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Articles by Andrew E. Tanick
Minnesota Restrictive Covenants Update: What Constitutes Solicitation?
Quick Hits Although the Minnesota Legislature banned new noncompete agreements in 2023, nonsolicitation agreements remain valid and enforceable. The U.S. District Court for the District of Minnesota has ruled that the mere announcement of an employee's new position does not violate a typical nonsolicitation agreement.
Implications of Updated College Sports Commission Guidance Related to NIL Collectives, Transactions
The College Sports Commission (CSC) has updated its guidance to clarify its enforcement position in response to questions over the continued viability of “NIL collectives” and transactions. The CSC established the NIL Go portal in partnership with Deloitte as part of the House v. NCAA settlement. Through NIL Go, the Commission plans to review and approve all third-party NIL deals exceeding $600 to weed out pay-for-play agreements from legitimate transactions.
Minnesota Restrictive Covenants Update: What Constitutes Solicitation?
The Minnesota Legislature’s ban on new noncompetition agreements in 2023 has caused the state’s employers to rely more heavily on other legal means to protect their businesses from unfair competition by departing employees. In particular, the ban has forced Minnesota businesses to focus more on nonsolicitation agreements, i.e., agreements that prohibit an employee from soliciting the employer’s customers for a certain period of time after leaving employment.
Minnesota Restrictive Covenants Update: What Constitutes Solicitation?
Quick Hits Although the Minnesota Legislature banned new noncompete agreements in 2023, nonsolicitation agreements remain valid and enforceable. The U.S. District Court for the District of Minnesota has ruled that the mere announcement of an employee’s new position does not violate a typical nonsolicitation agreement.
Minnesota Court Rules Websites are Public Accommodations under ADA
Joining a number of courts across the country that have ruled similarly, the District Court for District of Minnesota held recently that the Americans with Disabilities Act’s (ADA) prohibition against discrimination in “places of public accommodation” applies to websites. In Frost v. Lion Brand Yarn Company, the plaintiffs, who are both legally blind, asserted that the functionality of the defendant’s retail website was “limited,” at best, for individuals with vision-related disabilities.
Low-Cost Meals, High-Cost FLSA Mistakes: Lessons From the DOL’s Fining of a Minnesota Pizza Restaurant for Wage and Hour Failures | JD Supra
In December 2024, the U.S. Department of Labor (DOL) fined a Minneapolis pizza restaurant for numerous wage and hour violations. Quick Hits The DOL recently fined a Minneapolis pizza restaurant for multiple wage and hour violations, including failure to pay overtime and improper tip pooling practices.
Low-Cost Meals, High-Cost FLSA Mistakes: Lessons From the DOL’s Fining of a Minnesota Pizza Restaurant for Wage and Hour Failures
In December 2024, the U.S. Department of Labor (DOL) fined a Minneapolis pizza restaurant for numerous wage and hour violations. Quick Hits The DOL recently fined a Minneapolis pizza restaurant for multiple wage and hour violations, including failure to pay overtime and improper tip pooling practices.
Minnesota Ban On Staffing Agency Nonsolicitation Provisions To Take Effect July 1, 2024
Quick Hits Minnesota's new ban on the use of nonsolicitation agreements by service providers or staffing agencies takes effect on July 1, 2024. The law will prohibit service providers from restricting in any way its employees from being solicited or hired by user companies. The law will render such provisions void and enforceable.
Minnesota Ban on Staffing Agency Nonsolicitation Provisions to Take Effect July 1, 2024 | JD Supra
A new Minnesota law taking effect on July 1, 2024, will ban the use of nonsolicitation agreements by staffing agencies and other service providers to prevent their customers, orthe companies that contract for the staffing agency’s services, from soliciting or hiring the staffing agency’s employees who provide the contracted temporary services. Quick Hits Minnesota’s new ban on the use of nonsolicitation agreements by service providers or staffing agencies takes effect on July 1, 2024.
Minnesota Ban on Staffing Agency Nonsolicitation Provisions to Take Effect July 1, 2024
A new Minnesota law taking effect on July 1, 2024, will ban the use of nonsolicitation agreements by staffing agencies and other service providers to prevent their customers, orthe companies that contract for the staffing agency’s services, from soliciting or hiring the staffing agency’s employees who provide the contracted temporary services. Minnesota’s new ban on the use of nonsolicitation agreements by service providers or staffing agencies takes effect on July 1, 2024.
Minnesota Ban on Staffing Agency Nonsolicitation Provisions to Take Effect July 1, 2024
Quick Hits Minnesota’s new ban on the use of nonsolicitation agreements by service providers or staffing agencies takes effect on July 1, 2024. The law will prohibit service providers from restricting in any way its employees from being solicited or hired by user companies. The law will render such provisions void and enforceable.
Minnesota Enacts State Partial Paid Family And Medical Leave
Minnesota became the latest state to offer statewide paid family and medical leave as part of a series of sweeping and fundamental changes to Minnesota employment law made in the 2023 legislative session. Quick Hits Minnesota's new law creates a paid family and medical leave program to provide partial wage replacement for employees for twelve to twenty weeks in a fifty-two-week period for medical leave, bonding, caring for a family member, safety leave, or a qualifying exigency leave.
Minnesota Enacts State Partial Paid Family and Medical Leave
Minnesota became the latest state to offer statewide paid family and medical leave as part of a series of sweeping and fundamental changes to Minnesota employment law made in the 2023 legislative session. Quick Hits Minnesota’s new law creates a paid family and medical leave program to provide partial wage replacement for employees for twelve to twenty weeks in a fifty-two-week period for medical leave, bonding, caring for a family member, safety leave, or a qualifying exigency leave.
Minnesota Enacts State Partial Paid Family and Medical Leave | JD Supra
Minnesota became the latest state to offer statewide paid family and medical leave as part of a series of sweeping and fundamental changes to Minnesota employment law made in the 2023 legislative session. Quick Hits Minnesota’s new law creates a paid family and medical leave program to provide partial wage replacement for employees for twelve to twenty weeks in a fifty-two-week period for medical leave, bonding, caring for a family member, safety leave, or a qualifying exigency leave.
Minnesota Enacts State Partial Paid Family and Medical Leave
Minnesota became the latest state to offer statewide paid family and medical leave as part of a series of sweeping and fundamental changes to Minnesota employment law made in the 2023 legislative session. Quick Hits Minnesota’s new law creates a paid family and medical leave program to provide partial wage replacement for employees for twelve to twenty weeks in a fifty-two-week period for medical leave, bonding, caring for a family member, safety leave, or a qualifying exigency leave.
Minnesota Enacts State Partial Paid Family and Medical Leave
Minnesota became the latest state to offer statewide paid family and medical leave as part of a series of sweeping and fundamental changes to Minnesota employment law made in the 2023 legislative session Quick Hits Minnesota’s new law creates a paid family and medical leave program to provide partial wage replacement for employees for 12–20 weeks in a 52-week period for medical leave, bonding, caring for a family member, safety leave, or a qualifying exigency leave.
Minnesota Supreme Court Clarifies State Law Standards for ‘Severe or Pervasive’ Harassment and Constructive Discharge
Tuesday, February 28, 2023 On February 8, 2023, the Minnesota Supreme Court issued its first significant decision interpreting the state’s employment discrimination law, the Minnesota Human Rights Act (MHRA), in three years. In a ruling that will likely be hailed as a victory by employees and employers alike, the supreme court clarified the law on several issues.
Minnesota Supreme Court Clarifies State Law Standards for ‘Severe or Pervasive’ Harassment and Constructive Discharge | JD Supra
On February 8, 2023, the Minnesota Supreme Court issued its first significant decision interpreting the state’s employment discrimination law, the Minnesota Human Rights Act (MHRA), in three years. In a ruling that will likely be hailed as a victory by employees and employers alike, the supreme court clarified the law on several issues.
Minnesota Supreme Court Clarifies State Law Standards for ‘Severe or Pervasive’ Harassment and Constructive Discharge
Minnesota, State Developments Share this Insight On February 8, 2023, the Minnesota Supreme Court issued its first significant decision interpreting the state’s employment discrimination law, the Minnesota Human Rights Act (MHRA), in three years. In a ruling that will likely be hailed as a victory by employees and employers alike, the supreme court clarified the law on several issues.
Understanding ‘Standing’: The Eighth Circuit Slams the Brakes on Three More ADA Title III ‘Drive-By’ Suits | Lexology
Continuing a trend that saw Minnesota courts dismiss at least eight disability access lawsuits under Title III of the American with Disabilities Act (ADA) in 2018 and 2019, the Eighth Circuit Court of Appeals, which has jurisdiction over Minnesota as well as several other states, recently affirmed the dismissals of three more Title III cases.
Understanding ‘Standing’: The Eighth Circuit Slams the Brakes on Three More ADA Title III ‘Drive-By’ Suits | JD Supra
Continuing a trend that saw Minnesota courts dismiss at least eight disability access lawsuits under Title III of the American with Disabilities Act (ADA) in 2018 and 2019, the Eighth Circuit Court of Appeals, which has jurisdiction over Minnesota as well as several other states, recently affirmed the dismissals of three more Title III cases.
Understanding ‘Standing': The Eighth Circuit Slams The Brakes On Three More ADA Title III ‘Drive-By' Suits
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Understanding ‘Standing’: The Eighth Circuit Slams the Brakes on Three More ADA Title III ‘Drive-By’ Suits
Tuesday, August 18, 2020 Continuing a trend that saw Minnesota courts dismiss at least eight disability access lawsuits under Title III of the American with Disabilities Act (ADA) in 2018 and 2019, the Eighth Circuit Court of Appeals, which has jurisdiction over Minnesota as well as several other states, recently affirmed the dismissals of three more Title III cases.
Minnesota Supreme Court Affirms ‘Severe or Pervasive’ Standard of Harassing Conduct Claims | JD Supra
In a much-anticipated decision, the Minnesota Supreme Court on June 3, 2020, declined to abandon the requirement that harassing conduct be “severe or pervasive” to be actionable under the Minnesota Human Rights Act (MHRA). Nevertheless, the court “clarif[ied]” that the standard has evolved and that courts should not necessarily rely on the “high bar” that prior case law has required for a plaintiff to prove sexual harassment.
Minnesota Supreme Court Affirms ‘Severe or Pervasive’ Standard of Harassing Conduct Claims | Lexology
In a much-anticipated decision, the Minnesota Supreme Court on June 3, 2020, declined to abandon the requirement that harassing conduct be “severe or pervasive” to be actionable under the Minnesota Human Rights Act (MHRA). Nevertheless, the court “clarif[ied]” that the standard has evolved and that courts should not necessarily rely on the “high bar” that prior case law has required for a plaintiff to prove sexual harassment.
Minnesota Supreme Court Affirms ‘Severe or Pervasive’ Standard of Harassing Conduct Claims
In a much-anticipated decision, the Minnesota Supreme Court on June 3, 2020, declined to abandon the requirement that harassing conduct be “severe or pervasive” to be actionable under the Minnesota Human Rights Act (MHRA).
Minnesota Governor Issues Executive Order Temporarily Suspending Consumer Debt Garnishments | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Minnesota Issues Two-Week Shelter In Place Order
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Just Keep Driving: Minnesota Courts Continue to Block ADA Title III “Drive-By” Suits | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Just Keep Driving: Minnesota Courts Continue to Block ADA Title III “Drive-By” Suits | Lexology
In early 2018, Minnesota federal courts issued two decisions dismissing so-called “drive-by” disability access lawsuits under Title III of the Americans with Disabilities Act (ADA). That trend has continued in 2019. In fact, in just the past two months, courts in Minnesota have dismissed, in whole or in part, no fewer than six Title III cases, again reminding business owners that liability is far from automatic in these lawsuits.
It’s Not Enough to Just Drive By: Minnesota Cases Reiterate Requirements to State Viable ADA Title III Access Claims | JD Supra
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FCA Publishes MiFID II Passporting Forms
On July 17, the UK Financial Conduct Authority (FCA) published a new webpage on passporting under the revised Markets in Financial Instruments Directive (MiFID II).
High Court Upholds Long-Term GHG Emissions Analysis, But Warns Agencies to Keep Pace with Regulatory Advancements: Lessons from Cleveland National Forest Foundation v. SANDAG | The National Law Review
Judicial deference to a lead agency’s determination regarding the proper greenhouse gas (“GHG”) threshold for a project California Environmental Quality Act (“CEQA”) remains a swinging pendulum. The California Supreme Court recently upheld the San Diego Association of Government’s (“SANDAG”) determination that the year 2050 statewide GHG reduction goals set forth in Executive Order S-3-05 (“Executive Order”) issued in 2005 did not create a CEQA threshold of significance an agency must follow.
Sometimes When You Gamble, You Lose: Risks of Ignoring Forum Selection Clauses
Exclusive forum selection clauses are a staple of commercial contracts and come with many benefits. Among them are avoiding races to the courthouse, mitigating the risk of litigating in multiple venues, and reducing the time and expense of litigating forum non conveniens motions. But what happens when a party attempts to avoid the negotiated forum?
Inconsistent Energy Laws Complicate Energy Storage Adoption
While solar cells have been around in some form since the 1800s, increases in their efficiency were modest and slow until about 2000. Since 2000, the technology has seen rapid increases in efficiency, both at the research and consumer levels, and consistent deceases in cost of approximately 7 percent per year. For all of these improvements, however, solar power has a significant inherent flaw – it generates energy at a very variable rate that is highly dependent on environmental conditions.
The Third Circuit Holds that Automatic Perfection Provisions Are Not So Automatic
Close to ten years have passed since the filing of the chapter 11 cases of Tulsa, Oklahoma-based SemCrude L.P., but this week, the Third Circuit Court of Appeals affirmed a 2015 district court ruling that resolved a dispute between oil producers and downstream purchasers over the perfection and priority of interests in oil sold by SemCrude L.P. and its affiliates. The Third Circuit’s holding in In re SemCrude L.P., --- F.3d ---, 2017 WL 3045889 (3d Cir.
In a Clear Signal to CFPB and White House, FTC Announces CID Process Improvements
Acting Federal Trade Commission (FTC) Chairman Maureen Ohlhausen has released a list of changes to how the agency’s Bureau of Consumer Protection (BCP) will issue civil investigative demands (CIDs)—the principal consumer protection investigative tool the agency wields. These changes result from Chairman Ohlhausen’s previously announced effort to reduce administrative burdens on legitimate businesses.
Artificial Intelligence Legal Revolution - It Began with Parking Tickets...
There was applause for IBM Corp.’s Watson when it beat Ken Jennings on Jeopardy, and people reveled at Google’s AlphaGo when it defeated Ke Jie, a Go world champion. But what about the intersection of Artificial Intelligence and the law? Recently, on July 12, 2017, Joshua Browder announced a major upgrade to his free legal aid chatbot, DoNotPay, which has already helped fight 375,000 parking tickets in the U.K, New York, and Seattle.
RICanada Welcomes Quebec Renewable Fuel Volume Requirements
Renewable Industries Canada (RICanada), a principal stakeholder representing Canadian producers of clean-burning renewable fuels, announced that the Quebec Government’s 2017-2020 Action Plan under the 2030 Energy Policy included, for the first time, renewable fuel volume requirements for fuels such as ethanol and biodiesel. The renewable fuel blending requirement was set at 5% for gasoline and 2% diesel and is expected to increase after 2020.
USCIS Issues New Visa Bulletin Tutorial for I-485 Applications
USCIS has issued a new online tutorial for immigrants that will help determine when a Form I-485, Application for Adjustment of Status, can be filed with USCIS. For those immigrants who have a family-based or employment-based immigrant petition filed or approved on their behalf, the new Visa Bulletin tutorial details how to determine your priority date and how to use the USCIS charts for determining when the Form I-485 can be filed with USCIS.
SEC to Announce Largest SEC Whistleblower Award to Date
The SEC Whistleblower Office is set to announce its largest SEC whistleblower award to date – more than $61 million to two J.P. Morgan whistleblowers. Under the SEC’s whistleblower program, whistleblowers are eligible for awards when they provide original information to the SEC that leads to successful SEC enforcement actions, or related successful actions, resulting in monetary sanctions in excess of $1,000,000.
U.S. Supreme Court Limits Plaintiffs’ Ability to Bring National Actions in Far-Flung States
In a decision that could limit the scope of mass litigation in plaintiff-friendly states, the U.S. Supreme Court recently held that states do not have personal jurisdiction over a defendant simply because another plaintiff in the same case can establish jurisdiction. The result in Bristol-Myers Squibb Co. v. Superior Court, 137 S.Ct. 1773 (2017) creates a barrier for plaintiffs who wish to group together scores of claims in a state perceived as favorable for plaintiffs.
The Nevada Pregnant Workers’ Fairness Act Official Notice Is Here
The Nevada Equal Rights Commission has published its official notice for the new Nevada Pregnant Workers’ Fairness Act. As you likely know by now, Nevada employers with at least 15 employees must immediately post this notice in the workplace in a conspicuous place (e.g., where other legal employee notices are currently posted). The notice is available on the Nevada Department of Employment, Training and Rehabilitation’s website.
FCA Publishes Notification Guide for Firms Wanting To Rely on MiFID II Ancillary Activity Exemption
On July 19, the UK Financial Conduct Authority (FCA) updated its webpage on the introduction of the commodity derivatives position limits and reporting regime under the revised Markets in Financial Instruments Directive (MiFID II).
FINRA Releases Additional Guidance With Respect To Enhanced Disclosure Requirements for Corporate and Agency Debt Securities Transactions
The Financial Industry Regulatory Authority, Inc. has released frequently asked questions (FAQs) related to the enhanced confirmation disclosure requirements for certain corporate and agency debt securities transactions pursuant to recently approved amendments to FINRA Rule 2232.
Oregon Expands Pay Equity Protections
Oregon recently enacted the Oregon Equal Pay Act of 2017 (H.B. 2005) (the “Act”). The Act broadly expands Oregon’s existing equal pay protections and imposes new restrictions on Oregon employers’ use of salary histories in recruiting employees and setting compensation.
HIPAA De-Identification Guidance
On November 26, 2012, the Office for Civil Rights (OCR) released guidance regarding methods for de-identification of protected health information (PHI) in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule (Privacy Rule). The guidance largely restates prior interpretive guidance to and health care industry understandings of the Privacy Rule’s de-identification standard.
Opposing Counsel’s Conflicts: The Cost Could Be in a Class of Its Own
The U.S. Supreme Court declined to put an end to long-running antitrust litigation concerning Visa and MasterCard swipe fees. Instead, it left in place a ruling from the U.S. Court of Appeals for the Second Circuit that overturned the credit card companies’ $7.25 billion settlement with millions of retailers. In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, 827 F.3d 223 (2d Cir. 2016), cert. denied sub. nom., Photos Etc. Corp. v.
SEC Chairman Clayton Makes First Public Speech Outlining His Vision for the Commission
On July 12, in his first major address since becoming Chairman of the Securities and Exchange Commission earlier this year, Jay Clayton outlined his vision for the SEC under his Chairmanship based upon eight guiding “principles” and his approach for implementing those principles into practice.
NLRB Inches Closer to Having Full Panel
For some time now, the National Labor Relations Board (NLRB) has been operating with only three members, which is two short of the full five-member panel, but on July 19 there was some progress made toward reaching a full complement. As described in more detail in this blog here and here, long-time management labor attorney William Emanuel and veteran government legal advisor Marvin Kaplan have been nominated by the Trump administration.
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