On December 26, 2024, the United States Court of Appeals for the Fifth Circuit vacated the stay of the preliminary injunction and once again enjoined enforcement of the reporting rule and the CTA “in order to preserve the constitutional status quo while the merits panel considers the parties’ weighty substantive arguments.”
Protecting Your Security Interest in an LLC Membership Interest: Methods and Considerations for Perfecting
Rochelle Hauser
You have made the decision to provide financing, whether as a business owner or otherwise. Perhaps you are loaning money to a borrower, or selling a company you own and financing the purchase. You will likely require some type of collateral to secure repayment of the loan. If your collateral includes a limited liability company…
Protecting Your Business: Preventing Wrongful Interference with Non-competition and Non-solicitation Agreements
Court Anderson | Benjamin (Ben) Hamborg | Eric Friske
Understanding wrongful interference with contract When an employee who is subject to a valid non-competition or non-solicitation agreement leaves and begins competing with his or her former employer—either by creating a new business or by joining an existing competitor—the employee can be enjoined from wrongfully competing and held liable for breach of contract. While an…
Protecting your Business: Identifying and Safeguarding your Company’s Trade Secrets
Court Anderson | Benjamin (Ben) Hamborg | Eric Friske
Most companies have no difficulty understanding how and why to protect their physical assets like machinery, buildings, and real estate. But many of those same companies fall short when it comes to protecting their most valuable assets: business models, customer lists, pricing schemes, and sales and manufacturing techniques, which are the real drivers of profitability…
Taking a Step from Graduate to Grown-up: Estate Planning and Other Considerations for your Recent Graduate
Christopher Burns | Brigitt Orfield
Congratulations, proud moms and dads of new grads! Amidst all the festive parties and frenzied packing, be sure to add these other important preparations to your to-do list: Statutory Short Form Power of Attorney, Health Care Directive, and Digital Property Authorization These legal documents are not just for “grown-ups” anymore. Having your adult children sign…
Protecting your Business: The Enforceability of Non-competition, Non-solicitation, and Confidentiality Provisions in Minnesota
Court Anderson | Benjamin (Ben) Hamborg | Eric Friske
Two schools of thought tend to dominate the way employers and employees view the use of restrictive covenants—non-competition, non-solicitation, and confidentiality obligations—in employment agreements. Some employers view restrictive covenants as just another contract provision, enforceable in court to the same extent as any other provision. Employers in this camp often make the mistake of inserting…
Estate Planning in the Digital Age: Cryptocurrency and Digital Assets
Brigitt Orfield
You likely spend a great deal of time on your computer, tablet and smart phone. But have you considered how increased use of these electronic devices could impact your estate plan? Estate planning is already complex, but it has become even more complicated in the digital age. You now need to carefully consider the implications…