Bench and Bar of Minnesota

April 2012

Bench & Bar — Fri, 13 Apr 2012 14:33:51 +0000

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Genetic Privacy in Minnesota: Unintended Conflicts and Consequences

Gordon J. Apple — Tue, 10 Apr 2012 18:22:49 +0000

A recent decision of the Minnesota Supreme Court highlights a range of personal data privacy questions regarding what “persons” other than governmental agencies are covered by the terms of the Genetic Privacy Act. On November 16, 2011, in Bearder v Minnesota1 the Minnesota Supreme Court held that the genetic information section of the>>>

International Parental Child Abduction: Essential Principles of The Hague Convention

Allison Maxim — Tue, 10 Apr 2012 18:21:45 +0000

With the increasing globalization of business and human mobility, claims of abduction of children across international boundaries are becoming more common in our courts and those of other nations. The Hague Convention sets basic guidelines for determining in which country competing parental claims should be heard and timelines for action are>>>

Now You See It, Now You Don’t: Disclosure without Waiver of Privilege Under Rule 502(d)

Shannon Awsumb — Tue, 10 Apr 2012 18:15:09 +0000

Federal Rule 502(d) is an important and, to date, underutilized tool in a federal litigator’s discovery arsenal. It can provide predictability and valuable protections to producing parties, limiting the costs of exhaustive preproduction privilege review and minimizing disruptions. Federal litigators should take heed of a novel provision in>>>

Disclosing Confidential Information

Martin Cole — Tue, 10 Apr 2012 16:17:37 +0000

When someone consults Rule 1.6, Minnesota Rules of Professional Conduct (MRPC), concerning the confidentiality of information relating to the representation of a client, at first glance she might think that almost nothing truly is confidential at all. Rule 1.6(b) lists ten situations in which a lawyer may reveal otherwise confidential>>>

Reflections & Refractions

Brent Routman — Tue, 10 Apr 2012 15:42:00 +0000

Bar presidents customarily devote their final, May/June President’s Page to giving a retrospective on the year, thanking all the appropriate persons. Still short of that final hurdle, I already feel that instead of being on the rubber chicken circuit of receptions, I’m entering the phase where lame duck is on the menu. Aside from all the>>>

Working with Deaf Clients

Bench & Bar — Tue, 10 Apr 2012 15:39:57 +0000

Working with a deaf client adds certain requirements to your representation. For court appearances, the court will provide an interpreter, but for meetings with your client outside of court, you are required to hire your own private interpreter under the Americans with Disabilities Act. There are a limited number of interpreters in Minnesota>>>

Answering Disrespect with Respect

Bench & Bar — Tue, 10 Apr 2012 15:39:21 +0000

We all have our techniques for treating each other professionally and with civility. During World War II, Josef Stalin and Winston Churchill had a difficult relationship, at best. The more abuse that Mr. Stalin heaped upon Mr. Churchill, the more correct, if not cordial, the Prime Minister was towards him. When asked why he did not respond to>>>

Gifting & Medical Assistance

Bench & Bar — Tue, 10 Apr 2012 15:38:32 +0000

Uncompensated transfers to family members will cause more problems for persons with medical assistance applications not approved prior to December 1, 2011. On that date the Department of Health & Human Services (DHS) implemented a new ?all or nothing? policy for reducing penalty periods caused by uncompensated transfers to family members.? MA>>>

March 2012

Bench & Bar — Tue, 20 Mar 2012 17:21:38 +0000

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