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  • Article

    On Wisconsin! On Wisconsin! Employers Should Not Be Distracted By The Antics Of Wisconsin Public Employee Unions

    The drama that is playing out in Wisconsin, the first state to grant public employees the right to form unions and engage in collective bargaining, certainly is breathtaking and, like a train wreck, it’s hard not to pay attention to it.
    United StatesEmployment and HR
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    U.S. Supreme Court Deems Attorneys "Debt Relief Agencies," Limiting Certain Pre-Bankruptcy Advice They Can Give Clients and Requiring Additional Disclosures

    Almost five years after the enactment of the Bankruptcy Abuse and Consumer Protection Act, the Supreme Court recently ruled in Milavetz, Gallop & Milavetz, P.A., et al v. United States that attorneys are "debt relief agencies" who are limited in their ability to provide pre-bankruptcy planning advice to consumers and obligating them to provide additional disclosures in their advertisements.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Washington Becomes Third State to Enact a Law Connected to PCI DSS

    Anyone who deals with credit card data is probably familiar with the Payment Card Industry Data Security Standard. PCI DSS requires anyone who stores, processes, or handles payment cards to meet certain technical and process requirements.
    United StatesPrivacy
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    HEART Act's Impact on Employee Benefits

    The Heroes Earnings Assistance and Relief Tax (HEART) Act, enacted this summer, contains some easily-overlooked provisions that may have significant impact on your company’s employee benefit programs. In general, these provisions are voluntary and only apply if you have employees who have been called
    United StatesEmployment and HR
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Franchise Renewal Season is Upon us

    For the majority of franchisors, the first quarter of the calendar year is also the first quarter of their fiscal year, and thus the time they focus on updating their franchise disclosure documents.
    United StatesCorporate/Commercial Law
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Recent Decision Prompts Recommended Changes to Franchise Agreement

    The recent decision in "Burda v. Wendy’s International, Inc. et al.", is prompting us to recommend that all franchisors review certain language regarding suppliers in their franchise disclosure documents and franchise agreements.
    United StatesCorporate/Commercial Law
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    U.S. Supreme Court Holds Unanimously that Medical Residents

    In Mayo Foundation for Medical Education and Research v. United States, No. 09-837(Jan. 11, 2011), the U.S. Supreme Court held unanimously that medical residents were properly classified by the Internal Revenue Service as employees and not "students" for FICA tax purposes.
    United StatesEmployment and HR
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Environmental Regulatory Reform Update

    As predicted, environmental regulatory reform has been a top issue in the first month of the 2011 session.
    United StatesGovernment, Public Sector
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    New Leadership for Minnesota

    The first DFL governor elected in 28 years, Mark Dayton brings over three decades of political experience to the office.
    United StatesGovernment, Public Sector
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Eichten Shares Tips for Start-up Businesses on Internet, Copyright, and Trademark Issues

    Applying common sense will go a long way in launching a new business.
    United StatesIntellectual Property
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Mid-Term Elections Derail Labor Law Initiatives, But Agencies Press On

    In the blink of an eye, the chances of passage of the Employee Free Choice Act (EFCA) seemed to evaporate in the wake of the Republicans come back in the fall 2010 mid-term elections.
    United StatesEmployment and HR
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Contractors Beware EPA Lead Paint Renovation Rule Now in Effect

    Contractors in Minnesota and throughout the United States that perform repairs or renovations that disturb lead-based paint (such as sanding, cutting and demolishing) in homes, schools and child-care facilities constructed before 1978 are now subject to new EPA regulations mandating certain "lead-safe practices."
    United StatesReal Estate and Construction
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    New Law: The Ability to Expense Capital Costs (Section 179 Expensing) Now Includes Certain Real Property

    For any tax year beginning in 2010 or 2011, a taxpayer may elect to treat up to $250,000 of qualified real property expenses as Section 179 property (subject to a phase-out).
    United StatesReal Estate and Construction
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    The Supreme Court Rules That Chapter 13 Debtor Cannot Take An Ownership Deduction For A Paid-Off Car

    In the first opinion authored by Justice Elena Kagan, the Supreme Court ruled that a Chapter 13 debtor may not deduct the "ownership costs" of a vehicle under the means test when he owes no further payments on the vehicle, affirming a decision of the Ninth Circuit Court of Appeals.
    United StatesCorporate/Commercial Law
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Small Business Health Tax Credit

    The Patient Protection and Affordable Care Act ("PPACA") created a new tax credit that is available in 2010 for small employers (generally fewer than 25 employees) who provide health insurance to their employees
    United StatesConsumer Protection
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    If You Don't Know Where You Are Going, You'll End Up Someplace Else (Yogi Berra)

    It’s hard to believe, but for those franchisors with a calendar year fiscal year end, the time has come once again to begin the process of updating the franchise disclosure document and preparing for state registrations.
    United StatesCorporate/Commercial Law
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Disclosure Issues Arising Out of the Amended FTC Rule

    Several attorneys specializing in franchise litigation collaborated at the ABA Forum to present a workshop entitled "Litigating Disclosure Claims," which highlighted the most frequently litigated disclosure-related issues brought by franchisees.
    United StatesCorporate/Commercial Law
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Nonresident Parent Companies May be Liable for Claims Against Their Minnesota Subsidiaries Under New Court of Appeals Ruling

    The Minnesota Court of Appeals recently ruled that a nonresident parent company may be subject to suit in Minnesota for damages claims against its insolvent Minnesota subsidiary company.
    United StatesCorporate/Commercial Law
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Property Owners’ Condemnation Bill of Rights

    As a Minnesota property owner, you have certain constitutional and statutory rights when a local, county, or state government proposes to take your private property for a public purpose.
    United StatesReal Estate and Construction
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Franchisees Found to be Employees as Opposed to Independent Contractors in Massachusetts

    In a closely-watched case in Massachusetts, the District Court in that state recently issued a preliminary ruling that franchisees were considered employees of the franchisor, as opposed to independent contractors.
    United StatesCorporate/Commercial Law
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren

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