As a board-certified civil trial specialist, I have been fortunate enough to have been entrusted with handling my fair share of cases to conclusion at trial (both court and jury) and arbitration. This is rare nowadays. The vast majority of cases (95% plus) settle short of trial. Trials are risky and expensive. We have seen some high-profile trials recently in…
One of the most common questions I get asked is whether non-competes are enforceable in Minnesota. The answer, like most things in the law, is that it depends on the circumstances. Often times, newly hired employees are required to execute non-competes (also referred to as restrictive covenants) as a condition of commencing employment. The employer is generally focused on protecting…
For most closely-held business owners, their business constitutes all or a large part of their assets and retirement savings. These owners have been pouring blood, sweat, tears and their savings into keeping the business running. As such, ensuring that the business they worked hard to develop is either maintained in the manner the owner deems appropriate or sold to leverage…
That all depends. The type of business, tax consequences, liability protections, and goals all impact what type of entity will provide your business with the ability to meet your goals. It is important to take the time to discuss what your business will be doing, how it will be doing it, and what the goals of your business are with…
When an employment/independent contractor relationship ends, there are certain considerations on next steps for both the company and individual. We talked earlier about non-competes and the implications of the same. Another issue that often arises is what to do with the information an employee/independent contractor gains from the company. This information can constitute a “trade secret” and is provided extra…
Our clients range from international and highly successful businesses to small start-ups to individuals. We treat our clients the way we would want to be treated – that your case is the most important case pending, because it is for you. We do not advertise. Our business comes from referrals. Sometimes opposing counsel. Sometimes opposing parties. But most often, from…
Earlier, we posted about what piercing the corporate/limited liability company (“LLC”) veil means. Today, we are providing tips to take to avoid veil piercing claims against your business. Piercing the corporate veil generally becomes an issue when the entity is being sued and the plaintiff is concerned that the corporation/LLC alone will be unable to satisfy the debt or otherwise…
If you own a business, undoubtedly you have heard the phrase “piercing the corporate veil” or you may have wondered whether you could personally be held liable for the debts or obligations of the business. Piercing the veil (which also applies to limited liability companies) is the method in which a person or business could seek to hold you personally…
Working with family can be an amazing blessing. I know – I am fortunate to work with my dad and step-mom. No one has your back and your best interests in mind like family. But working with family can also add stress and strife if everyone is not on the same page. We have found that clearly defining expectations, goals,…
Going through a divorce is difficult. Going through a divorce when you are a business owner adds another liar of emotional and financial stress to the equation. So what happens in Minnesota when a business owner goes through a divorce? Under Minnesota law, martial property must be equitably (not equally) divided. Entrepreneurs who face divorce have concerns about how their…