Blog

January 21, 2019
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Surgical Errors Entitle Victims to Compensation

If you must undergo surgery, and you trust your hospital, doctor, and surgeon to provide you with the high-quality medical services that you need. If instead of moving forward toward improved health after surgery, you come away with injuries caused by a surgical error, it can be devastating. Medical facilities […]
January 17, 2019

What You Need to Know About Restraining Orders

If you or someone you know is in a relationship or situation where they feel they would benefit from a restraining order, it is important to understand what they are and how they work. This can be a stressful and nerve-wracking experience for many, but in the end, a restraining […]
January 15, 2019

Is There a Grace Period for Real Estate Purchase Contracts?

Nearly every adult and child of age to make a purchase in North Dakota or Minnesota has experienced “buyer’s remorse,” that feeling one gets when one makes a purchase that is not as great of a bargain as the buyer initially thought. Perhaps it was a “splurge” purchase that, upon […]
January 11, 2019

Your Child Has Been Charged with a Felony. What Should You Do?

Your child has been charged with a felony. We know this is a scary, uncertain time. There are many emotions flying around, and it may be unclear what you should do. Even as a juvenile, this event will affect the rest of their life. If your child was recently charged […]
January 9, 2019

5 Reasons Why a Prenuptial Agreement Is a Good Idea

When entering into a marriage, the plans are always for it to last forever. Unfortunately, that may not always be the outcome. Today, around half of all marriages tragically end in divorce. While this conclusion may never be your intention, with such high odds, protecting yourself and your assets before […]
January 5, 2019

Ignoring a Cease and Desist Letter: Things That Could Happen

A cease-and-desist letter, also known as a demand letter, is a written communication that demands that the recipient cease and desist from actions that interfere with the sender’s legal rights or ownership. Cease-and-desist letters are not typically legally binding, but often threaten litigation if the alleged violation does not stop […]
January 3, 2019

Do Grandparents Have Visitation Rights?

As a grandparent, watching your grandchildren grow and flourish is one of the most joyful parts of life. When your child and their significant other terminate their relationship, however, child custody can become a major issue, with visitation rights between the parents a focal point. Often times though, a grandparent’s […]
December 28, 2018

The Consequences for Drug Charges in North Dakota

Hardly a day passes without the evening news or the local paper mentioning drugs and drug charges. While the frequency of these charges has increased recently, the consequences have remained rigid. North Dakota State Law According to North Dakota state law, it is a class C felony to possess most […]
December 26, 2018

Different Levels of Misdemeanors in North Dakota: What do They Mean?

Generally speaking, a misdemeanor is a crime that has a maximum penalty of up to one year in jail or prison. In the United States, each state is able to classify different levels of misdemeanor crimes.
December 21, 2018

4 Alternatives to Driving Drunk: The Smart Way to Avoid a DUI in Fargo

Drinking alcohol and driving is not a good mix, and a DUI is not something you want on your record. With the holiday season in full force, there’s bound to be people drinking at holiday parties, on New Year’s Eve, and more. We want you to stay safe (and smart) […]
December 18, 2018

Ownership Issues for a Startup Business

Various issues can always arise when starting a business, especially when ownership and responsibilities are not clearly laid out from the start.  When starting a business, it is crucial to discuss ownership, compensation, and responsibilities.  This can be challenging when a business is first forming and those roles are evolving […]
December 12, 2018

An Introduction to Asset Protection

An asset is defined as, “property owned by a person or company, regarded as having value and available to meet debts, commitments, or legacies.”  As a result of legal liability, assets can be levied upon by creditors.  Protecting assets is not about hiding assets, it is about utilizing options to […]
December 10, 2018

Real Estate “Dual Agency” – What does it mean?

In real estate transactions, dual agency means one real estate agency or firm represents more than one party.  For example, a real estate agent becomes a dual agent when he or she represents both buyer and seller.  Dual agency also arises when the same real estate agency or brokerage firm […]
December 7, 2018

Establishing the Value of Your Case

Before pursuing litigation, it is important to consider the value of your case.  An accurate assessment of your case’s value, meaning how much you stand to gain if you are successful, is crucial to making important decisions at each step of the litigation process. How to calculate the value of […]
December 4, 2018

Work Email: Who Owns it?

Generally, employers own work email accounts.  Employers typically own the computer used to access the email, servers, and other data.  Accordingly, emails sent and received on work email accounts are the property of the employer and can generally be monitored by the employer.  Employees should not expect email messages to […]
November 29, 2018

Foss Presents at Cass County Bar Association Meeting

Sean Foss, a partner at O’Keeffe O’Brien Lyson Foss attorneys in Fargo, ND, recently was a featured presenter at the November meeting of the Cass County Bar Association. Foss presented on the subject: “Voting Rights in North Dakota – Historic laws, Recent Changes and Litigation.” His presentation satisfied CLE credit […]
November 26, 2018

So You’ve Been Arrested on Solicitation Charges – What Now?

What is solicitation? If you try to seek the services of a prostitute, you may be arrested for solicitation.  Criminal solicitation may also apply to other crimes, but it is commonly referred to in relation to soliciting a prostitute.  Solicitation generally refers to hiring, offering, or agreeing to hire an […]
November 23, 2018

Economic Damages for Personal Injuries

Money cannot buy happiness, but it can make a big difference in how much medical treatment you can afford. After an accident, if you receive prompt care by a plastic surgeon, followed by months of physical therapy, you may be able to avoid a permanent disability. In some cases, getting […]
November 20, 2018

Things to Consider in a Contract for Deed

A contract for deed is generally a simpler and faster process than utilizing a mortgage lender when purchasing a property.  A contract for deed is an agreement for a buyer to make payments on a property for a specified amount of time in exchange for title to the property.  There […]
November 14, 2018

Tips on What to Do When Arrested on an Open Warrant

What is an open warrant? An open warrant means a judge has authorized law enforcement to arrest an individual at any time.  Essentially, if you have an open warrant for your arrest, your next interaction with law enforcement may end in your arrest and detainer.  For example, you never showed […]
November 12, 2018

Medical Records and Personal Injury

Reliance on evidence is what separates a fair justice system from one based on arbitrariness and tyranny. In civil lawsuits, the judge must decide whether the available evidence supports or refutes the plaintiff’s claim. In personal injury lawsuits, medical records are an essential piece of evidence. Why are Medical Records […]
November 8, 2018

What is a Lease-to-Own Contract?

A lease-to-own agreement, also referred to as a rent-to-own or lease option, provides flexibility in housing agreements.  In a lease-to-own agreement, the tenant/buyer has a standard landlord-tenant in place with an extra option providing for the tenant’s right to purchase the property.  However, the terms of a lease-to-own agreement can […]
November 6, 2018

No-Fault Laws and Personal Injury Claims

More than half of Americans cannot afford an unexpected $400 expense without resorting to borrowing money from friends or family. While appliance repairs and emergency travel are common causes of unexpected expenses, medical bills are among the most unavoidable. Beyond a certain point, you cannot put off medical care when […]
October 31, 2018

Police Body Cams in the Future

Many law enforcement agencies are now utilizing body cameras for their officers.  Although now commonly used, body cameras are still a somewhat controversial topic.  Body cameras can serve as effective tools for both law enforcement and individuals by providing an accurate recording of interactions between the public and the police.  […]
October 29, 2018

Foreclosure Rules in North Dakota

In North Dakota, foreclosures are governed by state law.  The process of foreclosing on a property requires several notices before foreclosure can take place.  The lender must give the borrower at least 30 days notice of the intent to foreclose.
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