Posts Tagged ‘Business Litigation Attorneys Minnesota’


Litigation Attorneys Minnesota

Thursday, May 13th, 2010

Litigation Attorneys in Minnesota

Parker & Wenner,  Litigation Attorneys MN has a proven track record of successfully handling a wide variety of complex business litigation matters for both plaintiffs and defendants. Our business litigation attorneys in MN create opportunities and solve problems for our clients by aggressive negotiation, mediation, and the effective use of litigation. Our business litigation attorneys bring years of experience and proven success in representing clients having diverse business interests. Litigation Attorney MNWe both initiate and defend a broad range of business litigation actions, always with the same guiding principle: to achieve optimal results for our clients quickly and cost effectively.  In addition to our substantial experience in the courtroom, our attorneys frequently help clients resolve their disputes in mediations and other forms of alternative dispute resolution.
When litigation is the only way to resolve a conflict, our litigators know how to win. More than one-third of the firm’s attorneys litigate matters involving:

  • Contracts
  • Business Transactions
  • International Trade
  • Shareholder/Partnership Disputes
  • Real estate
  • Securities
  • Technology and intellectual property

In each of these areas, we have the resources and experience needed to help you develop and pursue sound legal strategies.
When building a defense, we keep clients in the decision-making loop to help ensure that litigation decisions and business decisions are compatible. We do this through a combination of budgeting, reporting, and risk analysis that builds trust, instills confidence, and underscores our commitment to your business goals.
We have the experience and resources to handle the largest, most complex cases but can keep the small cases small as well. We maintain an in-house state-of-the-art litigation support department that allows us to cost-effectively manage the vast quantities of documents and data required in civil discovery and complex trials.
While litigating cases and preparing for trial, we explore settlement options with clients because we understand that our clients’ time and resources are best spent growing their businesses. We therefore look for opportunities to mediate or use other forms of alternative dispute resolution where a matter can be resolved quickly and effectively, allowing our clients to focus their energies on their business and not on lawsuits.

Contact us for a no-obligation and confidential discussion about Litigaiton. (612-355-2200)


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Observations About Our Judiciary

Tuesday, May 11th, 2010

OBSERVATIONS ABOUT OUR JUDICIARY

The litigation attorneys Minneapolis Minnesota at Parker & Wenner are in constant contact with our Minnesota Judges both at the State and Federal level.  The following general observations are intended to help the lay person understand the individual judge who is or will be making crucial legal and factual determinations on their particular matter.
Litigation Attorneys MN
In general, judges have no special expertise in the law.  While there are some specialized courts (e.g. bankruptcy court, family court, probate court, and juvenile court), the majority of judges work in courts that have the power to resolve any type of dispute people might have.  Consequently, most judges are asked to resolve a wide variety of legal issues every day.  Even the most experienced and knowledgeable judges find themselves confronted with issues they have not addressed before.

Unlike most judges, most attorneys specialize in a few areas of the law.  Consequently, attorneys have the ability to become acquainted with the fine details in a given area of the law.  Thus, attorneys are often in the position to instruct the judge about important legal aspects of a dispute.  In addition, as officers of the court, attorneys have an ethical duty not to mislead the court about the law.  Because of all this, judges are able to trust that attorneys will provide them with valuable insights into the law.

In addition to their limited expertise in the law, judges are extremely limited in their knowledge of the facts surrounding a particular dispute.  Unless a case proceeds to trial (and less than 20% of cases actually do proceed to trial), a judge is rarely given a full picture of the dispute.  Furthermore, the average judge in Hennepin County, Minnesota for example, has over 120 active cases at any given time. As a result, the time that a judge can devote to a particular case is quite limited.

In contrast, attorneys acquire intimate knowledge of their client’s dispute.  They can devote the necessary time to understand their clients’ perspective.  Using their knowledge of the law, they can then highlight for the judge those facts that are important from a legal standpoint.  At the same time, they can filter out facts that are not legally relevant.

When appearing in court, there is no requirement that an individual be represented by an attorney.  However, more often than not, having an attorney is a good idea.  Not only can they protect your rights, they can help the judges understand your side of the story.  The judges I have met in the court system take their work seriously.  They strive to make correct decisions, because they know that making a bad decision can have devastating consequences for the people involved.  In exercising their duties, they strive to be fair to all parties.  In striving to be fair, judges are often reluctant to make a decision unless asked to do so by a party.  Instead, they rely on parties to present their respective positions in the best possible light and request the relief that the parties deem most appropriate.  An attorney can help them do that.

For questions pertaining to any litigation related issues please call Boris Parker at (612) 355-2201 for a free telephone consultation.


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Employee Duties To Their Employers

Tuesday, May 11th, 2010

EMPLOYEE DUTIES TO THEIR EMPLOYER

Employers of all shapes and sizes are requiring their Employees, whether at will or term, to execute employment agreements that clearly define the obligations and duties the Employee owes to the Employer both during and after the employment relationship.  Some of the general duties encompassed in employee agreements include:
Employee Duties MN
1.To do what a reasonable employee would do in any situation.
2.Duty to be honest.
3.Duty to be loyal.
4.Not to disrupt business, for example, taking part in industrial action.
5.Disclose wrongdoing (does not include ‘spent’ convictions).
6.Carry out and follow orders of the employer, (as long as they are legal).
7.Not to disclose the employer’s confidential information.
8.Work with reasonable care and skill.
9.Look after the employer’s property if using it.
10.Not to compete in business against the employer while still working for them as an employee.
11.Not to take bribes.
12.Be prepared to change when the job changes.  For example, if computers or other machinery are introduced to help the employees do their job.
13.Give any inventions to employer if developed by the employee during their employment.

These duties may be encompassed in contract of employment, but even if no contract exists the law of agency dictates that these certain obligations and duties are owed by an employee to the employer, even if the contract does not mention them.

The duties during employment translate into obligations of an employee post termination of the employment relationship.  Most common obligations that survive post termination center around confidentiality, intellectual property protection, non-solicitation and non-competition.  The breadth or complexity of the employment agreement depends on each particular case.  For instance, an employment agreement for an executive will likely be more complex and the duties to the employer greater vis-à-vis a lower level employee, but there are more similarities than one might think.

In the case of contract or term employees, the employee is expected to perform faithfully the services for which he or she contracted for the entire term or period of service.  Courts presently hold if an employee leaves before the expiration time, he or she cannot claim pay for the work done.  Some courts hold, however, that even in this case the employee is entitled to pay for work done “quantum meruit” less what the employer lost by necessity of paying higher wages to the employee’s successor, or the amount lost by the employee’s failing to perform his contract.

The key provisions to include in employment agreements are as follows:

1.Term of employment;
2.Duties;
3.Compensation and benefits;
4.Effects of early termination and termination in general;
5.Compliance with hours;
6.Ownership and protection of information and intellectual property;
7.Post-employment non-competition, non-solicitation obligations;
8.Default and remedy section; and
9.Miscellaneous provisions such as jurisdiction and venue.

The importance of employment agreements, whether they set out the parameters of an “at will” hourly arrangement or a salaried “term” relationship, cannot be understated.  In this day and age when investment in employees and protection of intellectual property costs employers a great deal of revenue and time, a properly drafted employment agreement which adds an extra layer of insulation or the force of a hammer to an employer, at a time of need, can be vital.

For further questions or employee litigation matters, please call Boris Parker at (612) 355-2201 for a free telephone consultation.


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Debt Elimination Attorneys in Minnesota

Friday, January 15th, 2010

Debt Elimination Attorneys MN

Elimination of Debt in Minneapolis, Minnesota

We recently ran an article regarding eliminating your debts and similar obligations without filing for bankruptcy.  Many readers called us with a variety of questions, some of which I want address in this follow up post. We are your Minnesota Debt Elimination Attorneys.

First of all, one of the most utilized services these days by our clients is attorney assistance with negotiation and elimination of credit card obligations.  The main question we get from clients is, “We don’t want to file for bankruptcy, but our debts far exceed our assets, the value or equity in our home is gone and we have thousands of dollars charged on our credit cards, what can you do to help us?”Debt Elimination Attorneys Minnesota

My answer is that, over the past ten years we have been able to negotiate client’s debts with credit card companies down by approximately 80% of the total outstanding balance existing at the time you retain our firm.  For example, if you have a $10,000.00 credit card debt owing to Chase Bank, we have been fully and finally settling this type of obligation for approximately $2,000.00.  That is a saving of roughly $8,000.00 to you.

Eliminating Debt in Minnesota | Minnesota Debt Elimination Attorneys
The next question we get asked is “How does your negotiation actually work?” The concepts are employ is no different from our handling of complex business matter.  We take a hard negotiation position that has factual and legal basis and try to achieve the best result for you.  If we take the $10,000.00 Chase Bank example, once our client has stopped paying on the card due to his/her financial inability to continue to make payments (which are in many cases interest only, so the debt never gets reduced), Parker & Wenner, P.A., sends out a settlement offer (after meeting with our client and setting up a plan of action) to Chase offering 20% ($2,000.00) of the outstanding debt as a full and final settlement of that account.  In the letter we set forth the reasons that our client is unable to pay more, such as unemployment, health issues or overexposure to the real estate or other markets.

After receiving our settlement offer the credit card company or a collection agency engaged on its behalf, contacts our office regarding settlement of the account.  Typically, the settlement proposals from the credit card company start at a discount of 50-60%.  However, we have been successful in getting the discount up to 80-85% of the outstanding balance.  Once an agreement has been reached on the settlement amount ($2,000.00 in our example) the credit card company or its representative sends our firm a letter acknowledging same and requesting payment.  We confirm the settlement amount with our client and then send a final settlement letter to the credit card company accepting the settlement and providing payment instructions via automatic withdrawal from the client’s bank account.
We receive a confirmation letter when the payment is received indicating the matter is closed.

Finally, another important issue that gets raised is the potential tax liability for the settled or reduced debt amount.  The credit card company often sends a form 1099 to the IRS indicating the amount of the discharged debt.  The IRS will treat this amount as income unless the client can demonstrate that he or she was “insolvent” at time of settlement and is therefore exempt from tax under Section 108 of the IRS Code.  The IRS, pursuant to Section 108 does not tax the discharged indebtedness of individuals it considers to be insolvent; in other words when the individuals’ liabilities exceeded the fair market value of their assets immediately prior to the settlement date.  There are also other exclusions from income that may apply to an individual case, such as the Mortgage Forgiveness Debt Relief Act.  Consequently, with the help of a good CPA or tax preparer, clients who qualify as “insolvent” avoid any income liability to the IRS as a result of the settlement.

If you have any questions regarding debt consolation or negotiation, whether that debt was accumulated in the form of credit cards or other loans call us at 612-335-2200 for a free consultation.  Each situation is different and requires independent analysis and advice.


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Small Company Financing Attorneys MN

Thursday, January 14th, 2010

Minnesota Small Company Financing Attorneys

Financing Tools: Small-Company Offerings

One of the most common problems among start-up or small companies is access to financing. Normal bank financing is usually inaccessible to young companies possessing little or no history or requires personal guarantees from the principals of the company. If your company is facing this problem one solution may be to obtain capital or debt financing from private investors. Through such offerings your company can raise thousands to millions of dollars, providing short-term (usually 1-3 years) relief while your company gets on its feet and establishes the operating history required in order to obtain more traditional financing such as bank lines of credit.

Small Company Financing Attorneys MN

Before undertaking such private financing, however, you will need to ensure that you follow state and federal securities laws regulating the offer and sale of securities. Although securities laws may be intimidating, both Minnesota and US law seek to encourage business growth by providing exemptions to the more-strenuous reporting requirements, making small securities offerings relatively straightforward. Small offerings are regulated by the Securities Act of 1933 and certain federal regulations promulgated under the Act, particularly Regulation A and Regulation D. In Minnesota the offer and sale of securities is governed by Minnesota Statutes Section 80A and Minnesota Rules part 2875.

Depending on a number of factors your offering may or may not require the filing of your offering documents with the federal (Securities and Exchange Commission) and state (in Minnesota, the Department of Commerce) authorities. These factors include the amount of money to be raised, the number of investors anticipated, whether the investors are from Minnesota alone or from different states, and how sophisticated and/or wealthy the investors are.

In offering equity or debt financing it is important to draft certain documents that set forth the terms of the offering and disclose information about the company and the offering. The documents normally created in conjunction with small company offerings are a private placement memorandum, encompassing both detailed information about the company as well as the details and risk factors associated with the investment, a subscription agreement, the contract containing the terms and conditions of the sale, and, in the case of debt securities, a promissory note, the document embodying the loan.

Achieving success in a small business requires the diligent application of all available resources. The offering of securities may prove a useful resource for your company’s financing needs.

For small company financing in Minnesota guidance call us today at (612-355-2200)


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Trademark Protection for Minnesota Business

Monday, December 7th, 2009

Trademarks and Trademark Protection for Minnesota Businesses

If you own a business, it is likely you have one or more trademarks. The United States Patent and Trademark Office defines a trademark as being “a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others.” There is a parallel mark for services, called a service mark, but here I am calling both trademarks and service marks “trademarks.” In short, a trademark is any name or logo you use to sell your goods or services.  Given this definition, your business name, the name of products, and the names of processes and procedures might all be trademarks.Trademark Attorney MN

These trademarks are a valuable asset to your business, and they need to be protected. While there are common law protections for trademarks, the best way to protect your mark is to register it.  Registration occurs in two ways. If you are selling your products or services within a single state, then you should register the mark with the Secretary of State for that state. However, interstate commerce is becoming the standard, and if you are selling your products or services to people in more than one state using the mark you want registered, you should register the mark with the United States Patent and Trademark Office (PTO). Trademark Attorney MN

If you register your trademark with the PTO, it will examine your mark to ensure that there is no “likelihood of confusion” with another trademark. This analysis looks at marks the same or similar to yours in the same channels of commerce. For example, if someone sells eyeglasses under a registered trademark, the PTO is unlikely to permit you to register a similar mark for sunglasses. If they find such likelihood of confusion, they will ask you to provide evidence showing why your mark is unlikely to be confused with another mark. This is often an arduous process, and we therefore recommend you have a trademark search done on your mark to ensure that no other person or company is using your mark or a similar mark. (In fact, we recommend that a trademark search be done on your marks to ensure you are not infringing on any other person’s trademark.)

If your registration is successful, then between the fifth and sixth year of registration you will have to file an affidavit with the PTO stating that you continue to use the mark.  Between the ninth and tenth year of registration, you will have to file another affidavit stating that you continue to use the mark as well as a renewal application with the PTO. After this, a renewal application and affidavit of use will need to be filed every ten years if you want to keep the mark registered.

Trademarks are a valuable asset to your business. As such, protecting them is important, and the best way to protect your trademarks is to register your marks. Please contact us for further information on trademark registration.

Trust Parker & Wenner with your trademark asset questions, guidance and leadership. Call today for a free consultation with a Trademark Protection Attrorney in MN. (612-355-2200)


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International Business Attorneys Minnesota

Thursday, December 3rd, 2009

International Business Attorneys in Minnesota.
Parker & Wenner attorneys have broad experience in advising and representing U.S. and non-U.S. companies on a very broad range of international trade issues.   Our attorneys have the knowledge and depth of legal experience to understand the complex international trade legal issues faced by exporters and importers. International Business Attorneys MN

Our practice covers all areas of international trade.  Parker & Wenner attorneys and staff, many of whom are also fluent in a  variety of languages, including Spanish, Russian and Polish, combine corporate, tax, litigation, intellectual property, employment, real estate, immigration and investment expertise to help our clients succeed in the following areas:

  • Setting up representative offices, joint ventures, partnerships and/or wholly owned foreign enterprises
  • Cross Boarder Mergers and acquisitions
  • Import/export transactions
  • Agency and distribution agreements
  • Intellectual property rights protection
  • Technology transfer, which includes licensing, all forms of intellectual property, as well as the filing and     registration of patent and trademark applications throughout the world.
  • Labor issues
  • Immigration – Bringing foreign personnel to the United States for employment. We work regularly with various     governmental agencies that handle visas, immigration and naturalization.
  • Banking/finance issues
  • Real estate issues
  • Tax
  • Litigation
  • Creditor’s rights
  • Translation services

Parker & Wenner attorneys have substantial experience advising our domestic and foreign clients.  Please contact Boris Parker at (612-355-2200) with any questions.


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Practice Areas

Thursday, December 3rd, 2009

The attorneys at Parker & Wenner, P.A., through a cost effective, personal approach, have provided reliable service to businesses and individuals alike, for over 30 years.

Our Practice Areas Include:

We provide complimentary case and situation reviews, and are happy to answer any law related questions you may have. We can be reached at (612-355-2200).


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