Blog

May 16, 2018

Do I Really Need to Form a Corporation?

The nature of business is changing rapidly in the United States. While owning one’s own business or being one’s own boss may still be a big part of the American dream, businesses take many forms. A recent article by Rachel Paige King describes how career advice books released over the […]
May 14, 2018

Repeat DUI Offenses and Their Penalties

Is DUI a felony in North Dakota? Can you go to jail for drunk driving? What happens if you get more than three DUIs? Do the penalties change according to whether a passenger is in the car with you when you get stopped for DUI? If you get pulled over […]
May 11, 2018

Should I Let a Buyer in Our Home Before Closing?

Couples who are about to get married encounter no shortage of advice. Always side with your spouse in disagreements between your spouse and your parents. Never go to bed angry, and its opposite, wait until you have calmed down to discuss contentious issues. Maintain your own separate hobbies and identities, […]
May 9, 2018

Why Do I Need a Small Business Attorney?

There is a whole industry of offering services to small businesses. If you do an online search for almost any question related to your business, you will find advertisements for products and services marketed to small business owners. From accounting software to productivity apps to executive life coaching, it is […]
May 3, 2018

Premises Liability for Personal Injuries

Young children see the world as a place to play, but their parents always have their eyes open for danger.  A child sees a fun park to play in, while a parent worries about fire ants lurking in ant hills and broken bones that could be suffered if the kids […]
May 1, 2018

Is Photographing the Scene of a Car Crash Wise?

Most of the time, people like to take pictures of happy occasions such as holidays, weddings, vacations, and buying a new car. Of course, in the age of smartphones, almost everything is an occasion for a picture, from an omelet that turned out just right to a baby’s 379th smile. […]
April 25, 2018

Beware of Distracted Driving in North Dakota

April is Distracted Driving Month, dedicated to raising awareness about the dangers of distracted driving and the laws in place to prevent people from making themselves vulnerable to distractions while driving. You are more likely to cause a car accident if you are unable to concentrate on driving, and the […]
April 23, 2018

Nursing Home Abuse and Injuries

Nursing homes have a duty to care for people who are too ill to live independently and who require more care than their family members can provide for them at home. No one expects patients in nursing homes to make a miraculous recovery, but the nurses and other staff members […]
April 19, 2018

The Definition and Benefits of an LLC

The first decision you have to make when you establish a business, whether in North Dakota or in any other state, is to choose a business structure. When you read the definitions of the business structures, it seems simple, but each business structure has its own fairly complex set of […]
April 17, 2018

ND Supreme Court Clarifies Contractor License Requirements

The North Dakota Supreme Court recently issued an opinion that clarifies the rules for contractors about when they need to obtain a contractor’s license and the risks they face if they are not properly licensed. Importantly, the decision makes clear that a contractor is not entitled to recover for services […]
April 11, 2018

Dog Bites in ND or MN: What is the Difference?

April 9, 2018

Why You Need an Attorney When Setting Up a New Business

It is possible, at least in theory, to learn to do almost anything just by finding the instructions online or watching a tutorial on YouTube. Type “how to” into a Google search, and you will find instructions on everything from how to tie a tie to how to learn a […]
April 5, 2018

Picking a Guardian for Your Child

For those parents with minor children, one of the most important decisions that they must make is deciding who should be appointed guardian to take care of their children in the event that the child becomes an orphan. This process is referred to as the conservator or guardianship process. Deciding […]
April 3, 2018

Is Sexting Illegal?

Sexting has become very popular amongst teenagers in recent years since so many now have smartphones. Some teenagers think that sending sexually explicit photos of themselves to others is harmless, while others seem to be pressured into doing so by their peer group. Sexting, however, can result in some very […]
March 28, 2018

Repairmen’s Liens – A Complex But Powerful Remedy

For blacksmiths, machinists, farm equipment dealers, construction equipment dealers, welders, garage keepers, mechanics, or aviation operators with an established place of business in North Dakota who have not received sufficient payment after providing services, there are few options that are as effective as a repairman’s lien, which allows a party […]
March 26, 2018

What if an Employee Takes Trade Secrets to a New Job?

Trade secrets are the ins and outs of a company’s operations that those companies have the right to keep as their private intellectual property. In many cases, employers have spent a large amount of money in hiring, training, and retaining employees. When employees transfer to another employer, there is a […]
March 22, 2018

Getting Through Divorce While Staying Out of Court

Most people who are contemplating divorce often have the misguided perception that their decision will mean that they have to endure a long, drawn-out legal battle filled with stressful court appearances and the uncertainty of leaving their lives in the hands of a Judge.  However, did you know that approximately […]
March 20, 2018

Should I Have an Attorney Look at My Real Estate Contract Before I Sign it?

Nearly all real estate transactions involve the signing of a real estate contract. While there are some common mistakes made in association with real estate contracts, one of the most common errors people make is to not obtain the assistance of a knowledgeable attorney before signing the contract.
March 14, 2018

Collaborative Law, Part Two: The Role of the Collaborative Attorney

We’ve previously discussed the effectiveness of Collaborative Law as an alternate means of navigating your divorce action and some of the keys features that may be appealing to you including the involvement of a team approach. One of the key members of the Collaborative team is the Collaborative Attorney.  Having […]
March 12, 2018

Collaborative Law, Part One: What is Collaborative Law and Is It Right for You?

Litigation in divorce is stressful, there’s no doubt about it.  Litigation is time consuming and often involves both parties to the divorce engaging in the “blame game” by pointing out the faults of their spouse all while trying to downplay any negative information about themselves.  Perhaps the most stressful part […]
March 8, 2018

North Dakota & Minnesota Estate Planning: The Tools You Need to Plan for the Future

At O’Keeffe O’Brien Lyson Foss of Fargo, our attorneys can help create an estate planning strategy designed specifically for your situation by using the best available tools, including:
March 6, 2018

Adoption by Stepparents in North Dakota and Minnesota

There are many children in North Dakota and Minnesota who may be residing in single parent households, due to unexpected accidents, an absent parent or the loss of a parent. In some cases, a child’s surviving parent enters into a new marriage with another individual and this new stepparent desires […]
February 28, 2018

What You Should Know About Like-Kind Exchanges and Section 1031

If a person sells off a piece of investment property and realizes a financial gain, the property seller often pays tax on the gain at the time of the sale. For people who then use the amount of the sale to purchase another investment property, they will be required to […]
February 26, 2018

Vehicle Crashes into the St. Louis River

At the end of October, law enforcement in Minnesota identified a motor vehicle operator who died when his semi truck slid into the St. Louis River as a result of recent snowfall and a slippery road. The vehicle slid off the northbound lane of Interstate 35. The vehicle landed on […]
February 22, 2018

The Role of Caveat Emptor in North Dakota Property Transactions

An important part of property law is “caveat emptor,” which states that in many cases a buyer is unable to recover damages from a seller for defects. As a result, a buyer is responsible if he or she purchases a piece of property with defects. Courts in North Dakota tend […]