As of January 1, 2009, I am no longer with Dorsey & Whitney, LLP, where I had been since 2000, and I go from being a Trial Group partner in Minnesota’s largest law firm to “the other D&W” as I like to call it, Daniels & Wymore PLLC, where I will be the fourth litigator […]
A Ponzi scheme, a.k.a., a pyramid scheme, is insolvent almost by definition. One investor’s “principal” investment becomes an earlier investor’s “interest” and thus the Ponzi entity’s liabilities exceed its assets at any given time. When the recent alleged Petters and Madoff multi-billion dollar schemes collapsed and came to light, they left “investors” looking to recover […]
Metro Gold, Inc., vs. Garrett Coin, Minn. Ct. App. A07-2117 (12/10/08) In a case notable for its strange facts, an individual wrote a check for more than $200,000 to buy gold and very shortly thereafter went into a coma, dying a few weeks later. The check bounced. Minnesota law provides for civil penalties against the […]
Filed in U.S. District Court, D. Minn. today (and to be before Judge Doty and Mag. Judge Graham). From Plaintiff Dennie Hecker’s perspective, it would seem that Defendant Chrysler Financial Services arbitrarily and dramatically changed course in a long-standing commercial relationship, cutting off Hecker’s financial spigot. This, it would seem from Hecker’s complaint, coincided with […]
When 180 Days Does Not Equal 180 Days Kaplan v. Mayo Foundation et al., Civil No. 07-3630 (JRT/JJK) (D. Minn. 10/27/2008), JOHN R. TUNHEIM, United States District Judge. In recognition of the risk of forcing non-culpable defendants to defend against non-meritorious medical malpractice claims (and other professional malpractice, as well), the Minnesota legislature has long […]
Noble Systems Corp. v. Alorica Central, LLC (8th Cir.) (10/8/08) The Court of Appeals affirms dismissal claims of tortious interference, fraud, intentional and negligent misrepresentation, conversion, unjust enrichment, conspiracy, and replevin under Minnesota law. The problems in the case can be traced to Plaintiff’s failure to perfect a security interest. Having failed to do so, […]
Well known Minnesota businessman, Tom Petters, appears to be at the center of an alleged massive and serious financial fraud. If the allegations in the government’s affidavit for a related search warrant hold up, Petters, lawyer, Jon Hopeman, at the Felhaber law firm, will have his hands full….
On February 12, 2009, I will be presenting on Federal and State Lending Laws as part of the Lorman Education Series. We’ll surely touch on new Minnesota laws governing mortgage brokers and new regulations as to TILA disclosures. I also expect to give a survey of current on-going related litigation in Minnesota federal and state […]
This is the big headline of the day as Wall Street is said to have changed forever.
Eric Cooperstein, a lawyer with the Minnesota Board of Professional Responsibility has his own firm that focuses on ethics issues. “Leaving a law firm” is one of his practice areas. There are ethical and practical considerations implicated in many professional job changes, only more so for lawyers, with issues of confidentiality and privilege (for starters). […]