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Protecting the Elderly

Minnesota law seeks to protect the elderly against abuse.  Minnesota has several laws, both civil and criminal, with the goal of protecting the elderly from abuse.  Minnesota also mandates that certain people must report abuse when they witness it to the proper authorities, such as the police.  For example, social workers and clergy members are mandated reporters of abuse in Minnesota. One law that protects the elderly in Minnesota is the Minnesota Vulnerable Adults Act.  The Minnesota Vulnerable Adults Act identifies three kinds of mistreatment of the elderly.  The first type of mistreatment identified is physical abuse, which is probably

2022-01-26T14:12:00-06:00Elder Law|

Family Law: Preparing for mediation

Many times cases will be sent to mediation in order to see if the parties can work out a settlement between themselves.  Also, family law matters in Minnesota are frequently handled through mediation.  Because mediation requires the use of a third party to oversee the negotiations, both parties need to prepare themselves before going to the mediation and get to know the process thoroughly before the mediation begins. First, the parties should consider what they actually want to gain from the mediation.  Both parties should discuss their goals with their attorneys before heading into the mediation.  Before hiring a mediator

2014-10-02T19:14:04-05:00Divorce, Family Law|

Do I need a prenuptial agreement?

A prenuptial agreement is an agreement made between the two parties prior to marriage.  A prenuptial agreement lays out how money and other property that belongs separately to the spouses-to-be will be divided should the couple divorce in the future.  Many will complain that discussing a prenuptial agreement is not romantic.  While it may not be a romantic discussion to talk about a prenuptial agreement, it is a smart discussion to have if one or both parties are entering into a marriage with significant pre-marital assets.  This is of particular importance when the assets owned by one party are a

2022-01-26T14:14:07-06:00Divorce, Family Law|

Grandparents’ Rights

Divorce is much more common today than it was 50 years ago.  When spouses divorce, custody decisions regarding the children in their marriage are made, including who will be the primary caretaker and where the children will live.  What about the rights of the grandparents to visit with their grandchildren after the divorce?  What if the divorced or widowed spouse does not want to allow children to visit with the grandparents?  This question has been raised several times in Minnesota and so a law was passed under Minnesota Statute Section 518.1752 that addresses the issue.  Minnesota district courts will consider

2022-01-26T14:18:49-06:00Family Law|

Termination Of Parental Rights

Courts in Minnesota may need to consider whether or not to terminate the parental rights of one parent.  These parental rights may come up during divorce proceedings or other cases before the courts, including criminal cases.  When a decision is made to terminate the parental rights of one or both parents, this means that all rights of the parents, including custody, right to make decisions regarding the child’s upbringing, and parenting time are permanently severed. A parent may choose to voluntarily terminate his or her own parental rights and may do so by simply giving written consent.  A judge must

2022-01-26T14:23:31-06:00Family Law|

Damages for Personal Injury Victims

If you have been injured in an accident you have the right to receive money for your injuries.  Regardless of whether you are injured in an auto accident, boating accident or a slip and fall, a settlement or judgment in your favor will include monies to compensate certain injuries.  These monies awarded are referred to as damages and always cover medical bills and costs directly related to the injury.  However, these are not the only damages that are possible.  Awards can include future estimated medical expense, time lost from work, damage to your property, such as your vehicle, emotional distress

2022-01-26T14:29:51-06:00Personal Injury|

A Primer on Union Negotiations

The process of negotiating a union contract can be time-consuming and stressful for both management and unionized labor.  Negotiations are the process by which management of an employer and union leaders meet to renew a contract that is ending or meet to attempt to resolve a specific dispute.  This negotiation process is also referred to as collective bargaining and often revolves around wages, working conditions, and benefits issues.  However, the process need not be adversarial if both sides have worked to develop good relationships. Typically, the negotiation process begins prior to the end of a collective bargaining agreement.  Hopefully, both

2022-01-26T13:57:03-06:00Business Law|

Minnesota Unemployment Requirements for Employers

Employers terminating and laying off employees need to make sure they are following the laws regarding unemployment insurance under both federal and state laws.  Minnesota employers are required to meet certain requirements to be in compliance with Minnesota Unemployment Insurance Law.  Minnesota employers should also be aware that even employees fired for poor performance will be entitled to Minnesota unemployment insurance benefits. First, Minnesota employers must register for an employer account.  Minnesota requires any individual or organization that pays covered wages to register with the Minnesota Unemployment Insurance Program.  Minnesota requires that this registration be done prior to the due

Foreclosure – Short Sale or Walking Away

“Strategic default” is a topic a lot of real estate experts are talking about these days.  Some Minnesota property owners are so underwater with their mortgage that they are walking away from their obligations and choosing instead to default and give the home back to the bank.  With falling property values and difficult economic times, walking away might be a homeowner’s best option, though one not to be entered into lightly. Many homeowners are underwater on their mortgages.  Most of these homeowners did not take out a bad mortgage nor did they buy a home beyond their means.  However, with

2022-01-26T14:49:08-06:00Real Estate Law|

Intellectual Property Basics

Business owners are often concerned about protecting their ideas and products from being used by someone else.  No business owner wants someone else to profit from their good ideas.  There are four basic ways that business owners can protect their inventions and products under the law.  Most of the protections for intellectual property fall under Federal law, however, Minnesota law does have special protections for trade secrets. One way for a business owner or inventor to protect his or her inventions is by applying for a patent.  A patent gives an inventor the exclusive right to prevent others from making,

2022-01-26T14:00:03-06:00Business Law|
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