Who owns an invention (and the patent rights to it)? For a business owner seeking product exclusivity, ownership of the intellectual property rights for that product may be quite valuable. In the United States, we start with the premise that initially, the “inventor” owns an invention. However, the product development process from conception to production and then to sale doesn’t
Attorneys who practice family law are often forced to deal with the challenging mental health issues of their clients and opposing parties. Some mental health issues can be addressed by referring a client to a psychologist for talk therapy or a psychiatrist for medication. Others, such as personality disorders, are much more difficult to address. Often, a client will refuse
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
Seldom are there situations in Minnesota where a prevailing party in litigation can have a debt forgiven, recover attorney fees, court costs and even, potentially, punitive damages. Successful litigants bringing claims under the Minnesota Common Interest Ownership Act, Minn. Stat. §515B (MCIOA) are the rare exception who stand to recover their legal fees and additional damages for claims brought under
One of the most common questions we receive from other attorneys is, “How do I spot a potential class action?” Th e answer is much simpler than you think; you just need to know what to look for. In the last issue, we spent some time explaining what a class action is and how it can be used as a
It is generally understood that a person acting in “self-defense” is not criminally liable for injuring – or even killing – their assailant. Unfortunately, the legal requirements for establishing “self-defense” and the specific instructions to be given to the jury are not always clear. This is particularly true in instances where the assailant and the party claiming “self-defense” have an
Helping qualify clients for benefits is a sometimes tricky and often a frustrating area of practice. Good lawyers are left feeling befuddled by the maze of laws, regulations, guidelines and rules that govern benefits for their clients in need. They have every right to feel lost. The rules are complicated and filled with hidden traps that can adversely affect vulnerable
A reply brief is optional in appeals in Florida courts. However, a reply brief provides the appellant an important opportunity to refute the appellee’s answer brief and get the last word in the written argument. Some appellate judges deem the reply brief informative enough to read it first, before reviewing the appellant’s initial brief and the appellee’s answer brief. The
One of the oddities of trial practice in a county overseen by the Fourth District is the requirement that the attorney be sufficiently prescient to raise issues at trial or summary judgment that do not yet exist. This seemingly impossible feat appears to be required by the Fourth District case of Trinchitella v. D.R.F., Inc., 584 So.2d 35 (Fla. 4th
While statistics are not readily available, it is conceivable that hundreds, if not thousands, of U.S. veterans have been deported for having committed a criminal offense. This is particularly devastating for veterans that need their earned benefits and treatment for post-traumatic stress disorder and other injuries resulting from combat. Pursuant to a memorandum by the U.S. Immigration and Customs Enforcement
Who owns an invention (and the patent rights to it)? For a business owner seeking product exclusivity, ownership of the intellectual property rights for that product may be quite valuable. In the United States, we start with the premise that initially, the “inventor” owns an invention. However, the product development process from conception to production and then to sale doesn’t
Attorneys who practice family law are often forced to deal with the challenging mental health issues of their clients and opposing parties. Some mental health issues can be addressed by referring a client to a psychologist for talk therapy or a psychiatrist for medication. Others, such as personality disorders, are much more difficult to address. Often, a client will refuse
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
Seldom are there situations in Minnesota where a prevailing party in litigation can have a debt forgiven, recover attorney fees, court costs and even, potentially, punitive damages. Successful litigants bringing claims under the Minnesota Common Interest Ownership Act, Minn. Stat. §515B (MCIOA) are the rare exception who stand to recover their legal fees and additional damages for claims brought under
One of the most common questions we receive from other attorneys is, “How do I spot a potential class action?” Th e answer is much simpler than you think; you just need to know what to look for. In the last issue, we spent some time explaining what a class action is and how it can be used as a
It is generally understood that a person acting in “self-defense” is not criminally liable for injuring – or even killing – their assailant. Unfortunately, the legal requirements for establishing “self-defense” and the specific instructions to be given to the jury are not always clear. This is particularly true in instances where the assailant and the party claiming “self-defense” have an
Helping qualify clients for benefits is a sometimes tricky and often a frustrating area of practice. Good lawyers are left feeling befuddled by the maze of laws, regulations, guidelines and rules that govern benefits for their clients in need. They have every right to feel lost. The rules are complicated and filled with hidden traps that can adversely affect vulnerable
A reply brief is optional in appeals in Florida courts. However, a reply brief provides the appellant an important opportunity to refute the appellee’s answer brief and get the last word in the written argument. Some appellate judges deem the reply brief informative enough to read it first, before reviewing the appellant’s initial brief and the appellee’s answer brief. The
One of the oddities of trial practice in a county overseen by the Fourth District is the requirement that the attorney be sufficiently prescient to raise issues at trial or summary judgment that do not yet exist. This seemingly impossible feat appears to be required by the Fourth District case of Trinchitella v. D.R.F., Inc., 584 So.2d 35 (Fla. 4th
While statistics are not readily available, it is conceivable that hundreds, if not thousands, of U.S. veterans have been deported for having committed a criminal offense. This is particularly devastating for veterans that need their earned benefits and treatment for post-traumatic stress disorder and other injuries resulting from combat. Pursuant to a memorandum by the U.S. Immigration and Customs Enforcement
