Category: News & Events
Be Wary of Letters from Lawyers Claiming Your Company Name Is at Risk
September 16, 2024 | Carole Clark Isakson
Over the last several months, we have seen an uptick in the number of false claims being made concerning company names. These claims come in the form of a letter from a lawyer warning the recipient that its business name is about to be “taken” by a third party. There is an offer of help, and frequently a claim that if the recipient doesn’t act, this unknown third party will file a trademark application on the company name and deprive the recipient of the right to use it. THESE CLAIMS ARE GENERALLY FALSE. There is a difference between an entity name (i.e. for an entity that is created at the Secretary of State level) and a trademark, although they can certainly also be the same. A trademark designates the source of goods or services. It exists, meaning you own rights to it, when you start using it. One way to enhance the protection of a trademark is to file an application to register it with the United States Patent and Trademark Office—though you still own it and have rights to it even if you do not register it. This is a common misconception, and one that lawyers prey upon. Simply put, your company name is yours in the state where you created it. And if your…
Read MoreNotice of Continued Insurable Interest: Minnesota Transfer on Death Deeds
June 25, 2024 | Cathryn Reher
A spiteful ex-spouse burned down the decedent’s homestead immediately after death upon learning the property title passed to the decedent’s daughter as the surviving transfer on death beneficiary. The insurance company refused to cover the loss, asserting the daughter did not have an insurable interest! Thankfully, this prompted our legislators to pass a new law effective August 1, 2024, which provides some limited post-death insurance coverage to transfer on death beneficiaries. BUT, it will require you to act. The new law provides that, upon notice, your property insurance company must provide extended coverage commencing on the date of the Grantor Owner’s death or death of the last survivor of multiple Grantor Owners for a period of 30 days, or the date that the insurance policy expires, whichever is shorter, for the named Grantee Beneficiary(ies) under the transfer on death deed. Note that if you change your insurance carrier, you will need to submit a new notice to your new insurance company. This is a benefit to property owners in Minnesota. If you need assistance to provide the required notice, please reach out to your BGS team. Our estate planning and real estate practice groups here at Barna, Guzy, & Steffen are dedicated to staying informed and serving our client’s best interests. Our estate planning…
Read MoreNursing Mother/Lactating Employees and Pregnancy Accommodation in Minnesota
June 12, 2023 | Toni PerrierAn 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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