Minnesota Lawyer and Finance & Commerce – Partner Content Author: Cody Nickel On July 1, 2023, Minnesota became the fourth state to ban non-compete agreements. This past session, in S.F. 3852, the legislature sought to close a loophole it had identified in the 2023 ban: non-solicitation provisions between service providers and their customers, referred to by some as “shadow” non-compete agreements. Effective July 1, 2024, this legislation banned the inclusion of restrictive employment covenants in contracts between service providers and their customers. Minn Stat. § 181.9881, Subd. 1, 2(a). The provision is retroactive. Any existing provision in violation of this statute is void and unenforceable. Minn. Stat. § 181.9881, Subd. 2(b). Furthermore, service providers with any such existing provisions have an affirmative obligation to inform their...
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Minnesota Lawyer and Finance & Commerce – Partner Content Author: Norman Pentelovitch Stop me if this sounds familiar. You craft careful discovery requests, asking for the information you believe is relevant to proving your claims or defenses. You send them off, and 30 days later, you get back pages upon pages of objections, with nothing indicating what about your requests was objectionable. More critically, the responses do not provide any information that...
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