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, […]
Minnesota Operating Agreements: Previously Important, Now Essential for Minnesota LLCs
Under the Minnesota Revised Uniform Limited Liability Company Act (“Minnesota Revised LLC Act”), which applies to all Minnesota limited liability companies as of January 1, 2018, it is recommended that a Minnesota limited liability company enact an operating agreement. Under the Minnesota Revised LLC Act, failure to implement an operating agreement can have significant negative […]
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.
Ella Quoted by Twin Cities Business Regarding Opioid Abuse Epidemic and Employer Drug Testing
TMB shareholder V. John Ella was quoted in a September 25, 2017 article by Burl Gilyard in Twin Cities Business magazine entitled, “The Workforce’s Hidden Addicts.” Gilyard’s piece describes the challenges that the current national opioid abuse epidemic is creating for Minnesota employers. Ella was quoted as saying he had seen an “uptick” in questions about addiction to […]
Trepanier And Ella Author Piece For State Bar Publication On Minnesota Drug Testing Law; Team Up To Speak On Same Topic
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 […]
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