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 »

Appeal Win for Client in Dispute Regarding Land Development in Lake Elmo.

On February 20, 2018, Dudley and Smith, P.A. attorneys Chris Boline and Joseph Dudley secured a land use victory for their client, LeRoy J. Rossow, Jr., after the Minnesota Supreme Court denied Lake Elmo’s petition asking the Court to review the Court of Appeals decision in favor of Rossow. Background Facts Rossow owns ten acres of… 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 »

What Constitutes an Employee and Independent Contractor

WHAT CONSTITUTES AN EMPLOYEE AND INDEPENDENT CONTRACTOR IN ACCORDANCE WITH THE JULY 15, 2015, DEPARTMENT OF LABOR CRITERIA      Dudley and Smith, P.A. has been practicing in Minnesota since 1952 and has experienced Attorneys that will assist both companies and individuals in labor issues. The following is a brief over-view of the July 15, 2015 Department… Read more »

County May Sue for Unpaid Debts Even if Defendant Does Not Live in that County

On August 1, 2015, a new law went into effect that expanded the territorial jurisdiction of a county’s reach to sue its debtors. The new law will permit Minnesota counties to sue its debtors in their conciliation court, often referred to as small claims, even though the debtor is not a resident of the county.