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North Dakota Legal Blog

Governor Walz Appoints Jade Rosenfeldt to Fill Seventh Judicial District Vacancy

Governor Tim Walz announced the appointment of Jade Rosenfeldt as District Court Judge in Minnesota's Seventh Judicial District. This appointment fills a vacancy that occurred upon the creation of a new District Court judgeship effective July 1, 2019 and will be chambered in Moorhead in Clay County.

What passed and what failed? 2019 ND legislative session's highlights

From: North Dakota Employment Law Letter | 07/01/2019

From January to April 2019, the North Dakota Legislature convened for its 66th Legislative Assembly. Both the house and the senate introduced several employment-related bills, which were met with varying degrees of success. Read on to find out more about the most notable employment bills from this year's session and whether they passed or failed.

Noncompete provisions in contracts

House Bill (HB) 1351 revised North Dakota's law related to contractual noncompete provisions. Before the revision, the law generally prohibited any contract restraining an individual or entity from exercising a lawful profession, trade, or business unless there was the sale of a business's goodwill or a partnership dissolution. HB 1351 didn't modify the general prohibition against noncompete provisions in contracts, but it did slightly expand the exceptions to the prohibition, likely to reflect modern-day business transactions.

Are home businesses subject to zoning laws?

In the digital age, starting a business is easier than ever. Not only is information more readily available, but technology allows many to work completely from home. However, if you are considering starting a business, you must be sure your business will comply with federal, state, and local laws. Zoning ordinances are an important, and often an underappreciated, legal requirement that may affect your home business.

Zoning laws designate land for a particular use or uses. Local government rules sometimes permit home businesses in residential zones and sometimes do not. As a result, any entrepreneur considering a home business must take care to ensure compliance with zoning ordinances.

Avoid common start up mistakes

If you are planning to start a new business, you should take time to consider the many tasks you will need to complete to get your business up and running and make a plan to complete those tasks. In so doing, you should consider mistakes commonly made by new entrepreneurs, including:

  • Failing to select the proper type of business entity;
  • Failing to draft a solid business plan;
  • Poor financial planning;
  • Failing to complete regulatory and administrative requirements.

In order to avoid these mistakes, you should take time to plan your new business, starting with big picture concepts and working through practical considerations affecting the day-to-day operation of your new business.

When divorce mediation might make sense

When you think about the divorce process, what’s the first thing that comes to mind? It might be the inside of a courtroom, or maybe a stack of confusing paperwork you know needs to get done. While that has often been the case, it doesn’t always have to be.

Divorce mediation can offer couples an alternative process for separating. Here are some instances in which a separating couple might want to consider mediation.

Minnesota Employer Recordkeeping Requirements Taking Effect July 1

This year, the Minnesota Legislature passed a bill, subjecting Minnesota employers to new notice and recordkeeping requirements. Starting July 1, 2019, employers will now be required to provide a written "wage notice" to employees at the start of employment.

Vogel Law Firm Hosts The Breakfast Buzz: FMLA and Leave Law Compliance

Complying with leave laws can give even the most experienced business owners and management personnel a headache. At this session, we will discuss FMLA and leave law compliance and paperwork, and offer best practices for navigating tricky leave issues. This presentation will review the dos and don'ts when assessing employee leave issues using real world examples and cases. 

Plea bargain pitfalls

By Mark A. Friese

Fifty years ago, twenty percent of criminal cases went to trial. Estimates today show ninety to ninety-five percent of state court criminal cases are resolved through a process called "plea bargaining." In federal criminal cases, ninety-seven percent end with a plea of guilty. These startling numbers underscore the reality: certainty in the outcome and avoiding a harsher penalty following trial provide significant incentive to "bargain."

However, the term "bargain" is misleading. Moreover, there are significant dangers.

What is a seizure?

By Luke Heck

Under both our state and federal constitutions, we have a right to be free from unreasonable searches and seizures. To be free from an unreasonable search is easy for most individuals to generally understand; law enforcement, absent an exception to this requirement, cannot search you, your house, or your personal belongings without first obtaining a warrant allowing them to. But what is a seizure, let alone an unreasonable one?

Estate planning for farmers (Part 2)

Farmers may need to think more about estate planning than others do. They often own large tracts of land, run small businesses and need to divide assets between children who work both on and off the farm.

This means that farmers-more than most people-may benefit from estate plans that go beyond a simple will.

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