- ALERT: Don’t be Fooled by Bogus Operators Claiming You Need to Take Action on Your Trademarks or PatentsApril 25, 2017
- ALERT: Supreme Court Decides That Payments Under Structured Dismissals Of Bankruptcy Cases Cannot Deviate From Ordinary Priority Rules Without Consent From All Affected CreditorsApril 7, 2017
- November 18, 2016
- November 17, 2016
- November 1, 2016
- Attorneys Phil Schenkenberg and Lauren Lonergan author "Cyber Insurance Coverage Disputes: Not What Your Company Expected"July 14, 2016
- May 3, 2016
- May 2, 2016
- Spring 2016
- February 23, 2016
- Winter 2016
- January 2016
- January 7, 2016
- Fall 2015
- October 28, 2015
- September 1, 2015
- Summer 2015
- July 22, 2015
- June 22, 2015
- June 18, 2015
- Alert: Supreme Court Finally Decides Whether Consent to Bankruptcy Court's Final Adjudication of "Stern Claims" Is ConstitutionalJune 11, 2015
- May 29, 2015
- Attorney Phil Schekenberg Authors "4 Tips for Involving Legal Counsel in Cyber Security Investigations"May 13, 2015
- Attorney Andrew Carlson Authors "Deadline for Appeal of a Tax Court Decision to the Minnesota Supreme Court: Unnecessary Uncertainty"Spring 2015
- Spring 2015
- Briggs Attorneys Michael Miller and Michael Wilhelm Authored Survey on Employee Privacy Laws in MinnesotaApril 2015
- March 2015
- February 19, 2015
- Winter 2015
- January 23, 2015
- November 20, 2014
- October 29, 2014
- Fall 2014
- August 15, 2014
- August 1, 2014
- Summer 2014
- July 9, 2014
- June 12, 2014
Executive Benefits Insurance Agency v. Arkison, Chapter 7 Trustee of Estate of Bellingham Insurance Agency, Inc. – Supreme Court clarifies how bankruptcy courts should proceed when they encounter a claim upon which they are constitutionally prohibited from entering final judgment under Stern v. Marshall.
- May 20, 2014
- May 2, 2014
- April 18, 2014
- March 27, 2014
- Spring 2014
- March 7, 2014
- December 2013
- November 7, 2013
- November 5, 2013
- October 25, 2013
- Alert: Effective October 16, New Consent Requirements Apply to Telemarketing Robocalls and Text MessagesOctober 15, 2013
The FCC's rules to take effect.
- September 9, 2013
The Minnesota Court of Appeals issues its opinion on Finn v. Alliance.
- August 8, 2013
- July 25, 2013
The SEC adopts final rules pursuant to JOBS ACT.
- June 28, 2013
- June 26, 2013
The United States Supreme Court issues its opinion in American Express v. Italian Colors Restaurant.
- May 29, 2013
With the passage of the 2013 Omnibus Tax Act, those who own property located in Minnesota should evaluate the law’s effect on their current estate plan.
- Alert: Minnesota Adopts NAIC Model Rules on Suitability of Annuity Transactions, to be Effective June 1, 2013May 23, 2013
On June 1, 2013, Minnesota will enact the National Association of Insurance Commissioners (NAIC) model regulation governing the suitability of annuity transactions, with some modifications (the Suitability Rule).
- April 12, 2013
On April 8, 2013, the U.S. Department of Justice (DOJ) announced a settlement in South Dakota.
- March 29, 2013
The five reasons why it is important to file a U.S. patent application as soon as possible after the invention and before any public disclosure.
- March 12, 2013
The Federal Trade Commission approved revisions to the Business Opportunity Rule. The New Rule includes three primary changes to the existing FTC rule: (1) expands the definition of "business opportunity"; (2) simplifies the disclosure requirement to a one-page document; and (3) adds affirmative prohibitions on misrepresentations and omissions.
- March 8, 2013
The United States Supreme Court recently issued its opinion in Amgen Inc. v. Connecticut Retirement Plans & Trust Funds, No. 11-1085, regarding the use of the fraud-on-the-market theory to prove reliance and its impact on class certification.
- March 7, 2013
The U.S. patent system will undergo a significant change effective March 16, 2013, changing from a “first-to-invent” system to a “first-inventor-to-file” system.
- March 6, 2013
FINRA Office of Hearing Officers recently held that new class-action waiver provisions in Charles Schwab & Company, Inc.’s customer agreements are valid and enforceable.
- February 26, 2013
Taxpayers who wish to challenge their Minnesota property tax liability need to be aware of the filing deadline and other requirements. Under Minnesota law, the filing deadline for a property tax petition is April 30 of the year in which the taxes are payable.
- February 22, 2013
- February 21, 2013
- February 6, 2013
- February 6, 2013
The Securities and Exchange Commission (SEC) recently approved changes to the rules of the NASDAQ Stock Exchange (NASDAQ) regarding its independence requirements for members of listed companies’ compensation committees and their advisers. These rules were adopted under the Dodd-Frank Act.
- February 1, 2013
Eric Magnuson discusses the sources of attorney fee claims; the traditional evidence that parties offer; and the traditional methodology used by Minnesota courts considering attorney fee claims.
- January 30, 2013
On January 22, 2013, Minnesota Governor Mark Dayton released his proposal to address the $1.1 billion budget deficit in Minnesota and to increase spending initiatives. His proposals have significant tax implications, raising billions in new taxes.
- January 29, 2013
FINRA recently released its regulatory and examination priorities for 2013, highlighting several areas where FINRA will focus its resources.
- January 22, 2013
On January 2, 2013, President Obama signed the American Taxpayer Relief Act of 2012 into law, avoiding the automatic tax increases of the “fiscal cliff.” The following is an overview of certain key provisions of the new law relating to Individual Income Taxes; Individual Retirement Accounts and Employee Benefit Plans; Estate, Gift and Generation-Skipping Taxes; and Business Taxes.
- December 21, 2012
The America Invents Act has key amendments to the patent law effective March 16, 2013. In order to ensure upcoming patent applications fall within the existing rules granting priority to the first to invent and avoid triggering the new rules granting priority to the first inventor to file, many patent applications will have to be filed before March 15, 2013.
- October 25, 2012
This alert includes the 2009-2013 inflation-adjusted amounts, which may affect certain employee benefit plan benefits.
- Alert: Eighth Circuit Holds Prepaid, Perpetual Exclusive Trademark License an Executory Contract Subject to Rejection in BankruptcyOctober 5, 2012
The Eighth Circuit Court of Appeals recently held in Lewis Brothers Bakeries Incorporated and Chicago Baking Company v. Interstate Brands Corporation (In re Interstate Bakeries Corporation), 690 F.3d 1069 (8th Cir. Aug. 30, 2012), that an exclusive prepaid perpetual trademark license is an executory contract that may be rejected by a debtor in bankruptcy.
- Alert: Secured Creditor's Lien Cannot Be Avoided Based Solely on Creditor's Claim Being Disallowed for UntimelinessOctober 5, 2012
In Shelton v. CitiMortgage, Inc. (In re Shelton), --- B.R. --- (B.A.P. 8th Cir. Sept. 24, 2012), the Bankruptcy Appellate Panel for the Eighth Circuit Court of Appeals determined that a secured creditor’s lien cannot be avoided simply because the creditor’s claim was disallowed as being filed after the proof of claim bar date.
- September 7, 2012
A large number of provisions in the America Invents Act go into effect September 16, 2012. This alert briefly discusses these changes. Both patent owners and those who believe that a patent is invalid need to be aware of these provisions.
- August 31, 2012
Briggs and Morgan associate Nate Buller discusses registration and disclosure issues facing a franchisor that changes its fiscal year end.
- Alert: A Private Party's Right to Recover Cleanup Costs Under MERLA is Limited to Costs Incurred to Address an Immediate Threat to Human Health or the EnvironmentAugust 23, 2012
In a matter of first impression, the Eighth Circuit Court of Appeals affirmed a District of Minnesota decision defining the scope of a private party’s right to recover environmental cleanup costs pursuant to the Minnesota Environmental Response and Liability Act (MERLA).
- August 9, 2012
There are several reasons why donors should consider making gifts in 2012 to take advantage of the increased federal gift tax exemption before it expires.
- July 27, 2012
The 2001 Bush tax cuts will sunset and expire as of December 31, 2012. How the expiration of these tax cuts will affect tax rates is discussed in this alert.
- April 19, 2012
Three recent developments have changed what employers are required to do regarding the NLRB's posting rule that requires most private and nonprofit employers to post a notice of employee rights by April 30, 2012.
- April 5, 2012
The JOBS Act provides a unique opportunity for the Twin Cities corporate finance community to reemerge as a leader in the financing and nurturing of locally-based growth companies.
- March 25, 2012
Contains links to all presentation materials.
- March 7, 2012
Over the last couple of years, the IRS has increased its scrutiny of tax-exempt qualified 501(c)(3) bonds and has strongly expressed an expectation that 501(c)(3) borrowers of tax-exempt bond proceeds have written procedures in place to ensure compliance with these rules.
- Alert: U.S. Supreme Court Affirms Vitality of Field Preemption as a Defense to Common Law Tort ClaimsFebruary 29, 2012
The United States Supreme Court affirms the vitality of field preemption as a defense to common law tort claims in Kurns v. Railroad Friction Products, Inc., No. 10-879, slip op. (U.S. Feb. 29, 2012)
- February 15, 2012
Contains links to all presentation materials for Eric Magnuson's seminar, "How to Prepare for Trial While Anticipating an Appeal."
- January 2012
- December 19, 2011
This summer, the Minnesota Court of Appeals announced that a cooperative's alleged over-spraying of pesticide could allow an organic farm to bring a trespass action to recover damages caused by the over-spraying.
- December 14, 2011
The Minnesota Attorney General's office and Department of Commerce have commenced an investigation to determine whether insurance companies are complying with state escheat laws.
- Alert: Sweeping FCC Order Will Require Close Review of Change-of-Law Provisions in Intercarrier Compensation AgreementsDecember 2, 2011
The FCC's recently released "Connect America Fund Order" broadly changes the system under which telecommunications providers compensate each other for traffic exchanged between their networks.
- November 4, 2011
Pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act, the SEC has adopted rules implementing amendments to the Investment Advisers Act of 1940 (the IAA). The IAA and new rules require advisers to private funds to register with the SEC and create exemptions from registration for certain advisers.
- November 2, 2011
The following are the 2008-2012 inflation-adjusted amounts, which may affect certain employee benefit plan benefits.
- October 14, 2011
Over the past year, the National Labor Relations Board (NLRB) has aggressively enforced employees’ rights under Section 7 in the context of social media, such as Facebook, Twitter, or LinkedIn.
- October 12, 2011
Briggs and Morgan, P.A. is pleased to announce its new employment law blog, MinnesotaEmployer.com. MinnesotaEmployer.com is intended to provide employment law information concerning federal and state employment laws to Minnesota employers, in a convenient, easy-to-use format.
- October 2011
Briggs and Morgan shareholder Jay W. Schlosser discusses the common franchise issue of encroachment in the October issue of LJN’s Franchising Business & Law Alert.
- October 7, 2011
On September 21, 2011, the IRS launched a new initiative on Voluntary Classification Settlement Program (VCSP) designed to increase tax compliance and reduce the burden for employers by providing a “fresh start” for employers on the tricky issue of employee and/or independent contractor classification.
- October 7, 2011
On October 5, 2011, the National Labor Relations Board (NLRB) announced that it was postponing the implementation of its recently announced notice-posting rule until January 31, 2012.
- September 27, 2011
With all of the attention on the balancing of the budget and the differing views on how to solve the deficit problem, some tax legislation was passed. Although there was no rate increase or base expansion passed, there were a number of new tax provisions of benefit to businesses and some salutatory procedural tune-ups to the tax system.
- September 27, 2011
A new top-level domain .xxx for adult material is being launched this month. Due to the nature of the sites, trademark and service mark owners should consider taking proactive steps to protect their marks from registration as a .xxx domain.
- September 22, 2011
On September 19, 2011, the U.S. Department of Labor and the Internal Revenue Service announced a reinvigorated enforcement initiative to end misclassification of employees as independent contractors.
- September 21, 2011
On September 14, 2011, the Internal Revenue Service issued long awaited guidance on the tax treatment of employer-provided cell phones, and other telecommunication devices. In Notice 2011-72, the IRS announced that if an employer provides a cell phone to an employee for non-compensatory business reasons, the substantiation rules necessary to exclude the value of the use of the cell phone as a non-taxable fringe benefit are deemed satisfied, so that even any personal use of the cell phone will be non-taxable.
- September 19, 2011
President Obama signed the America Invents Act (the “Act”) on September 16, 2011, thereby enacting the most significant changes to U.S. patent law in almost 60 years. A primary change brought about by the Act is the shift from a first-to-invent to a first-to-file system.
- Alert: Technical Release 2011-03 Provides New Method For Satisfying New Participant Fee Disclosure Rule Through Electronic MediaSeptember 16, 2011
On September 13, 2011, the Department of Labor issued Technical Release 2011-03. The Technical Release provides plan administrators with an additional safe-harbor method of providing required fee disclosures to participants electronically.
- September 15, 2011
On August 22, the Federal Deposit Insurance Corporation (FDIC) sued fifteen former officers and directors of the failed Silverton Bank for, Corporate Waste (Georgia law) (Directors only), Negligence (Georgia law), Gross Negligence (Georgia law and Federal Deposit Insurance Corporation Act, 12 USC § 1821(k)), Breach of Fiduciary Duty of Care (Georgia law).
- Alert: In the Wake of Concepcion, Courts Consider the Enforceability of Arbitration Agreements’ Fee- and Cost-shifting ProvisionsSeptember 12, 2011
On April 27 2011, the Supreme Court issued the AT&T Mobility LLC v. Concepcion opinion, rejecting California law holding that arbitration agreements containing class-action waivers were unconscionable and unenforceable. 131 S. Ct. 1740, 1753 (2011). Instead, the court held, much like a state law requiring jury trials, rules of evidence, and rules of procedure, the California state law that required the availability of a class action is contrary to the purposes of the Federal Arbitration Action (FAA) because it is inconsistent with arbitration. Id. at 1747-1753.
- September 7, 2011
As the Bureau has now launched its authority under the Consumer Financial Protection Act of 2010 (the Act) to issue Civil Investigative Demands (CID’s). Banks, thrifts and credit unions with assets less than or equal to $10 billion are not subject to enforcement by the Bureau, but depositories with assets over that amount, and anyone else who offers or provides a consumer financial service or product; as well as service providers to banks, thrifts, and credit unions of whatever size and to anyone offering or providing a consumer financial service or product, are all subject to the Bureau’s enforcement.
- August 31, 2011
This week the National Labor Relations Board (NLRB) issued a Final Rule that will require employers to notify employees of their rights under the National Labor Relations Act. The Rule will become effective November 14, 2011, and will apply to all private-sector employers covered by the National Labor Relations Act (NLRA).
- August 1, 2011
On July 21, 2011 the Consumer Financial Protection Bureau (CFPB or Bureau) issued, pursuant to the directive of Section 1063(i) of the Consumer Financial Protection Act, Section 1063(i) (the “Act”) (Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank)) a list of the rules and orders that will be enforced by the CFPB.
- July 29, 2011
We have recently observed a sharp increase in lawsuits filed against businesses housing automated teller machines (ATMs), including restaurants, retail establishments and sports venues.
- July 28, 2011
On July 20, 2011, the Comptroller of the Currency (OCC) adopted changes to its preemption regulations to conform them to the provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank).
- July 21, 2011
On July 21, 2011 the Bureau of Consumer Financial Protection (BCFB) begins official business under the Consumer Financial Protection Act of 2010 (Title X of the Dodd-Frank Wall Street Reform and Protection Act).
- July 6, 2011
A bipartisan group of senators led by Sen. Dianne Feinstein (D-CA) recently re-introduced the Preservation of Antibiotics for Medical Treatment Act (PAMTA) to curb the use of antibiotics in animals.
- June 30, 2011
On June 27, 2011, the U.S. Supreme Court issued a pair of decisions regarding a state court’s exercise of personal jurisdiction over nonresidents: Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. __ (2011), and J. McIntyre Machinery, Ltd. v. Nicastro, 564 U.S. __ (2011).
- June 28, 2011
The Department of Homeland Security’s Immigration and Custom’s Enforcement (ICE) office recently notified 1,000 employers that the government will audit their Form I-9 employment records as part of the Department’s efforts to eliminate the hiring of undocumented immigrants.
- June 22, 2011
Should a state government shutdown occur, private employers who interface with state departments and agencies may be impacted.
- June 2, 2011
In a May 25, 2011 en banc decision, the Federal Circuit significantly tightened the standards for proving inequitable conduct.
- May 26, 2011
Ever wonder whether FINRA allowed for reply briefs in motion practice? You weren’t alone.
- May 25, 2011
The Internal Revenue Service and the Social Security Administration have issued the inflation-adjusted amounts which affect qualified retirement plans and Social Security benefits for the year 2011.
- May 6, 2011
On April 13, 2011, the Minnesota Supreme Court overturned long-standing precedent and clarified the standard for establishing a prima facie case of marital status discrimination under the Minnesota Human Rights Act.
- May 5, 2011
The Food Safety Modernization Act (FSMA), enacted in January 2011, broadened the authority of the Food and Drug Administration (FDA) in certain respects.
- May 4, 2011
Briggs and Morgan attorneys John R. McDonald and Marcus A. Ploeger discuss the Ponzi scheme presumption and provide valuation-related insights for defendants faced with clawback claims in their article, “Bankruptcy Clawbacks: The Ponzi Scheme Presumption and Valuation.”
- ALERT - U.S. Supreme Court Upholds Federal Arbitration Law Preemption of State Laws on Class Action Waiver ClausesMay 4, 2011
The U.S. Supreme Court recently issued an important decision upholding a class action waiver in an arbitration clause of a consumer contract.
- April 26, 2011
Recently, a federal district court dismissed an antitrust class action against five ready-mix concrete manufacturers for failure to sufficiently plead conspiracy.
- April 22, 2011
Concerned about the tax compliance and administrative burden imposed on taxpayers, particularly small businesses, Congress passed - and the President signed - legislation repealing certain IRS information reporting requirements enacted in 2010.
- April 7, 2011
In a decision issued March 22, 2011, the United States Supreme Court held that an oral complaint of an alleged violation of the Fair Labor Standards Act (FLSA) is protected conduct under the Act’s anti-retaliation provision. Kasten v. Saint-Gobain Performance Plastics Corp., No. 09-834, 563 U.S. (2011).
- March 30, 2011
Last week, a federal judge in New Jersey denied Campbell Soup’s motion to dismiss consumer fraud claims brought by a purported nationwide class of consumers who purchased soup labeled as having “25% less sodium.”
- March 16, 2011
Tax bills for 2011 were sent and taxpayers who wish to challenge their Minnesota property tax liability need to be aware of Minnesota's filing deadline and associated requirements.
- March 10, 2011
In a decision issued March 1, 2011, the U.S. Supreme Court shed light on employers’ potential “cat’s paw” liability.
- March 1, 2011
Briggs and Morgan shareholder Max C. Heerman and associate Maren F. Grier discuss the questions raised for Minnesota litigators as result of the Supreme Court's Bell Atlantic Corporation v. Twombly and Ashcroft v. Iqbal decisions in The Hennepin Lawyer.
- February 25, 2011
As part of the process of developing a consolidated Rulebook, the Financial Industry Regulatory Authority (FINRA), in Regulatory Notice 11-02, advises broker-dealers the SEC has approved two new FINRA Rules concerning the obligation to “know your customer” and provide suitable investment recommendations.
- February 24, 2011
Minnesota Governor Mark Dayton recently released his recipe for curing the $6.2 billion budget deficit and shortfall. Three of his proposals have significant tax implications, raising $3 billion in new taxes.
- February 2011
Shareholder Jay W. Schlosser discusses key trends in franchise law in the February issue of LJN’s Franchising Business & Law Alert.
- January 13, 2011
Continuing a trend of tightening the standards governing damage awards in patent cases, the Court of Appeals for the Federal Circuit has rejected the “25% Rule of Thumb” for assessing reasonable royalty damages in patent infringement cases. According to the Court, any “[e]vidence relying on the 25 percent rule of thumb is . . . inadmissible under Daubert and the Federal Rules of Evidence . . .” Uniloc USA, Inc. v. Microsoft Corp., No. 2010-1035 (Fed. Cir., January 4, 2011).
- January 12, 2011
Briggs and Morgan shareholder David Schooler discusses the ethics and rules regarding company e-mail policies in the Minnesota Lawyer article, “Electronic Privacy Concerns in the Workplace.”
- January 5, 2011
In December, 2010, the President signed into law H.R. 4853, the Tax Relief Unemployment Insurance Reauthorization and Job Creation Act of 2010 (P.L. 111-312), which contains a special gift for all workers in the new year.
- December 27, 2010
On December 18, 2010, President Obama signed into law the “Red Flag Program Clarification Act of 2010," which modifies the Federal Trade Commission’s (FTC) Red Flags Rule.
- December 13, 2010
The court of appeals held that based on the Minnesota Business Corporations Act, judicial valuation of stock is not warranted, absent fraud in U.S. Bank N.A. v. Cold Spring Granite Co.
- ALERT - Minnesota Supreme Court Decides Priority of Mortgages and Pre-Visible Improvement Mechanic’s LiensNovember 18, 2010
The Minnesota Supreme Court held that a mortgagee who had no actual notice of unpaid pre-visible improvement services (i.e., architecture services) does not have “actual notice” of an existing lien, and therefore has priority over the lien claimant.
- November 5, 2010
The Minnesota Supreme Court held that a mortgage for Torrens property is “of record,” and has priority over subsequent mechanic’s liens, when it is filed with the Registrar, date and time stamped, and assigned a document number, regardless of when a new Torrens certificate is issued. Potential lien holders, including mortgagees, need to review the Torrens certificate and conduct a search by document number to accurately determine whether there are liens against Torrens property.
- October 29, 2010
Television stations sued for access to rejected absentee ballots from the Coleman-Franken election. The district court granted the TV stations access under the state Government Data Practices Act, but the Minnesota Court of Appeals reversed, declaring that sealed absentee ballots are not public data.
- October 20, 2010
New legislation has been passed that requires landlords to file Form 1099 information returns with the IRS, their service providers and their tenants for payments received of $600 or more after December 31, 2010. Failure to comply may result in penalties of $50 for each offense, with caps up to $100,000 or $250,000. If you own real estate, be sure to read more to learn what this new legislation requires and how you should prepare to meet this latest requirement.
- October 18, 2010
The Supreme Court has recently granted review of a case which might affect many claims asserted by and against governmental bodies.
- September 17, 2010
The issue of proper classification of workers as employees or independent contractors can have severe financial consequences to the business that misclassifies its workers. Read to find out what your business needs to know to avoid these penalties.
- August 26, 2010
William Mitchell Law Review, Volume 36, Issue 4, features two articles by Briggs and Morgan Appellate Group attorneys in the Eighth Circuit section.
- August 10, 2010
The recently enacted Angel Tax Credit is designed to encourage the growth of and foster job creation by small emerging high-technology Minnesota businesses by providing tax incentives for making capital investments in these businesses.
- August 6, 2010
Companies should be aware of recent Dodd-Frank Wall Street Reform and Consumer Protection Act provisions requiring companies to: provide enhanced disclosures in proxy statements, give shareholders an advisory vote on executive compensation, and review and likely adjust compensation committee practices and policies.
- "Standard of Proof to Establish Amount in Controversy When Defending Removal Under the Class Action Fairness Act," Co-Author, William Mitchell Law ReviewAugust 2010
This article examines the Class Action Fairness Act (CAFA) passed by Congress in 2005, which amended the procedures that apply to large interstate class actions.
- July 27, 2010
Expiring income tax cuts and the imposition of new taxes will have a significant impact on businesses. Learn how to prepare and succeed in the face of these impending changes.
- July 19, 2010
Due to a 2010 amendment, Minnesota businesses will want to seriously consider making an unemployment insurance tax rate buydown.
- July 14, 2010
A little-noticed provision of the recent Health Care Reform Law is substantially changing the IRS information reporting regime and will cause businesses new administrative burdens and produce a flood of new tax paperwork.
- July 7, 2010
The U.S. Department of Labor recently reinterpreted the definition of “son or daughter” under the Family and Medical Leave Act.
- July 7, 2010
In their recent Bilski v. Kappos decision, the United States Supreme Court upheld that the so-called “machine or transformation test” for a claimed process is not the sole test for patentability. This decision will somewhat alleviate the fear that a process or business method can be rejected by the U.S. Patent and Trademark Office (USPTO) by only looking at one aspect of the invention, namely, whether the invention is tied to a machine and/or transforms an article.
- June 2010
"Summary Judgment – A Tool in Franchise Arbitrations," was recently published in the Law Journal Newsletter’s Franchising Business and Law Alert by Briggs and Morgan trade regulation shareholder Jay W. Schlosser.
- June 11, 2010
A new law accelerates sales and use tax payments for Minnesota businesses.
- May 5, 2010
This alert covers FINRA’s reminder to broker-dealers regarding their obligations pursuant to Regulatory Notice 10-22, including, what broker-dealers need to know in regards to customer investment suitability, private placement duties and Red Flags awareness.
- April 27, 2010
Financial Services Institute (FSI) member broker-dealers share their views on arbitration and current Congressional action impacting the financial-services industry.
- March 31, 2010
The Internal Revenue Service and the Social Security Administration have issued the inflation-adjusted amounts which affect qualified retirement plans and Social Security benefits for the year 2010.
- March 24, 2010
A new interpretation of the false marking statute significantly impacts patent holders. Read to learn more about the Federal Circuit Court of Appeals’ recent decision and how you can minimize your risk with "patent marking trolls.”
- March 1, 2010
Learn the impact of new laws on your estate plan, along with how proposed legislation may change certain estate planning techniques and how a down economy could present opportunities for estate planning.
- February 10, 2010
The United States Supreme Court held in an opinion filed last week that an employee discharged in response to a charge of discrimination filed by his co-worker fiancée may pursue a retaliation claim under Title VII.
- February 1, 2010
As featured in two recent articles by Twin Cities Business Magazine and the newsletter for Bank Holding Company Association, Briggs and Morgan shareholder John R. McDonald discusses financial restructuring and lender strategies for decreasing asset value.
- January 4, 2010
The recent Department of Defense Appropriations Act of 2010 means significant changes to COBRA. Employers will again be required to modify their COBRA procedures, to reflect the new law.
- December 11, 2009
The employment provisions of the Genetic Information Non-Discrimination Act (GINA) recently became effective. Employers should be aware of the restrictions this act imposes and the actions they need to take.
- November 23, 2009
A recent ruling in the Stanford securities fraud case sets a precedent with significant implications for this and other ongoing “Ponzi” scheme cases.
- November 11, 2009
The new National Defense Authorization Act impacts employers as it amends the FMLA. Learn how two of these changes may prompt employers to update their policies.
- October 30, 2009
Recent legislation and current economic conditions may affect your estate plan. Learn what opportunities are available to you and how to best prepare with these changes.
- October 14, 2009
New protected health information "breach notification" regulations were issued by the Department of Health and Human Services. Read to find out what you need to do to comply with these new rules.
- ALERT - FINRA Announces the Effective Date of the Qualification Rules for Investment Banking ProfessionalsAugust 12, 2009
Details surrounding FINRA's new Limited Representative-Investment Banking category have been laid out, including timeline, registration and exam processes.
- August 11, 2009
The EEOC issues guidelines regarding severance agreements.
- "Professional Liability When Acting Pursuant to Court Appointment," International Association of Defense Counsel's Professional Liability NewsletterAugust 2009
John Degnan and Diane Bratvold report on a case of first impression in Minnesota and in many other jurisdictions. The case held that an accountant, who was court appointed as a neutral to perform a business valuation, had immunity from claims by parties to a dissolution action.
- July 17, 2009
Shareholder James E. Duffy discusses the Cash for Clunkers Program, a new sales tax deduction on new car purchases and tax credits for energy efficient vehicles.
- July 16, 2009
Shareholder James E. Duffy discusses taxpayer deductions for expenses incurred before and after a business becomes operational.
- July 10, 2009
A new United States Supreme Court decision provides important guidance for employers regarding candidate screening.
- July 10, 2009
Shareholder Kevin M. Decker discusses a disturbing trend in private arbitrations that use 28 U.S.C. § 1782 to compel discovery through federal court subpoenas. Fortunately there are defenses to protect against such costly, intrusive, and often untoward schemes.
- June 16, 2009
Facebook is accepting registrations for vanity URLs (web addresses) and usernames are being assigned on a first come, first served basis.
- May 29, 2009
FINRA has adopted a new category for investment banking professionals – Limited Representative-Investment Banking. A new Rule 1032(i) establishing the category will become effective 90 days after FINRA announces development of a Series 79 qualification examination.
- May 8, 2009
Shareholder James E. Duffy provides an update on a recent Tax Court decision in which the Court ruled that a real estate agent that worked as an independent contractor is a "real estate professional" and therefore is not subject to the passive activity loss limitations on her ability to deduct losses from her rental properties.
- April 15, 2009
Shareholders Diane B. Bratvold and Sam Hanson offer tips of the trade in "The Next Big Step: Appeals to the Minnesota Supreme Court, as seen in the April issue of Bench & Bar of Minnesota.
- April 13, 2009
As seen in the April 13 issue of Minnesota Lawyer, Briggs and Morgan's attorneys are highlighted for their pro bono work with SMRLS and the Mayo Clinic.
- March 30, 2009
Passed into law in October 2008, the PRO-IP Act recognizes the need for the U.S. to more effectively help businesses protect vital intellectual property. Shareholder Kristin L.C. Haugen discusses how it provides a more comprehensive approach to IP protection and shows a heightened commitment to IP owners' rights.
- March 30, 2009
Shareholder Jerry Helget discusses Letters of Protest as a stronger tool for challenging the registrability of a trademark based on recent improvements with the USPTO.
- March 30, 2009
Briggs and Morgan is one of 13 Minnesota law firms highlighted in Minnesota Law & Politics' April/May 2009 issue.
- March 30, 2009
A pair of recent decisions, eBay, Inc. v. Mercexchange, L.L.C. and Abbott Laboratories v. Sandoz, Inc., have drawn attention to the availability of injunctions in patent cases. Shareholder John B. Lunseth examines the courts' reflections on the standards for injunctions in patent cases.
- February 24, 2009
Under new SEC rules, all companies that file a Form D to take advantage of the Rule 506 safe harbor for private placements of unregistered securities need to be aware of new electronic filing and other requirements taking effect March 16, 2009.
- February 19, 2009
President Obama has signed into law the American Recovery and Reinvestment Act of 2009. One way this new law is intended to help individuals affected by the current economic crisis, is by making health care continuation benefits more affordable to employees who suffer an involuntary termination of employment between September 1, 2008 and December 31, 2009 ("assistance-eligible employees").
- February 19, 2009
As seen on Law360.com, Richard D. Anderson and John R. Brennan author "Following Sale and Assignment Notices."
- February 10, 2009
Michael Krikava, head of Briggs' energy law practice group, is interviewed in a special section on law firms and green energy in the February 2009 issue of Twin Cities Business. The article discusses Briggs' renewable energy focus, and its growth in wind energy, solar energy and biomass practices.
- February 9, 2009
- February 1, 2009
On January 29, 2009, President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 (the LFPA) into law. This change in law significantly expands employers’ exposure to potential liability for discriminatory compensation practices.
- February 1, 2009
Shareholder Jim Long authors "'Substantial Change' Laws = Substantial Confusion," as seen on Law360.com.
- January 23, 2009
Section 6039 of the Internal Revenue Code of 1986, as amended requires companies to provide information statements by January 31, 2009 to each employee who during 2008 either (i) received stock upon the exercise of an incentive stock option (ISO) or (ii) sold or otherwise transferred legal title to stock acquired under an employee stock purchase plan (ESPP).
- January 16, 2009
The Internal Revenue Service and the Social Security Administration have issued the inflation-adjusted amounts which affect qualified retirement plans and Social Security benefits for the year 2009.
- January 2, 2009
- December 12, 2008
On November 17, 2008, the Department of Labor (DOL) issued its Final Rule updating regulations regarding the Family and Medical Leave Act (FMLA). This marks the first change to FMLA regulations since previous regulations went into effect in April 1995. The new Final Rule will take effect January 16, 2009.
- November 24, 2008
Shareholders Dan Rosenberg and Nelson Capes discuss the implications of In Re Bilski, which will affect the validity of many existing process or method patents, as well as the ability to receive new patents of this type.
- November 20, 2008
Shareholder Jerry Helget discusses the significance of Egyptian Goddess, which recently revitalized a centuries-old text for patent infringement.
- November 19, 2008
Shareholder Jim Long discusses the antitrust implications of reverse payments as recently outlined by the Federal Circuit's decision in In Re Ciprofloxacin Hydrochloride Antitrust Litigation.
- October 31, 2008
Shareholder Jim Long authors "Antitrust Liability from Bundled Rebate Plans" for Portfolio Media and Law360.com.
- September 18, 2008
In an effort to improve financial reporting and harmonize U.S. and international accounting standards, the Financial Accounting Standards Board recently updated Statement of Financial Accounting Standards (SFAS) No. 141 to emphasize fair value accounting. This is a summary.
- September 15, 2008
As seen in The Hennepin Lawyer's September 2008 issue, Elizabeth M. Brama and Max C. Heerman co-author an article on balancing professionalism and advocacy in litigation.
- August 21, 2008
The SEC issued an interpretative release that gives reporting companies the flexibility to, under certain circumstances, make disclosures required by Regulation FD on a company's Web site. The release also clarifies when statements on a company's Web site could create liability under antifraud rules.
- August 11, 2008
As seen in the Aug. 11, 2008 edition of Minnesota Lawyer, firm President Alan H. Maclin and newcomers Alan M. Anderson and Sharna A. Wahlgren interview about Briggs' expansion of its intellectual property practice. "Lawyers' Migration Gives Briggs a Much Bigger IP Brigade" was a large feature story.
- August 6, 2008
Employers that provide employees with cell phones are subject to stringent recordkeeping requirements by the IRS. Legislation has been introduced but until it is passed, employers must maintain relevant records or face substantial tax liabilities.
- July 28, 2008
As seen in Thomson Publishing Group's Human Resources 2008 - Summer Edition, Briggs and Morgan attorneys Neal T. Buethe and Michael C. Wilhelm co-author chapter 15: "Corporate Indemnification: A Step-by-Step Guide for HR Professionals."
- May 6, 2008
As seen in Volume 34, Issue 4 of the William Mitchell Law Review, attorney Kevin M. Decker authors "Filed Rate Doctrine: Leaving Regulation to the Regulators."
- May 5, 2008
As seen in the Journal of Law & Practice, "Life with Hoyt: Avoiding Misrepresentation Claims in Negotiating Settlement Agreements" by Eric J. Magnuson and Daniel J. Supalla.
- April 28, 2008
- March 31, 2008
As seen March 30, 2008 in the Star Tribune, "Bailout Bidding" examines the current housing crisis and its impact on the home building industry. Bankruptcy attorney John R. McDonald is interviewed for his legal insight.
- March 17, 2008
Minnesota's exclusion from state income taxes for compensation paid to non-residents who earned the compensation while they were residents in Minnesota has been repealed, effective January 1, 2008.
- March 14, 2008
In February, Congress passed legislation doubling the available deduction for purchases of new equipment in 2008 and providing for 50% additional first year depreciation for equipment placed in service during 2008.
- February 20, 2008
Long-standing legal protections against a participant’s ability to sue 401(k) plan fiduciaries were eliminated when the United States Supreme Court issued its opinion on February 20, 2008 in the case of LaRue v. DeWolff, Boberg & Associates, Inc.
- February 8, 2008
The Internal Revenue Service and the Social Security Administration have issued the inflation-adjusted amounts which affect qualified retirement plans and Social Security benefits for the year 2007.
- February 8, 2008
- January 3, 2008
A South Dakota law that required telecommunications carriers to identify the jurisdiction of originating traffic has been struck down as unconstitutional. The Court concluded that state legislation imposed obligations that could not be met, and compensation obligations between carriers should be subject to negotiation and arbitration under the 1996 Telecommunications Act. Verizon Wireless, a client of Briggs represented by Philip Schenkenberg, challenged the 2004 statute.
- January 1, 2008
- December 20, 2007
In May 2007, Gov. Tim Pawlenty signed into law a general requirement that employers provide new hires with written notice of their rights and remedies under Minnesota’s Personnel Record Statute. It takes effect January 1, 2008.
- December 1, 2007
On April 30, 2007, the U.S. Supreme Court adopted amendments to the Federal Rules of Bankruptcy Procedure, which became effective on December 1, 2007.
- October 1, 2007
As seen in the September/October 2007 issue of the National Society of Compliance Professionals' (NSCP) Currents newsletter, David E. Rosedahl's examination of principles-based regulation and proposed NYSE and NASD rules.
- September 15, 2007
- September 14, 2007
The Federal Communications Commission (FCC) has adopted several new measures to safeguard the universal service fund from waste, fraud and abuse, as well as measures to improve the management, administration and oversight of the USF.The initiatives are part of the FCC’s continuing process to deter misconduct and inappropriate uses of universal service funds and to improve the overall viability of the USF programs.
All contributing telecommunications carriers, including recipients designated as eligible telecommunications carriers (ETCs), should be aware of the new requirements set forth by the FCC’s Report and Order adopted in In the Matter of Comprehensive Review of the Universal Service Fund Management, Administration, and Oversight, et al. The new rules will become effective 30 days after publication in the Federal Register (as of this date, the Report and Order is still unpublished).
- September 13, 2007
Merchants across the country that offer point-of-sale purchasing could be exposed to new risks for million-dollar class action lawsuits, according to new interpretations of the Fair and Accurate Credit Transactions Act (FACTA) of 2003. The April 2007 decision by a California district court in Pirian v. In-N-Out Burgers further complicates how to properly comply, exposing thousands of restaurant merchants and related businesses to risk of violation.
- August 27, 2007
- August 23, 2007
As seen in Minnesota Spokesman-Recorder (Aug. 23-29, 2007), how an at-risk teen arrived at Briggs and Morgan. An interview with former STEP-UP intern, Richard Terrell, about his employment experience and a growing passion for law.
- August 13, 2007
As seen in the American Bar Association’s Securities Litigation Journal, Julie H. Firestone’s “Inconsistencies Between the Group Pleading Doctrine and the PSLRA.” On March 20, 2007, Minnesota federal court dismissed a securities fraud class action complaint against Patterson Companies, Inc. for failure to meet the stringent standards of the Private Securities Litigation Reform Act (PSLRA). Firestone discusses the court's decision and its implications.
- July 30, 2007
As seen in Minnesota Lawyer, attorney Richard G. Mark and members of Briggs' HR department talk about the growing concern over finding qualified legal support staff. One solution for Briggs is employing interns through Minneapolis' STEP-UP Summer Jobs Program, which gives the firm an opportunity to promote diversity and help the community, while also addressing its own staffing issues.
- "Avoiding Health Care Qui Tam Actions," International Association of Defense Counsel's Medical Defense and Health Law NewsletterJuly 2007
"Avoiding Health Care Qui Tam Actions," as seen in the July 2007 Medical Defense and Health Law newsletter by the International Association of Defense Counsel (IADC), discusses the current state of the health care industry in relation to Medicare/Medicaid fraud and the False Claims Act (FCA). John M. Degnan and Sally A. Scoggin report on significant whistleblower lawsuits, also known as qui tam actions, being filed against our nation's health care providers.
- July 11, 2007
In a long anticipated ruling, the 11th Circuit Court of Appeals issued its fourth—and presumably final—decision in an 11-year-old landmark RESPA Section 8/yield spread premium (YSP) case, Culpepper v. Irwin Mortgage Corp. In what is now referred to as Culpepper IV, the 11th Circuit resolved all issues in favor of Briggs’ client, Irwin Mortgage, affirming decertification of the plaintiff’s class and entry of summary judgment on the class representatives’ claims.
- July 2, 2007
Effective Sept. 4, 2007, NASDAQ MarketWatch will no longer accept material news disclosures by fax or phone, except in emergency situations. The U.S. Securities and Exchange Commission has approved a NASDAQ rule change that requires NASDAQ-listed companies to submit news to NASDAQ MarketWatch online through its electronic disclosure submission system.
- July 1, 2007
As seen in the June/July 2007 issue of Minnesota Law & Politics, patent attorney Gerald E. Helget is the focus of a feature interview on the marriage of his passion for hunting and IP practice at Briggs. He discusses his upcoming invention.
- June 28, 2007
Briggs' president Alan H. Maclin is interviewed by Patrick J. McKenna in "Successful Transitions: The New Managing Partner's First Days," as seen in the spring 2007 issue of Edge International Review. The article covers all aspects of the first 100 days in office from lessons learned to anticipated challenges, and included several other managing partners from around the country.
- June 27, 2007
The United States Supreme Court issued an opinion overturning the almost 100-year per se prohibition on vertical price fixing.
- June 22, 2007
- June 20, 2007
- May 28, 2007
The Minnesota Omnibus Energy Policy Act, just signed into law by Gov. Tim Pawlenty May 25, 2007, establishes Minnesota’s future energy policy, which favors more conservation and efficiency, increased use of renewable resources, and community-based energy development. The Act also establishes goals to reduce greenhouse gas emissions and bans construction of plants, importation of energy or PPAs that threaten to increase statewide carbon dioxide emissions.
- May 7, 2007
Beginning June 4, 2007, users, owners and operators of the Bulk Power System, within the 48 contingent states, can be severely penalized for failing to comply with new electric reliability standards approved by the U.S. Federal Energy Regulatory Commission (FERC). As a result of the Energy Policy Act of 2005, 83 standards were approved pursuant to Section 215 of the Federal Power Act. Any violation is subject to a penalty of up to $1 million per day, per violation.
- May 1, 2007
Offers and sales of securities listed, or authorized for listing, on the Nasdaq Capital Market will be exempt from state securities law filing requirements as a result of an amendment taking effect May 24, 2007. The U.S. Securities and Exchange Commission (SEC) has adopted an amendment to Rule 146 under the Securities Act of 1933 to include securities listed, or authorized for listing, on the Nasdaq Capital Market tier of NASDAQ in its list of "covered securities."
- ALERT - MN Federal Court Dismisses Class Action Securities Fraud Claim, Rejects Group Pleading Doctrine Under PSLRAApril 25, 2007
On March 20, 2007, the United States District Court for the District of Minnesota dismissed a purported class action complaint for securities fraud against Patterson Companies Inc. for failure to meet the stringent standards of the PSLRA. This court victory, led by Briggs and Morgan attorneys Frank A. Taylor and Patrick S. Williams, affects the manner in which plaintiffs must plead securities fraud against corporate executives in Minnesota federal court.
- April 22, 2007
- April 19, 2007
Federal courts have been working with electronically stored information (ESI) for years. Due to recent changes to the Federal Rules of Civil Procedure, e-discovery requirements are now intensified for businesses and key personnel, indicating the importance of early, proactive collaboration between information technology specialists, counsel and executive management. These amendments bring renewed clarity and consistency to the discovery process, according to attorney Daniel Supalla.
- April 18, 2007
As seen in the April 2007 issue of CPM-Global Assurance, attorney Greg Stenmoe, a frequent speaker on the legal matters associated with pandemic influenza, presents "Maintaining Momentum: Staying Ahead in Pandemic Planning" co-authored with Marie Johnson, CBCP, of the Business Continuity Planners Association.
- April 6, 2007
The HIPAA privacy regulations require health plans to remind participants about their privacy rights under these plans at least every three years. The three-year deadline is April 14, 2007, for small employer plans that have not reminded participants of their privacy rights since the initial notice was required in April 2004.
- March 27, 2007
On Monday, March 26, 2007, the United States Supreme Court heard oral argument in what could be a groundbreaking antitrust case, Leegin Creative Leather Products Inc. v. PSKS Inc., in which the Court is revisiting the long-standing per se prohibition on minimum vertical price fixing. If reversed, manufacturers, suppliers and franchisors will have much greater freedom in controlling the retail price offered to consumers.
- March 21, 2007
- March 1, 2007
As seen in the First Quarter 2007 issue of Employee Benefits Planner, Michael T. Miller writes about best practices for discharge in "A Primer on Firing."