Frustrated Agreements

Businesses enter commercial contracts based on expectations (or guesses!) about future market conditions. Some expectations are inherently uncertain. Will demand for a product grow? How much? Will new competitors emerge? If uncertain events play out differently than hoped and a contract becomes unprofitable, the business is usually out of luck. ...

The Uniform Law Commission Publishes Final Uniform Restrictive Employment Agreement Act

The Uniform Law Commission (“ULC”) recently published the final Uniform Restrictive Employment Agreement Act (“Act”). Restrictive employment agreements – or restrictive covenants – are agreements that restrict an employee from working after the employment relationship ends.

Minnesota Liens on Personal Property in Self-Storage Act and the Significant 2021 Amendment

The Minnesota Liens on Personal Property in Self-Service Storage Act (the “Self-Storage Act”) located at Sections 514.970 to 514.979, provides self-storage owners with a very powerful and non-judicial (meaning, outside of the courts) foreclosure process to address situations in which self-storage tenants fail to pay rent. 

Squeeze Out Mergers

“Squeeze out” mergers are one of the (many) threats faced by minority owners of corporations.[1] In a typical squeeze out, the majority owner sells the business to another corporation controlled by the majority owner – which the minority owner is not part of. This action can effectively create a forced...

Mandatory COVID-19 vaccination policies in the workplace

Mandatory COVID-19 vaccination policies in the workplace As COVID-19 vaccines became readily available, employers must examine the legality of mandatory and voluntary vaccination policies. On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued guidance for employers regarding mandatory vaccination policies, employer-provided vaccine incentives, confidentiality, and accommodating workers...

Biden Issues Order aimed at business competition, which will limit use of non-compete agreements

On July 9, 2021, President Biden issued a broad executive order designed to increase competition among American businesses, as well raise wages for American workers. The Order titled, “Executive Order on Promoting Competition in the American Economy,” contains over seventy-two different initiatives, and instructs over a dozen federal agencies to...