Minnesota Lawyer articles from February 2007

Minnesota Lawyer archives from February 2007

The art of the oral argument.(legal practice)(Appellate Practice Institute seminar)(Discussion)
February 5, 2007... Byline: Michelle Lore To have any chance of success on appeal, it's essential to address the downsides of your case up front -- both in your brief and at the oral argument. That's the consensus of state Supreme Court Justices Lorie...

When the feds come a knockin'.(how to handle white collar crimes)
February 5, 2007... Byline: Michelle Lore You are a civil practitioner sitting in your office preparing an answer to a products-liability complaint when your phone rings. On the other end of the line is the CEO of a large corporate client -- frantic because a...

Oppenheimer firm unveils innovative management structure.(Oppenheimer Wolff and Donnelly)
February 5, 2007... Byline: Barbara L. Jones Becoming president or managing partner of a law firm is a tremendous achievement often made possible by a successful career practicing law. The bad news is that sometimes the demands of being promoted to the firm's...

Connect with clients through e-mail newsletters.
February 5, 2007... Byline: Nora Lockwood Tooher Many lawyers -- especially those in small law firms -- hesitate to develop e-mail newsletters because they're concerned about the amount of work involved. They needn't worry, said Trey Ryder, a legal...

Legal Aid hopes 2007 is a good budget year.
February 5, 2007... Byline: Barbara L. Jones The financial picture at Legal Aid is starting to brighten -- a little. The budget increases received from the state by Legal Aid organizations in 2005 allowed them to catch up -- mostly -- after four financially...

Financial advisor helps young attorneys make transition to real world.
February 5, 2007... Byline: Justin Rebello The adjustment from college to the working world is no cakewalk for any young professional, and young lawyers are no exception. Thomas A. Haunty, a Certified Financial Planner (CFP) based in Madison, Wis.,...

Minn. Supreme Court rules buyer of Torrens property not a good-faith purchaser.(M & I Bank FSB)(Brief article)
February 5, 2007... Byline: Minnesota Lawyer Staff Reporter The Minnesota Supreme Court has ruled that a purchaser of Torrens property who has actual knowledge of a prior, unregistered interest in the property is not a good faith purchaser. The decision...

Attorney-client privilege bill reintroduced in U.S. Senate.(Brief article)
February 5, 2007... Byline: Minnesota Lawyer Staff Proposed legislation that would prohibit government prosecutors from pressuring companies to waive the attorney-client privilege has been reintroduced in the Senate. The bill comes on the heels of new...

ABA policy-making committee to consider proposals.(American Bar Association's meeting)(Brief article)
February 5, 2007... Byline: Minnesota Lawyer Staff The American Bar Association's House of Delegates will meet during the association's Midyear Meeting, which runs from Feb. 7-13 in Miami, Fla. The policy-making body of the ABA will meet on Feb. 12-13 to...

Commentary: How law-firm management resembles a trailer purchase.
February 5, 2007... Byline: Edward Poll Often the best lessons in life are those that we never anticipate. I've been reminded of that in recent months as my wife and I decided to purchase, refurbish, register and take trips in a vintage Airstream trailer. The...

Estate tax reform/repeal: What's a charity to do?
February 5, 2007... Byline: Jeffrey A. Baskies Many of us are actively involved with a wide range of charitable institutions. One question that arises in the current climate is: what should charities do or say with respect to the estate tax repeal/reform...

Minnesota Lawyers in the News: February 5, 2007.
February 5, 2007... Byline: Minnesota Lawyer Staff Rachel B. Rosen has joined the Business & Corporate Law practice at Hellmuth & Johnson. In addition to serving as general counsel to a range of business clients, Rosen has practiced extensively in the area of...

Minnesota Bar Buzz: February 5, 2007.
February 5, 2007... Byline: Minnesota Lawyer Staff MAIBA involvement has Soule all wrapped up Minneapolis attorney George Soule displays a Pendleton blanket presented to him by the Minnesota American Indian Bar Association. Soule served as president of...

Customers drop Taco John's in E.Coli lawsuit in Iowa.
February 12, 2007... Byline: Minnesota Lawyer Staff Taco John's has been dismissed from a series of lawsuits filed by customers who contracted E. Coli after eating at restaurants in Iowa in December, according to court papers. Lawyers for Angela Saul and...

8th U.S. Circuit Court of Appeals to hear Christian prison program case in Iowa.
February 12, 2007... Byline: Minnesota Lawyer Staff A federal appeals court panel of three judges including former U.S. Supreme Court Justice Sandra Day O'Connor will hear arguments this week in a case that challenges President Bush's policy of intermingling...

Nebraska Supreme Court rejects bid for trooper's benefits.(Brief article)
February 12, 2007... Byline: Minnesota Lawyer Staff The family of a state trooper who killed himself after the 2002 Norfolk bank slayings should not be entitled to workers' compensation benefits, the state Supreme Court has ruled. About a week before the...

Nebraska Supreme Court hears challenge to school aid formula.(Nebraska Constitution)(Brief article)
February 12, 2007... Byline: Minnesota Lawyer Staff The Nebraska Constitution guarantees children the right to free education. But the quality of that education is determined by the Legislature -- and lawyers representing 34 of the state's smallest schools...

Woman sues Fargo over high traffic fines.
February 12, 2007... Byline: Minnesota Lawyer Staff A woman says the city of Fargo has been breaking the law by overcharging people for traffic violations. Stephanie Sauby, a day care worker, has filed a lawsuit in federal court on behalf of all drivers...

Red River Valley candy company files lawsuit over websites.
February 12, 2007... Byline: Minnesota Lawyer Staff A Red River Valley candy company known for its chocolate-covered potato chips says a Fargo woman is using the Internet to steal profits, a practice known as cybersquatting. Widman's Candy Co., which has...

Judge allows Wiccan lawsuit to proceed.
February 12, 2007... Byline: Minnesota Lawyer Staff A federal lawsuit filed by Wiccans against the U.S. Department of Veterans Affairs will proceed despite a request by the VA that it be put on hold for perhaps as much as a year. The lawsuit -- filed in...

3rd District Court of Appeals revives wrongful death lawsuit.(Brief article)
February 12, 2007... Byline: Minnesota Lawyer Staff A state appeals court has revived a wrongful death lawsuit in a dispute over whether a family and its insurance company could be liable because a teenager who drove through a stop sign and caused a fatal...

State of Wisconsin appeals order on taxability of software.
February 12, 2007... Byline: Minnesota Lawyer Staff The state announced last week that it will ask the Wisconsin Supreme Court to take up a case that could cost taxpayers more than $250 million. At issue is whether the state Department of Revenue correctly...

Big firms initiate $alaryWars.(big salaries for lawyers)
February 12, 2007... Byline: Barbara L. Jones Another round of salary wars has driven the starting pay of the state's largest law firms up to $120,000. The 14-percent increase has already been implemented or is in the offing at some firms, which previously...

Minn. Court of Appeals rules defamation damages can be presumed.
February 12, 2007... Byline: Mark A. Cohen A former Moose Lake police officer is entitled to recover in a defamation action against an individual who called him "Pat the Pedophile" in a phone conversation with one of the officer's acquaintances, the Court of...

Litigation traps for the unwary -- and how to avoid them.
February 12, 2007... Byline: Michelle Lore A defense attorney representing a boiler maker in a products-liability case relies on its in-house counsel's concession that the company failed to provide adequate warning of the boiler's dangers. The attorney also...

Lawyers and listservs: A match made in cyberspace.
February 12, 2007... Byline: Michelle Lore How helpful are listservs to lawyers? Roseville attorney Rebecca Rhoda Fisher wanted to know if there were any trial court opinions on a complicated criminal law issue that hadn't yet been addressed by the appellate...

Lawmakers in Minn. begin their look at public defense budget.(Senate Judiciary Budget Committee)
February 12, 2007... Byline: Barbara L. Jones The Senate Judiciary Budget Committee held its first meeting on the public defender budget last week. Committee hearings in the House are slated for next week. The Board of Public Defense has submitted requests...

Client surveys slow to catch on as a legal marketing tool.
February 12, 2007... Byline: Dick Dahl Client surveys are slowly being recognized as a viable marketing tool by law firms, but the profession still lags far behind the rest of the business world. Client feedback is a normal part of an intelligent marketing...

Trial lawyers optimistic new Congress will be friendlier.
February 12, 2007... Byline: Nora Lockwood Tooher With a new name and a Democratic majority in Congress, the national plaintiff lawyers' organization formerly known as the Association of Trial Lawyers of America is optimistic that the battering it has taken...

Many lawyers participated in drafting of letter to lawmakers.
February 12, 2007... Byline: Letter to the Editor I noted the Bar Buzz discussion in the Jan. 29, 2007, issue of Minnesota Lawyer regarding the letter to the Minnesota congressional delegation about the revocation of the writ of habeas corpus to Guantanamo Bay...

Minnesota Legal Briefs: February 12, 2007.
February 12, 2007... Byline: Minnesota Lawyer Staff Reporter John A. Mack has joined Grannis & Hauge, P.A., where he will focus on workplace investigations and employment law counseling, particularly in the area of workplace bullying. William Bernard, Jeffrey...

Commentary: Valentine's Day is at the heart of some Minn. litigation.
February 12, 2007... Byline: Marshall H. Tanick Valentine's Day, which falls on Wednesday, Feb. 14, is supposed to be the day for romance. But, like many other commemorative days, it also has been at the heart of litigation in the federal and state courts...

Commentary: Do you fear success?(lawyers)(Column)
February 12, 2007... Byline: Edward Poll I ended a recent column on success in 2007 by suggesting that you should be certain that you want to succeed. During the holidays, I participated in a fascinating e-mail exchange with members of an online listserv...

Be prepared: Think like a thief.(fraud prevention)
February 12, 2007... Byline: Tracy Coenen Fraud is committed by real people. They have real families and real jobs. They often are just like you and me. But what makes thieves different from a lot of us is their ability to lie and steal. Most of us would never...

Minnesota Bar Buzz: February 12, 2007.(Abraham Lincoln)(Minnesota News Council appointed James Gilbert)(Law Blog honoured Alan Page)(Abraham Lincoln)
February 12, 2007... Byline: Minnesota Lawyer Staff Reporter Happy birthday, Mr. President Abraham Lincoln was not, of course, a Minnesota lawyer. But as an Illinois attorney and senator, he certainly can be claimed as a Midwest lawyer. Bar Buzz...

Across the Region.(Taco John's International Inc. case)(Widman's Candy Co.'s trademark case)(city of Fargo case of overcharging people for traffic violations)
February 12, 2007... Byline: Minnesota Lawyer Staff Reporter IOWA Customers drop Taco John's in E.Coli lawsuit Taco John's has been dismissed from a series of lawsuits filed by customers who contracted E. Coli after eating at restaurants in Iowa in...

Former FBI agent wins discrimination case.
February 12, 2007... Byline: Minnesota Lawyer Staff Reporter A federal District Court jury in Minneapolis awarded $565,000 in damages last week to a former FBI agent, agreeing that Jane Turner's superiors retaliated against her for filing a sex-discrimination...

Hennepin DWI Court off to a 'slow and steady' start.
February 19, 2007... Byline: Dan Heilman The offender standing before Judge John Holahan in Hennepin County's DWI Court wasn't a product of skid row or a sociopathic barfly. In fact, he was an attorney. But he was in Holahan's court because, as a second-degree...

Senate seeks oversight of Minn. Judicial Standards Board.(Minessota)(appointment of executive secretary and judges)
February 19, 2007... Byline: Barbara L. Jones Under a recently proposed bill, state Senators would vote on whether the current executive secretary to the Board on Judicial Standards gets to stay and also have input on who gets to serve in the post in the...

At law firms, heavy lies the head that wears the crown.
February 19, 2007... Byline: Barbara L. Jones A sign with an arrow on it points to the left out of former Briggs and Morgan CEO Richard Mark's front door. It says "Maclin's office -- go there." It's a sign of leadership transition at the Minneapolis firm,...

Minn. Court of Appeals rules homeowner had duty to protect guest from abuse.
February 19, 2007... Byline: Barbara L. Jones A woman who allowed a teenager to live in her home had a special relationship with the girl sufficient to create a duty to protect her against sexual assault by an adult male residing with them, the Court of...

Virtual world draws real-life lawyers.(Second Life)
February 19, 2007... Byline: Dick Dahl Second Life, the wildly popular virtual 3D world, now claims nearly 3.5 million members and an actual economy in which more than $1 million changes hands every day. But this new frontier remains a Wild West world that...

Minn. Supreme Court clarifies workers' compensation sanction.
February 19, 2007... Byline: Mark A. Cohen In a workers' compensation case, an injured employee who failed to notify his employer that he was settling his tort suit against a third-party tortfeasor should not be made to forfeit his statutory right to retain a...

Can one position paper stop mold litigation?
February 19, 2007... Byline: Correy E. Stephenson When mold litigation burst on the scene, experts predicted the flurry of property damage and personal injury suits would be the next big litigation trend. But over the last few years, mold victories have...

Minnesota mold cases often rotten for plaintiffs.
February 19, 2007... Byline: Dan Heilman Between a controversial position paper (see main story) and the state's relatively strict standards for admission of expert testimony, it can be extremely difficult for a toxic mold plaintiff to win in Minnesota,...

Minnesota Bar Buzz: February 19, 2007.
February 19, 2007... Byline: Minnesota Lawyer Staff Going the extra step to fight cystic fibrosis Briggs and Morgan shareholder Charles W. Johnson recently bonded with his family in a particularly meaningful way. The Johnson troop (along with 700 other...

Minnesota Legal Briefs: February 19, 2007.
February 19, 2007... Byline: Minnesota Lawyer Staff Arbitration decision reinstated in Kinkade gallery case The 8th U.S. Circuit Court of Appeals has reinstated an arbitrator's decision in a franchise dispute between Media Arts Group, Inc., and Twin Cities...

Commentary: Reuniting a firm divided.
February 19, 2007... Byline: Edward Poll Lawyers who are together physically in an office environment share a camaraderie that shapes the development of a firm culture. However, in many of today's geographically diverse mega-firms, partners are that in...

Debuting on Twin Cities Public Television last week -- the Supremos.
February 19, 2007... Byline: Mark A. Cohen Being somewhat bored of the endless television coverage of astronauts in love triangles and the tragic saga of Anna Nicole Smith's life and death, I recently turned as I often do, to the refuge of Twin Cities Public...

Reputation risk management for law firms and business clients.
February 19, 2007... Byline: Neil Hamilton and Laura Hammargren While risk management in terms of risk of liability is familiar to lawyers who either manage law firms or counsel business clients, reputation risk management is a newer dimension to this familiar...

Minnesota Lawyers in the News: February 19, 2007.
February 19, 2007... Byline: Minnesota Lawyer Staff Dan Hoehn has joined the Mankato law firm of Kakeldey & Associates, P.A. He practices in the areas of corporate and business law, real estate, estate planning and probate. Hoehn is a 2003 graduate of William...

Across the Region.
February 19, 2007... Byline: Minnesota Lawyer Staff Reporter IOWA Settlement reached in Microsoft lawsuit A class-action lawsuit that alleged Microsoft Corp. overcharged consumers was settled last week for an undisclosed amount. Details could be...

Law firms putting more time, effort into associate training.
February 26, 2007... Byline: Michelle Lore With big firm starting salaries now at $120,000 a year or more, gone are the days where associates carry a partner's briefcase for three years and don't say anything. Also gone are the days where associates are handed...

Minnesota lawmakers argue appeal over funding during government shutdown.
February 26, 2007... Byline: Dan Heilman On the extremely rare occasion when a legislative budget impasse results in a government shutdown, like the one Minnesota endured in 2005, should state offices be allowed to fund essential services without legislative...

Heading off potential conflicts of interests is becoming a new legal niche area.
February 26, 2007... Byline: Michelle Lore Improper handling of conflicts of interest can get law firms into a lot of hot water. That's why many firms today, particularly large law firms, are employing general counsel or ethics partners to handle potential...

Multimillion-dollar contingent fee award granted to former CEO in severance suit.
February 26, 2007... Byline: Michelle Lore In a strongly worded opinion, Hennepin County District Court Judge Kevin Burke recently ordered Metris Companies to pay more than $11 million in contingent legal fees its ex-CEO incurred in suing for his severance...

Quie Commission recommends retention system for judicial elections in Minnesota.
February 26, 2007... Byline: Barbara L. Jones The Minnesota system of choosing judges will undergo a radical change, including a constitutional amendment that would eliminate elections as we know them, if lawmakers and voters adopt the recommendations of an...

Interview with Kathleen Gearin: Ramsey County District Court.(Interview)
February 26, 2007... Byline: Dan Heilman The assistant chief judge in Ramsey County, Kathleen Gearin, just completed her 20th year as a member of the bench. A former secondary school teacher, she spent a decade as a prosecutor in Ramsey County before she was...

Minnesota State Bar Association's administrative law pro bono project seeks litigants.
February 26, 2007... Byline: Michelle Lore After one year in the works, the administrative law pro bono pilot project has attorneys lined up to help, but few litigants taking advantage of the program. The project, implemented by the Administrative Law...

Trial consultant: 'Facts can't speak for themselves'.
February 26, 2007... Byline: Nora Lockwood Tooher Trial consultant Eric Oliver has come up with a new twist on the old story model for juror decision-making. For decades, trial lawyers have accepted the notion that jurors unconsciously draw on personal...

Minnesota Supreme Court rules children of murder victim entitled to recover expenses.
February 26, 2007... Byline: MInnesota Lawyer Staff Reporter The children of a murder victim are entitled to restitution for lost wages, cost of meals and travel expenses incurred in the murder investigation and subsequent trial, the Minnesota Supreme Court has...

Minnesota Bar Buzz: February 26, 2007.
February 26, 2007... Byline: Minnesota Lawyer Staff Reporter Law schools host Native American Law Students moot court Minnesota's four law schools hosted the 15th Annual National Native American Law Students Association Moot Court competition on Feb. 16...

3M, Children's Law Center of Minnesota recognized for pro bono.
February 26, 2007... Byline: Minnesota Lawyer Staff The legal department of 3M has been selected to receive a national pro bono partnership award for its innovative partnership representing abused and neglected children with Children's Law Center of Minnesota....

Commentary: fee-based accounts draw scrutiny.
February 26, 2007... Byline: James J. Eccleston Securities regulators have focused their attention on brokerage accounts for which customers pay fees calculated as a percentage of the assets in the account, as opposed to commissions per trade. While this...

Commentary: slip-and-fall claims addressed by appellate court.
February 26, 2007... Byline: Marshall H. Tanick Because of the unseasonably mild winter in Minnesota this year, the second in a row, there has been less snow and ice and probably fewer slip-and-fall injuries. Although slip-and-falls are frequent in Minnesota,...

Commentary: what do clients value?
February 26, 2007... Byline: Edward Poll Clients consult a lawyer because they need help with a problem they cannot solve on their own. This leads to a legitimate question: Which is more important -- the quality of a lawyer's advice or the way that advice is...

Across the region.
February 26, 2007... Byline: Minnesota Lawyer Staff Reporter IOWA Court upholds penalties in sewer death case The Iowa Supreme Court has ruled that a Missouri company violated safety rules during a sewer repair accident in Des Moines that killed two...

Parenting coordinators: a new model to resolve parenting disputes.
February 26, 2007... Byline: Kathleen M. Newman Most family law attorneys would agree that one of the major disagreements between parties -- both during the divorce and after -- are issues relating to parenting. Regardless of whether parents share joint...