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” […]
Minnesota Amends Nonprofit Corporations Act
If you are among the many philanthropic Minnesotans who donated cash, property or time to your favorite charity, you likely have interacted with an entity governed by Minnesota Statutes Chapter 317A, Minnesota’s Nonprofit Corporations Act (“the Act”). The Act governs the structure, governance and other important issues surrounding nonprofits in Minnesota. Minnesota nonprofit corporations must […]
Ella to Present at Upper Midwest Employment Law Institute
TMB Shareholder V. John Ella will present a break-out session at the 2017 Upper Midwest Employment Law Institute in St. Paul, Minnesota, which is one of the largest employment law conferences in the country. Mr. Ella’s seminar is entitled, “Drug and Alcohol Testing – 12 Traps for Employers” and will take place at 10:15 am […]
Nick Sperling Joins Trepanier MacGillis Battina P.A. as Associate Attorney
Trepanier MacGillis Battina P.A. is excited to announce it has added Nicholas N. Sperling as an associate attorney. Nick is a 2010 graduate of the Mitchell Hamline School of Law and received his B.A.S. from University of Minnesota-Duluth. He joins the firm experienced in the areas of business law, corporate transactions, employment law, information technology and […]
V. John Ella Recertified as Labor and Employment Law Specialist
The Minnesota State Bar Association has announced the recertification of V. John Ella of Trepanier MacGillis Battina P.A. as an MSBA Board Certified Labor and Employment Law Specialist for a six-year term. This Certification program is administered by the MSBA and approved by the State Board of Legal Certification. The certified specialist designation is earned […]
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