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On January 23, the Minnesota Supreme Court issued a decision that impacts the assumption of risk for skiers and snowboarders within recreational areas. Since the early 19th century, Minnesota has recognized a doctrine about who is responsible for protecting against harm associated with activities that have well-known risks. The “doctrine of implied primary assumption” of risk states that when a person enters into an activity that has well-known risks that are either expressed or implied, the individual assumes the risks associated with the activity. However, the Minnesota Supreme Court decision in Soderberg v. Anderson held that collisions with other skiers or snowboarders is not a risk of the sport that participants impliedly assume. More >
More than a year since it began, companies both large and small continue to feel the impact of the #MeToo movement. Beyond auditing policies and sexual harassment training, the conversation has expanded to include pay equity. More >
In reaction to the recent proliferation of non-compete agreements, courts and legislatures are increasingly trying to find ways to limit their use. The latest attempt is at the federal congressional level. This week, Florida Senator Marco Rubio introduced the “Freedom to Compete Act” aimed at prohibiting non-compete agreements for lower wage workers. The Act would amend the Fair Labor Standards Act to ban non-competes for most non-exempt workers. More >
A little over a year ago, three major employers—T-Mobile, Amazon, and Cox Communications—were sued for allegedly discriminating on the basis of age in the way they recruited new employees via Facebook. The plaintiffs’ lawyers targeted not only these three employers but also asserted claims against a “defendant class” of every employer that used age restrictions in their recruiting advertisements on Facebook. They also sent demand letters to scores of employers and filed charges of discrimination against yet more. Though the lawsuit and charge investigations are ongoing, the plaintiffs’ lawyers are now sending a new wave of demands to more employers and filing more charges of discrimination with the EEOC and state enforcement agencies. Employers who have not yet been targeted should take steps now to prepare. More >
Your employee quits without notice or explanation. You discover that she moved to a competitor in violation of her non-compete agreement, and what’s worse, days before her resignation, she downloaded your trade secrets onto a thumb drive. You file suit and request an immediate injunction from the court. The last thing you expect is a counter-suit and motion to dismiss claiming you have interfered with the employee’s free speech rights. But that aggressive defense to restrictive covenant and trade secret litigation is becoming far more prevalent. Employers should be prepared for this defense when considering how to enforce their rights against former employees. More >
Nilan Johnson Lewis is pleased to announce Heidi Christianson as the law firm’s next president, effective January 1, 2019. Christianson succeeds Stephen Warch, who will remain as a Board member, shareholder and co-chair of the firm’s health care group. At Nilan Johnson Lewis, Christianson previously served as the chair of the corporate and transactional services practice group and has an extensive background in health care law and nonprofit governance. More >
Watch this three-minute video to learn more about the importance of data security in any business and what companies can do to mitigate cybersecurity threats. More >
MINNEAPOLIS, Minn. (December 10, 2018) – Nilan Johnson Lewis and the American Civil Liberties Union of Minnesota (ACLU-MN) are proud to announce the award of “Minnesota Lawyer Attorneys of the Year 2018” to attorneys Jen Cornell and Allyson Petersen from Nilan Johnson Lewis and Ian Bratlie and Teresa Nelson from ACLU-MN. The award is for […] More >
On December 5, 2018, Michigan lawmakers presented a bill to the governor's desk to roll back paid sick leave requirements that were set to go into effect next year. Although opponents challenge the move as unconstitutional, Gov. Rick Snyder is expected to sign the scaled-back bill into law. If he does, the new law will take effect 90 days after lawmakers adjourn the 2018 session, sometime in March 2019. More >
After one year in office, the general counsel at the National Labor Relations Board (NLRB) is creating a buzz in the legal community. General Counsel Peter Robb has expressed strong recommendations to give employees access to collect more damages after an arbitration or settlement – a departure from the otherwise employer-friendly and red-tape cutting expectations of the Trump administration. More >
