Minnesota Lawyer articles from August 2006

Minnesota Lawyer archives from August 2006

Minneapolis-based law firm of Fredrikson & Byron scores with Kevin Goodno.
August 7, 2006... Byline: Mark A. Cohen In the close-knit world of Minnesota lobbyists, Fredrikson & Byron scored the equivalent of a home run with its announcement last month that Minnesota Department of Human Services Commissioner Kevin Goodno was leaving...

Retaliation claims have more teeth now.(Northern Santa Fe Railway Co. accused for retaliation)
August 7, 2006... Byline: Barbara L. Jones Advising employers to be careful when responding to employees who have brought discrimination claims has always been on defense lawyers' agendas -- but in light of a recent U.S. Supreme Court case it may be time to...

MN State Bar Assn. ask judicial candidates to voluntarily restrict campaigns.
August 7, 2006... Byline: Barbara L. Jones The Minnesota State Bar Association (MSBA) late last month sent out a letter to judicial candidates asking them to sign an "affirmation" agreeing to voluntary limits on how they will conduct their judicial...

Race for Ramsey County District Court seat heating up.
August 7, 2006... Byline: Michelle Lore Only one judge in the 2nd Judicial District is involved in a contested race this fall -- and she's facing two challengers. Ramsey County District Court Judge Elena L. Ostby, who was appointed to the bench by Gov....

Commentary: SBA loan guarantees -- are they any good for lawyers?
August 7, 2006... Byline: Edward Poll In an earlier "Coach's Corner" we discussed how to qualify for and seek a loan from your bank. (See "Do you want a bank loan? Then make sure you qualify," in the May 1, 2006, issue of Minnesota Lawyer.) There are,...

A Big 10 cheer for courts ending eminent domain abuse.
August 7, 2006... Byline: Nick Dranias With its recent decision in Norwood v. Horney, Ohio joined Michigan in recognizing greater protections against eminent domain abuse under its state constitution than five U.S. Supreme Court justices recognized under...

Commentary: Appellate actions address antenuptial agreement attacks.
August 7, 2006... Byline: Marshall H. Tanick Trends in wedding garb and ceremonies may come and go, but antenuptial agreements are never out of fashion. These premarital instruments in which aspiring spouses generally renounce an interest in the other's...

Minnesota Supreme Court rules corporate policy may cover attack by sole shareholder.
August 7, 2006... Byline: Minnesota Lawyer Staff Reporter The Minnesota Supreme Court ruled last week that it is a question of fact whether coverage is available under a corporate insurance policy for injuries to a third party from an attack perpetrated on a...

Competent representation requires knowledge of procedure.
August 7, 2006... Byline: Cassie B. Hanson Rule 1.1 of the Minnesota Rules of Professional Conduct (MRPC) requires that lawyers provide competent representation to their clients. A lawyer is expected to be familiar with well-established principles of law...

MN Lawyers in the News: August 7, 2006.(Patrick Schiltz)(Pendleton Gaines )(Terri Krivosha)(Ann Burns)
August 7, 2006... Byline: Minnesota Lawyer Staff Judge is not a blowhard The U.S. District Court's newest judge, Patrick Schiltz, who was sworn in on May 30, probably isn't even unpacked but he's already issuing orders. Bar Buzz was taken with a July 31...

Wanted: real estate lawyers.(shortage of real estate attorneys in law firms)
August 14, 2006... Byline: Michael Krieger Those who like to say, "There are too many lawyers," haven't visited a real estate group lately. Many large- and mid-sized law firms in the Twin Cities say they are running short on property attorneys, and the...

MN Court of Appeals grants rare writ; child deplaned just before flight.(Minnesota)(case of Akie Suzuki)(Case overview)
August 14, 2006... Byline: Barbara L. Jones The Minnesota Court of Appeals earlier this month issued a highly unusual emergency writ restraining enforcement of a District Court judge's decision to return a 13-year-old Japanese girl to her native country...

Small-firm, solo-practitioners convene for conference in Duluth.(Strategic Solutions for Solo and Small Firms)(Minnesota Board of Continuing Legal Education)
August 14, 2006... Byline: Michelle Lore Solo and small firm practitioners from all over the state were treated to great scenery, warm weather, good food and the camaraderie of their peers for 2 1/2 days in Duluth last week. All of that on top of an...

Assessing your law firm's online marketing strategy.(importance of websites for a law firm)
August 14, 2006... Byline: Michelle Lore There is no good reason for a law firm not to have a Website, at least according to Web designer Brendan Chard, who last week spoke at a conference devoted to solo and small firm practitioners. A Website need not...

MN Bar Buzz: August 14, 2006.(Minnesota)(Mall of America Co. is on high terrorism alert)(Jeffrey P. Riddell, uses identity of Jeffrey Riddell who is a lawyer)
August 14, 2006... Byline: Minnesota Lawyer Staff Ten more reasons to dispense with 'Top 10' lists Bar Buzz was sifting through its press releases last week when one from William Mitchell College of Law caught our eye. The release was sent on Aug. 10,...

Volunteer lawyers from Ramsey County Bar Association create memories for St. Paul families.
August 14, 2006... Byline: Minnesota Lawyer Staff Reporter Volunteer attorneys from the Ramsey County Bar Association (RCBA), along with staff from St. Paul Public Schools, held the 13th annual Families First Picnic on Saturday, July 22. Nearly 250 children...

Commentary: How to choose the right bank for your firm.
August 14, 2006... Byline: Edward Poll Not every lawyer can properly represent every client. Just as logically, not every bank is appropriate for every lawyer. Lawyers should look for a bank that can handle the needs of their firms as well as their personal...

Commentary: No wonder trial lawyers don't get good PR.
August 14, 2006... Byline: David Yas (This article originally ran in MA Lawyers Weekly, Boston, MA, another Dolan Media publication.) I like to think that I'm a pretty decent guy to invite to a party. I know a couple of knock-knock jokes and I'm not a...

A response to LaVern Pritchard's review of mncourts.gov.(Minnesota)(Letter to the editor)
August 14, 2006... To the editor: I wish LaVern Pritchard had contacted us before he reviewed our new Minnesota courts website www.mncourts.gov (See A First Look at mncourts.gov in the July 17 edition of Minnesota Lawyer.) If he had, he would have...

MN Legal Briefs: August 13, 2006.(Minnesota)(Ronald J. Schutz elected as chairman Center of the American Experiment)(Thomas J. Shroyer re-elected as chairman of Courage Center Foundation)(Mychal A. Bruggeman, Tim L. Droel, Marilyn J. Rosberg join Mackall, Crounse and Moore)
August 14, 2006... Byline: Minnesota Lawyer Staff Reporter Ronald J. Schutz, a partner at Robins, Kaplan, Miller & Ciresi L.L.P., has been elected Chair of the Board of the Center of the American Experiment, a nonpartisan think tank that advances conservative...

Commentary: Eighth Circuit looms large in abortion battle.
August 14, 2006... Byline: Marshall H. Tanick The 8th U.S. Circuit Court of Appeals has become the legal epicenter for the battle over abortion. When the U.S. Supreme Court reconvenes for its 2006-07 term in October, it will take up the latest abortion...

'Blakely' requires an express waiver of jury-trial right, rules MN Supreme Court.(Minnesota)(Blakely v. Washington)
August 14, 2006... Byline: Minnesota Lawyer Staff Reporter The Minnesota Supreme Court last week ruled that an upward sentencing departure based on facts admitted by a defendant violated the defendant's right to a jury trial where the defendant had not...

Real Estate Law 101.(five important things about property law which attorneys should know)
August 14, 2006... Byline: Jane Pribek There's a reason property law is among the first classes required in law school -- property is everywhere, both literally and figuratively. Property law isn't a discrete endeavor. Rather, as Minnesota Lawyer...

Attorney specialization gains popularity in Minnesota.(certification program for real property lawyers from the Minnesota State Bar Association)
August 14, 2006... Byline: Jane Pribek In Minnesota's legal community, one aspect that makes 877 attorneys "special" is they have been certified as specialists by the state. Among that group, more than a third earned a real property specialist...

Tips and trends in real estate law.
August 14, 2006... Byline: Jane Pribek Beware of online legal descriptions. Ahhh, the Internet. Convenient, yes. Infallible, no. In the family law context, transferring a property title after divorce is a common event. Donald L. Enockson, an...

Minnesota Lawyer survey: Eminent domain tops list of 'hot' issues in real estate.
August 14, 2006... Byline: Minnesota Lawyer Staff Reporter Minnesota Lawyer sent out a survey to certified real property specialists asking them what they saw as important issues for developers and practitioners in the field. Not surprisingly, the...

More than just spin.(Legal marketing as a profession)
August 21, 2006... Byline: Jane Pribek With law firms looking for an edge in a competitive legal-services landscape, there is a growing demand for legal marketers in the Twin Cities. Top marketers now pull down six-figure salaries in an industry that...

U.S. Circuit Court of Appeals upholds award under MD's sales representative termination act.
August 21, 2006... Byline: Barbara L. Jones A three judge-panel of the 8th U.S. Circuit Court of Appeals last week upheld a jury's award of $1.05 million under the Minnesota Termination of Sales Representatives Act. The statute -- Minn. Stat. sec....

Univ. of St. Thomas School of Law establishes a center for ethical leadership.
August 21, 2006... Byline: Barbara L. Jones The University of St. Thomas School of Law announced the establishment of the Thomas E. Holloran Center for Ethical Leadership in the Professions on Aug. 15, with a celebratory dinner at the Minneapolis Club. It is...

6th District judicial candidates are hot on the campaign trail.(Shaun R. Floerke )(Tim Little )(Paul Lacy)
August 21, 2006... Byline: Michelle Lore Sixth Judicial District Court Judge Shaun R. Floerke is one of three Minnesota judges competing for their seats in the primary next month. On Sept. 12, Floerke -- appointed by Gov. Tim Pawlenty two years ago --...

More patent cases are being taken on contingency fee basis.
August 21, 2006... Byline: Sylvia Hsieh (This article originally appeared in Lawyers USA, another Dolan Media publication). A growing number of law firms are willing to share the risk of patent litigation by taking cases on a contingency fee basis. ...

Former MN Supreme Court Justice Rosalie Wahl receives Ann Bancroft Award.(Minnesota Supreme Court )(Brief article)
August 21, 2006... Byline: Minnesota Lawyer Staff Reporter Former Minnesota Supreme Court Justice Rosalie Wahl has been named a recipient of the Ann Bancroft Award. The 10th annual Ann Bancroft Awards will be held Tuesday, Sept. 26, 2006, at Orchestra...

Iowa explosion victims awarded $9.6M.
August 21, 2006... Byline: Minnesota Lawyer Staff Reporter Inver Grove Heights attorney Gregory N. McEwen and his Iowa colleague, Don Beattie, have secured a $9.6 million verdict for two victims of an anhydrous ammonia tank explosion that occurred in Calamus,...

Commentary: Are small firms that can't afford legal malpractice insurance a public danger?
August 21, 2006... Byline: Edward Poll (This article originally ran in Massachusetts Lawyers Weekly, Boston, MA, another Dolan Media publication.) Centuries ago, Massachusetts lawyers established the fundamental principle of "no taxation without...

Commentary: Watch for the hidden malpractice traps within law firms.
August 21, 2006... Byline: Nancy Byerly Jones (This article originally appeared in Lawyers USA, another Dolan Media publication). There are a number of all-too-well-known malpractice and grievance traps: conflicts of interest, missed deadlines, lack of...

MN Supreme Courtrules malpractice case over antenuptial agreement is time-barred.
August 21, 2006... Byline: Minnesota Lawyer Staff In a case closely watched by the legal community, a divided Minnesota Supreme Court has ruled that the statute of limitations in a legal malpractice claim for negligent preparation of an antenuptial agreement...

Three judicial vacancies in Seventh Judicial District.
August 21, 2006... Byline: Minnesota Lawyer Applications are now being accepted for three trial court bench vacancies in the Seventh Judicial District. The vacancies are due to the upcoming retirements of Judge Thomas Godzala on Aug. 31, Judge Bernard E....

Judicial Council receives transcript rate increase request.(Brief article)
August 21, 2006... Byline: Minnesota Lawyer Staff The Minnesota Judicial Council has received a request from the Teamster's Local 320 for two transcript rate increases: 1) an increase in the transcript rate for in forma pauperis cases involving sexual...

Washington County offers streamlined traffic hearings.
August 21, 2006... Byline: Minnesota Lawyer Staff Beginning Sept. 1, people with traffic tickets issued in Washington County can resolve most minor offenses without a court hearing. A new Violations Bureau is being added to the Washington County Courts...

Commentary: How listening builds relationships, success in law practice.
August 21, 2006... Byline: Neil Hamilton and Andy Pieper Take a moment and consider the names of the best listeners you know. Write down their listening characteristics. Are they responsive? Caring? Respectful? Patient? Empathic? Understanding? Next,...

MN Lawyers in the News: August 21, 2006.
August 21, 2006... Byline: Minnesota Lawyer Staff J. Robert Keena, a partner with the Eden Prairie law firm of Hellmuth & Johnson, PLLC, has been named to the firm's Board of Governors. He has also been selected to chair the firm's Litigation Practice Group....

Commentary: Appellate Court answers questions of trust.
August 21, 2006... Byline: Marshall H. Tanick Family members and friends are usually the natural bounty of testamentary dispositions. But occasionally what seems natural turns unnatural when family and friends feud like the Hatfields and McCoys in dividing...

The 'Anonymous Lawyer' publishes a book based on a blog.
August 21, 2006... Byline: Correy E. Stephenson It's the 21st century version of being discovered. In March 2004, a new blog was launched from the perspective of a fictional hiring partner at a large law firm in a major city. Biting, sarcastic and at times...

American Bar Association names new executive director.
August 21, 2006... Byline: Minnesota Lawyer Staff The American Bar Association (ABA) recently named Henry F. White Jr., current president of the Institute of International Container Lessors -- the trade association for the worldwide container and chassis...

Colorado attorney begins term as American Bar Association president.(attorney Karen J. Mathis is appointed as president of American Bar Association)(Brief article)
August 21, 2006... Byline: Minnesota Lawyer Staff Denver, Colo., attorney Karen J. Mathis earlier this month took over as president of the American Bar Association (ABA). Seattle lawyer William H. Neukom became president-elect. Mathis is a business,...

MN Bar Buzz: August 21, 2006.(Minnesota)(University of St. Thomas - Thomas Holloran)(Holloran Center for Ethical Leadership in the Professions)
August 21, 2006... Byline: Minnesota Lawyer Staff Perhaps St. Thomas should have planned a luau... The University of St. Thomas last week held a swanky reception and dinner at the Minneapolis Club to officially announce the establishment of the Holloran...

Minneapolis law firm denied membership in Twin Cities Diversity in Practice consortium.(Maslon Edelman Borman and Brand L.L.P.)
August 28, 2006... Byline: Barbara L. Jones The Minneapolis law firm of Maslon, Edelman, Borman and Brand wants to join a local consortium of firms promoting diversity in the state's bar -- but so far the group won't let it. Twin Cities Diversity in...

MN Supreme Court amends criminal rules to comply with 'Blakely' cases.(Minnesota)
August 28, 2006... Byline: Michelle Lore The Minnesota Supreme Court recently amended the state's rules of criminal procedure to bring them into compliance with court decisions that mandate a jury, not a judge, determine the existence of factors supporting...

Minnesota State Bar Association's Katrina relief efforts are ongoing.
August 28, 2006... Byline: Michelle Lore It's been one year since disaster struck the Gulf Coast. Late in August of last year Hurricane Katrina wreaked havoc in the southern parts of Louisiana, Mississippi and Alabama, taking thousands of lives and wiping...

Minnesota Lawyer unveils judicial election website.
August 28, 2006... Byline: Minnesota Lawyer Staff Minnesota Lawyer is pleased to announce the unveiling of our 2006 judicial election website. The site -- which will be accessible through www.minnlawyer.com starting this Wednesday -- initially will...

Minnesota defense attorneys seek to crack the Intoxilyzer code.
August 28, 2006... Byline: Barbara L. Jones Procuring the Intoxilyzer source code may not be quite as difficult as cracking the DaVinci code, but then again Tom Hanks never had to deal with trade secrets. Minnesota lawyers have joined a national trend of...

Patrick Sauter will head Minnesota Defense Lawyers Association.
August 28, 2006... Byline: Minnesota Staff Reporter Officers were elected at the annual meeting of the Minnesota Defense Lawyers Association (MDLA) held recently in Duluth. Elected were Patrick J. Sauter, president; Paul A. Rajkowski, vice president; Kay...

MN Bar Buzz: August 28, 2006.(The Eden Prairie law firm of Hellmuth & Johnson, PLLC, and The Business Building Network (BBN) last week launched live reality broadcast.)(A Roseville attorney punished by U.S. District Court Judge James Rosenbaum.)(Thomson Financial -- which has been using computers to generate some stories since last spring -- plans to expand the practice.)
August 28, 2006... Byline: Minnesota Lawyer Staff Reporter Snakes in a courtroom Bar Buzz hasn't seen the movie Snakes on a Plane and doesn't plan to but understands from the relentless publicity that it involves an FBI agent bringing a witness to court...

Snakes in a courtroom.
August 28, 2006... Byline: Minnesota Lawyer Staff Reporter Snakes in a courtroom Bar Buzz hasn't seen the movie Snakes on a Plane and doesn't plan to but understands from the relentless publicity that it involves an FBI agent bringing a witness to court...

Loyal Mdewakanton victorious at U.S. Court of Federal Claims.(Brief article)
August 28, 2006... Byline: Minnesota Lawyer Staff Reporter Thousands of plaintiffs and intervenors who claim they are the trust beneficiaries of the reservation lands at Shakopee, Prairie Island and Lower Sioux Indian Communities were victorious at the U.S....

Commentary: Communications gaps that drive clients crazy.
August 28, 2006... Byline: Edward Poll (This article was originally published in MA Lawyers Weekly, Boston, MA, another Dolan Media publication.) I've written many times in this column that most disciplinary actions filed against lawyers are from their...

Commentary: I fought the blog, and the blog won.
August 28, 2006... Byline: David Yas (This article originally ran in MA Lawyers Weekly, Boston, MA, another Dolan Media publication.) Have you blogged recently? Have you been blogged? They sound like deeply personal questions, I know. But for those...

Commentary: Securities regulators issue new warnings regarding hedge funds.
August 28, 2006... Byline: James J. Eccleston The New York Stock Exchange (NYSE) recently published, "Hedge Fund Investing -- Is It a Suitable Investment For You?" That publication, available on the NYSE's website, is one of several pronouncements that...

Commentary: Leading ethically by example.(University of St. Thomas's Holloran Center for Ethical Leadership in the Professions)
August 28, 2006... Byline: Mark A. Cohen A few weeks ago I had the pleasure of attending a reception and dinner at the Minneapolis Club to celebrate the University of St. Thomas' establishment of the Holloran Center for Ethical Leadership in the Professions....

Commentary: High court rulings could impact Minnesota -- or maybe not.
August 28, 2006... Byline: Marshall H. Tanick Although there were no cases from Minnesota decided by the U.S. Supreme Court during the 2005-06 term, a pair of its most important, and controversial, decisions may have a significant impact on Minnesota...