A bill to ban non-compete agreements in Minnesota passed the last conference committee hurdle today and is expected to be signed into law by Governor Walz as Minn. Stat. Section 181.988. The law will become effective on July 1, 2023, and will apply to contracts and agreements entered into on or after that date.  The […]
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Will Minnesota ban non-competes? The legislative session ends May 22. Regardless of what happens, V. John Ella will be speaking on a panel along with Joel Andersen and Katie M. Connolly from the Nilan Johnson law firm at the 2023 Upper Midwest Employment Law Institute on the topic: “Non-Competes, Non-Solicits, and Other Restrictive Covenants – […]
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The tort of “unfair competition” under Minnesota law is the answer to a riddle: What claim has no elements, cannot exist on its own, but cannot be duplicative, yet is a recognized cause of action? The Origin of the Claim In 1987, the Minnesota Court of Appeals stated, “[u]nfair competition is not a tort with […]
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On March 28, 2023, Iowa passed a law meant to protect consumer data. The Iowa Consumer Data Protection Act (“ICDPA” or “Act”), codified at Iowa Statute Section 715D, will take effect on January 1, 2025. Who is Covered by the Act? The Act places certain restrictions and obligations on companies or persons that hold and […]
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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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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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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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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 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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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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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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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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Minnesota sales representative attorney Craig W. Trepanier explains New York’s sales representative statutes. Call 612.455.0502.
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