Craig W. Trepanier
Craig W. Trepanier Craig W. Trepanier Shareholder Attorney Direct Dial: 612.455.0502 Fax: 612.455.0501 craig@trepanierlaw.com Download vCard Craig W. Trepanier is a co-founder of Trepanier MacGillis Battina P.A. and served as President of the Firm from 2003 to 2019. He represents corporations, business owners, executives and salespersons in business, commercial litigation, and employment law. He brings […]
Surprising Non-Compete Decision from Minnesota Court of Appeals Enforces “Boilerplate” Remedies Clause
Update: On June 27, 2018, the Minnesota Supreme Court overturned the decision made by the Minnesota Court of Appeals, discussed below. To read the Minnesota Supreme Court’s decision, click the following link: Minnesota Supreme Court Holds a Non-Compete Agreement Cannot Mandate an Injunction. A surprising decision from the Minnesota Court of Appeals suggests that a […]
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 […]
Appellate Court Clarifies Elements of Conversion, Civil Theft, Breach of Fiduciary Duty, and Misrepresentation Claims
In a recent decision by the Minnesota Court of Appeals, TCI Business Capital, Inc. v. Five Star American Die Casting, LLC, No. A16-0741 (Jan. 23, 2017), the Court analyzed the elements of several causes of action commonly asserted in civil litigation as applied to unusual facts. Brian Flynn was employed by TCI Business Capital (“TCI”) […]
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 […]