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12/19/2011
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Property Law Update: New Ruling Helps Minnesota Farmers Protect Property Rights
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.
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12/14/2011
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Alert: Minnesota AG and DOC Investigating Compliance With State Escheat Laws
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.
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12/2/2011
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Alert: Sweeping FCC Order Will Require Close Review of Change-of-Law Provisions in Intercarrier Compensation Agreements
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.
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11/21/2011
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Alert: What Employers Need to Know About OSHA's Interim Rule on Sarbanes-Oxley Retaliation
OSHA published an interim rule amending its regulations relating to the retaliation/whistleblower provision of the Sarbanes-Oxley Act, as revised by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.
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11/4/2011
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Alert: Investment Adviser Rule Change for Private Equity Fund Managers
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.
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11/2/2011
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Alert: 2012 Cost-of-Living Adjustments
The following are the 2008-2012 inflation-adjusted amounts, which may affect certain employee benefit plan benefits.
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10/14/2011
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Alert: Why Employers Should Include Limiting Language in Social Media Policies
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.
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10/12/2011
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Alert: Briggs and Morgan Launches MinnesotaEmployer.com
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.
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10/7/2011
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Alert: NLRB Extends Employee Rights Notice Posting Requirement Until January 31, 2012
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.
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10/7/2011
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Alert: IRS Announces New Low-Cost Settlement Program for Worker Classification Issue
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.
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9/27/2011
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Alert: Minnesota Did Pass Some Tax Laws In 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.
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9/27/2011
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Alert: “Sunrise B” – Protection Against .XXX Domains
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.
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9/22/2011
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Alert: Federal and State Crackdown on Employee Misclassification Announced
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.
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9/21/2011
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Alert: IRS Finally Concedes on Taxation of Employer-Provided Cell Phones
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.
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9/19/2011
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Alert: U.S. Patent Reform Enacted
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.
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9/16/2011
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Alert: Technical Release 2011-03 Provides New Method For Satisfying New Participant Fee Disclosure Rule Through Electronic Media
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.
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9/15/2011
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Silverton Bank, N.A. Directors and Officers Sued by the FDIC
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).
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9/12/2011
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Alert: In the Wake of Concepcion, Courts Consider the Enforceability of Arbitration Agreements’ Fee- and Cost-shifting Provisions
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.
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9/7/2011
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Alert: The Bureau of Consumer Financial Services Begins Civil Investigative Demand Process
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.
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8/31/2011
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Alert: NLRB Issues Rule: Employer Must Post Notice of Employee Rights Under NLRA
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).
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8/1/2011
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ALERT - CFPB Issues Final List of Rules and Orders That Will Be Enforced By the Bureau
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.
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7/29/2011
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ALERT - Restaurants and Retailers Beware: ATM Surcharge Notice Litigation Sharply Increases
We have recently observed a sharp increase in lawsuits filed against businesses housing automated teller machines (ATMs), including restaurants, retail establishments and sports venues.
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7/28/2011
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ALERT - The OCC Reaffirms Its Rules on Federal Preemption of State Law
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).
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7/21/2011
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ALERT - The Consumer Financial Protection Bureau Opens for Business
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).
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7/6/2011
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ALERT - Proposed Legislation, New Lawsuit Targets Use of Antibiotics in Livestock
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.
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6/30/2011
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ALERT - U.S. Supreme Court Further Defines Jurisdiction Standard
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).
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6/28/2011
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ALERT - ICE Notifies Employers of I-9 Audits
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.
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6/22/2011
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ALERT - Potential Minnesota Government Shutdown Creates Employment Law Questions
Should a state government shutdown occur, private employers who interface with state departments and agencies may be impacted.
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6/2/2011
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ALERT - Federal Circuit Court Restricts Inequitable Conduct Claims
In a May 25, 2011 en banc decision, the Federal Circuit significantly tightened the standards for proving inequitable conduct.
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5/26/2011
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ALERT - New FINRA Arbitration Rules Regarding Reply Briefs in Motions
Ever wonder whether FINRA allowed for reply briefs in motion practice? You weren’t alone.
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5/25/2011
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ALERT - 2011 Cost-of-Living Adjustments
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.
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5/6/2011
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ALERT - Minnesota Supreme Court Determines Standard for Marital Status Discrimination Claims
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.
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5/5/2011
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ALERT - FDA Issues First Two Interim Rules Under Food Safety Modernization Act
The Food Safety Modernization Act (FSMA), enacted in January 2011, broadened the authority of the Food and Drug Administration (FDA) in certain respects.
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5/4/2011
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ALERT - U.S. Supreme Court Upholds Federal Arbitration Law Preemption of State Laws on Class Action Waiver Clauses
The U.S. Supreme Court recently issued an important decision upholding a class action waiver in an arbitration clause of a consumer contract.
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4/26/2011
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ALERT - Federal District Court Dismisses Antitrust Class Action
Recently, a federal district court dismissed an antitrust class action against five ready-mix concrete manufacturers for failure to sufficiently plead conspiracy.
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4/22/2011
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ALERT - Expanded IRS 1099 Reporting Requirements Repealed
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.
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4/7/2011
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ALERT - Oral Complaints Protected Under FLSA Anti-Retaliation Provision
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).
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3/30/2011
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ALERT - Court Opens Door to Increased Consumer Class Actions Involving Nutritional Labeling Claims
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.”
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3/16/2011
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ALERT - Reducing Your Minnesota Property Taxes: The Deadline for 2011 Appeals
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.
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3/10/2011
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ALERT - Supreme Court Upholds “Cat’s Paw” Liability under USERRA
In a decision issued March 1, 2011, the U.S. Supreme Court shed light on employers’ potential “cat’s paw” liability.
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2/25/2011
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ALERT - New FINRA Rules Concerning "Know Your Customer" and "Suitability"
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.
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2/24/2011
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ALERT - Taxes and the Governor's Budget Proposal
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.
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2/10/2011
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ALERT - Supreme Court Allows Third Party Retaliation Claims Under Title VII
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.
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1/13/2011
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ALERT - Federal Circuit Bars "25% Rule of Thumb" Analysis for Patent Damages
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).
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1/5/2011
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ALERT - Wage Tax Holiday For Workers In 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.
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12/27/2010
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ALERT - President Obama Signs Red Flag Program Clarification Act
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.
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12/13/2010
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ALERT - Minnesota Supreme Court takes review on judicial valuation of stock
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.
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11/18/2010
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ALERT - Minnesota Supreme Court Decides Priority of Mortgages and Pre-Visible Improvement Mechanic’s Liens
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.
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11/5/2010
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ALERT - MN High Court Decision Affects Torrens Property
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.
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10/29/2010
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ALERT - MN Supreme Court reviews media access to absentee ballots
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.
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10/20/2010
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AMENDED ALERT - New IRS Requirement for Landlords
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.
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10/18/2010
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ALERT - Defending Against Governmental Actions Using Equitable Estoppel
The Supreme Court has recently granted review of a case which might affect many claims asserted by and against governmental bodies.
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9/17/2010
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ALERT - IRS Steps Up Employment Tax Audits
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.
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3/31/2010
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ALERT - 2010 Cost-of-Living Adjustments
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.
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Minnesota Supreme Court Watch
Briggs and Morgan tracks Minnesota Supreme Court civil cases. Keep current on issues of interest.
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1/13/2012
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Dodd-Frank and Shareholder Activism: Synthesizing the Recent Developments
Briggs and Morgan associate Jen Randolph Reise discusses developments regarding the "say-on-pay" and "proxy access" rules of the Dodd-Frank bill passed in July 2010.
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10/7/2011
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Jay Schlosser Addresses Recent Franchise Court Decisions
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.
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9/9/2011
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Troy Hutchinson Discusses ATM Fee Notification Class Action Lawsuits
Briggs and Morgan shareholder Troy Hutchinson discusses his work defending businesses fighting automated teller machine (ATM) fee notification lawsuits in a recent interview with the Minneapolis/St. Paul Business Journal.
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5/27/2011
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Chris Young Discusses Paper Terrorism in Law360 Article
Briggs and Morgan shareholder Chris Young explores the threat posed by “redemption scams” (scams intended to harass and extort money) in his article, “The Threat of Paper Terrorism,” published on Law360.
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4/15/2011
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Practical Advice on Interlocutory Appeals
In the November 2010 issue of For the Defense, Briggs and Morgan shareholder Diane B. Bratvold discusses the process of interlocutory appeal options and outlines the essential factors to consider before seeking interlocutory review.
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4/15/2011
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Standard of Proof to Establish Amount in Controversy When Defending Removal Under the Class Action Fairness Act
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.
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3/25/2011
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Briggs Attorneys Discuss Preserving Error in Trial Court
Briggs and Morgan shareholder Diane B. Bratvold and associate Amie Penny lay out the essentials of error preservation in order to achieve a successful appeal in DRI’s For the Defense article, “The Importance of Error Preservation”. In their article, the authors advise that failing to preserve error may prevent victory “before you even file a notice of appeal;” because, the reality is “if it’s not in the record developed in the trial court, it did not happen for the purposes of appeal.”
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3/1/2011
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Briggs Attorneys Discuss Twombly/Iqbal Decisions in The Hennepin Lawyer
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.
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2/2/2011
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Key Trends in Franchise Law
Shareholder Jay W. Schlosser discusses key trends in franchise law in the February issue of LJN’s Franchising Business & Law Alert.
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12/28/2010
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New 2011 Tax Laws for Landlords
In the National Association of Realtors December podcast, Briggs and Morgan shareholder Jerome A. Geis discusses how new 2011 tax laws will affect all landlords.
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11/1/2010
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Drafted and Prosecuted Patents
Gerald Helget has prosecuted to issuance over 940 patents. Click here to see a full list of those patents.
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6/11/2010
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Summary Judgments in Franchise Arbitrations
"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.
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Minnesota Employer Blog
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2/9/2009
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Minnesota Supreme Court Watch - 2008 in Review
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1/2/2009
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Financial Markets Brochure
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Financial Crisis Resources
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4/27/2010
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The Efficacy of Securities Arbitration and Proposals for Change
Financial Services Institute (FSI) member broker-dealers share their views on arbitration and current Congressional action impacting the financial-services industry.
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