Do I Really Need an Estate Plan? Three Questions to Ask Yourself

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Contrary to popular belief, not only Warren Buffet and Mark Zuckerberg require estate plans. If you own anything when you die, you have an estate. Your estate includes personal property, real estate, retirement accounts, life insurance, and business interests. Putting a basic estate plan in place can help ease the administrative burden of your death on …

Case in Point: Row the Boat! How P.J. Fleck acquired the slogan

The worlds of sports and law often collide, and the results can be both highly entertaining and extremely educational. “Case in Point” features Lommen Abdo attorney Jeff O’Brien and Dave Harrigan from 1500 ESPN Twin Cities’ Mackey & Judd Show, discussing the latest legal issues affecting the sports world in Minnesota and beyond and the …

Estate Planning in a Digital World

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In an increasingly digital age, more and more of our most valuable assets are taking on digital forms. While most people are familiar with basic wills and trusts as management tools for bequests of tangible personal property, our digital assets are often overlooked in the context estate planning. Digital assets can account for a significant …

Case in Point: A National Signing Day Episode

The worlds of sports and law often collide, and the results can be both highly entertaining and extremely educational. “Case in Point” features Lommen Abdo attorney Jeff O’Brien and Dave Harrigan from 1500 ESPN Twin Cities’ Mackey & Judd Show, discussing the latest legal issues affecting the sports world in Minnesota and beyond and the …

Lommen Abdo adds to both litigation and corporate practices

Lauren Nuffort, a litigator, and Jesse Beier, an estate planning and corporate attorney, joined Lommen Abdo as associates this month, bringing new perspectives and increasing the firm’s depth of talent.  Scroll down to read more about Lauren and Jesse, who are pictured here with Lommen Abdo President Keith Broady.   Jesse Beier Jesse Beier works …

Case in Point Show: Rickey Foggie on state of Gophers football, athletic department

The worlds of sports and law often collide, and the results can be both highly entertaining and extremely educational. “Case in Point” features Lommen Abdo attorney Jeff O’Brien and Dave Harrigan from 1500 ESPN Twin Cities’ Mackey & Judd Show, discussing the latest legal issues affecting the sports world in Minnesota and beyond and the …

Case in Point Show: Who gets what in the new Major League Baseball labor deal?

The worlds of sports and law often collide, and the results can be both highly entertaining and extremely educational. “Case in Point” features Lommen Abdo attorney Jeff O’Brien and Dave Harrigan from 1500 ESPN Twin Cities’ Mackey & Judd Show, discussing the latest legal issues affecting the sports world in Minnesota and beyond and the …

Case in Point Show: Infamous Sports Business Deals

The worlds of sports and law often collide, and the results can be both highly entertaining and extremely educational. “Case in Point” features Lommen Abdo attorney Jeff O’Brien and Dave Harrigan from 1500 ESPN Twin Cities’ Mackey & Judd Show, discussing the latest legal issues affecting the sports world in Minnesota and beyond and the …

Ken Abdo Honored by American Bar Association

The American Bar Association Forum on the Entertainment & Sports Industries presented its 2016 Ed Rubin Award to Ken Abdo during the Forum’s annual meeting in Las Vegas on October 7, 2016.  The Ed Rubin Award is the forum’s highest honor and is given to one member each year in recognition of leadership and service. Ed …

New OSHA Regulations

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The Occupational Safety and Health Administration (OSHA) has placed new reporting requirements on employers in certain industries pursuant to its final ruling to revise the Recording and Reporting Occupational Injuries and Illnesses regulation. The new regulations took effect August 1 of this year, however, employers have until November 1, 2016 to prepare for enforcement of …

Case in Point Show: Ramifications and Fallout of the U of M Sexual Assault Case

The worlds of sports and law often collide, and the results can be both highly entertaining and extremely educational. “Case in Point” features Lommen Abdo attorney Jeff O’Brien and Dave Harrigan from 1500 ESPN Twin Cities’ Mackey & Judd Show, discussing the latest legal issues affecting the sports world in Minnesota and beyond and the …

Vaccine Law 101

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Did you know that for vaccine injuries, while you need a lawyer who is admitted to the U.S. Court of Federal Claims and a member of the Vaccine Bar, your lawyer does not need to be admitted in the same state where the injury occurred.  This means that Lommen Abdo can represent you for your …

Eighth Circuit Affirms FLSA Exemption for Motor Carrier Loader

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The Eighth Circuit Court of Appeals (covering Minnesota, North Dakota, South Dakota, Iowa, Missouri, Kansas, and Nebraska) recently reaffirmed that the United States Department of Transportation (DOT) — not the Department of Labor (DOL) — has jurisdiction to control the qualifications and maximum hours of service for certain employees of interstate motor carriers. Williams v. Central …

Case in Point Show: Diving into the Joe Mauer and Adrian Peterson Contracts

The worlds of sports and law often collide, and the results can be both highly entertaining and extremely educational. “Case in Point” features Lommen Abdo attorney Jeff O’Brien and Dave Harrigan from 1500 ESPN Twin Cities’ Mackey & Judd Show, discussing the latest legal issues affecting the sports world in Minnesota and beyond and the …

Amendments Passed on Minneapolis Sick and Safe Time Leave Ordinance

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On September 23, 2016 the Minneapolis City Council passed a number of amendments to the Minneapolis Sick and Safe Time Leave Ordinance which takes effect July 1, 2017.  City staff is currently working on a FAQ document, with release scheduled for October, and the Ordinance contemplates rule-making which has not yet occurred. The amendments adopted …

Case in Point Show: A Conversation About Athletes Who Protest From Multiple Perspectives

The worlds of sports and law often collide, and the results can be both highly entertaining and extremely educational. “Case in Point” features Lommen Abdo attorney Jeff O’Brien and Dave Harrigan from 1500 ESPN Twin Cities’ Mackey & Judd Show, discussing the latest legal issues affecting the sports world in Minnesota and beyond and the …

Jamie Johnson Participating in Dancing With the Hudson Stars

Lommen Abdo Attorney Jamie Johnson is one of the local celebrities in the 2016 Dancing with the Hudson Stars fun-draising event on September 17th! Jamie says I was “recruited” to be a contestant in the fundraising event.  While skeptical at first, I am having a blast learning the dance moves and I expect the whole …

Five Lommen Abdo Attorneys are 2017 Best Lawyers

Five Lommen Abdo attorneys are listed among the 2017 Best Lawyers. The list is compiled each year by The Best Lawyers in America. The attorneys are: Phil Cole, listed in both legal malpractice law and personal injury litigation; Roger Stageberg, corporate; Kay Nord Hunt, appellate law; Ken Abdo, entertainment; and Bob Abdo (corporate). Best Lawyers …

Case in Point Show: U of M vs. J. Robinson: An Employment Law Perspective

The worlds of sports and law often collide, and the results can be both highly entertaining and extremely educational. “Case in Point” features Lommen Abdo attorney Jeff O’Brien and Dave Harrigan from 1500 ESPN Twin Cities’ Mackey & Judd Show, discussing the latest legal issues affecting the sports world in Minnesota and beyond and the …

So You Want Your Child to Have the Family Home…

It seems to be a common theme.  Adult child lives with parent.  Maybe this is for financial reasons, or perhaps the child is acting as caretaker.  Parent wants child to have the home at the time of the parent’s death.  If the proper planning isn’t done, however, it’s very unlikely that the transition of the …

Case in Point Show: New Perspectives on Deflategate

The worlds of sports and law often collide, and the results can be both highly entertaining and extremely educational. “Case in Point” features Lommen Abdo attorney Jeff O’Brien and Dave Harrigan from 1500 ESPN Twin Cities’ Mackey & Judd Show, discussing the latest legal issues affecting the sports world in Minnesota and beyond and the …

Sick and Safe in Minneapolis

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Following on the heels of several other cities, the City of Minneapolis jumped on the ever lengthening train of municipalities mandating paid time off for almost every employee working within the city limits. The ordinance, effective July 1, 2017, requires all but the smallest employers to provide employees with paid time off, in proportion to …

Board Elections

July, 2016 Keith Broady has been re-elected to a two-year term as President of the Lommen Abdo Law Firm, a trial, business and entertainment law firm with offices in Minneapolis; Hudson, Wisconsin; and New York City. Bob Abdo, Bryan Feldhaus, Brent Johnson and Barry O’Neil were each elected to a two-year term on the firm’s …

Case in Point Show: Major League Hacking

The worlds of sports and law often collide, and the results can be both highly entertaining and extremely educational. “Case in Point” features Lommen Abdo attorney Jeff O’Brien and Dave Harrigan from 1500 ESPN Twin Cities’ Mackey & Judd Show, discussing the latest legal issues affecting the sports world in Minnesota and beyond and the …

Yours…Mine…and Ours – Tips on Successful Estate Planning with Blended Families

If you’re remarried, you may face some interesting planning considerations when it comes to completing your estate plan. The planning for blended families can be quite different from the planning you did in your first marriage as there is now yours, mine and ours. The key to successful planning is open communication and a full …

Case in Point Show: How athletes get ripped off and scammed

The worlds of sports and law often collide, and the results can be both highly entertaining and extremely educational. “Case in Point” features Lommen Abdo attorney Jeff O’Brien and Dave Harrigan from 1500 ESPN Twin Cities’ Mackey & Judd Show, discussing the latest legal issues affecting the sports world in Minnesota and beyond and the …

Lommen Abdo’s 2016 Super Lawyers

Twelve Lommen Abdo lawyers are listed on the 2016 Super Lawyers list and one attorney is listed on the 2016 Rising Stars list, as determined by Minnesota Super Lawyers. Kay Nord Hunt, chair of our Appellate Section, is listed in both the Top 100 Super Lawyers and the Top 50 Women Super Lawyers. The list …

The marriage is ending. Now what? Who gets what? What do I need to know?

Join Aging But DANGEROUS and Lommen Abdo Law Firm at Urban Growler Brewing on August 4, 2016. Attorneys Marc Johannsen and Kay Nord Hunt will address these topics: What issues arise when a long-term marriage ends? Trends in Minnesota with regard to spousal maintenance. How do I protect myself and my assets in a second …

Case in Point Show: A legal perspective on the O.J. Simpson trial

The worlds of sports and law often collide, and the results can be both highly entertaining and extremely educational. “Case in Point” features Lommen Abdo attorney Jeff O’Brien and Dave Harrigan from 1500 ESPN Twin Cities’ Mackey & Judd Show, discussing the latest legal issues affecting the sports world in Minnesota and beyond and the …

Hey Fido: Come, Sit and Stay for the News…You’re a Trust Beneficiary!

Many of us consider our pets to be part of our family.  This means we worry about who will care for them in the event of our deaths, but more importantly, how do we make sure there’s enough money set aside for this purpose?  Minnesota, last but not least, has finally joined the ranks of …

Kathleen Loucks participates in national vaccine injury conference

The United States has the safest, most effective vaccine supply in history, according to the Department of Health and Human Resources.  In the majority of cases, vaccines causes no side effects.  However side effects can occur, as with any medication.  Very rarely, people experience more serious side effects, like allergic reactions.  In those instances, the …

Case in Point Show: Coach-parent dynamics on youth sports

The worlds of sports and law often collide, and the results can be both highly entertaining and extremely educational. “Case in Point” features Lommen Abdo attorney Jeff O’Brien and Dave Harrigan from 1500 ESPN Twin Cities’ Mackey & Judd Show, discussing the latest legal issues affecting the sports world in Minnesota and beyond and the …

Case in Point Show: Should celebrities have more control over their likenesses?

The worlds of sports and law often collide, and the results can be both highly entertaining and extremely educational. “Case in Point” features Lommen Abdo attorney Jeff O’Brien and Dave Harrigan from 1500 ESPN Twin Cities’ Mackey & Judd Show, discussing the latest legal issues affecting the sports world in Minnesota and beyond and the …

When a Client Dies During…Litigation

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At common law, a personal injury action abates with the death of either party.  The Supreme Court in Johnson v. Consolidated Frieghtways, Inc.discussed the rationale behind the common law: The old non-survival rule sprang from the medieval view of torts as a form of revenge, incapable of being continued on behalf of either victim or wrongdoer. Read …

Case in Point Show: Will daily fantasy sports be legalized in Minnesota?

The worlds of sports and law often collide, and the results can be both highly entertaining and extremely educational. “Case in Point” features Lommen Abdo attorney Jeff O’Brien and Dave Harrigan from 1500 ESPN Twin Cities’ Mackey & Judd Show, discussing the latest legal issues affecting the sports world in Minnesota and beyond and the …

Representing Retired Athletes

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Jeff O’Brien and Carl Eller teamed up to write an article on the representation of retired athletes which appeared in the May/June 2016 Hennepin Lawyer. When Marshawn Lynch, a Super Bowl–winning professional football player for the Seattle Seahawks, recently announced his retirement from the NFL at age 29, it was reported that he had been …

Lommen Abdo Expands its Transportation, Litigation and Business Practices

Attorneys Michael Glover and Jason Engkjer have joined Lommen Abdo, bringing additional strength to the firm’s business and litigation practices and expanding its transportation law practice. After over 25 years representing motor carriers, freight forwarders, shippers, logistics providers and businesses, Michael Glover has moved his practice back to downtown Minneapolis to offer greater business services …

Employers are Advised to Start Preparing for the DOL’s New Exempt Employee Rules

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UPDATE: On May 18, 2016, the Department of Labor issued the long-anticipated final overtime rule.  The rule includes an exempt employee minimum salary threshold of $47,476 ($913 per week) — less than the proposed rule’s $50,440 but slightly more than double the old threshold of $23,660. The new rules will allow non-discretionary bonuses, incentive payments and commissions to …

Solo Practice: Rules (or at least guidelines) of incorporation for solos

Jeff O’Brien gave his opinion in a Minnesota Lawyer article on guidelines for incorporation of solo practices.  A segment of the article is contained below.  Read the full article. It’s time for you to make the jump to a fulltime solo practice. Maybe you’re just out of law school or you’re leaving a firm. What do …

Phil Cole Awarded for Professional Liability Litigation Practice

Phil Cole was named “Professional Liability Litigation Attorney of the Year – Minnesota, USA” by M&A Today in their Global Awards – 2016 Edition. The M&A Today Awards strive to be the World’s most coveted and complete awards programs, taking votes from over 163 countries globally.  The awards recognize dedication to excellence on a global …

Fourth Circuit Court of Appeals Holds Insurer Obligated to Defend Data Breach Claims Under Commercial General Liability Policy

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In Travelers Indemnity Company of American v. Portal Healthcare Solutions, LLC, Appeal No. 14-1944 (4th Cir. Apr. 11, 2016), the Fourth Circuit Court of Appeals held that Travelers must defend Portal Healthcare, a medical records company, against a class action lawsuit under a personal and advertising injury coverage provision in a Traveler’s commercial general liability …

FINRA’s Comparative Analysis May Lead to Compliance Complacency

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Each year FINRA (Financial Industry Regulatory Authority) issues its Regulatory and Examination Priorities Letter, which identifies FINRA’s regulatory priorities for the upcoming year. For example, in 2015, FINRA identified five priorities that it intended to focus on, which included standards of ethical behavior, supervisory and risk management systems, and the management of conflicts of interest.  See FINRA, …

Fraudulent Transfer Law Now Voidable Transactions Law

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In 2015, Minnesota adopted the new Uniform Voidable Transactions Act, which was recommended by the National Conference of Commissioners on Uniform State Laws. The new law replaces the Uniform Fraudulent Transfers Act, which dates back to 1987. Before 1987, the Uniform Fraudulent Conveyances Act was the law in Minnesota. The history of laws on fraudulent …

News about Lommen Abdo and Its Clients

Check out what is happening in the news relating to the firm and our clients.   February 23, 2017 Jeff O’Brien and 1500 ESPN’s Dave Harrigan discuss P.J. Fleck and his Row the Boat slogan. The guys discuss how he developed Row the Boat, how and why he purchased the rights from Western Michigan, how …

Seminars and Other Information Sharing

October 18, 2016 Jeff O’Brien was a featured speaker at the Minnesota Shopping Center Association’s October learning session entitled “Minnesota’s Brewery Boom From Ale to Z.”  Mr. O’Brien, who represents numerous Minnesota breweries, discussed legal and legislative issues affecting Minnesota’s brewing industry.   October 7, 2016 Ken Abdo spoke at the Annual Meeting of the …

News on Tap

Check out what is happening in the news relating to the firm and our clients.   October 18, 2016 Jeff O’Brien was a featured speaker at the Minnesota Shopping Center Association’s October learning session entitled “Minnesota’s Brewery Boom From Ale to Z.”  Mr. O’Brien, who represents numerous Minnesota breweries, discussed legal and legislative issues affecting …

Employment Training Services for Employers

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Lommen Abdo Employment Training Services for Employers Stacey A. DeKalb, Chair of the Lommen Abdo Employment Law Practice, conducts employment training programs for our business clients.  Some of the most popular sessions are those geared towards supervisory employees, who act on behalf of the employer, as well as have responsibility for responding to the actions …

Grandma’s “Simple” Will – A Great Story!!

Grandma, bless her soul, was a generous lady. She wanted to name each grandchild in her will so that they would know how special each of them was to her. So, one day she decides to create her will with an on-line program. Keeping things simple, her will stated: All tangible personal property to granddaughter …

SXSW 2016: Legal Issues in the Music, Film and Emerging Technology Industries

Lommen Abdo Law Firm presents, in conjunction with South by Southwest (SXSW), Legal Issues in the Music, Film and Emerging Technology Industries. Over 30 industry leaders will fill 12 sessions addressing topics related to the current music, film and technology industries.  All SXSW registrants are welcome. Attorneys may register for up to 12.0 CLE credits. MATERIALS Presented by Nels Jacobson and Ken …

Mediation Q&A with James Johnson

What can I do to reduce the risk of litigation in real estate transactions from the buyers perspective?   Why would clients who are having problems with insurance companies come to you?   As a client, why use a branch office firm that has offices in Minneapolis and Hudson?   View all of the videos …

New Beverage Clients Open for Business

2015 was another milestone year for Minnesota breweries as the number of open breweries in the state surpassed 100, a sharp increase from the five breweries open just ten years ago.  It was also a busy year for Lommen Abdo’s beverage clients, several of whom opened during the year. The following brewery clients opened in …

Have You Made New Year’s Resolutions for Your Business?

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The start of a New Year means the annual ritual of making New Year’s resolutions. Aside from personal resolutions, have you considered any resolutions for your business? If not, here are three that you should consider. Have Your Corporate Documents Reviewed and Updated as Needed Your corporate documents are not meant to be signed up …

Love is in the February Air

February…the month of love. It got me thinking about marriage. So I hopped onto Urban Dictionary* to see how others define it. Among the traditional definitions, I found a few gems. One said marriage is “the number one cause of divorce.” Another one states marriage is “the most successful wealth transfer scheme ever invented.” Funny …

Let’s get charitable in the New Year!

Are you required to take minimum distributions from your IRA but you don’t want or need the additional taxable income? Are you charitably inclined? On a temporary basis since 2006, IRA owners have had the ability to exclude up to $100,000 from gross income for distributions paid directly from their IRAs to a qualified charity. …

Kathleen Loucks and Mike Moline Elected Lommen Abdo Shareholders

Kathleen Loucks and Mike Moline have become shareholders of Lommen Abdo, P.A. effective January 1, 2016. Kathleen Loucks is a litigator who focuses on business and construction defect litigation, as well as medical malpractice and insurance coverage disputes. In her 15-year career, Kathleen has championed individuals and businesses in state and federal courts throughout the …

Q&A with Michael Glover

For a client using transportation services, what are a few important items to consider?   What is the best way to work with, or push back against, government regulators or investigators?   How can you best avoid employment discrimination claims?   View all of the videos from this Q&A by ReelLawyers.com.  

Q&A with Jason Engkjer:

What type of litigation matters do you normally handle for your transportation clients?   Describe the importance of thoughtful business organization and documents.   When should a client consider settlement as an option?   View all of the videos from this Q&A by ReelLawyers.com.  

Notable Verdicts: organ transplants gone wrong, botched surgeries, bad priests

Minnesota Lawyer included a recent Lommen Abdo case in an article titled, “Notable Verdicts: organ transplants gone wrong, botched surgeries, bad priests.”  The plaintiff underwent a pancreas transplant at the University of Minnesota and within the year was dead from a rare form of cancer. Investigation revealed that the same disease had killed the organ donor. …

Estate planning can be good for your health!

Did you know having a well thought out estate plan can help build a solid foundation for your health? Especially if you’re 50 or older – there are guidelines to follow if you want to maintain a healthy lifestyle. Let’s take a look at a few of them…and the sooner the better. Get lots of …

Jury Finds for Plaintiff in Transplant Case

A Hennepin County jury recently found the University of Minnesota Physicians and Dr. Ty Dunn negligent in accepting a pancreas for transplantation where the cause of the donor’s death was unclear. The case was tried by Kathleen Loucks of Lommen Abdo and Edward Milstein of Dankner, Milstein & Ruffo for the plaintiff. The jury awarded …

Understanding Successor Liability

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Keith Broady spoke on August 26, 2015 for the national webinar presented by The Knowledge Group on Successor Liability: What you Need to Know. Issues relating to whether one company or individual can be held liable for the debts of another company are frequently encountered by businesses. There is a presumption of corporate separateness that precludes …

2016 Estate and Gift Tax Update

The federal estate and gift tax exemption will increase to $5,450,000 in 2016 (up from $5,430,000 in 2015). This is the total amount a person can gift during their lifetime and leave to others at death. Together, a married couple can shelter up to $10.9M. The federal estate tax rate on amounts in excess of …

Business Litigation & Real Estate Q&A with Brent Johnson

Why is it important for the owners to work with a lawyer when starting up a new business? What is a shareholder dispute? Why would a client choose a medium size firm like Lommen Abdo over one of the BIG law firms for business litigation? View all of the videos from this Q&A by ReelLawyers.com.

Civil Litigation Q&A with Barry O’Neil

What issues come up most in employment law litigation? What rights do minority shareholders have in a shareholder dispute?   What is the first thing a business should do if served with a commercial litigation lawsuit?   View all of the videos from this Q&A by ReelLawyers.com.

Resolving Property Damage Insurance Claims

This year has again brought us countless hail and extreme weather events. In fact, only Texas has more hail claims per year than Minnesota. It’s an unfortunate fact of life that where there is property damage, insurance claims and disputes soon follow.  Fortunately, property owners in Minnesota and Wisconsin have a powerful tool available to …

Five Lommen Abdo Attorneys are Best Lawyers

Five Lommen Abdo attorneys are listed among the 2016 Best Lawyers. The list is compiled each year by The Best Lawyers in America. The attorneys are: Phil Cole, listed in both legal malpractice law and personal injury litigation; Roger Stageberg, corporate; Kay Nord Hunt, appellate law; Ken Abdo, entertainment; and Bob Abdo (corporate). Best Lawyers …

Medical Malpractice & Civil Litigation Q&A with Kathleen Loucks

Why would a client hire you?   You’ve handled medical malpractice cases both for the plaintiffs and for the defendants – how does that impact your handling of any case?   What should I look for in choosing a lawyer to handle my vaccine-related injury?   View all of the videos from this Q&A by …

Deb Swenson Rejoins Lommen Abdo

Deb Swenson rejoined Lommen Abdo as a shareholder on September 15th. Deb works with clients to preserve their rights in bankruptcy through an active motion practice and defense of adversary proceedings, including preference actions, and other commercial litigation. Her clients include companies involved in the transportation, staffing, financial, petroleum and service industries who find themselves …

Brad Wicklund Selected as Unsung Legal Hero

Brad Wicklund was honored by Minnesota Lawyer as an Unsung Legal Hero at a luncheon on September 10th.  Read the article which appeared in Minnesota Lawyer.  Brad is shown below receiving his award and with a group from Lommen Abdo which attended the event.   Lommen Abdo also honored Brad at a surprise party on …

The Unexpected Oil Spill

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Most businesses assume that if they don’t handle hazardous materials they have little risk for toxic waste spills. But as longtime Lommen Abdo client Dennis Diaz of BGD Companies found, an environmental disaster can strike any time. Even when the spill is not your fault, a prompt response can be the difference between a small …

Vacation homes: What are your options for keeping it in the family?

Do you have a vacation home that you would love to keep in your family? Here are some ideas to ponder to make that happen! But first, you really do want to ask your children/grandchildren not only whether they are interested in continuing to own the vacation home, but are they interested in owning it …

Is that Employee Really an Employee?

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On July 15, 2015 the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued an Administrator’s Interpretation analyzing how the Fair Labor Standards Act’s (FLSA) definition of “employ” guides the determination of whether workers are employees or independent contractors under the law. The Interpretation discusses the breadth of the FLSA’s definition …

Lommen Abdo’s 2015 Super Lawyers

Phil Cole (Litigation) and Kay Nord Hunt (Appellate), chair of our Appellate Section, are listed in Minnesota’s Top 100 Super Lawyers, as determined by Minnesota Super Lawyers.  Kay Nord Hunt is also listed in the Top 50 Women Super Lawyers. Others on the Super Lawyers list include Ken Abdo (Entertainment), Bob Abdo (Business/Corporate); Keith Broady, …

Family Law Q&A with Marc Johannsen:

How did the “best interest” factors change in 2015?   What jurisdictional considerations do I need to keep in mind if I am getting a divorce and live in Minnesota while my spouse lives in Wisconsin?   What custody rights do grandparents have to see his or her grandchildren?   View all of the videos …

VIDEOS

Brewery/Distillery Law Q&A with Jeff O’Brien: What is the first thing you recommend to clients before starting his or her own brewery/distillery?   What laws regulate breweries/distilleries?   What is your experience in brewery/distillery law?   View all of the videos from this Q&A by ReelLawyers.com. View other videos with Jeff O’Brien.   PODCASTS & …

Civil Litigation Q&A with Bryan Feldhaus:

What is compliance and why is it important?   How can companies effectively assess and manage risk?   What is your unique legal philosophy that you bring to clients?   View all of the videos from this Q&A by ReelLawyers.com.  

Civil Litigation Q&A with Keith Broady:

What types of issues do you see most often in your commercial litigation practice?   What is the first thing I should do if my professional license is being threatened?   What is your experience in civil litigation?   View all of the videos from this Q&A by ReelLawyers.com.  

Ten Key Legal Steps You Need to Take to Start Your Own Brewery

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Owning a brewery can be a lifelong dream come true. No more gray cubicles, and the ability to get paid to do something you love: make beer. Starting a brewery, however, can be a daunting task. Besides purchasing equipment and supplies, owners also have to navigate the myriad of legal issues in this heavily regulated …

Minnesota Implements Significant Family Law Reform

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For the first time in a number of years, the Minnesota Legislature passed a series of significant reforms in the area of family law. The omnibus family law bill (S.F. 1191) signed by Governor Dayton on May 14, 2015, (1) rewrote the Best Interests of the Child Statute (Minn. Stat. § 518.17, subd. 1); (2) …

Jamie Johnson shares lessons learned in 25 years of practice

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This spring of 2015 marks several milestones in my life: 25 years married to my wife, Jean; 25 years living in the Hudson community; and 25 years as a litigation attorney for the Lommen Abdo law firm. In those 25 years, I have learned many lessons relating to litigation and the practice of law in …

Downloading Technology in Legal Practice: Amendments to the Rules of Professional Conduct

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Introduction Today’s tech tools, including mobile devices, cloud computing and social media, represent the new era of legal service. With those tools, among others, lawyers are able to better serve clients through increased efficiency, visibility and responsiveness. But technology has also introduced new risks to legal practice. Law firms, like Sony, Target, and Home Depot, …

Bryan Feldhaus Attains LL.M. Degree in Corporate Compliance and Organizational Ethics

Attorney Bryan Feldhaus graduated with his LL.M. degree in Corporate Compliance and Organizational Ethics from the University of St. Thomas School of Law on May 9th. Bryan was part of UST Law’s inaugural class in the LL.M. compliance program, which responds to the growing risk of compliance and regulatory-related obligations businesses of all sizes face. …

Court of Appeals: Child Entitled to Vaccine Program Compensation

Lommen Abdo Vaccine Group Attorney Sheila Bjorklund obtains favorable United States Court of Appeals Decision on National Vaccine Injury Compensation Program claim in Paluck v. Secretary of Health and Human Services. http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/14-5080.Opinion.5-18-2015.1.PDF After an epic eight year long battle of hearings, appeals and remands, the Court of Appeals upheld a Court of Federal Claims Judge’s …

New Twist on an Old Scam

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Lawyers are used to taking urgent calls from clients requesting immediate assistance on important matters. But when the client calls to report that there is a warrant out for her arrest, the sense of urgency rises to a new level. This is the situation that confronted business lawyer Bob Abdo recently. A longtime client had …

Parental Alert: Three Essential Documents for Your Young Adult Children

With the school year coming to a close, many families will be preparing their high school graduates for the future, whether it includes a post-secondary education or a full-time job. Parents are often surprised to learn that they no longer have legal authority to assist with or make decisions for their children once they turn …

SXSW 2015: Legal Issues in the Music, Film and Emerging Technology Industries

Lommen Abdo Law Firm presents, in conjunction with South by Southwest (SXSW), Legal Issues in the Music, Film and Emerging Technology Industries. Over 25 industry leaders will fill 12 sessions addressing topics related to the current music, film and technology industries.  All SXSW registrants are welcome. Attorneys may register for up to 12.0 CLE credits. MATERIALS Presented by Nels …

Kay Nord Hunt quoted in Litigation Daily on expert testimony issue

Lommen Abdo appellate attorney Kay Nord Hunt was quoted in the November 10, 2014 American Law Litigation Daily about an Eighth Circuit Court of Appeals decision addressing the standard for admitting expert testimony in federal courts, Johnson v. Mead Johnson, LLC, 754 F.3d 557 (8th Cir. 2014). Ms. Hunt was successful in obtaining a reversal …

Minnesota Supreme Court Rejects Use of Ponzi Scheme Presumptions

Creditors, bankruptcy trustees and receivers may not use the so-called Ponzi scheme presumptions in cases brought under the Minnesota Uniform Fraudulent Transfer Act (MUFTA). Recent clawback claims against banks, investors and other financial institutions receiving payments from criminal actors such as Corey Johnston and Tom Petters have often based their claims on such presumptions and …

Jeff O’Brien Named a Resource Hero by New Business Minnesota

New Business Minnesota published the following article in their February 2015 Resource Heroes edition. Nobody succeeds in business alone, especially not new businesses. They often rely on professionals with specific skills or services they need to launch and grow their enterprises. They turn to their Resource Heroes: business professionals who have made a significant difference …

Recent Court of Appeals Case Emphasizes Importance of Following Corporate Formalities

A 2015 unpublished Minnesota Court of Appeals decision reiterates the importance of following corporate formalities in order to avoid personal liability for the obligations of a business entity. In Langford Tool & Drill Co. vs. The 401 Group, LLC, et al., Court File No. A14-0507, Lommen Abdo attorneys Barry O’Neil and Kay Nord Hunt successfully …

Mike Moline is one of Lommen Abdo’s board certified attorneys

Mike Moline has been recertified as a civil trial advocate by the National Board of Trial Advocacy (NBTA). Mike has been an NBTA member in good standing for five years. He is licensed to practice in Minnesota and Wisconsin. He has been involved in more than 50 trials and 500 binding arbitrations and appraisals. The …

Estate planning changes to note in 2015

In terms of estate planning news for 2015, you should be aware of several things: Federal Estate Tax When someone passes away, estate tax may be owed if the decedent dies with assets in excess of the estate tax exemption amount. The federal exemption amount for decedents passing away in 2015 increased to $5,430,000 (up …

Are you aware that Minnesota amended its Termination of Sales Representatives Act?

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Minnesota law has long protected from termination without cause sales representatives who represent manufacturers, wholesalers, assemblers or importers and solicit wholesale orders. Until recently, this law could be circumvented by contractual choice-of-law clauses providing for the application of the laws of another state. But in an amendment effective August 1, 2014, the legislature has now declared …

Employment law Q&A with Stacey DeKalb:

What are some practical things to keep in mind regarding pre-employment investigations?   What is your experience in this area of law?   What termination agreement considerations should be examined by employers that are considering offering severance to a terminated employee?   View all of the videos from this Q&A by ReelLawyers.com.  

Kathleen Loucks Brings Her Practice to Lommen Abdo

Veteran trial lawyer and commercial litigator, Kathleen Loucks, joins Lommen Abdo’s Litigation team after seven years at Hellmuth & Johnson. She started her career in the courtroom, cutting her teeth in criminal court as a prosecutor. Kathleen spent the last seven years at Hellmuth, building a solid reputation as a skilled and tough, yet fair-minded, …

Highlights and Status of the Minnesota Medical Marijuana Law

December 1, 2015 Update: The Minnesota Department of Health chose Minnesota Medical Solutions and Leafline Labs as the two manufacturers for Minnesota’s medical marijuana program. Earlier this spring, the Minnesota Legislature and Governor Dayton enacted a law that provides a limited medical cannabis distribution system. Starting in July 2015, access to the drug will be …

The verdict’s in: construction client prevails

On September 25, 2014 Lommen Abdo, led by litigator Valerie Sims, achieved a defense verdict on behalf of Richter Construction, a general contractor, in Hennepin County District Court. The judge had previously denied summary judgment on the statute of limitations (SOL), stating there was a fact issue on when the Plaintiffs knew or should have known …

Lommen Abdo’s 2014 Super Lawyers

Phil Cole (General Litigation) and Kay Nord Hunt (Appellate), chair of our Appellate Section, are listed in Minnesota’s Top 100 Super Lawyers, as determined in conjunction with the Super Lawyer selection process conducted by Minnesota Super Lawyers.  Kay Nord Hunt is also listed in the Top 50 Women Super Lawyers. Others on the Super Lawyers …

Lommen Abdo Strengthens its Litigation and Entertainment Law Groups

Adam Gislason, a commercial litigator and entertainment lawyer, brings his law practice to Lommen Abdo. Practicing law for 13 years, Adam joins Lommen Abdo’s Entertainment Law and Litigation teams after spending the past four years at Snyder Gislason Frasier, LLC, where he represented parties in commercial and intellectual property litigation, as well as a wide …

Six Redskins Trademark Registrations Cancelled by Trademark Trial and Appeal Board

On June 18, 2014, the Trademark Trial and Appeal Board (“TTAB”) of the United States Patent & Trademark Office (“USPTO”) cancelled six trademark registrations consisting in whole or in part of the term REDSKINS for professional football-related services on the grounds that they were disparaging1 to Native Americans at the respective times that they were registered.2  Amanda …

Lommen Abdo Sets Move to International Centre

Lommen Abdo announced that the firm has agreed to a long-term lease commencing January 1, 2015 in the International Centre located at 920 Second Avenue South in downtown Minneapolis. The move to the International Centre will allow the firm to design space that is well suited to the way law firms now operate. “Lommen Abdo …

The Eighth Circuit Court of Appeals Affirms Use of Differential Etiological Analysis in Minnesota Products Liability Action

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In a Minnesota products liability suit, expert testimony based on a differential etiological analysis is scientifically valid, reasonably applied and sufficiently reliable to be admitted under Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993) and Fed. R. Evid. 702. In evaluating the differential etiology method in the case at hand, the Eighth Circuit …

Worker Classification Issues for Breweries 101

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Many breweries take advantage of the abundance of people interested in helping their business grow by allowing them to volunteer at the brewery. Depending upon the nature of the duties they are performing, classifying an individual who ought to be treated – and compensated – as an employee as a “volunteer” can lead to significant …

Choosing the Right Attorney for Your Startup Business

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Introduction Successful business owners will be the first to tell you that behind any successful business is a team of competent advisors. While you, as the owner, are the expert in your business (be it an auto body shop, a consulting firm or a restaurant), you will need professionals, including accountants, financial advisors and attorneys, to advise you …

Appellatory: Lommen Abdo’s New Legal Blog Hot Dish

Want to know more about appeals? Check out Appellatory, the new legal blog hot dish, at http://appellatory.com. The blog was created and will be populated by Lommen Abdo’s appellate team: Kay Nord Hunt, Bryan Feldhaus, Leah Isakson and Mike Leonard. The site will feature practical observations and advice on appellate practice in the state, federal, …

Allowances Go Digital With FamDoo

WCCO (Channel 4 News) recently aired a story about Lommen Abdo’s new start-up client, FamDoo, which is a company that automates the allowance system and takes it into the digital age. Along with the simplicity of handling allowances with a smartphone and your thumb, it is a platform that helps teach kids responsibility, financial literacy …

Bryan Feldhaus & Jeff O’Brien Elected Lommen Abdo Shareholders

Bryan Feldhaus and Jeff O’Brien have become shareholders of Lommen Abdo, P.A. effective January 1, 2014. Bryan Feldhaus is a civil litigation attorney focusing on business litigation, appeals, partnership/shareholder litigation, professional liability disputes, insurance coverage litigation and intellectual property litigation. Bryan provides clients practical, business-savvy legal services and enjoys assessing and developing litigation strategies. He …

Master Licensing for Compilations

The following article was authored by Paul Bezilla for inclusion in the book “Licensing of Music – From BC to AD (Before the Change/After Digital)” by the International Association of Entertainment Lawyers (IAEL).  The book was launched at the Midem Festival in Cannes, France in early February. Licensing Provisions and Considerations In the early 1980’s, when …

SXSW 2014: Legal Issues in the Music, Film and Emerging Technology Industries

Lommen Abdo Law Firm presents, in conjunction with South by Southwest (SXSW), Legal Issues in the Music, Film and Emerging Technology Industries. Over 30 industry leaders will fill 12 sessions addressing topics related to the current music, film and technology industries.  All SXSW registrants are welcome. Attorneys may register for up to 12.0 CLE credits. MATERIALS Presented by Nels …

Kay Nord Hunt Named a 2013 Attorney of the Year

Each year, Minnesota Lawyer, an independent newspaper dedicated to providing court opinions, verdicts, settlements, appellate decisions, and legal news to enhance the practice of law, recognizes the best achievements in the Minnesota legal profession with the Attorneys of the Year awards. Kay Nord Hunt, chair of Lommen Abdo’s appellate practice, is being recognized as a …

U.S. News – Best Lawyers® Releases 2014 “Best Law Firms” List

U.S. News & World Report and Best Lawyers, for the fourth consecutive year, has announced that the Lommen Abdo Law Firm is included in the 2014 “Best Law Firms” rankings. Lommen Abdo’s appellate practice received a national ranking in the 2014 lists. Regional rankings for the Minneapolis/ St. Paul Metropolitan Area included four litigation practices …

Lommen Abdo Strengthens its Litigation Practice

Mike Moline, a national construction litigator, and Mike Leonard, a former Seventh Circuit Court of Appeals law clerk, have joined Lommen Abdo. Mike Moline handles Andersen Windows construction litigation throughout the country. Andersen is the country’s largest manufacturer of residential windows and glass doors. He also represents the Science Museum in construction litigation matters. He …

Moline obtains defense verdict in multimillion-dollar home trial

Read about the defense verdict which Mike Moline obtained in a multimillion-dollar product liability/construction defect trial in Miami-Dade County: Lawyers.com, September 5, 2013: Jury Rejects Homeowners’ $10M Lawsuit Over ‘Moldy Mansion’ Palm Beach Daily News, September 1, 2013: “Vecellio mansion trial wraps up; Judge to rule on contractual, warranty issues involving disputed repairs at oceanfront …

Child Entitled to Damages for Adverse Vaccine Reaction

2015 UPDATE: Read about the decision of the Federal Circuit Court of Appeals. Seven years after the petition for compensation was filed on behalf of minor Karl Paluck for injuries he sustained following receipt of five vaccines, he has won his right to compensation. Karl Paluck was born with a mitochondrial disorder, that remained undiagnosed …

Ask Upsize: Glenn Kessel on the New Minnesota Estate & Gift Tax

[Q] I am a divorced small business owner in Minnesota with a net worth of approximately $3,000,000. How will the new Minnesota estate and gift tax affect my ability to leave my estate to my children with minimum gift and estate taxes? Read Glenn Kessel’s answer to this question in the Ask Upsize segment at Upsize Magazine.

Lommen Abdo Focuses on Prevention: A Seminar to Help Employers Reduce Risk and Headaches

Worried about doing something that might hurt your business down the road? Do you think engaging an attorney would be too costly? Not every dispute is avoidable, but an ounce of prevention can help reduce legal risks and costs. Many lawsuits involve independent contractor disputes, non-competes, defamation or privacy claims. Join us for this seminar …

To Leave or Not to Leave: Determining Minnesota Residency for Tax Purposes

The new tax law significantly affects taxpayers and their estates by enacting a gift tax (and thereby joining Connecticut as the only states to impose a state-level gift tax) and amending the estate tax and income tax. The Minnesota Legislature passed this Omnibus Tax Bill on May 20, 2013 and Governor Dayton signed it into …

U.S. Treasury Department Delays Mandate for Employee Health Coverage

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The U.S. Treasury Department issued an unexpected announcement on Tuesday, July 2, 2013 delaying the mandate for employers to offer health insurance coverage to their employees. The mandate, which applies to employers with at least 50 full time equivalent employees, was to become effective January 1, 2014. The new effective date is January 1, 2015. …

Kay Nord Hunt Presented with Gustavus Adolphus Distinguished Alumni Citation

Kay Nord Hunt was presented with the Gustavus Adolphus Distinguished Alumni Citation on June 1st. This award has been given annually since 1955 and recipients include Supreme Court Justices J.R. Magney and G. Barry Anderson, Governor Harold LeVander; Artist Paul Granlund and many others in business, education, medicine, religion, government and other disciplines. Ms. Hunt …

Minnesota’s Amended Rules for Civil Cases: A Summary

The Minnesota Supreme Court has adopted amendments to the Rules of Civil Procedure and the General Rules of Practice for the District Courts to be effective July 1, 2013. The amendments significantly change the process for civil cases. All attorneys handling civil cases in Minnesota State District Courts need to review and understand all of …

Misclassification of Workers Continues to be Scrutinized

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Businesses nationwide continue to face scrutiny for their classification of certain workers as independent contractors. For the past several years, federal and state government agencies have stepped up on-site audits of companies to determine whether workers are properly classified as independent contractors or employees.  Read the article below drafted by Stacey DeKalb which appeared in …

Favorable Decision in Defending Construction Contractor

Keith Broady and Nick Dolejsi received a favorable court decision in defending a construction contractor from claims of construction defects. The plaintiff, a homeowners’ association for a condominium, made direct claims against both the contractor and developer alleging many construction defects. The contractor requested the court dismiss all direct claims made by the plaintiff against …

NLRB Poster Deadline Postponed to April 30, 2012

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UPDATE to October 20, 2011 Article: NLRB Implementation of Final Rule Requiring Employers to Post NLRA Rights Poster Postponed until April 20, 2012 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. The NLRB postponed implementation of …

Appellate Q&A with Kay Nord Hunt:

Advantages of working with an appellate advocate.   The best way to work with an appellate advocate.   Kay’s appellate experience     View all of the videos from this Q&A by ReelLawyers.com.  

Ask Upsize: Roger Stageberg on Improving Your Bottom Line

[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 Immunities of Lawyers

Phil Cole has authored an ebook in a series published by ExecSense, Digital Thought Leadership.  Phil’s ebook is titled “The Immunities of Lawyers.”  Below is an excerpt of the ebook.  Read the full ebook. Lawyers are granted unique protections against civil liability under a variety of state and federal statutes and principles of common law …

SXSW 2013: Legal Issues in the Music, Film and Emerging Technology Industries

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.  All SXSW registrants are welcome. Attorneys may register for up to 12.0 CLE credits. MATERIALS Presented by Nels Jacobson and Ken …

Alternative Investments Using Self-Directed Retirement Funds

Jeff O’Brien has co-authored an eBook published by ExecSense, Straight From the Top:  Lessons from Leading Corporate Lawyers.  Jeff’s chapter is titled “Alternative Investments Using Self-Directed Retirement Funds.”  Below is an excerpt of the chapter. Read the full chapter. Traditionally, entrepreneurs seeking capital for their new venture – be it an operating enterprise or a …

Lommen Abdo Ranked Among Nation’s Top 2,446 Firms

Lommen Abdo is among only 2,446 law firms nationwide recognized by Martindale-Hubbell® as one of the 2013 Top Ranked Law Firms in the U.S. for having one of every three of its attorneys achieve an AV Preeminent® rating. Twenty-five of Lommen Abdo’s 45 attorneys are AV-rated – well above the 33% rating required for this …

Life Insurance Owed Family of Motorcycle Driver

Around noon on October 27, 2007, Anthony McClelland was involved in a tragic motorcycle crash on Highway 169 near Baldwin, Minnesota. At the time of the accident, Mr. McClelland was not wearing a helmet and witnesses estimated that he was traveling at approximately 90 miles per hour with two other vehicles. Mr. McClelland was unable …

Farm Tractor Not an Insured Vehicle Under Auto Policy

If you decide to drive a farm tractor to town to pick up groceries, will your no-fault vehicle insurance cover someone injured in a collision with the tractor? No, according to the decision of the Minnesota Court of Appeals in Kastning v. State Farm Insurance Companies, 821 N.W.2d 621 (Minn.Ct.App. 2012). The Kastning court held …

Complex Exit Planning Strategies Made Manageable During Seminar

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 …

Ask Upsize: Glenn Kessel on 401K Regulations

[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? Read Glenn Kessel’s answer to this question in the Ask Upsize segment at Upsize Magazine.

The 2012 “JOBS” Act

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. The JOBS Act amended the federal securities laws to provide for a …

Lommen Abdo’s Margie Bodas Selected as 2012 Industry Leader

Margie Bodas, Vice President of Practice Management at Lommen, Abdo,  Cole, King & Stageberg, P.A. was selected as one of the 2012 Women in Business Industry Leaders by the Minneapolis St. Paul Business Journal. “Lommen Abdo . . . might be the Swiss Army Knife of law firms.” the Business Journal article stated. “And the …

Leah Isakson Joins Lommen Abdo’s Hudson Office

Leah Isakson has joined Lommen Abdo as a litigation associate in the Hudson office. Her practice includes a wide array of litigation areas, including insurance defense litigation, family law, personal injury and commercial litigation. She also assists with Wisconsin appeals. Prior to joining Lommen Abdo last month, Ms. Isakson was an associate in private practice …

Lommen Abdo Welcomes Jeff O’Brien

Jeff O’Brien joined Lommen Abdo February 16, 2012. Jeff practices in the areas of business formations, business transactions, real estate law, estate planning and probate law. His clients represent a diverse array of businesses and business owners including real estate agents, developers and investors, title companies, community banks, film producers, restaurant operators, manufacturing companies, and …

Minnesota Court of Appeals Rules on Dickhoff Case

A medical-malpractice claim based on a physician’s failure to diagnose cancer is not barred as a mere “loss of chance” (or reduced-chance) claim when the misdiagnosis resulted in a delay in treatment that makes it more likely than not that the patient will not survive the cancer. Read the Star Tribune article: Will false diagnosis cost …

Creative Solutions from Practitioners in Dealing with Real Property Issues and the Increase in Drafting Language to Deal with the Possibility of Foreclosures in J&Ds

Jeff O’Brien wrote an article on the complicated set of questions family law practitioners face in the current housing market which appeared in the Winter 2011 Family Law Forum. “Prior to the current housing market downturn, the primary real estate question for family law practitioners was which party would be awarded the homestead.  Today, with …

Court Approves Settlement in 876 Bondholders/St. Paul Port Authority Case

The Ramsey County District Court gave final approval for the settlement between Plaintiffs, 876 Bondholders, and the St. Paul Port Authority at a hearing before the Honorable Robert Awsumb on October 27, 2011. Get more information: Read more about the settlement; Read the Star Tribune article; Read the Pioneer Press article.

Marc Johannsen New Mayor of Vadnais Heights

The City of Vadnais Heights welcomes a new Mayor! Marc A. Johannsen was appointed as Mayor at the October 19, 2011 City Council meeting. Johannsen replaces Susan Banovetz who resigned effective September 30th to take a position with the University of Minnesota-Duluth. Read the full press release.

Closely Held Business Seminar: Avoid the Obstacles; Grab the Opportunities

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 …

NLRB Requires Most Employers to Post New Notice by January 31, 2012

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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 …

Kay Hunt Singled Out as Minneapolis Best Lawyers Appellate Practice Lawyer of the Year

Best Lawyers has named Kay Nord Hunt of Lommen Abdo as the “Minneapolis Best Lawyers Appellate Practice Lawyer of the Year” for 2012. Best Lawyers is one of the oldest and most respected peer-review publications in the legal profession. Steven Naifeh, President of Best Lawyers, says, “We continue to believe – as we have believed …

Preliminary Approval Granted on 876 Bondholders/Port Authority Settlement

The Ramsey County District Court granted preliminary approval of a settlement agreement between Plaintiffs 876 Bondholders and the St. Paul Port Authority on September 23, 2011. Keith Broady of Lommen Abdo Law Firm, lead attorney for Plaintiffs, recommended approval of the settlement agreement to the Court because: The settlement ends over five years of contentious …

Lommen Abdo Client Wins Reversal of Summary Judgment in Watkins Case

The Eighth Circuit Court of Appeals found that when the facts are developed at trial, a reasonable factfinder could reach one of several factual conclusions: (1) the Appellants were misled into believing that the terms of the 1988 Agreement would continue to govern the parties’ contractual relationship; (2) both parties intended for the 1988 Agreement …

Net Winners in Madoff Ponzi Scheme Lose

SECOND CIRCUIT UPHOLDS MADOFF BANKRUPTCY COURT RULING THAT INVESTORS NOT ENTITLED TO DETERMINE LOSSES BASED ON LAST STATEMENT. On August 16, 2011, “net winners” in the massive Madoff Ponzi scheme were delivered a blow by the Second Circuit U.S. Court of Appeals. The Madoff “net winners” argued for a method whereby gains or losses in …

Grandparent Visitation Clarified

The Minnesota Court of Appeals recently clarified the bounds of grandparent visitation in its decision in the case of In re the minor child C.D.G.D. v. Darst. Minnesota has long recognized a statutory right for grandparents to petition the Court for visitation with their grandchildren. See Minn. Stat. §257C.08, subd. 1. That right, however, has …

Time to take a look at patent prosecution practices

Bryan Feldhaus wrote an article in the August 2011 Minnesota Lawyer on the America Invents Act of 2011. “Since the enactment of the Patent Act of 1870, the United States patent system has been based on a “first-to-invent” priority system, which entitles an inventor to a patent if the inventor first conceived and diligently reduced …

Client Wins Partnership Breakup Case

Lommen attorneys Thomas Jacobson, Kay Hunt and Diane Odeen successfully represented David Bushard before the Wisconsin Supreme Court in a case that dealt with the breakup of a partnership. In 1995, Bushard and Steven Reisman formed PressEnter, a partnership that provided internet dial-up services to communities in western Wisconsin. The business flourished, but the friendship …

Lommen Abdo Files Suit Against Distributor of Defective Hip Replacement System

MINNEAPOLIS – A lawsuit was filed today in the Minnesota First District Court in Carver County on behalf of three plaintiffs who are claiming injuries resulting from a defective hip replacement system. The suit alleges that Simpson & Associates of Chanhassen aggressively marketed, distributed and sold the DePuy ASR hip replacement system, which was recalled …

Final Regs Issued on Treating Musical Works as Capital Assets

The IRS issued final regulations on February 4, 2011 governing how to elect to treat the sale or exchange of a musical work or copyright in a musical work as a sale or exchange of a capital asset (TD 9514). The IRC § 1221(a)(3) definition of capital asset excludes certain property held by a taxpayer …

Judicial Ride-Along Program: Another Look

Kathleen Loucks wrote and article in the 2011 Hennepin Lawyer on her experience with the Judicial Ride-Along Program in Hennepin County. “I was fortunate enough to be able to participate in the Hennepin County Judicial Ride-Along Program last spring.  My interest was piqued after reading the January 2010 article from Chris Morris who also participated …

Kay Hunt Obtains Win in Light Cigarette Litigation at Minnesota Court of Appeals

The Minnesota Court of Appeals has revived a class action lawsuit against the Philip Morris tobacco company by smokers of its Marlboro Light cigarettes. The plaintiff class argued the company used fraud and misrepresentation to convince consumers that the light or low-tar cigarettes were less dangerous than standard varieties. Lommen Abdo’s Kay Nord Hunt, who …

Sugarland Settlement Reached in Band Break Up Case

Barry O’Neil and Ken Abdo obtained the widely publicized settlement of departing member claims for Kristen Hall, the founding member of superstar country act Sugarland.  O’Neil and Abdo are members of Lommen Abdo’s litigation and entertainment advisory team for Ms. Hall who brought the partnership claim for a one-third interest against her former band mates.  Ms. Hall started Sugarland in 2002, helped build its brand …

Phil Cole Singled Out as Legal Malpractice Lawyer of the Year

Best Lawyers, the oldest and most respected peer-review publication in the legal profession, has named Phillip A. Cole as the “Minneapolis Best Lawyers Legal Malpractice Lawyer of the Year” for 2011. Cole is president of Lommen, Abdo, Cole, King & Stageberg. He litigates professional liability, commercial disputes and business torts. After more than a quarter …

Recitals in a Contract Do Not Create Binding Obligations

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. In the case of Construction …

Lommen Abdo Assists in Koua Fong Lee Release

Lommen Abdo was recently involved in the post-conviction hearing concerning Koua Fong Lee.  Kay Hunt, Bryan Feldhaus, Diane Odeen and Nick Dolejsi provided legal strategy, issue analysis and briefing support to Brent Schafer and Bob Hilliard, Lee’s lead counsel, in petitioning the Ramsey County District Court for post-conviction relief based on newly discovered evidence and …

Why employers must address networking sites

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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. When news of the Bozeman background check process was publicized, …

How to avoid financial pain when others file

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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. You can alleviate the economic loss, however, by learning about the different types of bankruptcies, the effect of the automatic stay, 341 Meetings of …

‘Going Green’ Must Start at Company’s Top

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“‘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.  Also in that issue is a profile discussing Lommen Abdo’s own initiatives and the work it does with clients, “Assisting clients with green legal issues while putting sustainability …

Brent Johnson: A 2010 Leader in the Law

Lommen Abdo’s Brent Johnson was among 23 attorneys spotlighted by the Wisconsin Law Journal as individuals who consistently give their best to their clients, to the administration of justice, and to the organizations they enrich through their outside efforts. He was selected as one of the Wisconsin Law Journal’s 2010 Leaders in the Law. In …

Employers Who Regularly Lay Off/Recall Workers Should be Aware of New Minnesota Case Law

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On February 16, 2010, the Minnesota Court of Appeals, in McNeilly v. Department of Employment and Economic Development (A09-895), ruled that 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 …

Mike Keyes Moves to Lommen Abdo

Lommen Abdo welcomed Michael E. Keyes as a shareholder on January 12, 2010. Mike is an experienced commercial litigator who focuses in the areas of professional liability, securities fraud and complex business litigation. He represents partnerships, corporations and individuals throughout the United States in accountant liability, securities fraud class actions, shareholder disputes, contract disputes, and …

Lommen Abdo’s Alternative Billing Methods

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. However, alternative billing methods can provide you with greater predictability as to the total fee you will have to pay and …

Nonprofit Organization Check-Up

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 …

How Minnesota Nice Affects Board Decisions

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. Minnesota law provides that a director “shall discharge the duties of the position of director in good faith, …

Lommen Abdo Successful in ‘Ungating’ Hedge Fund Investment

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. Here is the background: The client purchased a limited partnership interest from the hedge fund in 2005. The investment paid our client a monthly return on his investment and required the …

Here’s how to bring home revenue due

Bryan Feldhaus wrote an article in the June-July 2009 Upsize Minnesota magazine on collecting on outstanding accounts. “A lagging economy has led to a sharp increase in accounts receivable for many businesses.  Customers that once paid within terms are now slipping from first base to second base with some sliding into third. Business owners must …

But Who Will Be At Fault?

Co-authored by Sheila Bjorklund.  Appeared in Minnesota Physician Vol. VII No. 11, January 1994.