Blog

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 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 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.  […]
October 26, 2018
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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, […]
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