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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November 30, 2020 Minnesota Lawyer and Finance & Commerce - Partner Content Author: Peter J. McElligott By nature, complex litigation can be messy with no easy solution. When clients face complicated legal problems, they look to creative litigators for help solving them. Advocating on behalf of plaintiffs or defendants, litigators have an arsenal of tools to address those problems. One often overlooked and underutilized tool is the Minnesota Uniform Declaratory...
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