Standing in Minnesota Court Debt Collection Cases

Plaintiffs sometimes opt to bring claims under the Fair Debt Collection Practices Act (“FDCPA”) in state court, even though the FDCPA is a federal law prohibiting abusive collection methods nationwide. Because state court FDCPA cases remain the exception, rather than the rule, questions of standing are still generally resolved by...

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. 

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...