For the Public

grandparents

Third-Party Custody And Grandparent Visitation

As unfortunate as it may be, I will sometimes receive calls from other attorneys who represent a parent who has just passed away and the question inevitably will be “can the grandparents sue for custody now or are they too late?” The answer is generally they are too late. Therefore, it is best for grandparents to file a motion for

Read More »

Minnesota: Purple Rain / Purple Pain

In our lifetimes, violet hues have become synonymous with the state of Minnesota. Much of that has to do with the 1961 arrival of the Minnesota Vikings on the local sports scene and the popularity of the purple & gold NFL franchise. However, the work-product and predilections of Prince Rogers Nelson for all things purple has cemented that color as

Read More »
Consumer Protection

Where Left-Over Monies In Class Action Settlements Go

After class action claims are resolved, sometimes there are remaining funds because some class members can’t be found, died, moved, etc. The class members who did receive their full share are not entitled to a windfall in the form of an additional distribution. Similarly, the defendant is not entitled to keep money it agreed to forfeit in a settlement or

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 »
FBI

Warning: The FBI Is Getting Aggressive In Creating Crimes

As a criminal defense attorney in federal and Texas state courts, I have dealt with numerous cases of allegations known as “crimes against children,” primarily have to do with the online conduct of citizens that run afoul of the law. The Federal Bureau of Investigation (FBI) and other federal law enforcement agencies getting aggressive in these cases. The FBI is

Read More »
Chad West

Premises Liability At Your Pool Party

Summer is a time for BBQs, pool parties, and… personal injuries? Every year, homeowners are sued by their guests for injuries arising from things like faulty stairs, misplaced rugs, dilapidated porches, holes in yards and a variety of injuries resulting from interactions with pools. Homeowners have a duty to their social guests – legally described as a gratuitous licensee –

Read More »
Identifying Class Members

A Class Is Ascertainable, Even If Identifying Class Members Is Difficult

Imagine filing a complaint, and two weeks later, receiving a brief in which the defendant argues that if you were to prosecute your claim, the defendant would have to review its own documents; therefore, your claim should be dismissed. Class action plaintiffs routinely encounter a variation of that frivolous argument, under the guise of “ascertainability.” Courts generally require a class

Read More »
CSPA

Does Shady Grove Allow for Recovering Statutory Damages Under CSPA?

The Ohio Consumer Sales Practices Act (CSPA) was intended to deter deceptive practices by sellers in consumer transactions. To that end, it permits individuals to recover statutory damages of $200. R.C. 1345.09(B). Of course, a consumer would have a difficult time finding an attorney to pursue a $200 claim. So, a statutory damages claim under the CSPA would seem ideal

Read More »
copyright

Fight Fakes and Defend Your Client’s Profit!

For many years, owners of famous trademarks have batted down sellers of fake merchandise like the whack-a-mole game. New fakes have continued to pop up! Online selling platforms used to take no action without court proof of counterfeit, preferring to support “free trade.” Later they required take-down notices for every infringer, which became tedious and expensive. Famous marks, including such

Read More »
IP

The Internet Business: IP 101

Almost every business has an internet presence. A brick-and-mortar store not only sells goods and services at a physical retail location, but also takes orders via its internet website (or on third-party websites). As we have written many times in the past, “branding” goods and services is important. Other IP also comes into play to aid a business owner in

Read More »
grandparents

Third-Party Custody And Grandparent Visitation

As unfortunate as it may be, I will sometimes receive calls from other attorneys who represent a parent who has just passed away and the question inevitably will be “can the grandparents sue for custody now or are they too late?” The answer is generally they are too late. Therefore, it is best for grandparents to file a motion for

Read More »

Minnesota: Purple Rain / Purple Pain

In our lifetimes, violet hues have become synonymous with the state of Minnesota. Much of that has to do with the 1961 arrival of the Minnesota Vikings on the local sports scene and the popularity of the purple & gold NFL franchise. However, the work-product and predilections of Prince Rogers Nelson for all things purple has cemented that color as

Read More »
Consumer Protection

Where Left-Over Monies In Class Action Settlements Go

After class action claims are resolved, sometimes there are remaining funds because some class members can’t be found, died, moved, etc. The class members who did receive their full share are not entitled to a windfall in the form of an additional distribution. Similarly, the defendant is not entitled to keep money it agreed to forfeit in a settlement or

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 »
FBI

Warning: The FBI Is Getting Aggressive In Creating Crimes

As a criminal defense attorney in federal and Texas state courts, I have dealt with numerous cases of allegations known as “crimes against children,” primarily have to do with the online conduct of citizens that run afoul of the law. The Federal Bureau of Investigation (FBI) and other federal law enforcement agencies getting aggressive in these cases. The FBI is

Read More »
Chad West

Premises Liability At Your Pool Party

Summer is a time for BBQs, pool parties, and… personal injuries? Every year, homeowners are sued by their guests for injuries arising from things like faulty stairs, misplaced rugs, dilapidated porches, holes in yards and a variety of injuries resulting from interactions with pools. Homeowners have a duty to their social guests – legally described as a gratuitous licensee –

Read More »
Identifying Class Members

A Class Is Ascertainable, Even If Identifying Class Members Is Difficult

Imagine filing a complaint, and two weeks later, receiving a brief in which the defendant argues that if you were to prosecute your claim, the defendant would have to review its own documents; therefore, your claim should be dismissed. Class action plaintiffs routinely encounter a variation of that frivolous argument, under the guise of “ascertainability.” Courts generally require a class

Read More »
CSPA

Does Shady Grove Allow for Recovering Statutory Damages Under CSPA?

The Ohio Consumer Sales Practices Act (CSPA) was intended to deter deceptive practices by sellers in consumer transactions. To that end, it permits individuals to recover statutory damages of $200. R.C. 1345.09(B). Of course, a consumer would have a difficult time finding an attorney to pursue a $200 claim. So, a statutory damages claim under the CSPA would seem ideal

Read More »
copyright

Fight Fakes and Defend Your Client’s Profit!

For many years, owners of famous trademarks have batted down sellers of fake merchandise like the whack-a-mole game. New fakes have continued to pop up! Online selling platforms used to take no action without court proof of counterfeit, preferring to support “free trade.” Later they required take-down notices for every infringer, which became tedious and expensive. Famous marks, including such

Read More »
IP

The Internet Business: IP 101

Almost every business has an internet presence. A brick-and-mortar store not only sells goods and services at a physical retail location, but also takes orders via its internet website (or on third-party websites). As we have written many times in the past, “branding” goods and services is important. Other IP also comes into play to aid a business owner in

Read More »

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