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  • Article

    Overview of the Tax Provisions in the 2010 Small Business Jobs Act

    On September 27, 2010, President Obama signed the 2010 Small Business Jobs Act (the "Act") which includes a wide-ranging assortment of tax breaks and incentives for small business, paid for with various revenue raisers. Below is a brief overview of the tax breaks and incentives in the Act.
    United StatesTax
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    United States Supreme Court Defines Scope Of "Cat’s Paw" Theory Of Employer Liability For Discrimination

    On March 1, 2011, the United States Supreme Court issued its unanimous decision in Staub v. Proctor Hospital
    United StatesEmployment and HR
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Construction Work Did Not Relate To Demolition Work Two Years Earlier, So Intervening Mortgage Had Priority Over Contractor's Mechanic's Lien

    Under Minnesota law, work completed after a mortgage is granted and recorded can, in some situations, nonetheless give rise to a mechanic’s lien that has higher priority than the mortgage.
    United StatesReal Estate and Construction
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Descriptive Trademarks, Acquired Distinctiveness And Tips For Brand Protection

    A recent ruling by the United States Court of Appeals for the Federal Circuit has shed light on issues surrounding descriptive trademarks, with valuable lessons for organizations as they consider names of their products...
    United StatesIntellectual Property
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Employer Liability For Employee Cell Phone Use

    Do you think an employer could be liable if one of its employees, while driving and using a cell phone, causes an accident and injures another party?
    United StatesInsurance
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Young Adults & Dependent Health Coverage

    Under the Patient Protection and Affordable Care Act (PPACA), children of employees can be covered under the parent’s group health plan until the child turns age 26.
    United StatesConsumer Protection
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Online Auctioneer Not Liable for Trademark Infringement in Spite of "General Knowledge" of Counterfeit Items

    Providers of online services have long struggled with claims being brought against them based on activities of the users of the service. The rules that have developed generally protect web site operators for claims arising in copyright and in tort such as libel.
    United StatesIntellectual Property
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    The Supreme Court Rules That The Process in Bilski is Not Patentable, But Refuses to Foreclose The Patentability of Business Methods

    The intellectual property community has been waiting over six months since the oral argument in "Bilski v. Kappos", No. 08-964, 2010 WL 2555192 (U.S. June 28, 2010) for a decision from the United States Supreme Court clarifying what is a patentable "process" under the Patent Act.
    United StatesIntellectual Property
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Employers Should Exercise Caution when Using Background Information in Making Employment Decisions

    More and more frequently, employers are turning to outside agencies to conduct background checks regarding applicants’ criminal, credit, driving, educational, and work histories.
    United StatesEmployment and HR
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Court to Township: Not a Smart Way to Establish a Cartway

    "Cartway" is an anachronistic term that invokes pastoral images of hay-laden oxcarts lumbering down country roads.
    United StatesLitigation, Mediation & Arbitration
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    "As Is" Clauses Do Not Equal Iron-Clad Protection

    Given the current state of commercial real estate, it is understandable that an owner of an under performing building may be anxious to do whatever it takes to unload the asset, but sellers must take care to ensure that even in an "as is" sale, no exposure is created as a result of negligent or intentional misrepresentations or a failure to disclose a material condition of the building.
    United StatesReal Estate and Construction
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    A Plaintiff’s Minnesota Human Rights Act Reprisal Claim Requires More Than Just a Subjective Belief That the Employer Violated the Law

    The Minnesota Supreme Court in Bahr v. Capella Univ., No. A08-1367 (Minn. Sept. 9, 2010), by a recent four-member majority opinion, rejected an employee’s retaliation claim based on the pleadings, in which she alleged that she was terminated after refusing to treat an African-American female employee more favorably than others under her supervision.
    United StatesEmployment and HR
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Collecting Delinquent Accounts

    In the current economy, an increasing number of otherwise good customers are falling behind on their bills.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    The Patient Protection and Affordable Care Act – Improving the Health Care Workforce: "Physicians, Nurses, and Dentists" – Third in Series

    Larkin Hoffman is providing a four-part series on how the Patient Protection and Affordable Care Act ("PPACA") intends to make changes in the workforces of physicians, nurses, dentists, geriatrics, long-term care, Allied Health, and mental and behavioral health.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Supreme Court Holds DNR Without Authority to Intervene in Local Zoning Decisions in Lower St. Croix River Area

    The Minnesota Supreme Court has decided two recent cases that will remove a layer of governmental review from zoning requests by property owners in the Lower St. Croix River valley.
    United StatesReal Estate and Construction
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Eighth Circuit Holds That Burden Shifting Scheme Of Mcdonnell-Douglas Applies In Age Discrimination Claims

    Two years ago, the United States Supreme Court held that plaintiffs claiming age discrimination under the Age Discrimination in Employment Act ("ADEA") must show by a preponderance of the evidence that age was the "but for" cause of the adverse employment action.
    United StatesEmployment and HR
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    New SBA Rules Are Here: Make Sure Your Franchise Brand Is SBA Eligible

    The U.S. Small Business Administration (SBA) released new Standard Operating Procedures (SOPs), which became effective June 1, 2025 and will impact franchisors, particularly those utilizing SBA-backed loan programs.
    United StatesCorporate/Commercial Law
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    The Patient Protection and Affordable Care Act – Improving the Health Care Workforce: Geriatric and Long-Term Care, Public Health, Allied Health, & Mental and Behavioral Health Workforces

    Larkin Hoffman is providing a four-part series on how the Patient Protection and Affordable Care Act ("PPACA") intends to make changes in the workforce of health care professionals.
    United StatesEmployment and HR
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Misclassifying Employees as Independent Contractors Can Be Costly

    Over the years, companies have developed alternative working arrangements with their workers. In one popular working arrangement, the company engages the services of an individual as an independent contractor rather than as an employee.
    United StatesEmployment and HR
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Patient Protection And Affordable Care Act - How it Will Be Funded

    The big question on many people’s minds is where will the money come from to fund the deficit reduction and the Patient Protection and Affordable Care Act (PPACA). The Congressional Budget Office (CBO) estimates that the PPACA will cost $940 billion over the next 10 years.
    United StatesTax
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren

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