In May 2025, substantial amendments to Minnesota’s trust and estate statutes were enacted. Some of these changes include changes to the Uniform Trust Code, the Uniform Probate Code, the Power of Appointment Act, and to modernize Minnesota’s statutory Rule Against Perpetuities. These revisions update the legal framework governing trusts and estates in Minnesota and enhance planning opportunities for multi-generation estate planning.
Are You Ready for Minnesota’s New Data Privacy Law?
The Minnesota Consumer Data Privacy Act (“MCDPA”) introduces new rights for consumers and new obligations for businesses – and it takes effect July 31, 2025. If your business handles personal information from Minnesota residents, now is the time to prepare. Can you respond to consumer requests under the new law? Are your opt-out tools in place? Have you updated your privacy notice?
Waiver of Retirement Benefits in Antenuptial & Postnuptial Agreements
Alan Eidsness | Lisa Spencer | Minnesota Lawyer
The 8th Circuit Court of Appeals recently determined that broad provisions for the waiver of retirement benefits in antenuptial and postnuptial agreements are ineffective if the terms lack strict conformity with 29 U.S.C. §1055(c)(2)(A) of the Employee Retirement Income Security Act (ERISA). Family law attorneys Alan C. Eidsness and Lisa T. Spencer discuss the Court’s decision…
Child Support for Business Owners Following Haefele v. Haefele
Alan Eidsness | Melissa Nilsson | Jaime Driggs | Minnesota Lawyer
The Supreme Court’s decision in Haefele v. Haefele changed the landscape in child support litigation involving owners of closely-held businesses. Before Haefele, disputes in such cases frequently centered on the availability of the owner’s income. The reason for retaining earnings, degree of control, and true cash flow were always topics of inquiry and debate. After Haefele, these considerations still matter, but not with respect to calculating income and…
Vocational Evaluations After Graybow v. Graybow
Alan Eidsness | Jaime Driggs | Minnesota Lawyer
The importance of vocational assessments became unmistakable after Passolt v. Passolt but while some types of evaluations are provided for by statute, none exist for vocational evaluations. Read family law attorneys Alan C. Eidsness and Jaime Driggs’ analysis on requesting vocational evaluations after Graybow v. Graybow. The article is part of a series previously printed…
Parenting Consultants: Lessons from the Case Law
Alan Eidsness | Jaime Driggs | Minnesota Lawyer
Family law attorneys Alan C. Eidsness and Jaime Driggs co-authored “Parenting Consultants: Lessons from the Case Law,” which covers recent court decisions that shed light on the challenging issues raised by the use of parenting consultants. The article is part of a series previously printed in Minnesota Lawyer concerning topics relevant to the area of…
Strategies and Tactics for Effective Agreement Negotiation
Business law attorneys Scott M. Hagel and Jennie A. Clarke presented “The Devil’s in the Details: Strategies and Tactics for Effective Agreement Negotiation” at the Minnesota Associate of Corporate Counsel (MNACCA) In-House Counsel Conference on June 20. When negotiating agreements, it’s the details that keep you up at night. This session will provide an overview…
Impact of the Americans with Disabilities Act Amendments of 2008 on Commercial Real Estate: Part 3
Post 3 of 3: The ADA, OSHA, and Other Safety Laws and Standards Previously, we discussed the applicability of regulations promulgated under the Americans with Disabilities Act (ADA) as well as the ADA Amendments that took effect January 1, 2009 to commercial real estate owners and developers. While requirements of the ADA impact commercial real…