Minnesota Lawyer articles from August 2007

Minnesota Lawyer archives from August 2007

With bridge's collapse, Minneapolis law firms kicked emergency systems into action.
August 6, 2007... Byline: Dan Heilman Julie Paleen was at her family cabin in northern Minnesota last Wednesday evening when the first news bulletins began coming in about the disastrous collapse of the 35W bridge in Minneapolis. Paleen, director of...

Managing partner of Minneapolis firm of Oppenheimer Wolf & Donnolly leaves to join consulting co.
August 6, 2007... Byline: Mark A. Cohen After just seven months as managing partner of the Minneapolis law firm of Oppenheimer Wolf & Donnolly, Tonia Schulz announced last week that she is leaving the 99-lawyer firm to take a position as executive vice...

Commentary: Don't sue a current client for fees.
August 6, 2007... Byline: Timothy M. Burke In most matters, lawyers want and expect to be paid for their services. When a lawyer is not paid, the lawyer often will want to take action to recover payment. The lawyer might write a letter, seek arbitration of...

U.S. Senate could slash IRS debt collection program.
August 6, 2007... Byline: Minnesota Lawyer Staff Reporter After House lawmakers vetting the budget for the upcoming fiscal year included funding to the controversial IRS private debt collection program - citing concerns that cutting funding would strip the...

Minnesota Lawyers in the News: August 6, 2007.
August 6, 2007... Byline: Minnesota Lawyer Staff Jeri L. Parkin has joined the real estate group at Messerli & Kramer P.A. Parkin practices in the areas of commercial real estate and business law. She earned her Bachelor of Science degree with honors from...

Commentary: 'Product-izing' a law practice adds value.
August 6, 2007... Byline: Edward Poll General Electric's aircraft sales force negotiates deals around the world. They submit purchase contracts to their prospective customers. When terms or the words of the contract need to be changed to meet customer...

Commentary: Book Review: The 'Constructive Divorce'.
August 6, 2007... Byline: Bill Ibelle In his early years as a divorce lawyer, Mark Chinn modeled his litigation style on the U.S. Marines, Hall of Fame linebacker Dick Butkus and a Viking war party. "I must confess that I have been guilty in the past of...

Minnesota Bar Buzz: August 6, 2007.
August 6, 2007... Byline: Minnesota Lawyer Staff Reporter Author, Author! Minneapolis attorney David Lebedoff was featured recently in the Strib's book review section with a review of "Fathers and Sons," a memoir by Alexander Waugh of his literary...

Following President Bush's actions, criminal defense lawyers pursuing 'Libby motions'.(Reprint)
August 6, 2007... Byline: Correy E. Stephenson Criminal defense attorneys have battled the federal sentencing guidelines since their inception. But even after the U.S. Supreme Court declared in U.S. v. Booker that the mandatory application of the...

Some big firms pay for the privilege of providing services pro bono.(Reprint)
August 6, 2007... Byline: Dick Dahl Pro bono work has long been viewed as a form of charity -- one lawyer representing one needy client on one case in an effort to "give something back" to the community. But that model is changing. The nation's...

Minnesota Legal Briefs: August 6, 2007.
August 6, 2007... Byline: Minnesota Lawyer Staff Reporter Jury's factual findings bind judge on equitable claims The Minnesota Supreme Court has determined that when a case involves both claims at law and claims for equitable relief, any essential...

Wanted: Good lawyers for a job with Minnesota Court of Appeals.
August 6, 2007... Byline: Dan Heilman If you've ever thought about applying for a seat on the Court of Appeals, now is the time to act. The odds likely will never be better. For the first time since the Court of Appeals was originally set up nearly a...

Minnesota attorney agrees to pay $335K to settle billing fraud claim.
August 6, 2007... Byline: Barbara L. Jones A Wayzata attorney has agreed to pay $335,000 to settle a former client's claims against him for fraudulent billing, breach of fiduciary duty and unjust enrichment stemming from a post-divorce property dispute. ...

Minnesota's Drug Courts battle addiction.
August 6, 2007... Byline: Michelle Lore Following her third arrest for the illegal use of prescription opiates, Clearwater resident Barb Klein attempted suicide. Paramedics were able to revive the former nurse, but she came out of the experience feeling...

Twin Cities legal community has a real, live hero in its midst.
August 13, 2007... Byline: Dan Heilman The Twin Cities legal community has a real, live hero in its midst, although he'd probably balk at the description. Will Barron, a summer associate at Bowman and Brooke in Minneapolis, found himself a block away from...

Woman suing for negligent security finds herself at the defendant's table.
August 13, 2007... Byline: Mark A. Cohen It was a horrific and much-publicized double murder. A woman's ex-boyfriend broke into her house at 4:30 a.m. and shot and killed her and her new boyfriend while the couple was still in bed. Making matters even worse,...

State not barred from arguing stop was legal, rules Minnesota Supreme Court.
August 13, 2007... Byline: Michelle Lore Even though a defendant successfully challenged the legality of a stop of his boat in an implied consent proceeding, the state was not barred from arguing in a subsequent DWI prosecution that the stop was, in fact,...

Twin cities law firms race to improve Employee Wellness.
August 13, 2007... Byline: Jane Pribek A professional dieter. That's how Phyllis Swanson, an accounts payable specialist with the finance department of Fredrikson & Byron in Minneapolis, describes herself for a sizeable portion of her adult life. "My...

One reason judicial elections here have been fairly staid: Businesses like Miinnesota courts.
August 13, 2007... Byline: Dan Heilman Perhaps one reason that Minnesota so far has escaped a highly charged big-money judicial election is that business interests, the typical contributors to such races, actually like our courts. Earlier this year,...

U.S. Tax Court approves loan of personal-injury settlement.
August 13, 2007... Byline: Reni Gertner A $1 million loan by a father from a personal injury settlement to a trust for his severely injured daughter is deductible from the value of the child's estate, the U.S. Tax Court has ruled. The father was awarded...

Minnesota's locality rule for medical malpractice.
August 13, 2007... Byline: Dan Heilman When medical malpractice law was in its infancy, states with few urban areas adopted a law meant to protect country doctors from lawsuits. The so-called locality rule, which originated in the 1880s, said that the...

Minnesota Bar Buzz: August 13, 2007.
August 13, 2007... Byline: Minnesota Lawyer Staff Reporter A historic vote in favor of preserving the high court's history If the past is indeed prologue, a vote at the Minnesota Judicial Center last week should help propel the state's highest court into...

Minnesota Legal Briefs: August 13, 2007.
August 13, 2007... Byline: Minnesota Lawyer Staff Reporter Lansing elected vice president of Uniform Law Commission Minnesota Court of Appeals Judge Harriet Lansing has been elected to serve a two-year term as vice-president of the Uniform Law...

Commentary: Do you know how you rate?
August 13, 2007... Byline: Edward Poll It's estimated by the American Bar Foundation that there are more than one million practicing lawyers in this country. Differentiating yourself in that kind of crowded market is a major challenge, and a number of...

Commentary: August starts with a week of contrasts.
August 13, 2007... Byline: Mark A. Cohen I don't often cite country song lyrics in my column, but I can't get the John Denver song, "Some Days are Diamonds (Some Days are Stones)," out of my head in reflecting on the odd conjunction of events that started...

Minnesota Lawyers in the News: August 13, 2007.
August 13, 2007... Byline: Minnesota Lawyer Staff Reporter Allen W. Hinderaker, an attorney with of Merchant & Gould, P.C., was recently inducted into the Litigation Counsel of America at the organization's Spring Conference and Induction of Fellows in New...

Commentary: Shopping suits: 15 years of litigation at the mall.
August 13, 2007... Byline: Marshall H. Tanick The Mall of America in Bloomington is commemorating its 15th anniversary this month. When the 4.2 million square foot facility opened on Aug. 11, 1992, it was the nation's largest indoor shopping site. But...

Minn. trial lawyers form consortium for representing victims of bridge collapse on pro bono basis.
August 20, 2007... Byline: Barbara L. Jones Several Minnesota trial lawyers are developing a consortium for the purpose of representing victims of the 35W bridge collapse on a pro bono basis. Their efforts are likely to contrast with the paid representation...

Hospital can be sued over O.R. privileges, rules Minnesota Supreme Court.
August 20, 2007... Byline: Michelle Lore In a unanimous decision, the Minnesota Supreme Court has recognized a common-law cause of action for the tort of negligent credentialing. The decision means that Mary Larson, who experienced severe complications...

Impasse continues over unionization effort by employees at Minnesota AG's office.
August 20, 2007... Byline: Dan Heilman Four months after a unionization effort by employees at Attorney General Lori Swanson's office came to light, the union and AG do not appear to be any closer to resolving their dispute. American Federation of State,...

Minnesota's law schools brace for annual influx of students.
August 20, 2007... Byline: Barbara L. Jones It's nearly back-to-school time at the state's four law schools and administrators and faculty are busy making lists and sharpening pencils for the incoming first-year students as well as the returning classes. ...

Minnesota's biggest little law conference: Strategic Solutions for Solo & Small Firms 2007.
August 20, 2007... Byline: Michelle Lore What could be better than spending two beautiful days on the shores of Minnesota's great Lake Superior, spending time with your family, eating good food and enjoying the fresh air? Getting 101/2 continuing legal...

Tips for practicing solo from Minneapolis solo practitioner.
August 20, 2007... Byline: Michelle Lore Client service is about being accessible and reaching expectations, according to Minneapolis solo practitioner Phillip Gainsley. "Without the client, we ain't nothing," he recently told a crowded room of solo and...

Democrats (so far) winning the Minnesota race for lawyer money for '08.
August 20, 2007... Byline: Dan Heilman If the money trail means anything, a disproportionate number of Minnesota's attorneys seem to be behind Democratic candidates so far in the 2008 election cycle. Minnesota Lawyer dug through public campaign...

Attorneys stepping in to help homeowners.(Reprint)
August 20, 2007... Byline: Reni Gertner As the number of foreclosures across the country skyrockets, attorneys are stepping in to help clients keep their homes. In most instances, something can be done to stop a foreclosure, said April Charney, an...

Cutting a swath in lawnmower accident suits.
August 20, 2007... Byline: Nora Lockwood Tooher In April 2004, 4-year-old Justin Simmons was playing at the southwestern Virginia home of his daycare providers, Roberta and Orvil Reedy. When Roberta stepped inside for a few minutes to change the diaper...

Sibling agreements: A planning tool that helps avoid elder care battles.
August 20, 2007... Byline: Justin Rebello The fastest-growing age group in the country, according to a U.S. Census report, are people aged 85 years and older, a demographic that is projected to increase by 20 million in the next forty years. That begs the...

Bench vacancies announced in 9th and 10th districts.
August 20, 2007... Byline: Minnesota Lawyer Staff Reporter Applications are being accepted for four trial court bench judgeships -- two in the 9th Judicial District and two in the 10th Judicial District. The 10th District judgeships and one of the 9th...

Minnesota Lawyers in the News: August 20, 2007.
August 20, 2007... Byline: Minnesota Lawyer Staff Reporter Lisa P. Harper, an associate with Bassford Remele, is moving to New York City to work with the Permanent Observer Mission of the Holy See to the United Nations. Harper was selected for the position by...

Commentary: Demonstrate to clients how you provide value.
August 20, 2007... Byline: Edward Poll Regular readers of this column know that I'm a firm advocate of value billing -- demonstrating to clients the worth as well as the cost of the legal services they receive, and billing them accordingly. Value billing...

Minnesota Bar Buzz: August 20, 2007.
August 20, 2007... Byline: Minnesota Lawyer Staff Reporter Lawyers and advocates break bread together at Briggs Lawyers and advocates for battered women got together over lunch recently to discuss balancing their roles with victim advocacy and...

Commentary: Does a law firm have a conscience?
August 20, 2007... Byline: Professor Neil Hamilton Ken Goodpaster, a University of St. Thomas business ethics professor, recently published "Conscience and Corporate Culture," an important book that analyzes the role of conscience, both personal and...

U.S. House passes bill to extend time for unequal pay claims.
August 20, 2007... Byline: Minnesota Lawyer Staff Reporter The U.S. House of Representatives has narrowly passed legislation that would extend the statute of limitations for employees filing pay discrimination suits. The bill, H.R. 2831, was drafted just...

Minnesota Supreme Court: Parents get new trial in Child Abuse Reporting Act case.
August 20, 2007... Byline: Minnesota Lawyer Staff Reporter The Minnesota Supreme Court has determined that the Child Abuse Reporting Act does not create civil liability for failure to report suspected child abuse to authorities. However, the high court...

Bill in Congress would bolster privilege claims.
August 20, 2007... Byline: Minnesota Lawyer Staff Reporter The U.S. House of Representatives is considering a measure that would bar federal prosecutors from requiring that corporate entities under investigation waive their attorney-client and work-product...

The discoverability of RAM data.
August 27, 2007... Byline: Correy E. Stephenson A discovery order in a recent federal case in California has raised the possibility that companies will be responsible for producing an even deeper level of electronically stored information. In what is...

E-discovery no longer just for techies.
August 27, 2007... Byline: Mark A. Cohen Once an obscure area known only to a select few practitioners, e-discovery has become more the rule than the exception in civil cases throughout Minnesota and the rest of the country. In fact, it's gotten to the point...

Minnesota Legal Briefs: August 27, 2007.
August 27, 2007... Byline: Minnesota Lawyer Staff Reporter Civil rights claim against correctional facility settles A civil rights claim brought against a state correctional facility and two corrections officers has been settled for $462,500. The...

Minnesota Bar Buzz: August 27, 2007.
August 27, 2007... Byline: Minnesota Lawyer Staff Reporter FindLaw has a Close call with new TV spots Legal-minded viewers who've tuned in to the FX series "Damages" (starring Glenn Close as hard-nosed attorney Patty Hewes) might have felt their ears...

Commentary: Hey partner, are you sure you're tenured?
August 27, 2007... Byline: Edward Poll A recent headline in The Wall Street Journal would have been unthinkable a decade ago: "Partnership Is No Longer a Tenured Position." The accompanying article talked about the phenomenon of "de-equitization" -- law...

Commentary: "ComplianceAlert" guides investment advisers and their attorneys.
August 27, 2007... Byline: James J. Eccleston As part of its compliance outreach program, the Securities and Exchange Commission has decided to publicize some of the deficiencies and weaknesses that it has uncovered during its examinations of financial...

Commentary: Appellate court addresses trio of obstruction cases.
August 27, 2007... Byline: Marshall H. Tanick The wheels of justice, it is said, move slowly. They can proceed with even less alacrity when someone obstructs the process. A pair of criminal defendants in Minnesota recently felt that they were rolled over...

Minnesota Lawyers in the News: August 27, 2007.
August 27, 2007... Byline: Minnesota Lawyer Staff Reporter Jeffrey Saunders has joined the Minneapolis office of Dorsey & Whitney LLP as a partner in the corporate group. Saunders will focus on corporate finance, mergers and acquisitions and health-care law....

Vacancy announced on 7th Judicial District bench.
August 27, 2007... Byline: Minnesota Lawyer Staff Reporter Applications are being accepted for a 7th Judicial District trial court bench vacancy that will occur with the retirement of Judge Thomas P. Schroeder on Oct. 26, 2007. The Minnesota Supreme Court...

Commentary: The sky's the limit on billable rates now!
August 27, 2007... Byline: Mark A. Cohen The word came in last week from that Rupert Murdoch rag -- the Wall Street Journal -- a handful of our brothers and sisters in the bar in New York City are now charging fees of $1,000 an hour or more. As New York...

Minneapolis attorneys see increase in online defamation cases.
August 27, 2007... Byline: Dan Heilman Anyone who frequents blogs, chat rooms or online discussion forums has no doubt witnessed -- or perhaps even participated in -- conversations that turn heated, sometimes disintegrating to the point of obscenity, threats...

Military bias claim against ex-employer can go forward, rules U.S. District Court judge.
August 27, 2007... Byline: Barbara L. Jones A Marine's claim that he was fired for asserting his rights to miss work for medical treatment for illnesses incurred at least in part while on active duty in Iraq may go forward, a federal judge has ruled. The...

Mechanic's lien retains priority over later mortgage, rules Minn. Supreme Court.
August 27, 2007... Byline: Barbara L. Jones A mechanic's lien that was perfected before a mortgage was granted retains its priority even where the mortgagee was not made a party to the ensuing foreclosure lawsuit, the Supreme Court has ruled. It was not...

A day in the life of: An Anoka public defender.
August 27, 2007... Byline: Michelle Lore Editor's note: Minnesota Lawyer associate editor Michelle Lore shadowed Assistant Anoka County Public Defender Jennifer Pradt for a day last month to give readers an insider's view of a "day in the life" of a public...

Minneapolis attorney goes from the boardroom to the Iraqi desert.
August 27, 2007... Byline: Dan Heilman When Minneapolis attorney Peter Swanson enlisted in the Army at age 20, he probably didn't realize that it would dovetail with a career in law. But 19 years later, Swanson, until recently a corporate counsel for TCF...

Twin Cities law professors find blogs a handy venue.
August 27, 2007... Byline: Dan Heilman If the phenomenon of blogging has done nothing else, it's encouraged academics and experts in all fields to provide readers with regularly updated bits of wisdom and opinion from their specialized fields. And law...