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February 18, 2019
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Buy-Sell Agreements: Unreasonable Restrictions on Alienation

In general, a buy-sell agreement is a contract between the owners of a company and the company which both restricts the transfer of ownership and facilitates the sale of an ownership interest. A buy-sell agreement provides a mechanism for an owner to sell his or her ownership interest in a […]
February 14, 2019
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Who can Face Charges of Domestic Violence?

Traditionally, you may think of domestic violence occurring only through physical assault between couples.  However, the law provides for a much broader definition of domestic violence. First, the statutory definition of domestic violence in North Dakota includes: physical harm, bodily injury, sexual activity compelled by physical force, assault, or the […]
February 12, 2019
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How is Bail Established?

Bail is defined as “the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money be lodged to guarantee their appearance in court.”  If you have been arrested and held in custody, a judge may allow for your release, contingent upon certain conditions like […]
February 8, 2019
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Do You Really Need a Lawyer to Create a Will?

These days, it seems like you can find online instructions for doing nearly anything. While there’s certainly information out there related to creating your own will, trying to use pre-fabricated forms is a recipe for disaster. Your will is an important document that is critical to your family’s financial future, […]
February 6, 2019
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New Minnesota DWI Law Takes ATV

On August 1, 2018, Minnesota had a new law in effect which creates stricter consequences for individuals who have driven while intoxicated, regardless of what type of vehicle they were driving.  In addition to the criminal penalties associated with a DWI, there are also administrative sanctions resulting in driver’s license […]
January 31, 2019
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Work Anniversary Celebration!

At O’Keeffe O’Brien Lyson Foss, we know it’s truly a team effort. Our people make all the difference in the great service we provide our clients. So to have a work anniversary for two longtime team members is truly a celebration. Recently we had a little party for two longtime […]
January 29, 2019
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Distracted Driving Involves Much More than Cell Phones

Driving is an immense responsibility that each of us accepts every time we get behind the wheel. When you’re motoring down the road, your attention should be focused solely on driving safely. Put simply, distracted driving is dangerous driving. While the advent of smartphones and our devotion to them is […]
January 23, 2019
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What is Probate?

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 9, 2019
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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 […]
December 28, 2018
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.  […]
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