Blog

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 the […]
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 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 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 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 25, 2018

Guidelines for Protecting Proprietary Information

Intellectual property is a crucial part of many businesses.  Protecting this proprietary information is essential.  Proprietary information includes trade secrets, client lists, development plans, marketing plans, and other confidential information.  Although non-competition agreements are almost always void in North Dakota, that is not the only way to protect your business’ […]
October 19, 2018

Beware of Offering Stock to Friends and Family

One of the most important parts of business is raising capital.  When raising capital, regulation by the Securities and Exchange Commission (SEC) or your state securities department may become involved.  Some might assume that business contributions by friends and family are not subject to securities laws. Offering friends and family […]
October 6, 2018

Contract Tips for Avoiding Litigation

Generally, it is in everyone’s best interest to avoid litigation.  Litigation is expensive and time consuming for all parties.  One way to avoid litigation is to draft a contract with the possibility of future litigation in mind.  Even if you think your contract will never be the basis of a […]
September 27, 2018

When is a Warrant Required to Search Your Home?

“When it comes to the Fourth Amendment, the home is first among equals.”  Your right to privacy without unreasonable government intrusion is at its strongest in your home.  Police officers almost always need a warrant to search a home.  There are few exceptions to this requirement, like consent or emergency, […]
September 25, 2018

What You Should Know About Judgments from Litigation Settlements

What is a settlement? A litigation settlement is a decision between the parties to end a dispute before trial.  A settlement may be reached after only a few conversations between attorneys, or it may happen a few hours before trial ends.  Oftentimes, a settlement is a preferable outcome to litigation […]
September 19, 2018

Choosing a Business Name in North Dakota

Selecting a name for your business is an important part of business formation.  There are some rules about naming your business in North Dakota, depending on the type of business structure you are planning.  Generally, a business name cannot include any words that indicate it is involved in anything other […]
September 13, 2018

Mediation and Arbitration – What’s the Difference?

There are several different ways to resolve a case before proceeding with extended litigation.  In general, this is referred to as alternative dispute resolution. Both mediation and arbitration may be used to resolve a dispute without going through extensive litigation or trial.  Arbitration tends to refer to a legally-binding process, […]
September 5, 2018

What is a Disclosure Statement?

A disclosure statement in a real estate sale is a document completed prior the closing which requires the seller to disclose known material defects of the home.  The disclosure statement is an opportunity for the buyer to learn about all potential defects of a home.  The disclosure statement is also […]