Paying the Price: The Pitfalls of Ineffective Liability Waivers
Liability waivers are common in many contracts between businesses and the general public. Whether the contract covers in-home daycare or bungee jumping, it likely includes language intended to function as a release or a liability waiver that the business owners hope will act as a shield in the event of a lawsuit. Often times, however, […]
Are You Prepared for the Future of LIBOR?
The Financial Conduct Authority (“FCA”) in the UK has announced that it will no longer require banks to submit London Interbank Offered Rate (“LIBOR”) quotes after 2021. This change requires careful review and action for lenders, borrowers and investors. LIBOR’s significance in the industry is demonstrated by its prevalence – as a reference rate for […]
No Joke: New Disability Regulations Go Into Effect April 1, 2018
People who make a disability claim in the U.S. will have stronger protections when a new rule goes into effect April 1, 2018. Late last year, the Department of Labor released a final rule to strengthen the claims and appeals requirements for plans that provide disability benefits. A big reason for the change: The Department […]
Federal Judge Voids Matching Exclusion – Good News for Homeowners Denied Coverage Under Exclusion
A Minnesota federal judge recently issued an order that has big potential implications for Minnesota homeowners who had part of their claim denied by a matching exclusion. Specifically, customers of American Family should be aware of this order, especially those covered by a Gold Star Policy. The Order was issued in the case of Noonan v. […]
Help! I am a residential landlord and I received a rent escrow action summons in the mail
If you are a landlord of residential rental property in the state of Minnesota, you may be subject to a rent escrow action to remedy alleged “violation(s)” at your property. What is a rent escrow action? A rent escrow action is a Minnesota statutory provision that permits a residential tenant to deposit the amount of […]
The OCC is Busy: Regulatory Update
The Office of the Comptroller of the Currency (OCC) shared several updates over the past six weeks that require the attention of financial institution leaders. In fact, some changes go into effect as soon as December 1, 2017. On September 28, the Committee on Bank Supervision (CBS) for the OCC released its Bank Supervision Operating Plan […]
The New Wave of Non-Competes — Are They Enforceable?
The history of non-compete agreements might be described as a pendulum. The past five years have seen a significant movement in employer attempts to broaden noncompete agreements and limit employee protections. A decision this year from the Federal Circuit, as well as other recent developments, suggests, however, that the pendulum is beginning to swing back […]
Eulogy for a Neighborhood Landmark
Even though I’m a lawyer, my blog posts don’t always need to discuss law-related topics. I’m entitled to digress from time to time, particularly when the “issue of the day” affects me personally. This week the St. Clair Broiler, an old-fashioned diner-style restaurant in St. Paul’s Macalester Groveland neighborhood, announced that it was closing for […]
Law Firm Cybersecurity Breach Opens Door to Lawsuit
As we become more mobile, law firms face substantially greater challenges meeting their ethical obligation to keep client information confidential. The progress, convenience, and efficiency that technology has brought to our practices carries with it a risk we cannot see but against which we must be vigilant. A recently unsealed case in the Northern District […]
Updates to Federal Overtime Rule: Delays Continue
The delays continue regarding the overtime rule that was originally set to go into effect on December 1, 2016. This rule would have raised the salary threshold for exempt employees – those employees who were not entitled to overtime – to $47,476 from $23,660. Implementation of this rule was delayed by a court decision on […]