Business Law

What Does a Business Litigation Lawyer Do?

According to the Cambridge English Dictionary, a litigator is a licensed attorney who practices a legal specialty working with organizations or individuals involved in legal matters. These legal matters are usually started to ultimately be resolved in a court of law. Litigation lawyers professionally represent either a defendant or a plaintiff in an ongoing lawsuit that can be a civil

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Non-Statutory Buyout

Get Out: How to Force a Non-Statutory Buyout From a Company

When the owners of a closely held Minnesota company end up in a lawsuit with each other, you can usually expect one of the owners to request a fair value buyout of his or her interest. Minnesota law is unique in that both the Minnesota Business Corporation Act and the Minnesota Revised Uniform Limited Liability Company Act expressly provide for

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Minnesota's Revised LLC Act

The “Power” To Dissociate Under Minnesota’s Revised LLC Act

Minnesota’s Revised Uniformed Limited Liability Company Act (Minnesota’s Revised LLC Act), which applies to all Minnesota limited liability companies (LLCs) as of Jan. 1, 2018, introduces a new legal concept applicable to Minnesota LLC’s referred to as “dissociation.” While an undefined term, it essentially means the right to legally break up as business owners. After all, people can legally break

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Conflict, Communication

Conflict, Culture and Communication

Conflict can be defined as the perceived or actual incompatibilities of needs, interests and goals of two or more parties. Therefore, to have a conflict, it must involve two or more people or organizations and normally arises out of a relationship or perceived relationship. The incompatibility of needs, interests and/or goals must be identified if a resolution is to be

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Post-Acquisition Disputes

Stop Post-Acquisition Disputes Before They Surface

Perhaps you’ve heard this story before: A business owner closes on the sale of his or her lifelong business as the final step in a well-executed exit strategy. Before the celebration ends, unexpected post-acquisition disputes arise – often with the potential to send a significant portion of the financial payoff up in smoke. Experienced forensic accountants typically see two types

Read More »
structure

Structure Matters, Just Ask The Three Little Pigs

With the enactment of Minnesota’s Revised Uniform Limited Liability Company Act, new limited liability companies (LLCs) (and effective as of Jan. 1, 2018, existing LLCs) are no longer governed by a single board-managed governance structure. Does that matter? In answering this question, I am reminded of the children’s fable, “The Three Little Pigs.” As it turned out, the three little

Read More »
family business disputes

Family Business Disputes

“All happy families resemble each other, but that each unhappy family is unhappy in its own way.” – Leo Tolstoy, “Anna Karenina” In my 20-plus years as a business litigator and trial attorney, I have handled many complex and hotly contested business disputes. As a family law attorney, I have helped clients through emotionally- charged proceedings in divorce and time-sharing

Read More »
HB251

Are Non-Compete Covenants Still Good for Utah Business?

Utah’s 2016 legislative session recently ended with the passage of HB251. The original HB251 draft sought to change Utah law by making non-compete covenants void. Having represented clients on both sides of the issue, this legislation was not surprising. HB251 also sought to address a perception that restrictive non-compete covenants are being abused by Utah employers. After amendment and significant

Read More »

What Does a Business Litigation Lawyer Do?

According to the Cambridge English Dictionary, a litigator is a licensed attorney who practices a legal specialty working with organizations or individuals involved in legal matters. These legal matters are usually started to ultimately be resolved in a court of law. Litigation lawyers professionally represent either a defendant or a plaintiff in an ongoing lawsuit that can be a civil

Read More »
Non-Statutory Buyout

Get Out: How to Force a Non-Statutory Buyout From a Company

When the owners of a closely held Minnesota company end up in a lawsuit with each other, you can usually expect one of the owners to request a fair value buyout of his or her interest. Minnesota law is unique in that both the Minnesota Business Corporation Act and the Minnesota Revised Uniform Limited Liability Company Act expressly provide for

Read More »
Minnesota's Revised LLC Act

The “Power” To Dissociate Under Minnesota’s Revised LLC Act

Minnesota’s Revised Uniformed Limited Liability Company Act (Minnesota’s Revised LLC Act), which applies to all Minnesota limited liability companies (LLCs) as of Jan. 1, 2018, introduces a new legal concept applicable to Minnesota LLC’s referred to as “dissociation.” While an undefined term, it essentially means the right to legally break up as business owners. After all, people can legally break

Read More »
Conflict, Communication

Conflict, Culture and Communication

Conflict can be defined as the perceived or actual incompatibilities of needs, interests and goals of two or more parties. Therefore, to have a conflict, it must involve two or more people or organizations and normally arises out of a relationship or perceived relationship. The incompatibility of needs, interests and/or goals must be identified if a resolution is to be

Read More »
Post-Acquisition Disputes

Stop Post-Acquisition Disputes Before They Surface

Perhaps you’ve heard this story before: A business owner closes on the sale of his or her lifelong business as the final step in a well-executed exit strategy. Before the celebration ends, unexpected post-acquisition disputes arise – often with the potential to send a significant portion of the financial payoff up in smoke. Experienced forensic accountants typically see two types

Read More »
structure

Structure Matters, Just Ask The Three Little Pigs

With the enactment of Minnesota’s Revised Uniform Limited Liability Company Act, new limited liability companies (LLCs) (and effective as of Jan. 1, 2018, existing LLCs) are no longer governed by a single board-managed governance structure. Does that matter? In answering this question, I am reminded of the children’s fable, “The Three Little Pigs.” As it turned out, the three little

Read More »
family business disputes

Family Business Disputes

“All happy families resemble each other, but that each unhappy family is unhappy in its own way.” – Leo Tolstoy, “Anna Karenina” In my 20-plus years as a business litigator and trial attorney, I have handled many complex and hotly contested business disputes. As a family law attorney, I have helped clients through emotionally- charged proceedings in divorce and time-sharing

Read More »
HB251

Are Non-Compete Covenants Still Good for Utah Business?

Utah’s 2016 legislative session recently ended with the passage of HB251. The original HB251 draft sought to change Utah law by making non-compete covenants void. Having represented clients on both sides of the issue, this legislation was not surprising. HB251 also sought to address a perception that restrictive non-compete covenants are being abused by Utah employers. After amendment and significant

Read More »

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