Blog

October 26, 2018

What to do When Business Partners Disagree

So you have formed a business partnership, but one or more partners do not agree on an issue that is important to the business – what do you do now?
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 17, 2018

Christa Ackley Joins O’Keeffe O’Brien Lyson Foss

Christa joined O’Keeffe O’Brien Lyson Foss as a paralegal. Her primary area of focus is family law, working with attorney Tracy Lyson. Christa is currently attending Minnesota State University Moorhead and graduating in December 2018 with a Bachelor of Science Degree in Paralegal Studies. Prior to joining the firm, Christa worked […]
October 11, 2018

What if you are Sued by Someone?

You received a summons and complaint – what happens now?  In civil lawsuits, the proceeding begins with a summons and complaint.  This is your notification that you are being sued.
October 9, 2018

The Importance of Writing a Demand Letter with an Attorney

Demand letters are often a starting point to the resolution of a dispute.  Although non-attorneys can send demand letters, having an attorney assist in writing the demand letter is important to hopefully efficiently resolving the dispute.
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 […]
October 4, 2018

Chris D. Cerney Joins Firm

O’Keeffe O’Brien Lyson Foss welcomes our newest associate attorney, Chris D. Cerney. Chris is a graduate of the University of North Dakota School of Law. Prior to his law school experience, Chris earned a Bachelor’s degree in 1997 from the Curtis L. Carlson School of Management at the University of […]
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 17, 2018

Refinancing an Existing Mortgage

There are many reasons to consider refinancing your mortgage, including lower interest rates, lower monthly payment, or debt consolidation.  If you are thinking about refinancing your existing mortgage, consider utilizing the assistance of an attorney in doing so.
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 11, 2018

Business Succession Planning

In the event of death or illness, every business needs a plan in place.  This is especially important for family business owners.  Much like planning for an individual’s estate, business plans are crucial to preparing for what happens next.
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 […]
September 3, 2018

Drug Possession Versus Intent to Distribute

If you are found with drugs, there are several crimes with which you may be charged.  The crimes of drug possession and intent to distribute are two different crimes with different levels of punishment.  Depending on the drug, the level of offense and punishment can vary significantly.  Generally, the crime […]
August 30, 2018

Rindy Honored as 2018 Lawyer of the Year

Dean Rindy, attorney at O’Keeffe O’Brien Lyson Foss of Fargo, has been recognized by his peers as a 2018 Lawyer of the Year and will be recognized in the 25th edition of the The Best Lawyers in America, the oldest and most respected peer review publication in the legal profession.
August 24, 2018

Five Recognized by Super Lawyers in 2018

Five attorneys at Fargo law firm O’Keeffe O’Brien Lyson Foss have been recognized by Super Lawyers. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer […]
August 22, 2018

Abby Hammes Walks in ALS Walk

For the fourth year in a row, Abby Hammes, a Paralegal at O’Keeffe O’Brien Lyson Foss, has participated in the annual Walk to Defeat ALS. Abby’s mom lost her battle with ALS.  Abby’s team name is “Team Noonnay”, which was a nickname given to her mom by family years ago.
August 15, 2018

O’Keeffe O’Brien Lyson Foss: Committed to Our Community

At O’Keeffe O’Brien Lyson Foss, we get really excited about giving back to our community. This summer, we went all out by partnering with Down Home, a local non-profit organization whose mission is to help individuals and families transitioning from homelessness to permanent housing by providing furnishings and décor, making […]
August 13, 2018

All About Buy-Sell Agreements for Businesses

When the ownership of a business changes hands, it can be a dream come true for both the buyer and the seller. Founding and cultivating a business to the point where someone wants to buy it is a mark of successful entrepreneurship. After the sale, the sellers can establish a […]
August 9, 2018

The Importance of Writing Corporate Minutes

Operating a business successfully always requires a certain amount of record keeping, even if it is a small business run by someone with a very good memory. At the very least, you need to keep accounting records to show to your tax accountant. If your business is large enough to […]
August 7, 2018

Contract Tips to Avoid Litigation

Contracts protect you in the event of a lawsuit, since they are the best evidence of the terms to which two parties agreed before getting into a dispute. A lesser-known but equally important advantage of contracts is that they can stop lawsuits from happening in the first place. It is […]
August 2, 2018

North Dakota “At Will” Employment and Wrongful Termination

The phrase “gig economy” sounds thrilling, unless you have actual financial responsibilities.  What is not to love about turning your talents and determination into financial gain and not having to answer to a boss?  Of course, making your living through freelance gigs means no job stability and no employer-sponsored retirement […]
July 30, 2018

How You Can Help Your Attorney with Your Defense

Whether you are facing misdemeanor charges or felony charges, what you do and do not do can make a big difference as far as whether your defense attorney is able to persuade the court to find you not guilty.
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