Articles

University of Texas Southwestern Medical Center v. Nassar  Issue Retaliation in employment claims are at a pivotal juncture.  For the first time, the Supreme Court will establish the necessary basis required for an employee to bring a retaliation claim against an employer.  A finding for the employee means that the door is open to allege [...]

Today a Minnesota LLC owner asked about the requirements of filing with the Minnesota Secretary of State after electing a new board of governors: When we formed our Minnesota LLC, we named each person who was part of the original board of governors on our LLC’s Articles of Organization. However, now we want to change [...]

Many are overwhelmed by options when faced with estate planning.  “Should I create a trust?”  “Do I need to try to avoid probate?”  “What are the tax consequences?”  Individuals are left with the feeling that there is no place to start.  When that situation occurs, some simply never start planning. Deciding What Type of Will [...]

When you buy a franchise, you often can sell goods and services that have instant name recognition, and get training and support that can help you succeed. But purchasing a franchise is like every other investment: there’s no guarantee of success. The Federal Trade Commission, the nation’s consumer protection agency, has prepared this booklet to [...]

Are you trying to figure out if a person working for you is an “independent contractor” vs. “employee” under Minnesota law? This brief article explains the basic test to use and provides additional resources. The Benefits of Calling All Workers “Independent Contractors” Obviously, Minnesota employers would like to categorize everyone as independent contractors so employers [...]

The Minnesota Antitrust Act prohibits companies from conspiring together to unreasonably restrain their competitors or unreasonably restrain the availability of products in order to benefit themselves financially. What does this mean? Here are a few specifics. Minnesota Antitrust Act Definitions Before we get into what the Minnesota Antitrust Act covers, here are a few important definitions. [...]

Copyrights protect creative works. A copyright gives the owner of the copyright exclusive rights to reproduce, distribute, perform, or display the copyrighted work. A copyright also gives the owner of the copyright the exclusive rights to create a derivative work. A derivative work is a work that is based on the copyrighted work. What Type [...]

All businesses engage in some type of marketing. Marketing often comes in the form of advertising: in newspapers, on television, on a website, on the side of a bus or billboard, etc. However, sometimes the marketing is as simple as placing the businesses name or logo on the goods they are selling. Purchasing decisions are [...]

This article is part two of a series on the fiduciary duties that Minnesota business owners owe to each other and their business: Minnesota Business Owners Owe Fiduciary Duties Breach of Fiduciary Duties in Minnesota Dealing with a Breach of Fiduciary Duties Breach of Fiduciary Duties in Minnesota Unfortunately, many business owners in Minnesota and [...]

This article is part three of a series on the fiduciary duties that Minnesota business owners owe to each other and their business: Minnesota Business Owners Owe Fiduciary Duties Breach of Fiduciary Duties in Minnesota Dealing with a Breach of Fiduciary Duties Dealing with a Breach of Fiduciary Duties One of the most challenging and [...]

When forming a business with multiple owners, there are a number of issues that the business should address in the very beginning. The decisions regarding these issues should then be integrated into the company’s bylaws, member control agreement, ownership agreement, partnership agreement, operating agreement, buy-sell agreement, or a similar contract among the owners. Decisions for [...]

I have been asked what documents I draft when forming a business for multiple owners. This article applies to Minnesota, but most states have similar documents, which sometimes may have different names. Minnesota Partnerships I rarely draft partnership agreements or other partnership documents because most business owners want limited liability, which is available in a [...]

Many Minnesota small businesses choose to form an S Corp because of its pass-thru taxation benefits, payroll tax benefits, and reliability as a traditional business entity. An LLC can also be taxed as an S Corp and reap the S Corp taxation benefits. If you need to form a Minnesota S Corp or have legal issues [...]

An IRS tax audit generally produces anxiety and significant work. As a tax attorney in Minnesota, Aaron Hall is experienced in helping business and individual clients through the audit process, negotiating with the IRS, and helping clients ensure compliance with tax statutes and regulations. Small Business IRS Audit Small businesses are often the target of [...]

I was recently asked by someone who was about to start a Minnesota small business what help a business attorney could be to a small business owner. The legal services I provide as a Minnesota small business attorney generally fall into four categories: 1. New Business Formation New businesses often form an LLC (sometimes an [...]

Employment Law Small business owners have to wear many hats – accountants, marketing, and human resources to name a few. With the variety of employment law claims out there, it is important for small business owners to be aware of potential pitfalls with employment law issues. Here are a few things to consider in handling [...]

COBRA Continuation of Group Health and Life Insurance Coverage, or COBRA, is a federal law that requires employers to continue health insurance coverage for terminated employees under certain circumstances. The employer must have provided group health insurance coverage to employees and have over twenty employees before the law applies. If you are terminated or laid [...]

Minnesota Dog Bite Laws There have been several publicized dog bite incidents in Minnesota in recent years. While dogs are generally harmless companions, a dog can cause severe injuries if it attacks. Dog bite victims may spend weeks in the hospital after a serious attack. Dog owners are responsible for the actions of their pets, [...]

Time Is Money by Tax Credit Most people have heard of overtime laws – if you work more than 40 hours in one work week, you are entitled to pay of one-and-a-half times your regular rate for all hours exceeding 40.   The law includes exemptions for several professionals or highly paid people.   The Fair Labor [...]

Often times people are afraid to seek legal advice because they are not sure if they can afford a lawyer.  For people who have suffered employment discrimination or who have been wrongfully terminated, the fear of additional expense is a very real concern.  Law firms offer several fee structures to help people get a lawyer [...]