The Department of Justice has created an unworkable regulatory scheme whereby companies that endeavor to comply with the International Trafficking in Arms Regulations forbidding the “export” of technical data to individuals without sufficient ties to the United States...
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A Day Late and A Lawsuit Short – The Consequences of Failing to Timely Respond to a Motion for Summary Judgment
Every attorney is familiar with the stress of ensuring compliance with the various filing deadlines of their cases.[1] But sometimes, we watch in confusion as an opposing party’s filing date passes without so much as a peep from the other side. While I’m sure none of...
Wave Your Waiver Goodbye – How Minnesota Courts Seize on Careless Drafting to Invalidate Waivers of Liability
We’ve all experienced the joy of signing a waiver of liability before doing some activity; as practitioners, we’ve likely drafted countless waivers of liability to protect our clients from litigation.[1] And, as we all know, failure to read the contents of a waiver...
UnCERTain? – Practice Pointers for Certifying a Question of State Law in Federal Court
Certification[1] is a legislatively created procedure which empowers Minnesota state courts to answer a federal court’s question of state law.[2] There are many benefits to certifying questions, including relieving federal judges from having to decide important state...
So You Want to Sue the Government? A ‘How-To’ Sue from City to State in North Dakota and Minnesota
Suing the government poses unique hurdles that plaintiffs who sue private citizens do not have to overcome.[1] If sovereign immunity does not bar their claims, then they must also avoid the procedural pitfalls designed to limit their ability to seek relief in court....
Dazed and Confused: The Minnesota Board of Pharmacy Rules Regarding Hemp-Derived THC Contradict Statutory Law
On June 2, 2022,[1] Minnesota enacted a first-of-its-kind law legalizing products containing hemp-derived cannabinoids, including tetrahydrocannabinols (“THC”).[2] While hemp derivatives (including all cannabinoids) that contain less than 0.3 percent...
The Corporate Transparency Act: Blinding Small Businesses to Shine a Light on Corporate Malfeasance
If you are a small business owner, your regulatory burden is about to increase thanks to the “Corporate Transparency Act” (“CTA”).[1] Buried deep within the 2021 National Defense Authorization Act, the [2] CTA requires the beneficial owners and applicants of reporting...
How Long Can a 30(b)(6) Deposition Last in Minnesota? – “Seven Hours”
Experienced practitioners know that, pursuant to the plain language of Fed. R. Civ. P. 30(d)(1), depositions are ordinarily limited to seven-hours.[1] This limitation was introduced in the 2000 Amendments to the Federal Rules of Civil Procedure, on the grounds that...
Tie Goes to the Runner: Playing the Statute of Limitations Game for Invasion of Privacy Claims in Minnesota
Invasion of privacy torts, like other torts in Minnesota, are subject to a strict statute of limitations that dictates when a claim can be brought.[1] When seeking relief under a claim for invasion of privacy, a claimant must immediately confront Minnesota’s vague...
The United States of Alaska: How Regulatory Overreach Puts Private Lands in National Parks at Risk
Congress passed the Alaska National Interest Lands Conservation Act (“ANILCA”) (16 U.S.C. § 3101 et seq.; 43 U.S.C. § 1631) in 1980, converting 104 million acres of land in Alaska into national parks and wildlife preserves.[1] While some have praised ANILCA for its...