Promissory Estoppel? Liquidated Damages? If you attended a seminar by BGS Attorney Carole Clark Isakson this week, you know what those are. Ms. Isakson was one of several presenters on June 27, 2023 at the Minnesota CLE center, all of whom had contributed materials to The Complete Lawyer’s Quick Answer Book. Carole spoke about contract law, an area in which she has been working for more than three decades. Attendees learned about the elements of a contract, what constitutes an offer and acceptance, and how courts in Minnesota interpret contracts. When do emails and conversations impact how a contract is interpreted? This depends in part on the contract terms. Most likely is that prior conversations about the contract terms will not be persuasive if they contradict the terms of a contract that was then signed. She also spoke about breach of contract cases and how one can prevail or defend those claims. Tips for solid contract drafting were provided to the audience; a well drafted contract is the best defense against any type of claim based on the contract. State law requires that some types of contracts be in writing to be enforceable or provide a party with the ability to void a contract that is not in writing. BGS is proud to…
Read MoreThis article is one in a continuing series of articles on the soon to be effective Corporate Transparency Act. Many entities will need to comply with reporting obligations under the Act or face significant penalties. Read all of these articles on the firm website. The Corporate Transparency Act (CTA), signed into law in January 2021, requires certain companies to report their beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury. The purpose of this legislation is to increase transparency in the corporate sector and help combat illegal activities such as money laundering, terrorism financing, and tax evasion. The CTA requires that certain entities, known as “reporting companies,” provide information to FinCEN. Reporting companies are defined as any corporation, limited liability company, or other similar entity that is created by filing a document with a secretary of state or similar office under the laws of a state or Indian tribe, or a similar entity formed under the laws of a foreign country and registered to do business in the United States. The information that must be included has been covered in prior blogs and will be addressed in greater detail in future blogs. Our focus here is on WHO must report – not every…
Read MoreAn Update on the 2023 Changes to the Law By Scott Lepak and Katherine Bogart The 2023 Minnesota legislature amended the prior nursing mother and pregnancy accommodation statute to provide broader protections and clarifications. The law is at https://www.revisor.mn.gov/laws/2023/0/53/ at Article 11, Section 27. It will go into effect on July 1, 2023. Nursing Mothers/Lactating Employees Among the changes to the law, it now requires employers to provide reasonable break times to an employee who needs to express milk. The prior requirement that the employee be expressing breast milk for her infant child has been removed. The twelve month limitation following the birth of the child that was in the law has also been removed. A practical effect of this change is that employees expressing milk in order to sell or donate it are now permitted to take breaks for this purpose. The law also removes the prior exception where an employer could deny break times where it would unduly disrupt the operations of the employer. With this revision in the law, it appears that employer hardship is no longer a defense for employers under the law. The law adds the requirement that the employer make reasonable efforts to provide a room or other location that is clean, private and secure. The…
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