cigarettes Increased to 21: Effective Immediately On December 20, 2019, President Donald J. Trump signed an amendment to the Federal Food, Drug, and Cosmetic Act (FD&C Act), Public Law 116-94, which raises the minimum age for the sale of tobacco products from 18 to 21. The new […]
Corporate Officer may be Personally Liable for Defamation According to Minnesota Supreme Court
The Minnesota Supreme Court has held that a corporate officer may be personally liable for a defamatory statement made by the corporation where he allegedly “participated” in the publication of the statement. DeRosa v. McKenzie, 936 N.W.2d 342 (Minn. 2019). The plaintiff, William DeRosa, was appointed to the board of directors of Dakota Plains Holdings, […]
Back-Dated Non-Compete Ancillary to New Employment Does Not Require Independent Consideration
The Minnesota Court of Appeals, in Wells Fargo Insurance Services USA Inc. v. Galioto, A19-0175, 2019 WL 4409414 (Minn. Ct. App. Sept. 16, 2019), determined that a restrictive covenant ancillary to the defendant-employee’s offer of new employment did not require independent consideration, despite being retroactively dated. The Court of Appeals reversed the district court’s grant […]
How to Resolve a Non-Compete Dispute in Minnesota
The increasing use of non-compete agreements is choking the hiring process for many companies. But employers recruiting an otherwise perfect job candidate who is subject to a non-compete should not panic. Nor should the employer simply ignore the non-compete. Employers need to work calmly through the situation. Anecdotal evidence suggests that roughly nine out of […]
Craig W. Trepanier Quoted in Pioneer Press on Non-Compete Reform
TMB founder and non-compete attorney Craig W. Trepanier was quoted in the St. Paul Pioneer Press regarding the growing interest in reforming non-compete laws across the country. Specifically, he was asked about a letter signed by Minnesota Attorney General Keith Ellison urging the Federal Trade Commission (FTC) to take regulatory action on the use of […]
Minnesota Public Radio Interviews V. John Ella Re: Cosmetology Lawsuit
TMB attorney V. John Ella was interviewed by Minnesota Public Radio on November 13, 2019 regarding his involvement in a constitutional challenge filed against the Minnesota Board of Cosmetology. Mr. Ella’s clients seek to be able to provide hair and makeup services for weddings, proms and other special events without onerous state licensure requirements. The […]
Minnesota Arbitration Law – Recent Decisions Clarify Role of District Court
Arbitration is intended to avoid traditional courtroom experiences. At times, however, courts become involved if parties must be compelled into the arbitration process. At other times, courts become involved to confirm an arbitration award after the arbitration process has concluded. A pair of recent decisions from U.S. District Court of Minnesota help to clarify the […]
- 1
- 2
- 3
- …
- 34
- Next Page »