Category: News & Events

New Law in Minnesota Voids Most Covenants Not to Compete

June 5, 2023  |  Scott M. Lepak

The Minnesota legislature is poised to pass a law that generally prohibits employers from entering into new covenants not to compete in Minnesota except in narrow instances.  It is expected that the governor will sign the bill when it is presented to him.  If signed, it will become effective the day following the governor’s signature and will apply to contracts and agreements entered into on or after that date.   Pursuant to this bill, a covenant not to compete is defined as an agreement between an employee and employer that restricts the employee, after termination of employment, from performing work: for another employer for a specified period of time; in a specified geographical area; or for another employer in a capacity that is similar to the employee’s work for the employer that is a party to the agreement. These limitations are important given that the courts in Minnesota have generally refused to enforce covenants not to compete where there is not a specified time limit (i.e. it applies forever) or geographic limit (it applies across the entire planet).  This new law will broadly apply to employers who are individual(s), partnership, association, corporation, business, trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to…

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Herman L. Talle Retirement

February 15, 2023  |  Barna, Guzy & Steffen, Ltd.

Attorney Herm Talle is a well-known figure in Anoka County legal fields and has practiced since 1959. Herm joined Barna, Guzy & Steffen, Ltd. during a merger in 1991 with the intention of winding down his practice. That practice continued for another thirty-two years. Herm finally decided to retire on January 31st, 2023. During those final 32 years Herm counseled many young attorneys and taught them how to be good lawyers. Full of history, knowledge and a unique insight on legal practice, Herm routinely made everyone’s day brighter at BGS just by showing up and being part of the team. His stories will be missed dearly, and we wish him all the best in retirement at long last. Congratulations Herm! Well done and well-earned retirement.

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The Corporate Transparency Act and How It Impacts Your Business

February 17, 2022  |  Georgia Kellogg

Update December 19th, 2024 On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction in Texas Top Cop Shop, Inc., et al. v. Garland, enjoining the federal government from enforcing the Corporate Transparency Act (CTA) and its reporting deadlines. On December 13, 2024, the Department of Justice (DOJ) filed an Emergency Motion for Stay Pending Appeal in the Fifth Circuit requesting an expedited briefing schedule and a ruling “as soon as possible, but in any event no later than December 27, 2024, to ensure that regulated entities can be made aware of their obligation to comply before January 1, 2025.” Reporting companies should continue monitoring developments in the coming days in case the January 1, 2025 deadline for filing is reinstated. In January of 2021, as part of its initiative to crack down on illicit activities commonly associated with shell companies, Congress passed the Corporate Transparency Act (the “CTA”). Under the CTA, entities formed or registered to do business in the United States will be required to report various information concerning beneficial ownership of the company. The Financial Crimes Enforcement Network (“FinCEN”) has been tasked with preparing the regulations that will govern the beneficial ownership reporting requirement and provide the necessary oversight to ensure…

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