Minnesota Supreme Court Contemporizes and Retains Severe-or-Pervasive Standard for Sexual Harassment Cases Brought Under the Human Rights Act

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In Kenneh vs. Homeward Bound, Inc., 2020 WL 2893352 (Minn. S. Ct. 2020), the Minnesota Supreme Court rendered a decision in a human rights violation case.  Kenneh sued her former employer, Homeward Bound, for sexual harassment in violation of the Minnesota Human Rights Act.  Minnesota courts have followed federal case law interpreting Title VII of …

Minnesota Bad Faith Decision Highlights Importance of Designating Decision-Maker

As we know, the Minnesota Supreme Court heard oral arguments in Peterson vs. Western National Mutual Insurance Company on January 6, 2020. That Minnesota Supreme Court decision concerned Minnesota’s new bad faith statute: Minn. Stat. § 604.18. In essence, in that third-party action a UIM claim was brought against Western National, it went to verdict …

New $10,000 Minnesota Grant Now Accepting Applications

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The Minnesota Department of Employment and Economic Development (DEED) began accepting applications on Tuesday, June 23 for a new grant program from the State of Minnesota. To be eligible, businesses must be in good standing as of March 1, 2020, be able to demonstrate hardship as a result of the COVID-19 outbreak, have a permanent …

COVID-19 Countermeasures Receive Broad Immunity

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The Department of Health and Human Services (HHS) passed a Declaration under the Public Readiness and Emergency Preparedness (PREP) Act effective as of February 4, 2020 through October 1, 2024. Manufacturers are protected from legal liability for additional 12 months from the above expiration date.[1] Under the PREP Declaration, negligence cases involving future COVID-19 vaccines, …

Return to Work – What Employers Should Consider Before Reopening the Front Door

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As states continue to modify and end stay-at-home orders, Minnesota and Wisconsin employers should give substantial consideration to the many employment issues as furloughed and laid off employees return to the workplace. The COVID-19 pandemic created many new challenges and issues for employers and individuals. Additional issues will arise as employers and employees continue to …

Staying Nimble in a Time of Tumult

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Motor carriers, logistics providers, couriers and passenger carriers are in the COVID-19 crisis with the rest the world. At a rate none of us anticipated, except those with a military background, MTA members are asked to pivot on a moment’s notice to respond to changed circumstances, a new law, a news story, a piece of …

What happens if I am injured by COVID-19 related care or a vaccine?

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The Federal Government has granted broad immunity for healthcare providers and vaccine manufacturers related to the COVID-19 pandemic.  As such, those injured by a healthcare provider or vaccine manufacturer only have one remedy[1] – a claim under the Countermeasures Injury Compensation Program (CICP).[2] The Countermeasures Injury Compensation Program (CICP) The CICP is not a court, …

Family Law During the Time of COVID-19

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I am sure you have heard the joke at this point that all of this social distancing at home with your family and loved ones will lead to both a baby boom in nine months, as well as a boom in divorces. As a family law attorney, I am not quite so cynical. I believe …

Contracts and Covid-19

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In the current COVID-19 pandemic, our society is preparing not only for the boredom that accompanies Stay at Home, Shelter in Place, and other pseudo-quarantines of indeterminate length, but also for the business ramifications which follow. Certainly 2020 will be a year filled with cancelled events and closed “non-essential” businesses. While many contracting parties have …

Estate Planning From Home

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Over the past several weeks I have had many people contact me regarding their estate planning. Some are existing clients anxious to wrap up the process. Some are new clients asking how they can prepare their estate plan. The stress and anxiety caused by the coronavirus, increased time alone and the news cycle have caused …

We are here for you.

The COVID-19 emails are endless.  But I received one a day or so ago that offered a good perspective: In early British World War II when the public was bracing for widely predicted mass air attacks on major cities across the country, the British government created and posted everywhere the now famous and often mimicked …

Younger Doctrine Used to Dismiss Federal Court Claims

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Recently, in Berg v. Berg, et al., No. 19-CV-2676 (ECT/KMM), 2020 WL 490965 (D. Minn. Jan. 30, 2020), a dissatisfied party to a state court marital dissolution brought claims in federal court not only against his spouse, but also against the receiver and the Special Master who had ruled against him. Lommen Abdo successfully defended …

Phil Cole Has Retired From Practicing Law

After more than 50 years practicing law, Phil Cole retired in early January 2020. Phil was the visionary leader of Lommen Abdo, teaching everyone how to be the best law professional — with no shortcuts. Decades ago, he also taught us to embrace technology; something we are extremely grateful for today as we operate virtually during …

Lommen Abdo Adds to Its Litigation Practice in Both Minnesota and Hudson

Larry Rocheford and Brent Tunis have brought their litigation practices to Lommen Abdo this month, bringing new perspectives and increasing the firm’s depth of talent. Scroll down to read more about Larry and Brent.   Larry Rocheford New Lommen Abdo shareholder Larry Rocheford adds more litigation power to the firm’s trial team. Larry has successfully …

Post-Trial Motion Procedures – What You Need to Consider Before the Appeal Process

Kay Hunt presented on December 12, 2019 at How to Litigate a Civil Case in Minnesota by Minnesota CLE.  She presented on the topic “Post-Trial Motion Procedures – What You Need to Consider Before the Appeal Process.”   Overview: Post-decision motions and the need to preserve error Motions after trial Motions for reconsideration Stay and …

Estate Planning for Peace of Mind

Cameron Kelly spoke at the Friday Memorial Library in New Richmond, Wisconsin, on March 5, 2020 at 6 pm.  Cameron presented “Estate Planning for Peace of Mind,” which included a discussion of estate planning documents for both death and disability.  He also discussed probate and what clients can do to make sure their estate is …

Financial, Legal & Insurance Planning for Caregivers

Cameron Kelly spoke at Caring for Dementia: A Six-Week Education Series for Caregivers at The Lodge at the Lakes in Stillwater and offered by The Lakes at Stillwater and Bluestone Physician Services.  Cameron presented for one hour on Tuesday, November 12, 2019 on “Financial Legal & Insurance Planning for Caregivers.”   Topics: Power of Attorney …

Make Good Decisions During the Turmoil of a Family Law Case

Lommen Abdo’s family law group, including attorneys Marc Johannsen and Josh Feneis, was profiled in the September 2019 edition of the St. Croix Valley Magazine. “We see it as a transformative practice that helps people get through a difficult time in their life and move on to the next chapter,” says Johannsen. Divorce, adoption, custody …

Employers Advised to Evaluate Exempt Employee Status in Light of Salary Increase for “White Collar” FLSA Exempt Employees Effective January 1, 2020

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Effective January 1, 2020 a US Department of Labor rule takes effect increasing the minimum salary level required to qualify “white collar” workers for an overtime exemption. The salary requirement will increase from the level set in 2006, $455 per week ($23,600 per year), to $684 per week ($35,568 per year). This change applies to …

2020 Best Lawyers in America List Includes Four Lommen Abdo Attorneys

Four Lommen Abdo attorneys have been selected by their peers for inclusion on the list of 2020 Best Lawyers in America: Bob Abdo, corporate; Kay Nord Hunt, appellate and Bet-the-Company litigation; Barry O’Neil, real estate litigation and professional liability defense; Phil Cole, legal malpractice defense and personal injury litigation defense. Best Lawyers in America is …

The Importance of Business Succession Planning

Cameron Kelly presented “The Importance of Business Succession Planning” on October 24, 2019 at Hegarty Consulting Group.   Description: Business succession planning is the process of deciding the best way to transfer your business. What that plan looks like will depend on the needs of the business owner and the nature of the business. Cameron …

Creig Andreasen Joins Lommen Abdo, Focusing on Real Estate and Banking

Creig Andreasen knows a good deal when he sees one. He’s been helping clients acquire and sell real estate and other business ventures his entire career. Creig looks beyond the documents associated with a transaction to understand how they fit with a client’s long-term goals and strategy. He works to find creative solutions to complete …

Trusts 101

Cameron Kelly spoke at an NBI seminar, Trusts 101, on December 17, 2019 in Eau Claire, Wisconsin.   Program Description Provide your clients with the full spectrum of wealth preservation options. When assessing complex information, it often helps to break items into basic building blocks. The same approach can be successful when dealing with asset …

Types of Real Estate Ownership

Cameron Kelly spoke at a Minnesota CLE seminar on September 24, 2019, Real Estate Strategies for Estate Planning & Medical Assistance Practitioners.  He gave an overview of the types of real estate ownership.     Types of Real Estate Ownership: An Overview Trusts Limited Liability Corporations Joint Real Estate Ownership General Ownership

Legal Malpractice Actions and Ethics Issues Related to Bankruptcy Matters

Kay Hunt and Barry O’Neil spoke at the 2019 Bankruptcy Institute by Minnesota CLE on Friday, October 4, 2019.  They presented the final session, “Legal Malpractice Actions and Ethics Issues Related to Bankruptcy Matters.”  Also speaking was Todd Scott from Minnesota Lawyers Mutual.   Overview: Our panel of experienced attorneys will discuss potential malpractice claims …

Attorney Loucks Certified as a Civil Trial Law Specialist with MSBA

Kathleen Loucks, a Lommen Abdo litigator, achieved certification as a civil trial specialist by the Minnesota State Bar Association (MSBA). Loucks joins a very limited list of trial attorneys that have illustrated their commitment to bettering the legal profession by completing a rigorous application process and providing the consumer of legal services with an objective …

Lommen Abdo’s 2019 Super Lawyers

Lommen Abdo attorneys are recognized by their peers in the 2019 Minnesota Super Lawyer lists. Congratulations to Keith Broady, Phil Cole, John Crawford, Stacey DeKalb, Kay Nord Hunt, Jenneane Jansen, Cameron Kelly, Reid Lindquist, Mike Moline, Barry O’Neil and Roger Stageberg and to our 2019 Rising Stars: Bryan Feldhaus and Lauren Nuffort.   RECOGNIZED BY …

Lommen Abdo’s New Board

Jason Engkjer, Bryan Feldhaus and Brent Johnson have each been elected to a two-year term on Lommen Abdo’s board. Mike Glover, Kathleen Loucks and Barry O’Neil continue their two-year terms and Marc Johannsen is serving his second year as President.   Jason Engkjer was elected to a two-year term on Lommen Abdo’s board of directors. …

Bryan Feldhaus Earns Graduate Certificate in Cybersecurity and Privacy Law

Bryan Feldhaus recently earned a graduate Certificate in Cybersecurity and Privacy Law from the Mitchell Hamline School of Law. This Certificate was awarded to Mr. Feldhaus following his completion of five courses: Information Governance Information Governance and Security Risk Management Information Technology Systems and Security Controls Incident Management and Response Liability and Enforcement These courses …

Wage Theft and New Burdens on Minnesota Employers: Reporting and Disclosures and…Jail!

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Following the lead of other states, the 2019 Minnesota Legislature passed a somewhat watered-down “wage theft” bill which adds substantial disclosure and recordkeeping burdens on Minnesota employers which have little to do with wage “theft.” However, woe to the employer who actually does, with “intent to defraud,” steal wages from an employee. An earlier version of …

Minnesota Amends its Rule of Professional Conduct Relating to a Lawyer Admitted in Another Jurisdiction Providing Legal Services in Minnesota

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New changes are coming to Rule 5.5 of the Minnesota Rules of Professional Conduct for attorneys, which governs multijurisdictional practice and the unauthorized practice of law. The amendments are effective July 1, 2019. Rule 5.5 prohibits a lawyer from “practic[ing] law in a jurisdiction in violation of the regulation of the legal profession in that …

Lommen Abdo Selected as One of Top Three Best Law Firms by St. Croix Valley Magazine

Lommen Abdo was selected as one of the top three Best Law Firms by St. Croix Valley magazine.  Thanks for your vote.   Six Lommen Abdo lawyers work from our Hudson office: Leah Isakson, Litigation & Family Law Tom Jacobson, Litigation Marc Johannsen, Family Law Brent Johnson, Business Law Jamie Johnson, Litigation Cameron Kelly, Estate Planning And …

Preparing for and Surviving a Business Divorce

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Just like in a marriage, no one at the outset of a closely held company expects things to go south and end in divorce. But just like in a marriage, the best time to address what will happen if things do not go as hoped is at the outset when everyone is excited and working …

Breaking the Ice: Appellate Advocate Brings ‘New Eyes’ to Every Subject

Name: Kay Nord Hunt Title: Shareholder, Lommen Abdo Education: B.A, political science and history, Gustavus Adolphus College; J.D., Marquette University Kay Nord Hunt began working as an appellate advocate for Lommen Abdo before there was a Minnesota Court of Appeals.  Hunt clerked at the Wisconsin Court of Appeals for a year before joining the firm. …

Getting it done right or ready to fight, we mean business!

Whether you need to make sure it’s done right or you are ready to take on a fight, we’ve got you covered! Attorney Matt Hartranft can help from either the buy or sell side of an M&A transaction and can advise on general corporate matters such as formation, real estate matters, S-corp issues and more. …

Lommen Abdo adds expertise and depth with attorneys Jenneane Jansen and Matt Hartranft

Lommen Abdo has expanded both its litigation and business practices with Attorneys Matt Hartranft and Jenneane Jansen. Matt Hartranft Matt Hartranft works closely with owners and managers to assemble transactions for a wide range of businesses and ESOPs in the areas of business formation, contracts, shareholder/owner disputes, leveraged buy-outs and mergers and acquisitions for buying …

Effective Compliance in Small-to-Midsize Businesses

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The article below appeared in the May/June 2019 Upsize Minnesota magazine. Small-to-midsize businesses (SMBs) are not immune to compliance risks. To manage those risks, businesses must develop compliance programs that are specific and effective. That can be done by analyzing the five Ws (and one H). What: A business must first address the purpose of …

Commercial Litigation Q&A with Lauren Nuffort:

Why is early involvement so important in property subrogation? [Transcript] Why are contracts so important in construction defect litigation? [Transcript] What is a rewarding aspect in your practice as a professional liability defense attorney? [Transcript] View all of the videos from this Q&A by ReelLawyers.com.

Estate Planning for Peace of Mind

Cameron Kelly presented on May 2nd to employees at Hutchinson Technology, Inc., a TDK Company, in Eau Claire, Wisconsin, during their Financial Wellness Week.  He provided information on death and incapacity planning, probate, and basic estate planning documents such as wills, power of attorney, health care directive, and revocable living trusts.

US Supreme Court Walks Back Arbitration as a Way to Resolve Disputes Between Carriers and Independent Contractors

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To resolve disputes with its independent contractors, motor carriers frequently include broad mandatory arbitration clauses in their agreements with those contractors. Courts will usually compel arbitration under those agreements through application of the 1925 Federal Arbitration Act (FAA). From a motor carrier perspective, the benefit of an FAA based arbitration clause is swifter, less public, …

Shoulder Injuries from Vaccines? Separating Fact from Fiction

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This article appeared on the Mitchell Hamline Law Review blog on February 17, 2019.   SIRVA “Shoulder Injury Related to Vaccine Administration” is compensated through the National Vaccine Injury Compensation Program (VICP) which is administered through the United States Court of Federal Claims in Washington, DC. Through the VICP, persons who have been injured by vaccines …

Protecting My Client’s Clients: Confidentiality and Privilege Issues in Legal Malpractice Cases

Bryan Feldhaus was a panelist at an ABA webinar on February 12, 2019, “Protecting My Client’s Clients: Confidentiality and Privilege Issues in Legal Malpractice Cases.” Overview: Lawyers and law firm defendants are unique. For example, the defendant-lawyer is not released from Rule of Professional Conduct 1.6’s mandate to maintain client confidences belonging to clients other …

How did these three get to be shareholders in 2019?

They focused on client successes (not their own). They helped our clients accomplish goals. And, in the end, they gave our clients peace of mind. While Lauren Nuffort, Cameron Kelly and Jesse Beier may have different practices, they share a philosophy of the “client comes first” and thrive on solving legal challenges. Lommen Abdo is …

Estate Planning is for Everyone

For most people, the term “estate” conjures visions of stately mansions, fountains, private jets, and other luxuries associated with the superrich. However, if you own anything when you die, you have an estate. Your estate includes personal property, real estate, bank accounts, retirement accounts, life insurance, and business interests. Putting a basic estate plan in place …

Estate Planning From A to Z

Cameron Kelly spoke on February 6, 2019 at an NBI webcast, Estate Planning from A to Z. Cameron presented on “Trusts 101.”     Overview Are you ready to grow your own successful estate planning practice or looking for a practical refresher? This guide will become your go-to guide. From client intake through will, trust …

Legal Roles in Construction Law

Mike Moline spoke at a seminar, Legal Roles in Construction Law, on January 10, 2019 which was presented by the Construction Law Section of the Minnesota State Bar Association.   Overview: It is fascinating to watch a building go up, but the physical piece is only the tip of the iceberg. Lawyers fill a myriad of roles in …

The Basics of Business Succession Planning

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Business owners are busy. Starting, running, and growing a business takes time, and normally carries the business owner well outside of the bounds of a normal nine to five business day. It should, therefore, come as no surprise that most business owners have no succession plan. What is a business succession plan? Business succession planning …

What Are the Estate and Gift Tax Limits for 2019?

Federal Estate and Gift Tax Exemption: The IRS announced the official estate and gift tax limits for 2019 late in November of 2018. The federal estate/gift tax exemptions for an individual increases to $11.4 million, up from $11.18 million in 2018. This means an individual can gift or leave up to $11.4 million dollars to …

Lommen Abdo has a New President and New Board Members!

Marc Johannsen has been elected president of Lommen Abdo. Marc has been with the firm since 1991 and practices in the area of family law. Newly elected members of the board include Kathleen Loucks, Mike Glover and Keith Broady. Barry O’Neil and Bryan Feldhaus were each re-elected for a second term. Here’s a snippet about …

2019 Best Lawyers in America Include Five Attorneys from Lommen Abdo

Five Lommen Abdo attorneys have been included in the list of 2019 Best Lawyers in America: Bob Abdo, corporate; Kay Nord Hunt, appellate and Bet-the-Company litigation; Barry O’Neil, real estate litigation and professional liability defense; Roger Stageberg, corporate; and Phil Cole, legal malpractice defense and personal injury litigation defense. Phil Cole was named the 2019 …

Collaborative Divorce: Family-Friendly Alternative to Traditional Litigation

Think about the most important decisions you may have to make regarding your family. How do you want to invest your hard-earned income? Do you want to return to school to pursue a graduate degree, or would it be better for your family if one parent was more available to care for young children? Which …

Can the State of Minnesota Tax Your Trust?

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Minnesota income taxes are currently among the highest in the nation, which is why many of our estate planning clients prefer to create trusts that will be taxed in other states. Many of these other states, such as South Dakota, have no income taxation, and favorable laws relating to trusts. Minnesota income tax generally applies …

Help Lommen Abdo Overrule Hunger

Lommen Abdo is joining other Twin Cities area law firms in the fight to end hunger through Second Harvest Heartland’s first annual Overrule Hunger competition! Through September 21st, lawyers, their staffs, vendors, clients and other connections will compete to support Second Harvest Heartland and the 1 in 8 children in Minnesota who are hungry. Donations …

Lommen Abdo Adds Paralegal Melissa Olness, Continuing to Grow its Estate Planning Process

Lommen Abdo has added paralegal Melissa Olness as part of Lommen Abdo’s continued growth in the area of Estate Planning. Melissa comes to the firm with extensive experience assisting clients with estate planning, probate, trust administration, trust disputes and litigation, guardianship and conservatorship, and business matters.  She especially enjoys the client relationships built through supporting …

Lauren Nuffort Receives 2018 President’s Award of the Minnesota Defense Lawyers Association

Lauren Nuffort was the joint recipient of the 2018 Minnesota Defense Lawyer’s Association (MDLA) President’s Award.  Each year at the Association’s annual meeting, the MDLA President has the privilege of bestowing upon a member the President’s Award to recognize his or her extraordinary contribution to the Association and in appreciation of his or her exemplary …

Employment Type Claims Allowed to Proceed Based on Actions of Independent Contractor

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In Soto v. Shealey and Swift Transportation (August 2, 2018) Federal District Court Judge Tunheim allowed claims for negligent selection, negligent supervision, and negligent entrustment to go to trial regardless of whether or not the owner operator of a truck under an independent contractor agreement was determined to be an employee or an independent contractor. Judge …

U.S. Supreme Court Affirms Minnesota’s Revocation on Divorce Statute

A recent U.S. Supreme Court ruling assures that Minnesota’s revocation-on-divorce statute will operate to revoke all pre-divorce beneficiary designations to the ex-spouse, even on insurance policies entered into before the enactment of the Uniform Probate Code (UPC). Minnesota adopted the UPC in 2002 which directed that beneficiary designations from life insurance policies and other similar …

Autonomous Vehicles: Threat or Opportunity

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Let’s face it, our industry has been slow to adapt in the technology revolution we find ourselves in today. We operate in a capital-intensive, low-margin, fragmented industry, with a low barrier to entrance. Large and small carriers have been able to co-exist through competitive pricing and quality service as varying levels of technology have been …

Substitute Parent. What to Consider When Choosing a Guardian

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I spend a lot of time talking to clients about property, but at its core estate planning is about family. Clients want to ensure that their family will be taken care of.  For parents of young children, the most important family decision is the selection of a guardian. A guardian is someone appointed by a …

Marc Johannsen Honored by Boy Scouts of America

Marc Johannsen recently was recognized by the Northern Star Council of the Boy Scouts of America for his volunteer work when he was awarded the Silver Beaver Award. This nomination-only award is the highest award a council can bestow upon a volunteer and recognizes superior service to scouting and to the broader community. Marc has …

Cameron Kelly Completes LL.M. Degree in Estate Planning

Cameron Kelly recently completed his LL.M. Degree in Estate Planning, graduating with honors from the John Marshall Law School. His coursework focused on the taxation of estates, protecting estate assets, and business succession planning.  Cameron’s degree will allow him to engage in complex estate planning, guiding clients to efficient tax solutions.  That includes minimizing or …

Minnesota OSHA Adopts Electronic Reporting Requirements for Work-Related Injuries and Illnesses

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On May 21, 2018, Minnesota Occupational Safety and Health Administration (“MNOSHA”) adopted the federal Occupational Safety and Health Administration’s (“OSHA”) regulation requiring employers in certain industries with 20 or more employees to electronically submit their OSHA Form 300A injury and illness records through OSHA’s Injury Tracking Application portal (“ITA”). Work-related injury and illness data from …

Drilling Down: The Vaccine Act

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The National Childhood Vaccine Injury Compensation Act of 1986 (“Vaccine Act”), 42 U.S.C.A. § 300aa-11 et seq., established a streamlined, no-fault compensation method for injured vaccine recipients to recover compensation. Under the Vaccine Act, a no-fault program was established for monetary compensation petitions to be brought by or on behalf of those injured or killed through …

Preserving the Record for Appeal

Kay Hunt was on a panel on April 17, 2018, addressing “Preserving the Record for Appeal,” as a part of a series before the Hennepin County Bar Association’s Bench & Bar Committee, Candid Conversations.

Lack of Training Results in Human Rights Claim

The Star Tribune reported late last year on a settlement by Fairview Health Services and the Minnesota Department of Human Rights over Fairview’s denial of an American Sign Language interpreter for a deaf man whose daughter was undergoing medical treatment. Under the settlement, Fairview must improve training for all hospital staff. Minnesota Commissioner of Human …

News You Can Use Third Quarter 2018

Can the state of Minnesota tax your trust? Trial court allows employment type claims to proceed based on actions of independent contractor. Have you met Lommen Abdo’s new president and board members? Lommen Abdo generations carry on tradition of legal malpractice expertise. What is a property damage insurance appraisal? Read the Third Quarter 2018 newsletter.

With tax changes, do I still need estate planning?

When people think about estate planning, the estate tax is one of the first things that comes to mind. The Tax Cuts and Jobs Act signed into law by President Trump on December 22, 2017 brought significant changes to the transfer of wealth, including increasing the federal estate, gift, and generation-skipping transfer (GST) tax exemption …

How the New Tax Law Will Affect Divorce Payments

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Late last year, Congress and the President enacted sweeping new tax legislation that fundamentally affects the family both during marriage and following divorce.  The Tax Cuts & Jobs Act (“TCJA”) made four key changes of which you should be immediately aware. First, the TCJA made a major change affecting alimony (also known as maintenance).  Based …

New Tax Act Slices Deduction for Payments and Fees on Confidential Sexual Harassment or Abuse Settlements

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A deep look into the new Tax Act reveals a significant change in existing law regarding the deductibility of confidential sexual harassment settlement payments and attorney’s fees. Previously, settlement payments (for defendants) and the attorney’s fees necessary to achieve such settlements (possibly for both parties) were deductible for federal income tax purposes. No more. The …

When Should I Update My Estate Plan?

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I recently worked with a client after his spouse passed away. Their revocable living trust had been drafted in 2000 by a competent attorney.  At that time, the federal estate tax exemption was $675,000.  The estate tax exemption is the amount of money that a person can pass at their death without paying tax.  In …

Technological Literacy: The New Normal for Legal Practice

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The Minnesota Rules of Professional Conduct now require a lawyer to maintain technological literacy in legal practice. Such technological literacy is critical because lawyers are attractive, and increasingly frequent, targets of cyber criminals. To develop technological literacy, a lawyer is required to know, understand, and assess the benefits and burdens of utilizing legal technology in …

Department of Transportation Revised Employee Drug Testing Rules Effective January 1, 2018

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On January 1, 2018, commercial motor vehicle drivers and those performing safety sensitive functions for cargo and passenger carriers (collectively “drivers”) regulated by the United States Department of Transportation (DOT) will now be screened for four additional semi-synthetic opioids when they undergo administered drug tests. (DOT-regulated employers include those regulated by the Federal Motor Carrier …

Motor Carriers and New Electronic Logging Device Regulations

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For businesses involved in the interstate transportation of goods by truck, December 2017 brings an important change – into the electronic age – as to how drivers must keep track of their working hours. For many decades the federal government limited the number hours a day a driver could be behind the wheel of a large …

Estate Planning: Check Things Twice Before Moving on to 2018 Resolutions

Estate planning may not be at the top of most people’s minds during the holidays. But it is important to check things twice before moving on to 2018 New Year’s resolutions. For many of us, this includes updating our estate plans, figuring out what’s happening with taxes, determining whether to take a distribution from your …

2017 Estate Tax Update

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From comprehensive tax reform making its way through congress, to the changes to the Minnesota estate tax, it has been an eventful year for estate planning. While tax changes are not the most exciting topic for many of our clients, it is a topic that continues to be important to their families and businesses. As …

2017 Snowbird Update

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There have been significant well publicized estate planning legislative updates in 2017, including the increase in the Minnesota estate tax exemption amount and the proposed repeal of the federal exemption. Two lesser-known changes impact one of Minnesota’s most popular segments – snowbirds. “Snowbird” technically refers to people who live in northern states, but move south …

2017 Year-End Estate Planning Checklist

As the end of the year approaches and with the holiday season in full swing, estate planning isn’t typically at the top of most people’s wish lists. Nevertheless, it is important not to move on to 2018 new year’s resolutions without tying up the loose ends from the previous 12 months. For many of us, …

Minnesota OSHA Compliance: Does your business need to submit its 2016 injury and illness data electronically by December 15, 2017?

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Employers have until December 15, 2017 to submit their 2016 injury and illness data electronically to the federal OSHA agency. Minnesota’s OSHA-approved State Plan (“MNOSHA”) however, has not adopted federal OSHA’s new requirement that certain employers submit their injury and illness reports electronically.[1] MNOSHA may adopt federal OSHA’s new rule but it likely won’t happen …

Beware of Economic Waste Doctrine in Wisconsin and Its Potential to Limit Recovery in Breach of Contract Cases

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The United States Bankruptcy Court for the Northern District of Illinois recently held the “economic waste” doctrine, as applied in Wisconsin, prevented a property owner from recovering the costs to repair a structure on its property even though the court found the structure was defectively designed. This decision spotlights a significant barrier parties aggrieved by …

Appeals & Insurance Coverage Q&A with Kay Nord Hunt:

What advantages do you see in working with an appellate advocate? [Transcript] Kay Hunt’s appellate experience – handled over 600 appeals. [Transcript] How do you weigh the cost/benefit analysis of appealing a decision? [Transcript] View all of the videos from this Q&A by ReelLawyers.com.

Estate Planning Q&A with Cameron Kelly:

How can I avoid probate? [Transcript] What is a “Revocable Trust”? [Transcript] How do you protect assets in a second marriage or blended family? [Transcript] View all of the videos from this Q&A by ReelLawyers.com.

Supervisory Harassment Training: Preventing and Responding to Sexual Harassment in the Workplace

By Stacey A. DeKalb, Chair of Lommen Abdo’s Employment Practice Group Recent sexual harassment headlines should be a reminder to employers of their need to be proactive in preventing, as well as appropriately responding to, workplace harassment claims. Employers face significant financial exposure from unlawful harassment litigation as well as a demoralized workforce. Lommen Abdo …

Michael Glover Participates as a Speaker at eServices 2017 Risk Management Summit

Lommen Abdo Attorney Michael Glover offered an update on logging issues, enforcement and the ELD (Electronic Logging Device) mandate at the 2017 Risk Management Summit in the Federal  Hours of Service breakout session on October 17, 2017.  Co-presenters were Elmer Johnson, Retired DOT NHP; Maureen Levy Pool, Director of Human Resource & Risk Management, SJ …

Minneapolis Sick and Safe Time Ordinance

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SEPTEMBER 2017 UPDATE: Looking Good, Richfield!  Minnesota Court of Appeals Affirms Lower Court’s Temporary Ban on Enforcement for Employers Located Outside the City of Minneapolis As we wrote about a few months ago, Minneapolis’s controversial Sick and Safe Time Ordinance wound its way through a second Minnesota court late this summer. The Minnesota Court of …

John Crawford and Kay Nord Hunt Contribute to Minnesota Insurance Law Deskbook

Lommen Abdo litigator John Crawford is the editor of the Minnesota Insurance Law Deskbook that was updated this year with its publisher, Minnesota Continuing Legal Education.  John and Kay Nord Hunt also updated Chapter 15, Select Commercial General Liability Policy Exclusions, and Chapter 16, Automobile Liability Coverage.  Topics within the Commercial Liability Policy Exclusions section …

Four Things to Consider About Do-it-Yourself Estate Planning Software

As a price conscious homeowner, I am all for do-it-yourself projects to save a few dollars here and there. I often bite off more than I can chew, like the time I thought I could handle rerouting the plumbing in a bathroom. Predictably, this resulted in a flooded bathroom, water damage, and an emergency phone …

Employers Can Expect an Increase in Minnesota Whistleblower Claims

By Stacey A. DeKalb, Chair of Lommen Abdo’s Employment Practice Group The Minnesota Supreme Court has expanded the rights of whistleblowers under the Minnesota Whistleblower Act by removing the requirement that a reporting employee act with the purpose of exposing an illegality.  Pursuant to the Supreme Court’s new case, Friedlander v. Edwards Lifesciences LLC., whistleblowers are …

Legal Storytellers: Kay Nord Hunt and Barry O’Neil

The ability to make the complex simple and clearly understood is a valuable trait for a litigator. That ability is one of the reasons why Kay Nord Hunt has been selected as Best Lawyers® 2018 Minneapolis “Lawyer of the Year” for her appellate practice and why Barry O’Neil has been added to the 2018 list of Best …

Homeowner associations must comply with new requirements

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Townhome, condominium, and other homeowner associations are typically part of what is called a common interest community, or CIC. An association may be organized in the form of a profit, nonprofit, or cooperative organization, but CICs are generally controlled by the Minnesota Common Interest Ownership Act (“MCIOA”), Chapter 515B of Minnesota Statutes, and the association’s …

Minnesota’s “New” LLC Statute

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Way back “in the day” — 1992 — the Minnesota Legislature rolled the dice, betting on the long-term success of a limited liability company statute modeled on Minnesota’s existing corporation statute with a few flexible “partnership” type features. The statute worked well, for a time, much like Sony’s Betamax videotape. Unfortunately, most of the rest …

Do you know how a 2015 law could affect your LLC next year?

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Beginning January 1, 2018, all limited liability companies (“LLCs”) formed in Minnesota before August 1, 2015 under Chapter 322B will become subject to a new LLC law passed by the 2015 Minnesota Legislature, Chapter 322C. What’s the difference between the new law and the old one?  There are significant differences between Chapter 322C and the …

Lommen Abdo’s 2017 Super Lawyers

Lommen Abdo attorneys are recognized by their peers in the 2017 Minnesota Super Lawyer lists. Congratulations to Keith Broady, Phil Cole, Stacey DeKalb, Kay Nord Hunt, Reid Lindquist, Mike Moline, Barry O’Neil and Roger Stageberg and to our 2017 Rising Stars: Bryan Feldhaus and Cameron Kelly. RECOGNIZED BY PEERS . . . REWARDED BY CLIENT …

Downloading Technology in Legal Practice: ABA Formal Opinion 477

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Today’s tech tools, including mobile devices, cloud computing and social media, punctuate a new era of legal service. With these tools lawyers are able to better serve clients through increased efficiency and responsiveness. But technology has also introduced new risks to legal practice. Law firms, like other businesses, are increasingly at risk for data incidents …

Minnesota Estate Tax Legislative Update – May 2017

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Governor Dayton has signed the 2017 tax bill which will increase the Minnesota estate tax exemption from its current level of $1.8 million to $2.1 million for individuals dying in 2017. The legislation also adjusts the estate tax exemption in subsequent years; increasing the exemption by $300,000 per year until 2020 at which point the …

Lommen Abdo Prevails in Shorted Fringe Fund Claims Trial

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Federal Judge Patrick Schiltz completely vindicated Lommen Abdo’s client, Frana Companies, in a decision filed in March 2017.* Keith Broady was the lead defense attorney for Frana, a general contractor, in a case that spanned over three and half years, including nine trial days. The plaintiffs were trustees of union pension, health and welfare and …

Lommen Abdo garners a trio of trial victories in early 2017

Lommen Abdo started off 2017 with three great courtroom victories for its clients in Minnesota state and federal courts. The first was a jury trial verdict in Hennepin County in a long-pending professional liability matter relating to a mechanic’s lien.  Phil Cole, with the assistance of Lauren Nuffort, tried the case after it had returned …

Adding new estate planning resources to meet client needs

Cameron Kelly, a Stillwater attorney practicing in the areas of estate planning, business law and real estate, joined Lommen Abdo May 15th. Cameron is a certified real estate specialist and is on the 2017 list of Minnesota Rising Stars as published by Super Lawyers.  He focuses his practice in the areas of estate and business …

Lommen Abdo Strengthens its Estate Planning and Corporate Practices

Cameron Kelly, an estate planning and corporate attorney, joined Lommen Abdo this month. Cameron Kelly enjoys providing high quality planning for individuals and businesses. His practice includes assisting clients with comprehensive estate planning, including wills, trusts, powers of attorney, health care directives, and living wills. He also has a special interest in the estate, gift, …

Vaccine law: where it came from, how it works

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The National Childhood Vaccine Injury Act of 1986 established the National Vaccine Injury Compensation Program after lawsuits against manufacturers threatened to cause vaccine shortages. See 42 U.S.C. §§ 300aa-1 to -34. In an effort to maintain a supply of vaccines, as well as develop new ones, this unique program was created. The Vaccine Act, effective …

How to protect your children’s inheritance from divorce, creditors, and lawsuits

As divorce rates rise and society becomes increasingly litigious, asset protection has become an increasingly important aspect of estate planning. While most people understand the more common estate planning goals such as probate avoidance and limiting estate tax exposure, did you know that a carefully tailored estate plan can also provide asset protection for your …

Five tips for updating your estate plan during or after divorce

Divorce is a difficult process, no matter how amicable the split. Between property division, potential custody disputes, and escalating legal bills, no one wants to think about more legal hoops to jump through. While updating your estate plan during a divorce may be the last thing on your mind, a failure to do so could …

Minnesota Supreme Court Rules Internal Complaint Tolls MHRA Statute of Limitations

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The Minnesota Supreme Court has held that an employee’s complaint to human resources, and his employer’s investigation, constituted a “voluntary dispute resolution process,” thus suspending the Minnesota Human Rights Act’s (MHRA) one year statute of limitations period. As a result, the employee’s lawsuit filed more than one year after the alleged discriminatory act was not …

Lommen Abdo welcomes John Crawford, adding his expertise to litigation and transportation practices

Attorney John Crawford has joined Lommen Abdo, bringing additional experience to the firm’s litigation practices and transportation law practice.  John has represented clients in cases involving insurance coverage, personal injuries, wrongful death, traumatic brain injuries, premise liability, property damage, punitive damages, and bad-faith claims for over 30 years. A significant portion of his practice is …

Do I really need an estate plan? Three questions to ask yourself.

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 …

Estate Planning in a Digital World

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 …

Thoughtful Estate Planning for Children with Substance Abuse Problems

Do you have a child who is addicted to drugs or alcohol? Do you struggle with the thought of what will happen to your child after you pass away? The last thing you want to do is to provide your drug addicted child with a blank check inheritance. This could lead to disastrous results, including …

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 in January of 2017, 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.   Lauren Nuffort Lauren …

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 …

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 …

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 …

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 …

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 …

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?

Aging But DANGEROUS and Lommen Abdo Law Firm presented a seminar at Urban Growler Brewing on August 4, 2016. Attorneys Marc Johannsen and Kay Nord Hunt addressed 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 …

New Federal Defend Trade Secrets Act (“DTSA”) Necessitates Employers Change Trade Secrets Agreements

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A company’s trade secrets are valuable business assets and protecting such trade secrets should be important to every company.  The recent passage of the Defend Trade Secrets Act (“DTSA”) now creates a federal civil right of action for trade secrets misappropriation. A trade secret is generally defined as “information that derives economic value from being …

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 …

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 …

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 …

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 …

Minnesota Continues Aggressive Approach to Defining Residency for Tax Purposes

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Introduction Almost three years ago, we authored an article that discussed how recent Minnesota tax law changes, coupled with several Minnesota Tax Court decisions favoring an expansive definition of “resident” for income tax purposes, might force some individuals to sever their ties with the State entirely rather than risk being defined as a resident and, …

News about Lommen Abdo and Its Clients

Check out what is happening in the news relating to the firm and our clients.   April 24, 2018 For the second time in a year, Lauren Nuffort volunteered as a mentor alongside 30 other Minnesota business women at the Girls Going Places® Entrepreneurship Conference presented by Foster Klima and James J. Hill Center. The …

Seminars and Other Information Sharing

August 17/18, 2018 Lauren Nuffort presented at the 2018 Trial Techniques Seminar in Duluth from August 16 to 18. She spoke with Danielle Parry from Minnesota Lawyers Mutual Insurance and their session was titled “Attention Zealous Advocates: Don’t Forget Your Shield – Protecting Your Practice and Avoiding Traps in Legal Ethics and Malpractice Claims.”   June …

Assembling Your Team: Managing Today’s Fire Investigation

Lauren Nuffort and Jessica Allen authored an article for the Spring/Summer 2016 Subrogator® Magazine, “Assembling Your Team: Managing Today’s Fire Investigation,” (page 40).   Article summary: Fire subrogation cases can be won or lost depending on what the subrogated carrier does (or does not do) in the days immediately following a loss.  This article discusses …

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 …

Criminal Law, Construction Defect & Mediation Q&A with James Johnson:

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

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 …

Transportation, Collection & Employment Law Q&A with Mike Glover:

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

Litigation, Transactional & Transportation Law Q&A with Jason Engkjer:

What type of litigation matters do you normally handle for your transportation clients? [Transcript] Describe the importance of thoughtful business organization and documents. [Transcript] When should a client consider settlement as an option? [Transcript] 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. …

Strategies for Responding to Reptile Theory Questions

John Crawford co-authored an article in the December 2015 For the Defense magazine. “Since the explosion onto the scene after the 2009 publication of David Ball and Don C. Keenan’s book Reptile: The 2009 Manual of the Plaintiff’s Revolution, the “reptile theory” has frustrated and annoyed defendants and their attorneys. And if Ball and Keenan’s devotees are …

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 …

Paying it Forward: Approaching Mentorship as a New Lawyer

Lauren Nuffort, Rachel Holthaus, Paul Shapiro and Peter Stiteler drafted an article for the Winter 2015 edition of Minnesota Defense, “Paying it Forward: Approaching Mentorship as a New Lawyer.”   Article summary: Whenever established lawyers — whether private practitioners, academics or judges — are asked about their formative experiences as young lawyers, many of them …

Recovering the Cost of Code Required Repairs

Lauren Nuffort and Jessica Allen authored an article which appeared in the Winter 2015 Subrogator® Magazine (Page 42).   Article summary: What happens to the costs and expenses associated with conforming a damaged building to current building and safety code requirements? Can the subrogating party recover the cost of those code-required repairs? This article addresses the positions …

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? [Transcript] What is a shareholder dispute? [Transcript] Why would a client choose a medium size firm like Lommen Abdo over one of the BIG law firms for business litigation? [Transcript] View all of the videos from this …

Civil Litigation Q&A with Barry O’Neil:

What issues come up most in employment law litigation? [Transcript] What rights do minority shareholders have in a shareholder dispute? [Transcript] What is the first thing a business should do if served with a commercial litigation lawsuit? [Transcript]   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 …

Vaccine Injury, Medical Malpractice & Civil Litigation Q&A with Kathleen Loucks:

Why would a client hire you? [Transcript] You’ve handled medical malpractice cases both for the plaintiffs and for the defendants – how does that impact your handling of any case? [Transcript] What should I look for in choosing a lawyer to handle my vaccine-related injury? [Transcript] 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? [Transcript] 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? [Transcript] What custody rights do grandparents have to see his or her grandchildren? [Transcript] View all of the videos …

Civil Litigation Q&A with Bryan Feldhaus:

What is compliance and why is it important? [Transcript] How can companies effectively assess and manage risk? [Transcript] What is your unique legal philosophy that you bring to clients? [Transcript] 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? [Transcript] What is the first thing I should do if my professional license is being threatened? [Transcript] What is your experience in civil litigation? [Transcript] View all of the videos from this Q&A by ReelLawyers.com.

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 obtained a 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 …

Minnesota Revised Limited Liability Company Act Takes Effect August 1, 2015

The Minnesota Revised Uniform Limited Liability Company Act, codified as Minnesota Statutes Chapter 322C, was passed by the 2014 Minnesota Legislature and signed into law by Governor Dayton on April 11, 2014. The new Act becomes effective as of August 1, 2015. The new Act is patterned after the Revised Uniform Limited Liability Company Act …

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 …

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 …

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

February 9, 2015 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 …

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 …

Tips from the Trenches: How to Succeed as a Summer Associate and as a First-Year Associate

Lauren Nuffort and Paul Shapiro drafted an article for the Winter 2014 edition of Minnesota Defense, “Tips from the Trenches: How to Succeed as a Summer Associate and as a First-Year Associate.”   Article summary: The Minnesota Defense Lawyers Association (MDLA) 2013-14 New Defense Lawyers Committee set out to uncover the top recommendations for how to …

Employment & Labor Law Q&A with Stacey DeKalb:

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

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 …

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 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 …

Bryan Feldhaus Elected Lommen Abdo Shareholder

Bryan Feldhaus has become a shareholder 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 has been …

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.

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 …

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

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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 …

What Minnesota’s Same-Sex Marriage Law Means for Estate Planning, Employment and Family Law

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UPDATE: On June 26, 2013 the U.S. Supreme Court issued decisions in two cases impacting same-sex marriage. While these rulings do not decide a constitutional right to same-sex marriage, the implications are very broad. As a result of these decisions, once same-sex marriages become legal in Minnesota on August 1, 2013, same-sex married Minnesotans will …

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 …

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 …

Why Courts Should Not Admit CSA Scores as Evidence

John Crawford co-authored an article in the December 2012 For the Defense magazine. “It is well known that the Federal Motor Carrier Safety Administration (FMCSA) launched its newest program to track the performance of commercial motor vehicles in 2010.  The program, formerly called “CSA 2010” and now known as “CSA” (Compliance, Safety, Accountability), collects information from …

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 …

Don’t Miss Your Exit 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.

Ethical Considerations

Marc Johannsen presented at the June 29, 2012 video webcast by the National Business Institute, “Civil Trial Case Presentation: From Start to Finish.”  Marc’s presentation on Ethical Considerations covered the following topics: Rules of professional conduct you must follow Handling highly prejudicial evidence Talking to witnesses before they testify Identifying and avoiding conflicts of interest …

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 …

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 …

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 …

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 – 4/29/11 – 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 …

Minnesota Insurance Law Deskbook, 4th Edition

John Crawford serves as Editor-in-Chief for the Minnesota Insurance Law Deskbook, 4th Edition (2011) (Updated 2015).  In addition to serving as the Deskbook’s editor, John wrote chapter 6 of the Deskbook regarding the duty to defend. Read the full article.

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, …

‘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 …