The United States has worked diligently in recent years to publicly denounce human trafficking, address violations of human rights, and prevent the importation of goods produced from forced labor.[1] In 2021, the Uyghur Forced Labor Prevention Act (UFLPA) was passed...
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Mootness Madness: The Government’s Favorite Underhanded Litigation Tool and How you Can Fight It
Litigation against the government is costly in time and resources, and the scales are heavily weighted in favor of the government.[1] Beyond the general bias the courts can often show to the government, the government utilizes an extraordinarily powerful tool: seeking...
Regulatory Vacation: Next Steps After Winning An APA Challenge
Federal[1] agencies adopted three thousand, two hundred, and seventy-three final rules in 2021 alone.[2] With each rule that was adopted, the Administrative Procedure Act (“APA”) required the Federal Government to follow the appropriate steps when reaching its...
Federal Trade Commission Proposes Ending the Non-compete Agreement
On January 5, 2023,[1] the Federal Trade Commission proposed new rules which would impact nearly thirty million workers and their employers by banning non-compete clauses in all labor contracts.[2] Non-compete clauses limit workers from working for competing...
Forks in the Road: Three Routes to Transfer A Lawsuit
While attorneys understandably want to focus on the substantive merits of an action, the procedural question of what venue to litigate a case in can have substantial impacts on the likelihood of success.[1] And, transferring a case after its been filed can keep an...
ITAR: Breaking the Law to Comply with it
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...
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....