Seminars & Articles
[Q] Should I sign a contract with another business that includes agreeing to binding arbitration for any disputes?
Early in May 2013, a federal appeals court ruled the National Labor Relations Board cannot require businesses to post the NLRA rights poster informing employees about their right to form a union.
[Q] My business has grown nicely over the last couple of years, but the bottom line has not been very impressive. What can I do to improve the bottom line and the appearance of my balance sheet for upcoming discussions with (i) a possible merger partner, or (ii) a commercial lender for needed capital to expand the business?
The Family Medical Leave Act (FMLA) was signed 20 years ago this year – the first law signed by President Bill Clinton. Given the changes in the U.S. economy over the last two decades, it’s worth taking a look at the FMLA to see if it’s still working well.
Lawyers are granted unique protections against civil liability under a variety of state and federal statutes and principles of common law going back as far as six centuries. These laws grant privileges and immunities to lawyers that shield them from liability for the purpose of preserving the lawyer’s independence and zeal in the pursuit of a client’s interest.
The Department of Labor’s Employee Benefits Security Administration (EBSA) has published two online tools to assist group health plans, plan sponsors, plan administrators and health insurance issuers in complying with the group health plan requirements (Part 7) of ERISA.
The U.S. Citizenship and Immigration Services has issued an updated Form I-9, Employment Eligibility Verification. The new form, along with an employer handbook and other information concerning use of the form, can be downloaded at http://www.uscis.gov/i-9.
Lommen Abdo Law Firm presents, in conjunction with South by Southwest (SXSW), Legal Issues in the Music, Film and Emerging Technology Industries. Thirty-five industry leaders will fill 12 panels addressing topics related to the current music, film and technology industries.
Five things employers need to know about the Affordable Care Act in 2013 were listed by Stacey DeKalb in Business Facts, the newsletter of the St. Croix Economic Development Corporation.
[Q] I have heard a lot about individual identity theft, but is business identity theft really that big of an issue?
Traditionally, entrepreneurs seeking capital for their new venture – be it an operating enterprise or a more passive endeavor such as real estate investment – have had the option of choosing debt or equity financing. In today’s economic times, and in the wake of the financial troubles of the late 2000s, capital has been scarce due to tightened lending standards amongst banks and the decline of personal wealth amongst those in a position to invest.
[Q] I read recently that I can invest in real estate through my IRA. Is that legal?
On January 2, 2013, President Obama signed into law the American Taxpayer Relief Act of 2012 making permanent the majority of the provisions of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act (“TRA 2010”) of 2010.
In the new millennium, employee mobility is the norm. Gone are the halcyon days when employees worked for one company for their entire career. One consequence of greater employee mobility is the proliferation of trade secret claims.
As of January 1, 2013, a significant number of tax law changes go into effect as a result of the 2010 passage of the Patient Protection and Affordable Care Act (the “ACA”).
[Q] When my business sells goods or services to our customers I am often asked to sign a purchase order acknowledgement with terms and conditions on the reverse side in small, hard to read print. Should I be concerned about this and do I need to read and understand them?
Want to start a brewery? Read the 10 key legal steps you need to take in the article written by Jeff O'Brien and Greg Perleberg which appeared in The Growler.
Ten things to consider to help your business prosper in 2013 were listed by Brent Johnson and Jamie Johnson in the Fourth Quarter St. Croix Economic Development Corporation’s Chronicle.
Dan Young will be speaking at the SDK Family Business Roundtable on January 15th. He will be speaking on compensating family members and employees.
Several pending changes make year-end planning important, especially if your goal is to transfer assets to future generations or non-spouses on a tax-efficient basis.
Small business owners gathered on November 8th for the Don't Miss Your Exit Seminar presented by Lommen Abdo Law Firm in conjunction with Upsize Minnesota Magazine. The seminar's goal was to help small business owners chart their company's value and to map out whether to convert their equity into cash or safely pass their company along to family or co-owners.
Recently, patients of the Minnesota Advanced Pain Specialists (MAPS) contracted meningitis after receiving contaminated steroid injections for back problems. Lommen Abdo advises the hundreds of Minnesotans who received potentially contaminated steroid injections to seek medical evaluation if they feel ill or experience any of the symptoms of meningitis or stroke.
A crash course sponsored by Lommen Abdo to help you chart your company's value and map out whether to convert your equity into cash or safely pass your company along to co-owners or family.
[Q] I am the principal officer/manager of my company and trustee of my company’s 401K qualified retirement plan. What is the timing of my obligations to plan participants of the new Department of Labor final regulations for fee disclosure?
[Q] I am the principal officer/manager of my company and trustee of my company’s 401K qualified retirement plan. What is the timing of my obligations to plan participants of the new Department of Labor final regulations for fee disclosure?
Lommen Abdo is pleased to invite you as our guest to the upcoming event entitled Critical Sales Management Strategies for CEOs and Business Owners. It is designed to focus your company sales and growth strategies and provide productive tools to advance your company goals. It will be held on Thursday, August 30, 2012 from 1:00 to 4:00 p.m. at the Golden Valley Golf & Country Club with complementary hors d'oeuvres, networking and cocktail hour to follow.
Ken Abdo and Tim Matson presented a national webinar for the ABA which was broadcast from the Lommen Abdo office on "Statutory Terminations of Copyright Transfers under the U.S. Copyright Act as Applicable to Sound Recordings."
[Q] My spouse and I own and operate a small business together. We also own the real estate upon which our business is located in our individual names. How should our business and real estate be titled to minimize risk and facilitate the ability to transfer the business and real estate upon our deaths?
[Q] The JOBS Act became law in April. I’m a small business owner – how will it affect my business?
The Jumpstart Our Business Startups Act (“JOBS” Act) was signed into law on April 5, 2012. One portion of the JOBS Act addresses “crowdfunding.” Crowdfunding involves seeking funding over the internet from a potentially large group of investors putting in relatively small amounts.
As personal injury attorney, not only do I advocate for auto accident prevention through programs such as Lommen Abdo’s public service campaign against distraction driving called Focus on the Road® - I am also passionate about auto insurance. I want to ensure our clients have adequate insurance coverage for themselves and their families in the event a collision would, unfortunately, occur.
[Q] When my business sells goods or services to our customers I am often asked to sign a purchase order acknowledgement with terms and conditions on the reverse side in small, hard to read print. Should I be concerned about this and do I need to read and understand them?
Unionized and non-unionized employers subject to NLRB jurisdiction now have an indefinite amount of time to post the NLRA rights poster.
[Q] When I click "I Agree" on a website in order to access the website, is that a legally binding agreement?
Entertainment and media industry professionals in the areas of music, technology and film gathered during the South by Southwest (SXSW) Interactive, Film and Music Conferences from March 9th to the 18th in Austin, Texas.
[Q] When false information on my business is posted on social media sites, or with internet domain names that are confusingly similar to mine, what should I do? As a business owner, I have come across misleading postings on Facebook® and Twitter® and have found several websites with domain names that are very similar to my company’s name and its products and services.
Lommen Abdo Law Firm presents, in conjunction with South by Southwest (SXSW), Legal Issues in the Music, Film and Emerging Technology Industries. Over 40 industry leaders will fill 13 panels addressing topics related to the current music, film and technology industries. All SXSW registrants are welcome. Attorneys may register for up
Unionized and non-unionized employers subject to NLRB jurisdiction now have until April 30, 2012 to post the NLRA rights poster described in the October 20, 2011 article below.
[Q] I read more and more about how intellectual property is becoming so important these days. But my company is neither high-tech nor entertainment related. Why should I be concerned with intellectual property rights?
Parents feeding powdered infant formula to their babies are likely distressed about today’s news that Wal-Mart has pulled a popular powdered infant formula brand from their shelves because of possible contamination by bacteria called Cronobacter sakazakii.
Investors who made investments pursuant to the Minnesota Angel Tax Credit Program must file a 2011 Annual Report by February 1, 2012.
Lommen Abdo's Entertainment Department presents the Fourth Annual Entertainment Law Symposium on Friday, November 4, 2011. The CLE will take place on the 50th floor of the IDS Center in Minneapolis. This Fourth Annual Symposium has been designed for attorneys and industry professionals who want to know more about substantive legal and business issues addressed in the practice of entertainment and sports law.
Lommen Abdo presents a closely held business seminar on Thursday, October 27, 2011. Learn how to maximize your opportunities and navigate the inherent obstacles. Gain valuable and practical insight into how to avoid legal disputes, including avoiding personal liability; create effective buy-sell agreements; prepare for succession and exit planning; and address shareholder disputes and business divorces.
The National Labor Relations Board (“NLRB”) recently issued a Final Rule that requires most private-sector employers to post a notice by describing certain employee rights such as the “right to organize” under the National Labor Relations Act (“NLRA”). On October 5, the National Labor Relations Board extended the date for the notice to be posted from November 14 to January 31, 2012.
As personal injury attorney, not only do I advocate for auto accident prevention through programs such as Lommen Abdo’s public service campaign against distraction driving called Focus on the Road® - I am also passionate about auto insurance. I want to ensure our clients have adequate insurance coverage for themselves and their families in the event a collision would, unfortunately, occur.
Estate planning for the entertainer, athlete, performer, or creative client can present unique challenges, particularly with the handling of intellectual property. Unique planning is encountered with compositions, manuscripts, collections, and other creative inventions, and the right to publicity for well-known clients.
As a personal injury attorney, countless clients have told me that the driver that hit them was looking down at the time of the collision and was driving while distracted. Those clients are alive to tell their story. Others are not so lucky. Within the last year, I started a Facebook and Twitter account to continue Lommen Abdo’s public service campaign against distracted driving: Focus on the Road®.
Entertainment and media industry professionals in the areas of music, technology and film gathered during the South by Southwest (SXSW) Interactive, Film and Music Conferences from March 11th to 20th in Austin, Texas.
Lommen Abdo Law Firm presents, in conjunction with South by Southwest (SXSW), Legal Issues in the Music, Film and Emerging Technology Industries. 36 industry leaders will fill 12 panels addressing topics related to the current music, film and technology industries. All SXSW registrants are welcome. Attorneys may register for up
On September 16th, the Senate (by a vote of 61-38) passed the Small Business Lending Funding Act, as amended by the Senate.
Lommen Abdo's Entertainment & Sports Department presents the Third Annual Entertainment & Sports Law Symposium on Friday, November 12, 2010. The CLE will take place on the 50th floor of the IDS Center in Minneapolis and is presented with the support of the GRAMMY Foundation®, Super Lawyers, Thomson Reuters and Digital Media Wire.
Litigation of business disputes today is expensive and always comes at the most inopportune times. You may not be able to avoid it completely but there are some common areas of risk of which you should beware. Learn how to minimize the cost and disruption associated with litigation and the dragons discussed below.
Stacey DeKalb of Lommen Abdo offers employment training programs for businesses. She would be willing to come to your organization or your business to make a presentation on many employment topics
Contract recitals are often included at the beginning of an agreement to lay out the background of the deal. The Minnesota Court of Appeals recently addressed whether such recitals are binding and what happens when the recitals contain terms or obligations not included in the actual terms of an agreement.
The Health Care and Education Reconciliation Act of 2010 and Patient Protection and Affordable Care Act complete a massive overhaul of the U.S. Health Care System affecting nearly all taxpayers, many employers and many elements of the health care industry.
Last year, the city of Bozeman, Montana, implemented a policy that prospective employees must supply the usernames and passwords for any web sites they belonged to, including Facebook, MySpace, Yahoo, Google and YouTube, so that they could make informed decisions about recruiting, hiring and firing.
The economic crisis of recent years has resulted in near record bankruptcy filings. The impact upon your business when a customer or vendor files a petition for bankruptcy can be devastating.
"'Going green' must start at the company's top," an article authored by Bob Abdo, Lommen Abdo, and Kim Carlson, EarthSmart LLC, was published in the April/May 2010 Upsize Minnesota Magazine.
Since 2005, Lommen Abdo has produced the continuing legal education program, "Legal Issues in the Music Industry," presented in conjunction with the SXSW Music Conference. In 2010, two additional CLE panels were added during the SXSW Film Conference and Interactive Festival for a total of 12 panels featuring 30 speakers.
Congress very unexpectedly let the federal estate tax die for 2010. The public and the experts are confused about what it all means, but it may have implications for how your estate is distributed. The current situation is a huge mess which creates uncertainty for those with large estates.
Labels are demanding a portion of an artist's income from touring, publishing, endorsements, and sale of merchandise, in addition to the vast majority of the record sale income that labels have always enjoyed. Labels also want to make money from the books that artists write, the Hollywood movies in which they act and the fan clubs they create. In fact the labels want to share in absolutely everything. Does that sound fair to you?
For five years, Lommen Abdo Law Firm has produced the continuing legal education program (CLE)Legal Issues in the Music, Film and Emerging Technology Industries. Over 32 industry leaders will fill ten panels addressing topics related to the current music, film and technology industries. There is no additional charge for CLE to anyone attending the SXSW Conference. Attorneys may register for up to 10.0 CLE credits. All SXSW registrants are welcome.
On February 16, 2010, the Court of Appeals, in McNeilly vs Department of Employment and Economic Development (A09-895), ruled that even employees subject to regular seasonal lay-offs, who anticipate returning to work with their same employer, are still obligated to be actively seeking employment during their time off in order to be eligible for unemployment benefits.
President Barack Obama signed the Haiti Assistance Income Tax Relief Act on January 22nd. The signing comes after the Senate, on January 21st, passed by unanimous consent the Haiti Assistance Income Tax Relief Act (S. 2936), which was identical to H.R. 4462, passed by the House on January 20th.
The Internal Revenue Service in early January 2010 issued guidance on how to correct certain failures of deferred compensation plans to comply with Internal Revenue Code § 409A. Failure to comply with IRC § 409A can be costly from a tax standpoint. We recommend that all businesses with IRC § 409A plans review their plans for document and operational compliance. Further, if deficiencies are identified that corrective action be taken. If correction is necessary, the earlier the document is corrected the better.
We invite you to talk with us about alternatives to traditional hourly billing rates. We have traditionally charged for most legal work on an hourly basis and continue to do so in most instances.
On December 21, 2009 President Obama signed into law an extension and expansion of the COBRA premium subsidy law that otherwise would have expired on December 31. The new law, which became effective immediately, extends the eligibility period for the premium reduction for an additional two months (through Feb. 28, 2010) and increases the maximum period for receiving the subsidy by an additional six months (from nine to 15 months). Employers must notify certain current and future COBRA beneficiaries within a tight time frame.
Now is the right time to review and evaluate the organization and operation of your nonprofit organization. Enforcement activity of tax-exempt organizations has increased exponentially by both the Internal Revenue Service and states attorneys general. Failure to maintain proper records or render proper statements may result in substantial penalties and/or the revocation of an entity's tax exempt status. Set forth below are some of the areas and topics that nonprofit organizations should review at least annually.
With the Senate's focus on health care reform, tax legislation was delayed and many tax provisions will expire before they reconvene in January. The hope is that legislation will be passed quickly to restore the expiring provisions, and the top Democrat and Republican on the Senate Finance Committee,...
In managing the business and affairs of a corporation, a Board of Directors has a great deal of power and authority and few restrictions. Each individual director must, however, comply with the legally required standard of conduct.
Lommen Abdo and its entertainment attorneys presented the Second Annual Entertainment & Sports Law Symposium on Thursday, November 12, 2009. The CLE took place on the 50th floor of the IDS Center in Minneapolis and was presented in cooperation with Minnesota Law & Politics® and the GRAMMY Foundation®.
The tax law changes in 2010 so that everyone will have the ability to convert a traditional IRA to a Roth IRA. Historically, this option has only been available for taxpayers with modified adjusted gross income that did not exceed $100,000 in the rollover year.
The Internal Revenue Service redesigned Form 990 in 2008 and added a new “Governance, Management, and Disclosure” section. We have recently received a significant number of questions from clients concerning this redesigned form, what it means and whether the client should take any action in response. Let me address those concerns.
As cases of the seasonal and H1N1 flu are increasing, employers are reminded of the key role they play in protecting employees' health and safety as well complying with the myriad of laws and regulations that come into play in such an outbreak. Planning for the disruption that is inevitable in the event of pandemic influenza is critical but in addition, employers must be aware of their obligations under the Family and Medical Leave Act, the Americans with Disabilities Act, the Minnesota Human Rights Act, the Fair Labor Standards Act, Workers' Compensation laws, employee privacy laws, and other such laws.
When The New York Times started a series of articles this summer entitled "Driven to Distraction," my attention was riveted.
While I knew texting and driving was a lethal combination, I was still stunned to see that a recent study had found that texting while driving raises your crash risk by 23 times! This is news we need to take to heart, especially when a recent study continues to confirm that a majority of teenagers think its okay to text and drive. Not only is the NY Times series well thought out, it was on the exact topic of Lommen Abdo's public service campaign: Focus on the Road.
Alternative energy issues aren’t just for the mega-firms and Fortune 500 Companies any more. Green business is a trend that is integral in the economic recovery. This seminar is designed for businesses -- from small to large -- and their owners and managers, bankers, financers, attorneys, CPAs and other trusted advisors. The seminar is being presented by Minnesota CLE on Tuesday, December 8, 2009. Brad Lehrman of Lommen Abdo is course-chair of this green event.
With new technologies radically altering how consumers receive content and the Internet fast becoming the dominant distribution network, managing distribution is key to the future of entertainment business. The conference will bring together lawyers, technologists, futurists, and business professionals to assess the emerging laws and their business impact.
Lommen Abdo attorneys Barry O’Neil and Tom Dougherty successfully “ungated” a hedge fund investment on behalf of the firm’s client, a limited partner investor.
Minnesota's new child passenger safety law requires a child who is both under age 8 and shorter than 4 feet 9 inches to be fastened in a child safety seat or booster.
On August 3, 2009, Wisconsin became the first state in the Midwest to recognize same-sex domestic partnerships, despite having a constitutional amendment banning same-sex marriages or civil unions. The new legal status gives same-sex partners some benefits traditionally enjoyed only by spouses or family members, without the broad property protections which come with a traditional marriage.
Time is running out for many small businesses wishing to take advantage of the expanded business loss carry back option included in this year’s recovery law, the Internal Revenue Service said today. Eligible individuals have until October 15 to choose this expanded carry back option. Eligible calendar-year corporations have until September 15.
Seventh Annual Human Rights Law and Policy Conference: Refugee Protection around the World: Durable Solutions or Durable Suffering? on June 22, 2009 presented by the Advocates for Human Rights. Brad Lehrman will speak on “Strategies for Developing Durable Solutions.”
Liability Policy Limits: Do You Know Your Limits?
Do you know what your liability policy limits are on your automobile insurance policy? Most of us just look at the price tag of automobile insurance premiums and give little thought to how much financial protection you are actually affording yourself and your family. But even in tough economic times, automobile insurance coverage is not something to skimp on. Too little liability insurance coverage can put your
The federal stimulus act, the American Recovery and Reinvestment Act of 2009 ("ARRA"), which became law February 17, 2009, includes significant changes to the health benefit provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) and affects eligible former employees, their families and employers.
With all of the attention focused on the bailout and tax relief to bolster our economy, little attention has been given to looming changes in the estate planning field. For those considering lifetime transfers, now may be a good time to look at the various options available before any new changes limit the tax benefits. Regardless of the size of your estate, it is recommended that your review your plan once every five years – and more often if there are significant changes in circumstances such as divorce, death, sale of a business or a significant economic downturn.
2009 Medical Malpractice Conference on April 23, 2009 and presented by Minnesota Association for Justice. Sheila Bjorklund spoke on “Balancing Negligent Credentialing with Physicians’ Suits for Discipline.”
2009 Midwest Art, Entertainment & Sports Law Institute on April 24, 2009 and presented by Minnesota CLE. Ken Abdo spoke on “Music Distribution - Same as It Never Was” (the moderator is Susan Stephan - a former Lommen Nelson associate), and Lee Hutton spoke on “Coaches’ Contracts in the New Millennium.”
The SXSW Music Conference in Austin, Texas, in conjunction with Lommen Abdo Law Firm, offered an eight hour continuing legal education program on March 20 and 21, 2009. Support for this program was provided by the GRAMMY Foundation Entertainment Law Initiative, The Recording Academy GRAMMYs on the Hill and Thomson Reuters.
2009 Family Law Institute on March 30, 2009 and presented by Minnesota CLE. Kay Hunt gave an update on the Baker case. You can read these past decisions under our Appellate Decisions tab: Minnesota Court of Appeals Decision of December 9, 2008; Minnesota Supreme Court Decision of June 26, 2008; and Minnesota Court of Appeals Decision of July 3, 2007.
Deskbook Seminar: How to Litigate the Civil Case in Minnesota State Court on March 27, 2009 (second day of two-day conference) presented by Minnesota CLE. Kay Hunt discussed "Post-Trial Motion Procedure and Appeals."
2009 Minnesota Appellate Practice Institute on March 6, 2009 and presented by Minnesota CLE. Kay Hunt and Judge Connolly discussed "Ethics and Professional Responsibility in Appellate Practice."
First Judicial District Bench/Bar Conference in Eagan, Minnesota, on February 6, 2009, presented by the Minnesota State Bar Association. Kay Hunt and Justice Gildea discussed "Recent Decisions Every Litigator Should Know."
The Music Business Law Seminar on October 24, 2008 presented by the Entertainment, Arts & Sports Law Section of the New York State Bar Association. Bob Donnelly spoke on “Deals by Genres Here and Abroad.”
Jennifer O’Neill presented on October 21st at St. Bridget’s in River Falls, Wisconsin.
Lommen Abdo and its entertainment attorneys presented The Entertainment & Sports Law Symposium on Thursday, November 13, 2008. The CLE took place on the 50th floor of the IDS Center in Minneapolis and was presented in cooperation with Minnesota Law & Politics® and the GRAMMY® Foundation.
The word ‘audit’ sends shivers through the spines of most emerging business owners. It conjures up nightmares of grim IRS field agents in cheap suits poring over stacks of documents in your CFO’s now-ransacked office. Why would anyone choose to be audited?
2008 Art, Entertainment & Sports Law Institute on April 25th presented by Minnesota CLE. Ken Abdo and Paul Bezilla spoke on “Music: Recording Agreements in the Digital Economy” and Dan Satorius spoke on “Fair Use in Documentaries.”
The 29th Annual Family Law Institute on March 31st presented by Minnesota CLE. Kay Hunt spoke with Patrick Schmidt on “Inside the Baker Case.”
Securities for the Business Attorney on February 13th sponsored by Minnesota CLE. Phil Cole spoke on “Liability Under Federal and State Securities Laws - For the Company and for You, the Attorney” and Brad Lehrman spoke on “Issues Influencing Finance Structure and Investment Decisions: A Case Study.”
The New Lawyer Experience on January 9th and 10th and presented by Minnesota CLE. Ken Abdo spoke on "Niche Practice Areas: One Might be Right for You."