Noncompete Agreements in Minnesota and the Enforceability of Remedies Clauses

Restrictive covenants such as noncompete agreements are commonplace in today’s employment contracts. Minnesota’s large med-tech presence often lands departing employees in legal battles with Medtronic, Boston Scientific, St. Jude Medical, and other companies who have attempted to protect their intellectual property and trade secrets through restrictions in employment agreements. As one expects, a noncompete agreement… Read more »

Alternatives to Litigation

If I have a dispute with two or more people, is there any other method to resolve the differences other than litigation or court? Yes!  There are numerous alternatives to trial or litigation if you have a dispute.  Minnesota courts often require that parties participate in “alternative dispute resolution” (“ADR”) prior to trial.  However, ADR… Read more »

The Defend Trade Secrets Act – New Business and Employment Protections

Congress recently passed a law that will provide further security to companies seeking to protect their trade secrets. The newly signed Defend Trade Secrets Act adds a civil cause of action to the criminal liability currently existing through the Economic Espionage Act of 1996. Though most states already have a form of trade secret protection… Read more »

Minnesota Construction Law – Builder’s Right to Inspect, Offer to Repair, and Pre-Suit Mediation

In a prior post titled What Type of Claims May be Brought Under Minnesota’s Construction Defect Warranty Statute, we discussed the types of statutory construction defect warranties that protect homeowners from shoddy building or remodeling and the notice requirements that homeowners must provide to their builders. We also reviewed several exclusions that serve to shield… Read more »

Is an Oral Promise to Guarantee the Debt of Another Valid?

The importance of having well-drafted written contracts cannot be understated in the business context. No matter the relationship of the parties to the underlying agreement, having that agreement documented in writing is the safest way to memorialize the parties’ contract. Although not recommended, a verbal contract is not invalid per se. With certain exceptions, parties… Read more »