Chapter 11 Bankruptcy

Chapter 11 bankruptcy, often referred to as “reorganization bankruptcy” is for businesses that want to keep operating but need time to restructure their finances. The filing of the bankruptcy case imposes an automatic stay on most collection activities of creditors. In a Chapter 11 bankruptcy the debtor usually proposes a plan of reorganization or plan… Read more »

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 »

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 »

Deductions From Employee’s Wages Under Minnesota Law

Minnesota’s laws are very rigid and with strict penalties for any sums deducted from employee or independent contractor’s wages.  No employer shall make any deduction, directly or indirectly, from wages due or earned by any employee for stolen property, damage to property, or for any other claim for indebtedness arising out of his employment, unless… Read more »