Blog

December 28, 2017
non competes business law fargo nd

North Dakota’s Prohibition on Non-Competition Agreements Prevails Over Choice of Law and Forum Selection Clauses

As most corporate and commercial litigation attorneys in this state already know, North Dakota law provides that a non-competition agreement is void as a matter of law except in a few, limited circumstances. See N.D.C.C. § 9-08-06. Enterprising attorneys have attempted to circumvent the prohibition on non-competition agreements by utilizing […]
December 26, 2017
porn laws criminal law fargo nd

Minnesota Revenge Porn Laws

December 20, 2017
car insurance criminal law fargo nd

What You Need to Know About Motor Vehicle Insurance

December 18, 2017
firearms laws in nd criminal law fargo nd

Firearms and North Dakota Restraining Orders

The North Dakota Supreme Court recently invalidated a restraining order that was filed against a gun owner by his former partner. This decision was based on the North Dakota Supreme Court’s finding that a North Dakota district court incorrectly upheld a disorderly conduct restraining order against a person who carried […]
December 14, 2017
wrong way driving criminal law fargo nd

The Danger of Wrong Way Accidents

December 12, 2017
land transfers real estate law fargo nd

Minnesota Land Transfers

Revised Minnesota statute (272.162) gives counties the same power as municipalities and townships to review land divisions and transfers. This power is most often used to deny inaccurate land transfers or illegal subdivisions. This law will help the state better conform with land regulations and result in landowners receiving additional […]
December 6, 2017
New child law ND criminal law fargo nd

McKenna’s Law

Signed into law in May of 2017 and effective on August 1, 2017, McKenna’s Law is designed to make sure that all children in Minnesota in need of protection or services have access to adequate legal representation. Written by Senator Jerry Relph, the bill passed unanimously in both the House […]
December 4, 2017
Eminent domain real estate law fargo nd

Eminent Domain Law in North Dakota and Minnesota

Each year in North Dakota and Minnesota, there are a number of eminent domain cases that occur. Eminent domain refers to the body of law that authorizes the government to take the property belonging to individuals. Some of the most common reasons eminent domain is used to build highway projects, […]
November 30, 2017
business money issues business law fargo nd

Signs that a Spouse is Hiding Assets

When it comes to divorce, both Minnesota and North Dakota are equitable distribution states in which marital property is divided between spouses in a manner that a court of law decides is fair. In these types of divorces, it is not uncommon for former spouses to hide assets from one […]
November 28, 2017
Repeat DWIs criminal law fargo nd

Repeat DWI Offenses

November 22, 2017
Easements real estate law fargo nd

What You Need to Know About Easement Laws

Sometimes, property owners lack the ability to reasonably access either a portion of their own land or public land without crossing onto another person’s property. Easements, however, grant property owners these rights by establishing that the individual has an interest in the use but does not own the land over […]
November 17, 2017
driving while sleepy criminal law fargo nd

The Dangers of Fatigued Driving in North Dakota and Minnesota

The Center for Disease Control and Prevention (CDC) reports that at least a third of adults in the United States fail to get an adequate amount of sleep each night. Statistics have also been compiled by the CDC about each state. In North Dakota, the CDC reports that 32% of […]
November 14, 2017
Estate planning for young parents business law fargo nd

Reasons Why Younger Individuals Should Create Estate Plans

Even though many people believe that estate planning should only be considered by older adults, there are some particular reasons why younger individuals should begin estate planning. Each year, a large number of young adults in North Dakota and Minnesota experience unforeseen events that would greatly benefit from the existence […]
November 10, 2017
DNR orders business law fargo nd

Do Not Resuscitate Orders in North Dakota and Minnesota

In 1991, Congress passed into law the Patient Self-Determination Act, which requires hospitals to respect an individual’s health care decisions. North Dakota and Minnesota are just two of the 49 states that permit an individual’s loved ones to make decisions in the case of incapacity. As a result, it is […]
November 6, 2017
New requirements in Minnesota business law fargo nd

New Requirement for Cities in Minnesota with Electronic Notification Systems

In accordance with a new law in the state of Minnesota, cities with electronic notification systems are required to provide a 10-day notice of most proposed ordinances. After being signed into law by Governor Dayton on May 23, 2017, this measure became effective on August 1, 2017. This law is […]
November 2, 2017
Damaging public property criminal law fargo nd

Knowingly Damaging a Public Safety Motor Vehicle in Minnesota

On August 1, 2017, several new laws became effective in the state of Minnesota. Some of these new laws relate to cases involving damage to public safety vehicles. It is important for individuals in Minnesota who have been charged with such an offense to understand some of the essential details […]
October 31, 2017
dsiorderly conduct thrown out criminal law fargo nd

Minnesota Supreme Court Throws Out Law Against Disorderly Conduct At Meetings

The Minnesota Supreme Court recently ruled against a disorderly conduct law that applies to the behavior of individuals who disrupt public meetings. The case in question concerned a Little Falls resident who was charged with disorderly conduct after the woman moved her chair closer to the city council at a […]
October 26, 2017
impersonating military criminal law fargo nd

New Minnesota Law Makes Impersonating Military Members a Misdemeanor

The penalties for individuals who impersonate law enforcement officers are now much tougher in the state of Minnesota due to a new law. Groups responsible for gathering statistics have decided the current number of individuals who impersonate military members to be an epidemic. There are several reasons why individuals choose […]
October 23, 2017
Schedule 1 drugs criminal law fargo nd

Nine Synthetic Drugs Added to Minnesota’s Schedule 1 List

A variety of new laws have become effective in Minnesota in 2017. One of these laws updated Minnesota’s list of Schedule 1 controlled substances by adding nine synthetic drugs to the list. The Minnesota Board of Pharmacy has determined that each of these drugs has the potential to be abused […]
October 19, 2017
telemedicine care personal injury law fargo nd

Minnesota Passes New Standardizing Telemedicine Care

A law became effective on August 1, 2017, in Minnesota which requires telemedicine providers to meet the same level of care as physicians who see patients in person. This regulation, called S.F. 1353, was unanimously passed by legislators in the state and was then approved by Governor Mark Dayton on […]
October 17, 2017
new littering law criminal law fargo nd

New Littering Law in North Dakota

Beginning on August 1, 2017, anyone in North Dakota who is caught littering will be facing a much larger fine than was previously enforced by the state. Individuals who are caught littering on publicly maintained roads will now be fined $500. This increase is significant and is 400% larger than […]
October 13, 2017
New school bus fine criminal law fargo nd

Fines Increase in Minnesota for Failure to Stop for a School Bus

Fines Increase in Minnesota for Failure to Stop for a School Bus The Minnesota Department of Public Safety has announced that the state will increase fines from $300 to $500 for motor vehicle operators who violate state law by failing to stop for school buses. While the reason why this […]
October 11, 2017
TRUSTS IN nd BUSINESS LAW FARGO ND

Lost Estate Planning Documents

Not only is it critical for individuals to decide their plans for after death and to accurately reflect these decisions in an end of life document, it is also important to place these documents in a location where the documents will remain secure and easy to find. Unfortunately, when estate […]
October 7, 2017
conceal and carry criminal law fargo nd

New North Dakota Law Makes it Easier to Carry Concealed Firearms

North Dakotans appreciate their Second Amendment rights, so many cheered when the governor signed several new bills passed by the legislature into law that impacted the rights of residents to carry firearms in public. Amongst these bills is a law making it easier for North Dakotans to carry a concealed […]
October 5, 2017
parents and kids family law fargo nd

Firm Paralegal Staff Works

The paralegals at O’Keeffe O’Brien Lyson Foss are doing their part in gathering much needed household supplies and personal supplies for the Fargo Ronald McDonald houses as part of the Red River Valley Paralegal Association annual sponsorship of a local charity. Every year the RRVPA puts their efforts behind a […]
Pay Now