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Features/Substantive Law

The Hennepin Lawyer

Mandatory E-filing in the Fourth Judicial District
Federal courts have required electronic filing for over ten years—since 2004 for U.S. District of Minnesota—so when will state and local courts jump on board? The Fourth Judicial District

Legal Esoterica: Lawyers and Judges as Presidential Candidates
The principal political parties in this country have a proclivity for nominating lawyers as their presidential standard-bearers. 1   Between 1796 and 2008, we have had 51 contested, partisan

Local Lawyers Visit Cuba
In October, I accompanied 31 HCBA and Minnesota State Bar Association colleagues (including HCBA Secretary Tom Nelson and Past President Sonia Miller-Van Oort) on a legal education trip to Cuba.

Petty Misdemeanors: Minor Charges With Major Consequences
Petty misdemeanors are the lowest level of charge in our justice system. Minnesota Statute 609.02 defines “Petty misdemeanor” as “a petty offense which is prohibited by statute,

The Boston Legal Effect: Managing Client Expectations Begins on Day One
Clients who are newcomers to the legal system may come to an attorney’s office with preconceptions based on movies and television shows. These fictional depictions of aggressive or clever court

LEEDing the Way Makes Sense for Law Firms
Improving productivity. Creating a healthy work environment. Designing a more efficient work space. These are all objectives on the minds of legal office management leaders, but a growing interest

Solo Practice in the 21st Century
Going Solo The recent exponential increase in websites, books, expert consultants, and tweets devoted to starting a law firm is evidence of an undeniable trend: more lawyers are going out

Innovation: A Place in Big Law
Big Law strives to serve Big Business. 1   But is the legal industry innovating, adapting, and keeping pace with Big Business? And is that even necessary? This article compares and contrasts

Lawyers Concerned for Lawyers Celebrates 35 Years
On Oct. 28, lawyers, judges, law students, families and friends will gather to celebrate 35 years of help and hope through Lawyers Concerned for Lawyers (LCL), Minnesota’s Lawyer Assistance

Your Practice’s Future: To Succeed at Succession, Strategize a Sale
The law is an aging profession.  Karen Mathis, when chair of the American Bar Association several years ago, focused her leadership year on developing a new awareness for the legal profession

When I'm 64: Lawyers Want to Stay "Needed" in Their Retirement Years
Back in the late 1960s, when baby boomers cheerfully sang the lyrics to “When I’m 64” along with Paul McCartney and the Beatles, age 64 seemed impossibly far away. Today,

Three Views of Law Firm Succession Planning
It is a scenario many firms must face and Walling Berg & Debele staff were willing to talk about—what if one of our founding members or shareholders were to retire?  This article shares

The Sudden Rise (and Fall?) of False Patent Marking Claims
Members of the patent bar have been closely following a recent line of cases involving a change in the law over false patent marking.  The primary statutes that relate to patent marking are

Recognition and Enforcement in Minnesota of Judgments from Courts Outside the United States
As business and law become ever more globalized, you soon may find yourself asked to represent a client with a judgment from a foreign court who wants to enforce that judgment against assets located

Recent Application of Minnesota’s Credit Agreement Statute of Frauds
Inconsistent Application of Minnesota’s Credit Agreement Statute of Frauds in Recent Cases Economic turmoil and a declining financial and real estate market over the past few years

Potential Pitfalls of Putting Your Children on the Title to Your Real Estate
Many people want to transfer title to their homes or other real estate to their children, or add their children to the title in an effort to simplify their estate or avoid probate.  In some

Preparing Minnesotans for Alzheimer’s Disease
In 2009, the Minnesota Legislature directed the Minnesota Board on Aging to establish the Alzheimer’s Disease Working Group.  This group was directed to study the status of Alzheimer’s

Have It Both Ways: Life (and. . . ) Insurance Planning
As in every other financial services industry, the life insurance landscape has undergone significant changes.   Long gone should be the days of recommending life insurance to your clients

Mediating and Addressing Family Conflict in Elder Estate Planning and Probate Disputes
An estate planning and probate practice often has a life cycle that corresponds with the age, health, and financial situation of its clients:   a young practice may be filled with growing

Practical Concerns in Elder Law Mediation
Elder law mediation has become a hot topic in recent years. There is a great deal of discussion about what constitutes elder law mediation; whether, when, and how elder law mediation should proceed;

Vulnerable Adult Justice Project: Advocating for Solutions
The Vulnerable Adult Act, Minn. Stat. § 626.557, governs Minnesota’s system to combat abuse, neglect, and financial exploitation of people over the age of 18 who are at risk of harm because

Legal Esoterica: Shaping Up the U.S. State Borders
Take a good look at the map of the United States .   Notice that with the exception of Hawaii , Colorado , and my adopted state of Wyoming , all the other states have weird borders.

The Hennepin Historian
The Hennepin Historian steps outside his geographic boundaries and (perhaps) his expertise this month to encourage you to see the new Robert Redford movie, The Conspirator.   This is the story

Crafting Effective E-Mail Disclaimers
  It’s every lawyer’s nightmare; you compose an e-mail laying out the strengths and weaknesses of your client’s position and shoot it off to other members

Computer Science 101
To set the stage for this issue’s discussion of e-discovery developments, we begin with this assessment of elementary computer science principles.   How does a computer work, and what

Cyber Hunt for Evidence: Tales from the Trenches
It was an easy electronically stored information (ESI) investigation on the surface.   There was no need to create an evidence image of computer hard drives; everything produced had been exported

Proactive ESI Procedures at the Outset of Litigation
  A court has a “gut reaction” based on years of experience as to whether a litigant has complied with its discovery obligations and how hard it worked to comply.

E-Discovery Fire Prevention: Key Issues after the Outset of a Case
  Once a case is well under way and initial discovery meet-and-confer conferences have been completed, the time and effort litigants devote to e-discovery issues often drastically

E-Discovery: Did Someone Say “Sanctions”?
  It is hard to believe that it was a little more than a decade ago, in March 2000, when the Hon. Shira A. Scheindlin and Jeffrey Rabkin wrote a fascinating article for the

The New Twombly/Iqbal Pleading Standard Extends Its Reach
  Three years ago, the U.S. Supreme Court articulated a heightened pleading standard in Bell Atlantic Corporation v. Twombly, 550 U.S. 544 (2007), which was subsequently reaffirmed

Judicial Ride-Along Program: Another Look
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

Students Participate in Model Assembly Session
The Senate hearing is underway. Committee members listen intently, interrupting with questions about the bill. The author defends the bill, following proper parliamentary procedure. A member of

The Hennepin Historian: Lawyers Stretching the Dollar
Professional journals of every description have been contemplating the economy and its impact on the legal profession.   Pundits look at the statistics, extrapolate to future potentials, and


More News
The Hennepin Historian: Lawyers Stretching the Dollar
Duane Stanley January 24, 11
 
Students Participate in Model Assembly Session
Laura Cattrysse and Sophie Wilkowske January 24, 11
 
Judicial Ride-Along Program: Another Look
Kathleen M. Loucks. January 24, 11
 
The New Twombly/Iqbal Pleading Standard Extends Its Reach
Max Heerman and Maren Grier February 28, 11
 
E-Discovery: Did Someone Say “Sanctions”?
Eric P. Mandel February 28, 11
 
E-Discovery Fire Prevention: Key Issues after the Outset of a Case
Andrew J. Cosgrove February 28, 11
 
Proactive ESI Procedures at the Outset of Litigation
Mary T. Novacheck February 28, 11
 
Cyber Hunt for Evidence: Tales from the Trenches
Brook T. Schaub February 28, 11
 
Computer Science 101
Thomas D. Jensen February 28, 11
 
Crafting Effective E-Mail Disclaimers
Joe Howie March 22, 11
 
The Hennepin Historian
Duane D. Stanley April 21, 11
 
Legal Esoterica: Shaping Up the U.S. State Borders
Gary A. Weissman, Contributing Author April 21, 11
 
Vulnerable Adult Justice Project: Advocating for Solutions
Iris C. Freeman April 21, 11
 
Practical Concerns in Elder Law Mediation
Jennifer L. Wright, Contributing Author April 21, 11
 
Mediating and Addressing Family Conflict in Elder Estate Planning and Probate Disputes
Margaret Cronin, Jenna Bettes, and Sharma Foley April 21, 11
 
Have It Both Ways: Life (and. . . ) Insurance Planning
Bob Cohen, Contributing Author April 21, 11
 
Preparing Minnesotans for Alzheimer’s Disease
Larry K. Houk, Contributing Author April 21, 11
 
Potential Pitfalls of Putting Your Children on the Title to Your Real Estate
Catherine R. Thatcher, Contributing Author April 21, 11
 
Legal Esoterica: Lawyers and Judges as Presidential Candidates
Gary A. Weissman June 22, 11
 
Recent Application of Minnesota’s Credit Agreement Statute of Frauds
Richard G. Morgan June 22, 11
 
Recognition and Enforcement in Minnesota of Judgments from Courts Outside the United States
Teresa J. Kimker June 22, 11
 
The Sudden Rise (and Fall?) of False Patent Marking Claims
Stuart J. Olstad June 22, 11
 
Three Views of Law Firm Succession Planning
Wright S. Walling, Gary A. Debele, and Dorothy H. Cleveland August 24, 11
 
Your Practice’s Future: To Succeed at Succession, Strategize a Sale
Ed Poll August 24, 11
 
When I'm 64: Lawyers Want to Stay "Needed" in Their Retirement Years
Roy S. Ginsburg August 26, 11
 
Legal Esoterica: Legal Erotica
Gary A. Weissman September 23, 11
 
Lawyers Concerned for Lawyers Celebrates 35 Years
October 24, 11
 
Mandatory E-filing in the Fourth Judicial District
Colleen Hillesheim December 22, 11
 
Innovation: A Place in Big Law
Sonia Miller-Van Oort October 24, 11
 
Solo Practice in the 21st Century
Maggie Green October 24, 11
 
LEEDing the Way Makes Sense for Law Firms
Tom Millin October 24, 11
 
The Boston Legal Effect: Managing Client Expectations Begins on Day One
George R. Serdar October 24, 11
 
Petty Misdemeanors: Minor Charges With Major Consequences
Laura Baldwin December 7, 11
 
Local Lawyers Visit Cuba
Jewelie Grape December 7, 11
 

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