In an attempt to thwart money laundering, terrorism financing, and other illegal corporate activity that is sometimes hidden behind so-called “shell” companies, in 2022 Congress passed the Corporate Transparency Act, 31 U.S.C. § 5336 (2022) (“CTA” or the “Act”). The CTA will require most smaller corporations and limited liability companies (“LLCs”) registered in Minnesota and […]
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V. John Ella Interviewed on Fox 9 News Regarding Regulation of Med Spas in Minnesota and Practicing Medicine Without a License
TMB Shareholder V. John Ella was featured as a commentator on a Fox 9 news segment that aired on March 1, 2023. The story concerned a criminal complaint alleging that an individual in Woodbury, Minnesota held herself out as a nurse and worked at a med spa although she had no nursing license and did […]
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Minnesota Defamation Claims are not Tolled by the “Discovery Rule”
If you just discovered that you were defamed over two years ago your claim is barred. That was the holding by the Court of Appeals in Kerber v. Recover Health of Minnesota, Inc., No. A-22-0278 (Minn. Ct. App. Sept. 6, 2022). The pro se plaintiff in that case sued her former employer for discrimination and […]
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V. John Ella to Present at “The Complete Employment Lawyer” Seminar
TMB shareholder V. John Ella will be speaking on the topic of “Non-Competes and Trade Secrets” at a continuing education seminar called “The Complete Employment Lawyer” for Minnesota CLE. Attendees of the seminar will receive a copy of “The Complete Employment Lawyer’s Quick Answer Book” which includes a chapter co-written by TMB of-counsel attorney Jeff […]
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Minnesota Invasion of Privacy Claim Found to be Properly Pled by Federal Court
Minnesota recognized the tort of invasion of privacy in 1998. Lake v. Wal-Mart Stores, Inc., 582 N.W.2d 231, 236 (Minn. 1998). There are three versions of the common law invasion of privacy tort under Minnesota law: (1) intrusion upon seclusion; (2) appropriation; and (3) publication of private facts. Since Lake, the number of reported court […]
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Minnesota Professional Licensing Standards Clarified by Court of Appeals
The Minnesota Court of Appeals has clarified the standard for challenging the denial of a professional license under Minnesota law. In the Matter of the Short Call Teaching License Application of Jeronimo Yanez, 983 N.W.2d 89 (Minn. Ct. App. 2022). This case involved an individual who was prominent in the news in 2016. In his […]
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Minnesota Human Rights Act Amended to Prohibit Discrimination Based on Natural Hair Texture or Style
On Wednesday, February 2, 2023, Minnesota Governor Tim Walz signed the CROWN Act banning discrimination based on a person’s natural hair texture or style into law. The CROWN Act stands for Creating a Respectful and Open World for Natural Hair and ensures that hair discrimination is legally included as a form of racial discrimination under […]
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How Will Minnesota Non-Compete Law be Impacted by Proposed FTC Regulations
Introduction On January 5, 2023, the Federal Trade Commission (FTC) proposed a regulation that would ban the use of non-compete agreements nationwide. The proposal is an attempt by the FTC to enforce and apply existing anti-trust laws in a much more expansive manner. The Biden administration has been signaling a tough stance on non-competes for […]
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Tortious Interference Elements Changed in Third Restatement of Torts
Restatements of the Law The Restatements of the Law are a set of treatises on legal topics meant to inform lawyers and judges about general principles of common law. They are published by the American Law Institute, an organization of judges, legal academics, and practitioners founded in 1923. The Restatement Second included the elements of […]
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V. John Ella Presents National Webinar on Tortious Interference Claims
TMB shareholder V. John Ella presented a 90-minute webinar today with co-presenter Stephen D. Riden on the topic of “Tortious Interference With Contracts, Business Relations, and Economic Advantage: Proving and Defending Claims – Navigating the Complexities of Claims Alleging Intentional and Improper Business Disruption” for Strafford. Mr. Ella and Mr. Riden discussed the various types […]
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TMB Attorneys Oberman and Ella to Speak at Non-Compete Seminar
TMB attorneys Jeffrey B. Oberman and V. John Ella are scheduled to speak on the topic of “Hiring an Employee with a Non-Compete Agreement” at the upcoming seminar “Drafting, Negotiating and Enforcing Non-Competes and Other Restrictive Covenants” hosted by Minnesota CLE. The Seminar will take place on Tuesday September 20, 2022 at the Minnesota CLE […]
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But the Homestead Protection Increased to $250,000
Bankruptcy, Restructuring, and Creditors’ Rights
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But the Homestead Protection Increased to $250,000October 8, 2021
As the final part of our review of Arizona House Bill 2617 (AZ HB 2617), we will review the impact of the Bill on individual judgment debtors. The first two blogs can be found here.
AZ HB 2617 increases the homestead exemption amount from $150,000 to $250,000 and makes no changes to a homeowner’s eligibility to qualify for the homestead exemption.
A nonconsensual lien, including a judgment lien from a civil judgment, now entitles a creditor to a forced sale of the homestead property if
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Will a Creditor be Able to Recover from a Recorded Judgment on a Homestead?
Bankruptcy, Restructuring, and Creditors’ Rights
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Will a Creditor be Able to Recover from a Recorded Judgment on a Homestead?September 27, 2021
Continuing our review of Arizona House Bill 2617 (AZ HB 2617), we will focus our attention on how the Bill impacts creditors. The original blog can be found here.
Creditors have several new collection rights for judgment liens. The first new right is that judgment liens now attach to the homestead property. Before the recently passed AZ HB 2617, a civil judgment created a judgment lien on all real property “except real property exempt from execution, including the
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How Arizona’s change to the homestead exemption will affect creditors and debtors
Bankruptcy, Restructuring, and Creditors’ Rights
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What is the Arizona House Bill 2617 and What are the Effects on Both Creditors and Debtors?
September 10, 2021
Arizona House Bill 2617 (AZ HB 2617) amends four statutes relating to judgment liens and the homestead exemption; it was signed into law on May 19, 2021, and goes into effect on December 31, 2021. A judgment lien is a lien on real property created after a civil judgment is properly recorded. The homestead exemption is the amount of a home’s equity that is exempt from a forced sale. The homestead exemption generally “protects
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Is Your Bankruptcy Filing Ripe for An Adversary Complaint?
Bankruptcy, Restructuring, and Creditors’ Rights
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Is Your Bankruptcy Filing Ripe for An Adversary Complaint?July 19, 2021
An automatic stay, which is unique to bankruptcy, generally gives breathing room to a debtor who has filed a bankruptcy. Meaning, if there was pending litigation or attempts to collect an outstanding obligation, the majority of those actions must cease subject to a further Bankruptcy Court order that removes the automatic stay. In a previous blog post, “Will the ‘Return to Normalcy’ Increase Tenants Seeking Bankruptcy Relief?” we broadly discussed the automatic stay and debts that are either dischargeable versus non-dischargeable,
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Will the “Return to Normalcy” Increase Tenants Seeking Bankruptcy Relief?
Bankruptcy, Restructuring, and Creditors’ Rights
Blog
Will the “Return to Normalcy” Increase Tenants Seeking Bankruptcy Relief? May 20, 2021
Presently no moratorium or mandate that prevents a commercial landlord from evicting a tenant in default exists. Federal and local governments have encouraged landlords to work with their tenants during the evolving impact of the COVID-19 pandemic. In contrast, residential tenants have been afforded a moratorium until at least June 30, 2021, in most instances. That said, some courts have recently issued rulings deeming the Center for Disease Control’s orders related to the eviction moratorium as unconstitutional. Unless further extended or
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