December 30, 2019 by V. John Ella

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, […]

December 15, 2019 by Anna M. Koch

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 […]

November 26, 2019 by V. John Ella

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 […]

October 13, 2019 by Bryan R. Battina

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 […]

September 29, 2019 by Trepanier MacGillis Battina P.A.

In McGuire v. Bowlin, — N.W.2d — (Minn. 2019), the Minnesota Supreme Court decided that Nathan C. McGuire, a former head coach of the girl’s basketball program at Woodbury High School, was not a “public figure” for purposes of determining the standard for a defamation claim he asserted against certain parents of players on the […]

September 18, 2019 by Nathan R. Snyder

North Dakota amended its law regarding non-competes, N.D. Cent. Code § 9-08-06, on August 1, 2019.  North Dakota generally prohibits noncompete agreements if they restrain anyone from participating in a lawful profession, trade, or business of any kind. North Dakota’s prohibition contains exceptions, however, in situations regarding the sale of a business or dissolution of […]