Blog

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 […]
February 20, 2018

Worker Dies in Industrial Accident

A worker was recently killed during a fall at the Benson Power, LLC plant. The Benson, Minnesota police department reports that the man received emergency medical treatment and was taken to a nearby emergency room, but did not survive. The Occupational Safety and Health Administration (OSHA) is currently investigating exactly […]
February 16, 2018

The Necessity Defense

A judge in Minnesota recently recognized a rarely used legal defense by allowing climate activists to use the necessity defense. These three activists were arrested and charged with felonies in 2016 after shutting down an overland pipeline. The activists argued that the pipeline company violated the law to protect citizens […]
February 12, 2018

Head-on Collision Kills Several People

Three individuals were killed recently in a head-on collision that occurred near Redwood Falls, Minnesota. Prior to the crash, a motor vehicle operator was passing another vehicle and struck a minivan that was headed in the opposite direction. Both motor vehicle operators, as well as a one-year-old boy who was […]
February 8, 2018

Minnesota Changes Estate Tax Requirement

Only one of 18 states, Minnesota still imposes inheritance taxes in addition to the federal estate tax levy. Minnesota’s estate tax, however, recently became much weaker. The state’s current budget includes $650 million in tax cuts, which involves increasing the estate tax exemption to $2.4 million for the year of […]
February 6, 2018

Worker Electrocuted in Accident

Authorities are currently in the process of investigating how an accident occurred that resulted in a worker being killed. At the time the accident occurred, the worker was repairing a high voltage electrical cord for potato unloading equipment when the man was electrocuted.
January 31, 2018

100 Pounds of Marijuana Results in Drug Trafficking Arrests

In Windom, Minnesota, an effort between several law enforcement agencies to confiscate approximately 100 pounds of marijuana resulted in two drug-related arrests. The arrest occurred when a Minnesota state law enforcement officer was informed by the Worthington Police Department of two vehicles with California license plates that were believed to […]
January 29, 2018

The Importance of Child Support in Minnesota

Children in the state of Minnesota require financial and emotional assistance as well as support from both parents. To achieve these goals, the state’s child support program helps parents who are no longer together make sure that there are adequate finances to support the child. Not only does child support […]
January 25, 2018

Man Using Snow Blower Killed by Skidding Vehicle

A man in northern Michigan who was using a snowblower was recently struck and killed by a vehicle that slid across the man’s road. The accident occurred outside of Kingsley. The Grand Traverse Sheriff’s Office reports that the driver was traveling westbound when she lost control of her vehicle, which […]
January 23, 2018

A New Year Brings New Beginnings…Including Divorce?

In North Dakota, the month of January often brings with it the uncertainty of frigid temperatures, changing weather conditions, treacherous driving conditions and increased car accidents.  But along with that uncertainty, the new year also brings with it the promise of new beginnings.  Many people take the opportunity to reflect […]
January 19, 2018

What You Need to Know About Minnesota’s Buffer Law

The buffer law in Minnesota creates new “buffer” layers for vegetation of up to 50 feet along lakes, rivers, and stream. A buffer refers to vegetated land that exists alongside a stream or river. The reason for these buffers is that they help to filter out nitrogen, phosphorus, and sediment. […]
January 17, 2018

Criminal Vehicular Homicide in Minnesota

In October of 2016, a motor vehicle operator drifted into the opposing lane of traffic of County Road 3 near Kilkenny, Minnesota and was involved in a head-on crash with a motorcyclist. The police report written at the scene reported that the motor vehicle operator had a blood alcohol concentration […]
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