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Public employers sued in civil litigation face unique challenges and may assert unique defenses. They are exposed to a wider array of claims than private employers. They benefit from an array of immunities, but sorting through which ones apply can be daunting, and securing the benefits of them at the most meaningful time—pre-discovery dismissal of a complaint—can be challenging.
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In-house general counsel and private practice construction lawyers will present panel discussions and answer questions regarding wide-ranging changes in laws affecting the industry, including strict liability for lower tier wage theft, new limitations on contractual indemnity and insurance, legalization of marijuana, prohibitions on non-compete agreements, and more. We will also conduct a short business meeting and hold elections for the 2023-2024 Section Council.
1.0 Standard CLE Credit
This legislative session has produced an exciting array of changes in Minnesota’s housing laws affecting the rights and responsibilities of residential landlords and tenants. If you are already practicing housing law, this session will tell you all you need to know to incorporate into your representation of landlords or tenants. And if you are considering doing housing work pro bono, this training is an excellent introduction to this challenging and dynamic practice area!
Picking up from where the Real Estate Institute left off, this presentation will provide a mid-year update on recent decisions by the Minnesota Supreme Court and Minnesota Court of Appeals touching on real property law and transactional practice. It will also highlight recent petitions for further review granted by the Minnesota Supreme Court and real property cases pending before the United States Supreme Court. The cases presented will touch on a variety of topics in real property law and practice, including: the statutory definition of "public waters," the scope of exculpatory clauses in contracts, the effect of conditions in a will on a devise of land, the scope of replacement-cost insurance required by state statute, and more!
GDPR and State Privacy Law Developments: A Panel Discussion of the Current Challenges and Strategies
Open the Pod Bay Doors: Problems with AI
General Counsel Roundtable.
Ethics, Mental Health & Well Being in a Post-Covid Environment
The Ransomware Epidemic | What In-House Counsel Need to Know About Criminals Taking Advantage of Those Working From Home
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Immigration law and policy remain major issues in the United States. This CLE will bring attention to these developments and provide an opportunity for successful immigrant attorneys among us to speak about their careers, going through law school in the United States, obtaining a Minnesota law license, and practicing in different settings.
Should mediation help lead change in our racially-divided society? If so, how? What are the barriers to exercising that leadership? Ellen Deason, Isabelle Gunning and Sharon Press will lead a discussion that relates this issue to neutrality/impartiality as guiding principles in our field; what does neutrality/impartiality mean to each of us? How does self-determination interact with neutrality and impartiality?
Communities throughout Minnesota must be prepared for natural disasters before they strike. Climate change is increasingly seen as causing extreme weather events for which communities must be prepared. Learn about what communities can do now to plan for disasters and ensure they remain resilient. Communities also need to be ready to respond to disasters. Understand the legal framework under State law for responding to emergencies and disasters. Learn best practices in drafting agreements for intergovernmental cooperation. Know your client’s potential liability when requesting or providing assistance in disasters.
Discover how Social Media marketing (really) works. Learn how to leverage your offline community engagement through the network effect of technology to transform your city or town into a large, enthusiastic, genuinely affiliated referral source. Sit back and watch short Case Studies of lawyers who are growing their practices through Dark Social to either replace or augment their local advertising campaigns. During this session we explore the limitations of attribution models in evaluating Dark Social as a marketing channel and highlight the importance of recording multiple attribution channels. More Information
As “the new normal” continues to evolve, the legal profession—especially pro bono and legal aid practitioners—have an increasing interest in attorney and client mental health. Low-income people have been devastated by the pandemic. When they come to us for help, these clients are often sharing stress, depression, and other mental health concerns along with their legal issues. Pro bono and legal aid practitioners are best equipped to serve indigent clients when attorneys have tools to support their own mental health, and have knowledge of resources for clients in crisis.
On June 13, 2022 Governor Walz signed a bill establishing a juvenile guardianship process for at-risk youth ages 18-21. Before, the state of Minnesota only had a process in place for youth under the age of 18. This new law created an avenue for immigrant youth 18-21 years old attempting to gain immigration protection under Special Immigrant Juvenile Status.
Ethics Narrative: With all we have been through these last two years both in our professional and personal lives, many lawyers are feeling exhausted, discouraged, stressed, and "burned out." We know that burnout, and the chronic workplace stress that leads to it, has a significant impact on our lives and our health but may not realize the impact it has on our ability to be meet the ethical standards of our profession.
The objective of this program is to educate attorneys in Minnesota to identify and eliminate biases against formerly incarcerated clients, who are disproportionately Native, Black, and poor. We will familiarize attorneys with incarceration and post-release issues in Minnesota, encourage attorneys to actively inspect their own and others’ biases, and provide practical training on how to address and eliminate these biases through a better and deeper understanding of the reentry experience.
Co-sponsored by the Children and the Law Section and Criminal Law Section.
Under Minnesota law, children as young as 10 years old can be required to register as predatory offenders. In 2021, the Minnesota Legislature enacted the creation of the Predatory Offender Statutory Framework Working Group to comprehensively assess the predatory offender statutory framework” in Minn. Stat. § 243.166. The working group submitted its report to the Legislature on February 1, 2022, and there has been press coverage regarding that report.
IWIRC Members will discuss current issues in crypto currency, including what is crypto and current trends in regulation, bankruptcy, preferences, and legislation.
This annual CLE focuses on current and emerging issues related to long-term care, particularly in the assisted living and nursing home settings, that are of interest to Elder Law attorneys and related professionals as well as the clients they serve.
The Minnesota Department of Health (MDH) Environmental Health Division plays a criterial role in protecting the health of Minnesota citizens. Its responsibilities are wide and far reaching, covering air, drinking water, chemical hazard assessment, retail food safety, indoor air quality, radiation, lodging safety including education, licensing and compliance activities. From PFAS to HRLs, from lead paint to food sanitation, the division takes an active role in protecting Minnesota.
Susan Humiston, Director of the Office of Lawyers Professional Responsibility, reviews recent attorney discipline cases and shares lessons from recent cases. Director Humiston will examine the professional conduct rules that were violated and give practical advice to avoid the conduct that caused actual discipline for Minnesota attorneys. She will also discuss the recent review of the discipline system conducted by the ABA and the status of the court’s consideration of recommendations made by the ABA.
An opportunity to hear from a panel of experts including two Court of Appeals staff attorneys who specialize in criminal appeals and an appellate court judge. The panel will be moderated by an appellate public defender. Topics that will be discussed include good and bad issues to raise on appeal, motions to strike and discretionary appeals. Participants are encouraged to send in questions ahead of time and the panel will also answer questions submitted during the CLE.
The IRS is an extremely powerful and effective debt collector. If your client owes the IRS taxes from joint returns filed with their ex-spouse, simply allocating the debts to the ex-spouse in the divorce decree, by itself, will not protect your client from IRS collection efforts related to the debts, including filing of federal tax liens and levies against wages, bank accounts, retirement accounts, or home foreclosure action.
Human rights concerns increasingly inform decisions under U.S. trade law. The U.S. Government now considers human rights in making export controls decisions, new sanctions designations, negotiation and enforcement of free trade agreements, and, especially, U.S. policy towards China. This CLE will provide an overview of recent developments on human rights and U.S. trade law, with analysis of key legal issues for corporate counsel, non-governmental organizations, and the interested public. Topics will include how human rights have resulted in new export controls, how human rights impact export control licensing decisions, sanctions designations for human rights reasons, labor provisions in the U.S.-Canada-Mexico Agreement (USMCA), and more.
Join us to learn about document automation and how it can help save you time and money, and allow you to focus on the actual practice of law.
Janet Olawsky (employer side attorney) and Brendan Cummins (employee-side attorney) will cover the Minnesota CROWN Act, the potential implications of the affirmative action cases before the United States Supreme Court, and other developments in race discrimination law.
The United States remains one of the most attractive markets for foreign direct investment in the world. At the same time, a foreign person who wishes to invest into the United States has to navigate through an intricate web of state entity and business laws and comply with the most complicated tax system in the world.
Join us for a presentation on what's new on the legal landscape in Mexico, Brazil, Argentina, Colombia and Chile.
Following registration, you will receive the reading materials in advance of the session. Attendees are expected to read the play in advance and come prepared for a lively discussion.
You won’t want to miss the dynamic brother and sister duo as they discuss the power of the mind as it relates to managing people and managing stress. Listen, learn, and laugh along with Jon and Rachel, siblings who grew up riding their big wheels together through the streets of North Central Wisconsin navigating a strong family tree that includes: lawyers, doctors, engineers, teachers, and factory workers.
Co-sponsored by the Real Property Section and Certified Legal Specialists Program
Join us for an in-depth review of the recently completed Minnesota legislative session. It was a historical session that produced major changes in many areas of civil and criminal law. MSBA lobbyist Bryan Lake will give an overview of the new laws that will transform the state and impact a wide variety of practice areas.
The First Round of the Fiscal Year 2024 H1B Lottery is complete and lots of people are disappointed. Selection rates were quite low; much lower than last year. This follows a Fiscal Year 2023 where selection rates were a little over 25% or so. What are the main legal options do employers have and employees have in light of this environment. What are the risks? Where are the opportunities if any to be found?
The Connecticut Department of Children and Families has recently been recognized in the media as paving the way for transformation of the child protection system, including reducing out-of-home placements for children as well as racial disparities in the system. Commissioner Dorantes and Deputy Commissioner Hill-Lilly will share their knowledge, expertise, and experience in Connecticut to combat racial disparities in the child protection system and prevent the trauma of out-of-home placements.
This will be an interactive session providing an overview of the requirements, protections, and limitations of the various privileges (such as attorney/client and accountant/client); “Kovel” engagements; and settlement discussions and documentation. We will also cover various state and ABA ethics and professional rules of conduct relating to these matters.
Minnesota has a robust legal services community that provides needed service to help the disadvantaged have access to justice. Every law firm associate should be familiar with the key elements of Minnesota’s legal services network: the need for service, who is served and why, the work done by legal aid providers, how the work is funded, and how to contribute by doing pro bono work. This CLE will explain the basics, looking at how legal aid organizations, pro bono attorneys, and the courts all play an important role.
Drafting the correct documents to sell or distribute real property from a probate estate and the steps necessary to get them recorded.
Immigration law keeps changing and it remains a major issue in the United States. This CLE will bring attention to recent developments in immigration law and provide an opportunity to review current issues affecting the Venezuelan community.
The panel will share successes and challenges in representing Venezuelans in today's immigration.
Join the Immigration law section for this informative CLE. Panelists will discuss the challenges in representing non-citizens in their Civil Litigation, Estate Planning and Employment practices.
Lawyer Wellness CLE Series
Presented by Lawyers Concerned for Lawyers and co-sponsored by the Criminal Law, Civil Litigation, and Solo Small Practice Experience Sections
The stress lawyers face is a predictor for depression, and untreated depression is the #1 predictor for suicide. Lawyers must also deal with the fact that clients can be suicidal. This program will help you understand the facts and myths about suicide; recognize signs and indicators for clinical depression, anxiety, and suicide; and provide resources and a protocol for offering and seeking help to prevent suicide.
In one compact hour, hear about the most recent contracts cases winding through the courts. Topics include arbitration clauses, choice of law and forum, unjust enrichment, and more. This CLE will update you on the latest developments in electronic technology contracts.
PUC Chair Katie Sieben and former Chair LeRoy Koppendrayer will provide insights into their contrasting roles as Chair of the Minnesota Public Utilities Commission during very different times over the past 20 years. The energy transition presents unique challenges during this time of unprecedented change and Moderator Phyllis Reha, former PUC Commissioner, will explore their respective roles and how these roles have evolved over time.
The Public Utilities Section will briefly host its annual meeting and elections at the beginning of the program.
Lawyers practicing in-house or for the government face particular challenges – you’re seen as a confidant, an advisor, and a business partner. The easy and daily access to the legal department also increases the ability to develop friendships with the people in your organization. More information
We’ve all heard about it but have you thought through how it could impact your practice? Join our panel of experts as they discuss how ChatGPT can (and will) impact how lawyers practice from legal research to brief drafting to client communication.
The goal of this session is to provide attendees with a foundational knowledge of the Administrative Procedures Act (“APA”). The focus will be on the history of the APA, a discussion of caselaw surrounding the APA, the potential ongoing impact for taxpayers, and opportunities to utilize the APA in advocacy situations.
Are confidentiality and non-disparagement clauses illegal??? The impact of the NLRB’s Recent McLaren Macomb Decision.
An art history professor at Hamline University ignited intrigue and debate by introducing students to artistic representations of the Prophet Muhammad during class, a move which offended some students, led the university to not renew the professor’s contract, and now serves as the centerpiece for litigation about academic freedom.
The Minnesota Supreme Court recently recognized the common interest doctrine. Join us in exploring the guidance offered by the Court on this new exception to waiver, as well as persuasive precedent from around the country. Attendees in the private and public sectors alike will gain practical insights they can apply to questions about common interest in their day-to-day practice.
A review of Minnesota’s recent adoption of the Uniform Electronic Wills Act, the harmless error rule, and other recent probate and trust legislation. Also, a first look at the Uniform Law Commissions' proposed Uniform Electronic Estate Planning Documents Act.
A conversation with four experienced attorneys about the hidden traps and unforeseen consequences of TODDs while still considering when TODDs can be very useful.
Community decision-making and peacebuilding efforts around the globe have been and continue to be affected by trauma thus necessitating a trauma-informed approach to conflict resolution, breaking recurrent cycles of violence, and fostering the trust and collaboration required for sustainable project outcomes and stable societies.
When Minnesota “accidentally” legalized some forms of THC last year, it made recreational marijuana legalization all but guaranteed. This raises a not insignificant amount of questions for the construction industry. Can employers prohibit all marijuana use for safety sensitive positions? What happens if an employee tests positive? What if we find marijuana at work? What happens if an employee gets injured at work and we hear rumors they were high? This session will cover the likely answers to these questions and provide some practical approaches to addressing weed in the workplace.
Many corporations maintain foundations for charitable giving and ask their corporate counsel to serve as officers, directors, or advisors. Many more corporate counsel serve on nonprofit boards as a community service. In both situations, colleagues may expect the attorneys in their midst to be nonprofit corporate governance experts.
Supported Decision Making is a newer concept for some. This session will explore it as a model for building upon a person’s abilities, support teams, and available community and residential service systems to address vulnerabilities as an alternative to guardianship and as an option to explore in terminating guardianships. Minnesota’s Guardianship statute was recently modified to address the reality that a guardianship may be an overly restrictive tool with sometimes surprising harms.