Trepanier MacGillis Battina P.A. 8000 Flour Exchange Building 310 Fourth Avenue South Minneapolis, MN 55415 612.455.0500
Trepanier MacGillis Battina P.A. 8000 Flour Exchange Building 310 Fourth Avenue South Minneapolis, MN 55415 612.455.0500

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 […]

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 […]

Tortious Interference – The Triangular Tort

Tortious interference has broad applications in civil disputes involving employment relationships and commercial transactions, yet it may be an unfamiliar concept to most non-lawyers and is little studied even in law school. “Tortious” is an adjective describing conduct for which an actor is subject to civil liability under the law of torts. A tort is […]

Minnesota Corporate Acquisitions Trigger Interest in Change in Control Provisions

News that Arctic Cat is to be acquired by Textron, Inc. is the latest of a number of acquisitions of Minnesota-based companies, including the recently concluded purchase of St. Jude Medical by Abbott Laboratories and the still-pending acquisition of Valspar by Sherwin-Williams. The possibility that these recent transactions may create redundancies may have many Twin […]

Craig Trepanier to Discuss Non-Competes at MN SHRM State Conference

Trepanier MacGillis Battina P.A. shareholder and co-founder Craig W. Trepanier will be speaking at the 2016 MN SHRM state conference on “Effective Use of Non-Compete Agreements to Protect Your Customer Relationships.”  Craig’s presentation is scheduled for 8:00 am on Tuesday, October 11, 2016 in Bloomington, MN. MNSHRM is the state chapter of the Society for […]

Executive Contract Terms Can be Colorful

The drafting and negotiation of employment agreements for CEOs and other high-level executives involves unique and sometimes colorful terminology such “golden handcuffs,” “blue-pencil”, “red-line,” “evergreen,” “yellow dog” and even “brown M&Ms.” Understanding this terminology, and its application, can assist executives, employers, and their advocates to negotiate the best deal possible. The following is a list […]

Enforceability of Non-Solicitation of Employee Restrictions – The Grass is Not Always Greener

Employees who leave a company for greener pastures sometimes recruit their former colleagues to join them. Employment agreements designed to prevent this type of recruiting through the use of post-employment restrictions on soliciting employees are common in many states, including Minnesota. Employers typically include a non-solicitation of employee provision (also known as a “non-recruitment” of […]

Challenges Mount to DOL Fiduciary Duty Rule

The U.S. Department of Labor has proposed a new fiduciary duty rule that would require the financial services industry to comply with rigorous “transparency standards” by April 2017. As of June 27, 2016, there are at least five lawsuits challenging the rule. Three were filed in the US District Court for the Northern District of […]