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 »

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 »

The Duty to Preserve Evidence – Spoliation in Minnesota Litigation

Before you make the decision to start a lawsuit, you should be thinking about preserving evidence.  When a lawsuit is anticipated or pending, potential parties should be aware from the outset that they may have an obligation to preserve evidence if they intend to use it against another party. The failure to preserve evidence may… Read more »