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 27, 2018 Attorney at Law Magazine - Minnesota Edition Author: Brooke D. Anthony Plaintiffs in attorney malpractice claims typically include the individual attorney and the law firm as named defendants. It is a practice that is intuitively, substantively, and procedurally correct. The individual attorney clearly has professional obligations to the client. The firm also has professional obligations. In particular, the obligations of the members of the law firm to...
