Minnesota State Bar Association

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<p><strong>September 4, 2020</strong></p> <p><strong>Contact: Nancy Mischel (<a href=”mailto:nmischel@mnbars.org”>nmischel@mnbars.org</a>, 612-278-6331)</strong></p> <p><strong>Minnesota State Bar Association (MSBA) Announces Results of Poll on Contested Supreme Court Judicial Race <br /> <br /> </strong>Today the Minnesota State Bar Association (MSBA) announced the results of its poll of members regarding the two candidates for the contested Minnesota Supreme Court judicial seat.&nbsp; </p> <p>The poll was conducted between August 19 and September 3, 2020.&nbsp; A total of 6,848 MSBA members, many of…
<p><em>By Mark Lanterman</em><br /> <br /> This past July, Twitter fell victim to a wide-scale cyberattack that compromised the accounts of some of its highest-profile users. It was soon determined that the attack was largely orchestrated by a 17-year-old boy, who apparently had a history of online scams&mdash;including some perpetrated on Minecraft&mdash;that amassed him a huge bitcoin fortune.<sup>1</sup> Twitter posted details about the attack on its blog: &ldquo;The social engineering that occurred on July 15,…
<p>By Susan Humiston&nbsp;<br /> <br /> During the recession of 2008, lawyers lost jobs and suffered economic loss. Some lawyers, due to their own economic straits, poor judgment or a combination of both, found themselves embroiled in improper loan modification schemes and other debt-relief actions that were basically consumer scams. Several lawyers were disciplined as a result. The 2020 pandemic is again creating economic havoc for lawyers and consumers. With economic strife come more scams…
<p><em>By Dyan Ebert</em><br /> <br /> One of the things I enjoy most about living in Minnesota is the change of seasons. The transition from one to the next always re-energizes me. Many see the transition from our seemingly endless winters to spring as the quintessential time of reawakening. But I always feel the most inspiration as the hot, humid days of summer turn into the cool, crisp mornings and evenings of fall. Even though…
<h3><img src=”https://www.mnbar.org/sf_images/default-source/publications/Bench-Bar/covid-19-800.jpg?sfvrsn=2″ data-displaymode=”Original” alt=”COVID-19-800″ title=”COVID-19-800″ style=”vertical-align: middle;” /><br /> <br /> A short review of&nbsp;federal and Minnesota&nbsp;legislative proposals</h3> <p><em>By Courtney Ernston</em></p> <p> <div>The question of liability as it relates to contracting covid-19-related illness has been at the forefront of many state and federal discussions and legislation. The United States Senate has introduced the Safe to Work Act, which seeks to limit &ldquo;coronavirus exposure action[s]&rdquo; unless the individual or entity is &ldquo;engaged in gross negligence or…
<p><em>By George H. Singer<br /> </em></p> <p><img src=”https://www.mnbar.org/sf_images/default-source/publications/Bench-Bar/0920-closed-sign-400.jpg?sfvrsn=2″ data-displaymode=”Original” alt=”0920-Closed-Sign-400″ title=”0920-Closed-Sign-400″ style=”float: left; margin-bottom: 10px; margin-right: 15px;” />In state, public officials have issued stay-at-home and other closure orders to stem the spread of coronavirus. As a result, businesses across the country have been unable to operate, generate revenue, or satisfy obligations, including rent due under commercial real estate leases. Confronted with the risk of liability for breaching their obligations, companies have increasingly looked to <em>force…
<em>By Laura Farley<br /> <br /> </em> <p><img src=”https://www.mnbar.org/sf_images/default-source/publications/Bench-Bar/0920-rainbow-tie-300.jpg?sfvrsn=2″ data-displaymode=”Original” alt=”0920-Rainbow-Tie-300″ title=”0920-Rainbow-Tie-300″ style=”float: left; margin-bottom: 10px; margin-right: 15px;” />On June 15, 2020, the United States Supreme Court clarified the breadth of workplace protections under Title VII of the Civil Rights Act of 1964: An employer cannot fire or discriminate against an individual because of their sexual orientation or gender identity. The importance of <em>Bostock v. Clayton County</em> cannot be understated, and its nationwide impact is…
<p><em><img src=”https://www.mnbar.org/sf_images/default-source/publications/Bench-Bar/0920-estate-planning-650.jpg?sfvrsn=2″ data-displaymode=”Original” alt=”0920-estate-planning-650″ title=”0920-estate-planning-650″ /><br /> <br /> By&nbsp;Jennifer S. Santini&nbsp;and B. Steven Messick</em></p> <p>In the spirit of full disclosure, we started this article in the beginning of the year before the coronavirus forced a global shutdown and the fear of catching, and potentially dying from, covid-19 became a top-of-mind worry. But as one can imagine, a global pandemic adds a lot of urgency the question of “What happens when I die?” People quickly…
CRIMINAL LAW JUDICIAL LAW • Implied consent: Whether an advisory sufficiently informs a person that refusal to submit to a breath test is a crime depends on whether the advisory, considered in its context as a whole, is misleading or confusing. Appellant was arrested for DWI and read a breath test advisory that stated: “This is the breath test advisory… Minnesota law requires you to take a test to determine if you are under the…
<p>In August, the MSBA filed comments supporting a petition filed by the Legal Services Advisory Committee (LSAC) proposing a <em>pro hac vice</em> process and fee for out-of-state attorneys appearing in Minnesota courts. The $450 fee would support civil legal aid programs. Currently Minnesota is one of only three states without a <em>pro hac vice</em> fee. The Court&rsquo;s Advisory Committee on the General Rules of Practice submitted a report and recommendation to the Court regarding the…