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Parenting Time Modifications: Keeping a Child’s Best Interests in Mind

Kathleen Newman April 13, 2017

With custody labels having much less significance than in the past, parenting time – previously called visitation – is the issue that parents and lawyers spend a lot of time addressing in divorce decrees. Minn. Stat. Sec. 518.175 addresses parenting time, requiring the court to grant parenting time that enables the child and parent to maintain a relationship that will

Preserving Trial Errors for Appeal

Rebecca Bowen Creed April 5, 2017

As a busy trial lawyer, your daily battles in the trenches probably don’t leave you much time to think about the appellate process. But it’s important to remember that you can only appeal errors committed by the trial court. Preservation of error simply means that you give the trial court an opportunity to correct mistakes as they occur. This article

Sick Leave and the FMLA

Kristen Kraus March 29, 2017

Many people believe it is illegal to terminate an employee who missed work due to illness. While this may be true some of the time, it is not always the case. Only those employees who qualify under the Family and Medical Leave Act (FMLA) have job protection while off due to illness. Eligible employees have up to 12 weeks of

Arizona’s Statutory Rules for Standard of Care Experts

Barry E. Lewin March 21, 2017

Rule 702 provides for the admission of expert opinion testimony if the expert is qualified based upon experience education and training, to give the opinion and the opinion will help the jury resolve an issue in the case. ARS § 12-2604 adds requirements for expert witnesses offering testimony in claims against health care providers. The statute applies to standard of

A Primer on Legal Asset Protection

Tom Greene March 6, 2017

What is legal asset protection? First, it is the tried and true strategy that everyone is familiar with – insurance. For individuals, the most common types of insurance protections are for: (1) auto accident collisions and injury, and (2) damages to the insurer’s home. Most businesses also have insurance covering exposures like fire, damage, “slip and fall” and work-related employee

From a War of the Roses to a Meeting of the Minds

Barri Payne March 4, 2017

Your family law clients might not be ready to draw a line through the center of the house as Michael Douglas and Kathleen Turner did in “The War of the Roses,” but their divorces may be just as contentious. Whether contentious or not, family law matters can be skillfully resolved with the help of a mediator extensively experienced in family

Immigration Enforcement Under the Trump Administration

Rebekah Grafton March 4, 2017

On Jan. 20, 2017, President Trump took office and began making immediate changes to immigration policies. Most widely publicized was an Executive Order regarding a 90- day ban on travel for individuals who were born in seven countries. That Executive Order is currently subject to a temporary restraining order, however, there were two other Executive Orders signed that have dramatically

Booze Brands Brouhaha

Z. Peter Sawicki and James L. Young March 4, 2017

In the liquor industry, trademarks are a big deal. Pretend you’re a bartender. On a typical evening, you’ll take drink orders like these: “I’ll have a Bud Light.” “Jack Daniels neat and, make it a double.” “A glass of Franzia chardonnay, please.” (OK, that last one probably never happened). Usually, liquor is ordered by the brand, unless you’re settling for

The Forgotten Children of Divorce

Kathleen Newman March 4, 2017

As divorce rates for people older than 50 continue to rise, the impact on late teen and college age children has largely been ignored by lawmakers and courts. Although current research shows that older children are just as negatively impacted by their parents’ divorce as younger children, there are no formal considerations for them in the Minnesota statutes governing divorce.

As Close As Possible: The Cy Pres Doctrine in the Class Action Context

Patrick Perotti March 2, 2017

If you’ve received an email or postcard saying you were a part of a class action settlement and you forgot to put in a claim, you may be part of millions distribution to charity. When a class action settles, a large percentage of people do exactly what you’ve done in the past – forget about the notice and don’t make

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