Minnesota Lawyer articles from June 2007

Minnesota Lawyer archives from June 2007

Minnesota law students spend their summers working in law firms throughout the state.
June 4, 2007... Byline: Barbara L. Jones As many Minnesotans pack up the car and head to the lake this summer, first-, second- and even some third-year law students quietly begin filing into their cubbyholes in law firms throughout the state. Bringing...

Immigration bar upset with Hennepin County policy.(American Immigration Lawyers Association)
June 4, 2007... Byline: Michelle Lore The local immigration bar is upset over Hennepin County's policy of requiring all applicants for a marriage license to furnish a Social Security number. In fact, one immigration attorney's client served a lawsuit over...

E-filing spreading bit by byte into more Minnesota state courts.
June 4, 2007... Byline: Dan Heilman The long-fabled paperless office might never come to pass in courts and law firms, but efforts are being made to use digital technology statewide to streamline the processes of case management and filing. A pilot...

Minnesota appellate court upholds fee award.
June 4, 2007... Byline: Barbara L. Jones A man could be ordered to pay his ex-wife's attorney fees in post-judgment proceedings that were closely related to the dissolution, the Court of Appeals has found. The appellate court upheld a Hennepin County...

Private bar in 3rd District asked to pitch in for criminal trials.
June 4, 2007... Byline: Barbara L. Jones Third Judicial District Chief Public Defender Carol Weissenborn wants private lawyers to take more criminal cases to help stem the tidal wave of criminal cases in the southeast corner of the state. While Rice...

Federalists -- like many groups -- divided on Minnesota's judicial elections.
June 4, 2007... Byline: Michelle Lore Opinions on what, if anything, Minnesota should do about judicial elections are as varied as the options available. Even among the local Federalist Society -- a group of conservatively inclined lawyer -- there is no...

Tape evidence in divorces keeps family lawyers on their toes.
June 4, 2007... Byline: Kimberly Atkins When it comes to nasty divorces and custody disputes, the tale is often in the tape, much to the chagrin of family law attorneys and their clients. Two recent high-profile cases highlighted that point quite...

Minnesota Bar Buzz: June 4, 2007.(Seema Shah joins Ameriprise Financial)(Minnesota State Bar Association Probate and Trust Section provides free legal service)(James T. Hale, Philip S. Garon and Michael A. Stanchfield win the Burton Awards for Legal Achievement)
June 4, 2007... Byline: Minnesota Lawyer Staff Reporter Shah departs diversity group Twin Cities Diversity in Practice has lost its executive director, Seema Shah, to Ameriprise Financial, one of the group's members. Shah will leave Diversity in...

Answer didn't satisfy expert disclosure requirement, rules Minnesota Supreme Court.
June 4, 2007... Byline: Minnesota Lawyer Staff Reporter In a 5-2 decision, the Minnesota Supreme Court has determined that a plaintiff's answer to an interrogatory was not sufficient to constitute the affidavit of expert disclosure required in a...

Study shows hurdles in EEOC filing process.
June 4, 2007... Byline: Minnesota Lawyer Staff Reporter Employees and their attorneys face a number of obstacles in filing employment discrimination charges and dealing with investigations by the Equal Employment Opportunity Commission, according to...

U.S. Senators push to end mandatory SEC arbitration.
June 4, 2007... Byline: Minnesota Lawyer Staff Reporter Lawmakers are urging the Securities and Exchange Commission to end mandatory arbitration in disputes between investors and security firms. In a letter sent to SEC Chairman Christopher Cox, Sens....

Fulfilling the promise of women's initiatives.
June 4, 2007... Byline: Ellen Ostrow and M.J. Tocci Establishing a women's initiative can be a wonderful marketing tool for a law firm, but designing it to have a real impact is another thing altogether. In marketing parlance, it is the difference...

Commentary: Your 'loss' might actually be a gain.
June 4, 2007... Byline: Edward Poll A solo practitioner who is a coaching client called me to talk about his finances, and was depressed because he was operating at a "loss." The more we talked, it was apparent that his "loss" was really an...

Minnesota judges, court staff participate in community service.
June 4, 2007... Byline: Minnesota Lawyer Staff Reporter For five years now, Minnesota Supreme Court justices, Court of Appeals judges, a Tax Court judge, law clerks and court staff have taken an afternoon out of their busy schedules to serve lunch to...

Commentary: A note to all public-sector lawyers: Thanks!
June 4, 2007... Byline: Mark A. Cohen Somewhere right now in the William McGee Building in Minneapolis, 200 or so staff people are toiling away in the Hennepin County Public Defender's Office as lead paint chips around them. But the public defenders...

Commentary: Notarization of signatures.(Reprint)(Column)
June 4, 2007... Byline: Patrick R. Burns For its column this month, the Office of Lawyers Professional Responsibility has requested that we rerun the following article, which originally appeared in the Oct. 7, 2002, issue of Minnesota Lawyer. ...

Minnesota Lawyers in the News: June 4, 2007.
June 4, 2007... Byline: Minnesota Lawyer Staff Reporter Michael C. Connelly has been name vice president and general counsel of Xcel Energy. He earned a bachelor of arts degree in economics from Carleton College and a law degree from the University of...

Commentary: Minnesota Court of Appeals decides dual discovery disputes.
June 4, 2007... Byline: Marshall H. Tanick The Minnesota Court of Appeals rarely passes upon discovery issues. Most of the conundrums that arise in pretrial discovery are resolved at the trial court level. But the Court of Appeals recently plunged...

Across the Region.
June 4, 2007... Byline: Minnesota Lawyer Staff Reporter IOWA Pen-makers sue over trade secrets The nib of a pen -- the part that puts ink to paper -- is at the center of lawsuit against a former worker whose bosses' want to keep him from selling...

Minnesota Twins baseball stadium: 'If you build it, the lawyers will come'.
June 11, 2007... Byline: Dan Heilman As a half-billion-dollar project involving the interplay of public and private money, the Minnesota Twins baseball stadium presented a big enough field of legal obstacles to keep a team of lawyers working into extra...

Minneapolis women lawyers get in touch with their inner diva.
June 11, 2007... Byline: Michelle Lore What do two smart, sassy women lawyers do when they want to network and socialize with other smart, sassy women lawyers? Why start the Juris Divas, of course! Minneapolis personal injury attorney Kristen K. Naros...

Deficiency in affidavit of expert leads to dismissal by Minnesota Supreme Court.
June 11, 2007... Byline: Barbara L. Jones Lawyers must understand that they should take no chances with affidavits of expert review and expert disclosure in professional malpractice cases. Two affidavits are required to proceed with a malpractice case...

Architect not a fiduciary as a matter of law, says Minnesota Court of Appeals.
June 11, 2007... Byline: Barbara L. Jones The Court of Appeals turned down an invitation to recognize a per se fiduciary duty between an architect and a client last week. The plaintiffs sued the architect defendants after paying nearly $292,000 in fees...

Hennepin County's Public Defender's Building has a history of sickness.
June 11, 2007... Byline: Dan Heilman Hennepin County is still in the process of figuring out where, when and how to move the approximately 200 employees of the Public Defender's Office while it takes care of a lead paint issue in the building that houses...

Commentary: Profit 'manipulation' just part of 'big business'.(Lawyer compensation increases)
June 11, 2007... Byline: Edward Poll Lawyer compensation remains a hot topic. The furor over $160,000 average annual pay for new associates (which we considered in a recent column) had barely died down before one of the nation's 10 largest firms gained...

Q&A with Hon. Jon Stafsholt, a fixture on the Pope County bench.(Interview)
June 11, 2007... Byline: Dan Heilman With nearly a quarter of a century of service of judicial service under his belt, Jon Stafsholt has become a fixture on the Pope County bench. He revels in being a judge in a small community, where he can see how the...

Plaintiffs' lawyers tackle drug price-fixing litigation for states.
June 11, 2007... Byline: Nora Lockwood Tooher Plaintiffs' trial attorneys are taking on a new challenge: representing state attorneys general, health-insurance plans and consumer groups in complex pharmaceutical pricing class-action suits. The suits,...

Twelve anxious men (and women); Dealing with juror trauma.
June 11, 2007... Byline: Nora Lockwood Tooher A woman who served as a juror in the trial of a Kentucky doctor who decapitated his wife said that whenever she looked out her kitchen window she saw the head being picked out of the ground. Roger Bell, a...

Minnesota Bar Buzz: June 11, 2007.(A funny way to collect a legal fee )(Minnesota Association for Justice donated bicycle helmets to children)(Minnesota gets a 'B-' grade on eminent domain laws)
June 11, 2007... Byline: Minnesota Lawyer Staff Reporter A funny way to collect a legal fee This just in from the errr... wire: attorney Sergio Andrade has lost his appeal on a conviction for theft by swindle of a client, who, unfortunately for...

Lindquist & Vennum lawyers open Stoel Rives office in Minneapolis.
June 11, 2007... Byline: Minnesota Lawyer Staff Reporter Stoel Rives -- a national firm with 10 offices and 350 attorneys -- has hired 13 Lindquist & Vennum attorneys to start a Minneapolis office. Based in Portland, Ore., Stoel Rives announced the...

Claim against police department is upheld by 8th Circuit.
June 11, 2007... Byline: Minnesota Lawyer Staff Reporter The 8th U.S. Circuit Court of Appeals has affirmed the dismissal of a retaliation claim by a lieutenant in the Minneapolis Police Department against the city. In late 2003, when the city was...

Minnesota Lawyers in the News: June 11, 2007.
June 11, 2007... Byline: Minnesota Lawyer Staff Reporter Jessica S. Pecoraro has joined the labor and employment practice group at Maslon Edelman Borman & Brand, LLP. Pecoraro, formerly of Rider Bennett, LLP, works with employers to obtain solutions in...

New judge appointed in 10th Judicial District.(Richard C. Ilkka )(Brief article)
June 11, 2007... Byline: Minnesota Lawyer Staff Reporter Richard C. Ilkka has been appointed to a 10th Judicial District trial court bench vacancy in the city of Stillwater in Washington County. The opening occurred as a result of the retirement of Judge...

Commentary: Don't get snowed-in by everyday disasters.(Column)
June 18, 2007... Byline: Edward Poll When I began these columns in the fall of 2005, the Hurricane Katrina disaster was still uppermost in our minds. One of my first efforts was on disaster recovery, and carried this message: "Disaster for any law firm...

Minnesota Court News: June 18, 2007.
June 18, 2007... Byline: Minnesota Lawyer Staff Reporter Court seeks civil rules committee member One judicial position is open on the Minnesota Supreme Court Advisory Committee on the Rules of Civil Procedure. Members are appointed by the Supreme...

Commentary: Pro bono is good for veteran attorneys and others.(Viewpoint essay)
June 18, 2007... Byline: Mark A. Cohen It was 2001 and my future client -- a Vietnam War veteran -- was threatening to kill himself with a knife. When the police came to take him in for psychological care, he was reporting hearing voices and insisting that...

Minnesota Lawyers in the News: June 18, 2007.
June 18, 2007... Byline: Minnesota Lawyer Staff Reporter Joshua A. Hasko, previously an attorney with Rider Bennett, has joined the litigation group at Messerli & Kramer P.A. Hasko practices in the area of business litigation, representing individuals and...

Commentary: Whistleblowers have no harm, no foul -- and no claims.
June 18, 2007... Byline: Marshall H. Tanick As the playoffs for supremacy in the National Basketball Association wind their way towards a championship climax in mid-June, players and fans will repeatedly be hearing the familiar refrain "No harm, no foul."...

Q&A: Incoming president of Hennepin County Bar Association.(Interview)
June 18, 2007... Byline: Michelle Lore Sonia Miller-Van Oort, who is the incoming president of the Hennepin County Bar Association, has a number of priorities, including professionalism, diversity and bringing value to the organization's members. On...

Q&A: Incoming president of Ramsey County Bar Association.(Interview)
June 18, 2007... Byline: Michelle Lore White-collar criminal defense attorney Richard Kyle accepted the reins of the Ramsey County Bar Association from outgoing president Elizabeth Keyes at its annual meeting last month. Kyle's run as president of the...

Minnesota lawyers finding more immigrant clients afraid of civil justice system.
June 18, 2007... Byline: Barbara L. Jones A week after complaining to a regional manager at Perkins Restaurant that she was being sexually harassed, Maria Torres was fired. The Equal Employment Opportunity Commission sued and Torres intervened. Perkins...

When jurors are struck, making a 'Batson' challenge is challenging in Minnesota.
June 18, 2007... Byline: Michelle Lore Despite the importance of a representative jury, Batson challenges are extremely difficult for defense lawyers to win. More than 20 years ago, in Batson v. Kentucky, the U.S. Supreme Court determined that using...

Property damage ...... in cyberspace?
June 18, 2007... Byline: Reni Gertner It's fairly obvious when someone physically damages someone else's belongings, but what counts as property damage in cyberspace? Historically, the trespass to chattels doctrine has been used to prove liability...

Minnestoa Legal Briefs: July 18, 2007.
June 18, 2007... Byline: Minnesota Lawyer Staff Reporter Clerkship program participants hold 2nd annual reception The second annual welcome reception for participants in the Minnesota Minority Clerkship Program was held last week at Fredrikson & Byron...

Minnesota Bar Buzz: June 18, 2007.
June 18, 2007... Byline: Minnesota Lawyer Staff Reporter 'Capitol Good Times' ahead This year's Minnesota State Bar Association convention is going to be "big time," according to convention co-chair Brian Toder. "We went out of our way to make this the...

Antenuptial agreement may be unenforceable, rules Minnesota Supreme Court.(Brief article)
June 18, 2007... Byline: Minnesota Lawyer Staff Reporter The opportunity to consult with independent counsel about an antenuptial agreement is not required for the agreement to be enforceable, the Minnesota Supreme Court has ruled. When Lillian...

Volunteer attorneys honored in Dakota County.
June 18, 2007... Byline: Minnesota Lawyer Staff Reporter John Burns and the Burns Law Firm hosted a celebration last month to honor the volunteer efforts of local attorneys to assist Dakota County residents with their family law matters. In remarks...

More and more national law firms finding a home in Twin Cities.
June 18, 2007... Byline: Dan Heilman While the close-knit Twin Cities legal community isn't bracing for an invasion of big national law firms yet, many observers say it's a trend worth watching in light of Portland, Ore.-based Stoel Rives' recent move into...

Ex-Minneapolis law firm group discusses decision to leave for national firm.(Lindquist and Vennum )
June 18, 2007... Byline: Barbara L. Jones Earlier this month 14 attorneys left Lindquist & Vennum LLP, a venerable Minneapolis law firm, to open a Minneapolis branch office of Stoel Rives, which is headquartered in Portland, Ore. In doing so, they maintain...

Minnesota lawyers discuss representing Guantanamo detainees.
June 25, 2007... Byline: Dan Heilman Ever since 9/11, Americans from all walks of life have had to sometimes tread a fine line between personal liberty and national security. That conflict can be especially acute for attorneys who wander into the often...

Retaliation claim nixed by Minnesota Court of Appeals.
June 25, 2007... Byline: Barbara L. Jones In a significant ruling for discrimination cases, the Minnesota Court of Appeals has concluded that a prima facie case of retaliation in a Minnesota Human Rights Act case cannot be founded on a third-party...

Minnesota Supreme Court rules seatbelt gag rule doesn't preclude suit vs. parents.
June 25, 2007... Byline: Mark A. Cohen A 3-year-old child thrown from a child restraint system during a motor vehicle collision can sue his parents for negligently installing him in the seat, the Minnesota Supreme Court has ruled. The case revolved...

Incoming Minnesota State Bar Association president: Judicial selection dominant issue.(Brian Melendez)(Interview)
June 25, 2007... Byline: Michelle Lore Minneapolis attorney Brian Melendez this week will accept the leadership gavel from outgoing Minnesota State Bar Association President Patrick Kelly at the group's annual convention in St. Paul. He takes the reins at...

The Innocence Project of Minnesota comes of age.
June 25, 2007... Byline: Michelle Lore A man serving time in an East Coast prison for a triple homicide that occurred in Hennepin County in the late 1980s maintains that he is innocent. With the help of the Innocence Project of Minnesota, Minneapolis...

Limit on disparate pay claims roils employment bar.
June 25, 2007... Byline: Reni Gertner A recent U.S. Supreme Court decision holding that the statute of limitations on a Title VII disparate pay claim begins to run when the original decision on salary is made -- and that there is no new violation each time...

'Black belt' quality control may give small firms an advantage.
June 25, 2007... Byline: Dick Dahl Richard J. Sabat knows what it feels like to be seen as a traitor. For years, general counsel have been emphasizing the need for more cost-efficient delivery of outsourced legal services -- and some lawyers, like Sabat,...

Minnesota Bar Buzz: June 25, 2007.(trial lawyers' group donated 50 helmets to children)(American Bar Association Honors Gail Chang Bohr)(Quie Commission takes it to the judges)
June 25, 2007... Byline: Minnesota Lawyer Staff Reporter Messerly: A man of many hats Minneapolis attorney Chris Messerly, head of the Minnesota Association for Justice, recently posed with some children and two employees from the Sabathani Community...

Minnesota Supreme Court amends Rules for Admission to the Bar.(Brief article)
June 25, 2007... Byline: Minnesota Lawyer Staff Reporter The Minnesota Supreme Court has amended the state's Rules for Admission to the Bar. The request for the amendments came from the Minnesota Board of Law Examiners. The high court considered the...

8th Circuit rules retaliation claim can proceed against former fire chief.(Rocco Forte)(Brief article)
June 25, 2007... Byline: Minnesota Lawyer Staff Reporter The 8th U.S. Circuit Court of Appeals last week revived a retaliation claim brought against the former chief of the Minneapolis Fire Department. During the spring and summer of 2002, in response...

Debt 'eliminators' settle FTC charges.
June 25, 2007... Byline: Minnesota Lawyer Staff Reporter A group of telemarketers who claimed they would counsel consumers and eliminate their debt have agreed to a settlement of charges by the Federal Trade Commission that their preferred "debt elimination...

Minnesota Court News: June 25, 2007.(10th Judicial District Administration moves office to new location)(Brief article)
June 25, 2007... Byline: Minnesota Lawyer Staff Reporter 10th District administration office has moved The 10th Judicial District Administration office has moved from the Anoka County Courthouse to off-site office space, effective June 25, 2007....

Commentary: Securities publication provides guidance to avoid fraud.
June 25, 2007... Byline: James J. Eccleston The National Association of Securities Dealers last month published "Fraud Fighting 101: Smart Tips for Older Investors." The pamphlet is worthwhile reading for all investors -- young and old -- who have...

Minnesota Lawyers in the News: June 25, 2007.
June 25, 2007... Byline: Minnesota Lawyer Staff Reporter Eight faculty members have joined the University of Minnesota Law School. Laura N. Beny, who has taught courses in stock market development, corporate finance, enterprise organization and...

E-mail call: managing that cluttered inbox.
June 25, 2007... Byline: Justin Rebello For most attorneys, it's not uncommon to receive 150-200 new e-mails per day, approximately 25,000 per year. With that kind of clutter, tangled with spam and other unimportant e-mails, it's easy for a valuable e-mail...

Commentary: Coaches can help you achieve success.(Column)
June 25, 2007... Byline: Edward Poll Hamsters are energetic creatures, as anyone who has watched one running in its exercise wheel will attest. In fact, hamsters may be unsurpassed for amount of effort expended in inverse proportion to results...