July 25, 2024
Gregory J. Griffiths
View this on-demand presentation. Download the 2024 Employment Law Update PowerPoint Presentation
Dunlap Seeger Attorney Ken Schueler Talks About the Supreme Court’s Overturn of the Chevron Decision
July 22, 2024
ROCHESTER, Minn. (KIMT3 News)—At the end of June, the U.S. Supreme Court overturned the 1984 ‘Chevron decision’ in a 6-3 decision. Dunlap and Seeger Law firm shareholder and attorney Ken Schueler says, “If you’re a business that is regulated by the federal government, and in particular federal agency, it gives those agencies a little less power and if you disagree with a rule that they have, you can go to court and have a greater ability to overturn that rule.” Read full article and watch video on KIMT 3 News website
January 1, 2024
Beginning January 1, 2024, and pursuant to a new federal law known as the Corporate Transparency Act (CTA), many companies will be required to report information to the U.S. government about their beneficial owners (i.e., the individuals who ultimately own and control the company). These companies will have to report the information to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury. The CTA, passed by Congress in 2021, creates a new beneficial ownership information reporting requirement as part of the U.S. government’s efforts to make it harder for bad actors to hide their identities and launder money through shell companies or other opaque ownership structures. FinCEN has published information about the CTA and guidance for businesses regarding the reporting requirements here. [...]
December 20, 2023
Benjamin J. Truax, Benjamin S. King, Joshua D. Wold
Topics: Amendments likely to require changes to lease provisions; Amendments altering or creating new covenants; Amendments affecting eviction procedure. Download 504B Update PowerPoint Presentation
October 3, 2023
Gregory J. Griffiths
During the 2023 Minnesota legislative session, a series of new labor laws were passed and signed into law by Governor Tim Walz. Earned Sick and Safe Time (ESST) is one of those new laws and will impact every employer and employee in the state. This presentation covers what employers need to know about ESST, including who is covered, how accrual and front loading work, and how it interacts with existing employer paid time off programs. Attendees heard directly from the agency charged with implementing, overseeing and enforcing this new law.
July 1, 2023
Gregory J. Griffiths
Download Cannabis at the Workplace PowerPoint Presentation
June 22, 2023
Gregory J. Griffiths
View this on-demand webinar on one of the largest compliance changes in the state’s legislative history. This session discusses the essential facets of the recently passed mandated sick and safe time requirements. Learn about the latest regulations and strategies for implementing and managing these brand-new policies in your organization. Download the 2023 Legislative Parental Leave, Paid Sick and Safety Leave PowerPoint Presentation
January 12, 2021
David Pederson, John C. Beatty
The Rochester Area Chamber of Commerce recently hosted a Path Forward 2021 webinar: New Federal Pandemic Relief. Dunlap Seeger Attorneys, John Beatty and David Pederson, along with Jill Rock and Mike Malugani from Smith Schafer & Associates, LTD discuss what it means for small business now that the Federal Government has recently passed the COVID Relief Bill.
January 12, 2021
ROCHESTER, Minn. (KIMT3 News) – The Rochester Area Chamber of Commerce is helping to break down the elements of the new Federal COVID-19 Relief bill. During the chamber’s Path Forward 2021 webinar series on Friday law firms Dunlap & Seeger, PA, along with Smith Schafer & Associates, LTD, helped explain the latest Paycheck Protection Program with changes passed by Congress. There’s a “second draw” PPP option for small businesses who have exhausted their initial loan as well as changes that impact eligibility for initial loans and the loan forgiveness process. In order to qualify for a second PPP draw the business must have used up the first loan as well as have 300 employees or less (which is down from 500 employees in the first [...]
October 28, 2020
Gregory J. Griffiths
This presentation covers HR issues including the FFCRA Update, OSHA recordkeeping realated to COVID-19 exposure and FFCRA leave recordkeeping. Featured presenters include Dunlap Seeger, Smith Schafer & Associates, CPAs and Sterling State Bank.
June 10, 2020
David Pederson, John C. Beatty
Following the signing into law of the Paycheck Protection Program Flexibility Act of 2020, experts from Dunlap Seeger and Smith Schafer and Associates, CPAs led a Path Forward webinar breaking down the legislation and how affected businesses’ strategy and planning with regards to the PPP funds.
May 27, 2020
David Pederson, John C. Beatty
Experts from Dunlap Seeger and Smith Schafer & Associates CPA joined together to lead this webinar on the Paycheck Protection Program as part of the Rochester Area Chamber’s Path Forward series.
May 6, 2020
Alison M. Kryzer, Gregory J. Griffiths, Hilary R. Stonelake-Curtis
Informational Zoom session by Dunlap Seeger Attorneys, Gregory J. Griffiths, Hilary R. Stonelake-Curtis and Alison M. Kryzer, regarding liability concerns when preparing to reopen your business, including compliance risks, liability risks under current regulations and enforcement of the COVID-19 Preparedness Plan.
April 16, 2020
Gregory J. Griffiths, Hilary R. Stonelake-Curtis
Understanding new loan programs, including the Main Street Lending Program, EIDL and the Paycheck Protection Program.
April 16, 2020
David Pederson, Hilary R. Stonelake-Curtis, John C. Beatty
A recording of the Winona Chamber’s learning opportunity with Dunlap Seeger. This event covered information on the Economic Injury Disaster Loan program or EIDL (an existing SBA program expanded by the CARES Act), the Paycheck Protection Program (a new loan program established by the CARES Act), and the Main Street Lending Program (a new loan program announced by the Federal Reserve this week).
April 14, 2020
Two types of commercial property insurance may cover COVID-19-related income loss for businesses: ~ Business interruption coverage, which covers loss of income that results when damage to a business’s property prohibits the business from operating; and ~ Contingent business interruption coverage, which covers loss of income that results when damage to a business’s supplier’s property prohibits the business from operating. To trigger either coverage, “direct physical loss or damage” to property is required. The Minnesota Court of Appeals has held “physical loss” is not limited to “tangible injury to the physical structure of a building.” Sentinel Mgmt. Co. v. N.H. Ins. Co., 563 N.W.2d 296, 300 (Minn. App. 1997). In Sentinel Mgmt. Co., the Court found asbestos constituted a coverable physical loss, explaining, “Although asbestos contamination [...]
March 31, 2020
When most Minnesota residents get an idea, they want to start working on it right away. In particular, if a person believes that the time has come to start a business, he or she may want to jump into the process as quickly as possible. If a person is of older age, he or she may feel like there is no time to waste in getting the business started, but slowing down may be a better route to consider. By starting slow, entrepreneurs can better assess their idea and fine-tune it. They can determine how their idea could help in a particular industry, a particular demographic or in the world in general. By taking the time to fully assess the idea, individuals may be better able [...]
March 29, 2020
As we all now wade through the effects of Coronavirus (COVID-19) on our business and markets, business owners and management need to quickly identify and plan for issues. Below is a brief, non-exhaustive checklist of some key business areas to assess. These initial considerations are intended to help first identify the issues your company faces, then an analysis, prioritization and understanding of the circumstances become your vital next step. Contracts: Identify and review existing, critical contracts for key provisions impacting your business, and obligations between your customers and your suppliers. Some of the key clauses to review include: Force Majeure Termination rights Conditions precedent Timing for performance and grace periods Notice requirements for anticipated events Events of default and remedies Can you delay performance on an existing [...]
March 27, 2020
David Pederson, Gregory J. Griffiths, Hilary R. Stonelake-Curtis, John C. Beatty
Dunlap Seeger Attorneys Greg Griffiths, Dave Pederson, John Beatty and Hilary Stonelake-Curtis provide an update regarding business-related COVID-19 issues during this webinar hosted on 3.27.2020.
March 25, 2020
The Governor declared a peacetime emergency on March 13, 2020, which placed restrictions on public activities because of the Coronavirus. This declaration impacted the Court system. As a result, we are receiving questions from clients in family law about their scheduled court hearings and mediations. There have been two orders in the last week from the Court that impact family law matters in the court system. On March 16, 2020 in response to the Coronavirus pandemic, the Court issued an order that temporarily placed court hearings in a particular order from Super High Priority to Normal Priority. The family law cases that were considered super high priority were Orders for Protection, Harassment Restraining Orders, and emergency custody and parenting time motions. All other family court [...]
March 23, 2020
Having children can be the biggest joy of many Minnesota residents’ lives. Of course, siblings do not always get along, and it can often be difficult for parents to make decisions that will be good for everyone. As a result, some parents may struggle with estate planning. It is not uncommon for sibling rivalry to affect estate plans and the probate process. Some siblings may fight over assets or have other disputes that could lead to probate litigation. Parents who want to lessen the likelihood of sibling fights may want to ensure that they create a will. Not having any type of estate plan could give more cause for siblings to fight as assets are divided in accordance with state intestate laws. By having instructions for [...]
March 22, 2020
Review your workplace policies to consider any measures necessary to protect employees from the current outbreak: Travel policies – consider alternatives to work-related travel to affected areas, and other potential measures to implement around business and personal travel Prepare policies for operations under multiple scenarios and locations Develop business continuity plans in preparation for closures in offices and facilities Test remote access to systems Identify critical business functions which are unable to be performed remotely and develop solutions to perform those functions Stay on top of recommendations from the CDC, WHO and OSHA to determine best course of action amidst the possibility of an outbreak that may impact the workplace: Devise plans to meet minimum duties and basic employee recordkeeping Prepare for communication plan to all employees [...]
March 20, 2020
David Pederson, Gregory J. Griffiths, Hilary R. Stonelake-Curtis, John C. Beatty
Dunlap Seeger Attorneys Greg Griffiths, Dave Pederson, Hilary Stonelake-Curtis and John Beatty host a webinar on the Families First Coronavirus Response Act and its impact on businesses and employees. This is the second webinar led by the Dunlap Seeger team, the first reviewed the basics of unemployment insurance.
February 28, 2020
Family-run business owners have to make sure that they have a plan for what’s going to happen with the company if they pass away. Part of this has to do with the estate plan that they set up. Having everything in order with their personal estate plan can help to provide for their family members, which may make it easier for the business’ staff to focus on running the company. It is important to get your plan in place as soon as possible so that you know that your company and family are taken care of if something happens to you. Some individuals think that they have plenty of time to get this done, but the truth is that you never know what’s going [...]
February 25, 2020
Welcoming a child into a family changes life completely. Whether through birth or adoption, changing the family dynamic in such a way warrants important planning for the future. As a result, new parents in Minnesota may want to consider starting estate planning or updating their already-existing estate plans. One major estate planning document that new parents may want to create or update is a will. Though a will is an important planning document for anyone, it is especially important for new parents because this is the document in which parents can name the person they want to act as the child’s guardian in the event of the parents’ incapacitation or demise. By making this appointment, parents can better ensure that a trusted person will take over [...]
February 18, 2020
The idea of being one’s own boss is intriguing to many people in Minnesota and across the country. Some people may think that they would make great entrepreneurs, but they may feel stuck as to what type of business they could start that would lead them down a successful business formation path. Luckily, assessing various details could help individuals come to an answer. A good place to start when looking to find a business idea is one’s owns passions and interests. Often, people start their own companies because they want to leave the daily grind of a job they do not enjoy, so looking at personal interests could better ensure that a business would be one that is enjoyable to create and operate. Hopefully, those interests and [...]
February 11, 2020
Creating a will is a useful first step to creating an estate plan. However, if Minnesota residents stop their estate planning process there, they may miss out on some useful tools that could help them address more aspects of their lives and estates than just their property. Plus, if individuals took a set-it-and-forget-it approach to their wills, it is possible the information is outdated. Certainly, a will can have benefits that other estate planning tools cannot. For example, parents can use a will to name a guardian for their minor children. However, once those children reach adulthood, that designation is no longer necessary. If a will still contains guardianship information even after the children are grown, it is likely that other information is outdated as [...]
February 3, 2020
Wanting to do what is best for one’s family is not always easy. Some Minnesota residents may think that they have done the right thing by creating an estate plan for their loved ones to follow, but too many people make errors while estate planning. As a result, families may not have as smooth a probate process as a loved one may have intended. One issue that some people may overlook is the expenses that can come along with closing an estate. Some parties may think that since their estate is not large enough to owe federal estate taxes that their loved ones will not have to worry about that type of issue later. This idea could even result in some people forgoing estate planning [...]
January 28, 2020
It is admirable to have dreams that one wants to achieve. However, it is important to remain realistic about those dreams, and Minnesota residents may want to ensure they have the right information before creating upheaval in their lives. For example, many people think that starting a business will change their lives in positive ways. While this can certainly be the outcome, some may think that it is easier than it really is. Working a traditional job means that a person’s hourly wage or salary is set by someone else. Some parties may think that they will be able to set their own pay when they work for themselves, and approximately 72% of individuals hoping to start their own business believe that they will make [...]
January 26, 2020
Companies have financial obligations to many different parties. When a business hires people to work, they have an obligation to fulfill the promises made regarding that employment, including the payment of wages. Companies also have financial obligations to local and federal government agencies because they must collect and pay taxes. Businesses can also incur additional financial obligations to creditors that help them fund expansions, suppliers who do not demand payment up front, and shareholders or investors that use their own money to fund the business. Even a well-organized business can experience some lean seasons that leave it struggling to meet all major financial obligations. If you believe that your business can recover from its current downturn in the future, Chapter 11 bankruptcy could be an opportunity [...]
January 22, 2020
Many Minnesota residents may want to use their estate plans to protect assets for beneficiaries. Fortunately, trusts are one estate planning tool that can easily achieve this goal. In particular, discretionary trusts can ensure that beneficiaries are not at unnecessary risk of losing their assets. Assets in a discretionary trust are managed by another person. As the name suggests, the assets are handled at the discretion of another party. As a result, the beneficiaries cannot demand a distribution and cannot tell the trustee how to manage the trust. This also means that the beneficiaries have no real ownership over the assets in the trust. This can be a benefit because it means that creditors and ex-spouses cannot make claims to obtain that property. Discretionary trusts are also [...]
January 13, 2020
Being an entrepreneur is not for everyone. However, if Minnesota residents feel that it is a journey they want to take, it can be helpful to know from the start which characteristics could help them during business formation and when reaching success in the years to come. In particular, the four Ds may be worth considering. First, parties wanting to start their own businesses need to have the desire to succeed. This may seem like an obvious characteristic, but not everyone feels the need to work hard for success. That desire coupled with the drive to do what it takes to reach a goal and work around any obstacles that may pop up along the way is vital toward having a successful business venture. The next Ds [...]
January 6, 2020
Creating an estate plan can be a prudent resolution to make in the new year. Even if Minnesota residents have already created a plan, they can resolve to review and update those plans as needed. Estate planning can certainly be helpful, but the information is the most helpful when it is up to date. If individuals are not starting their plans from scratch, they may still find that they have a considerable amount of work to do with them. If someone has not reviewed the plan in decades, it may need more work than someone who updates his or her plan every few years. When going over possible updates, individuals may want to look at tax changes that have taken place since the plan was created [...]
December 31, 2019
Wanting to work for oneself is a desire that many Minnesota residents have. However, they may not feel that they have what it takes to start a business. It is also possible that individuals feel like they would be a great entrepreneur but feel uncertain about the type of business they should start. Fortunately, some time and research could help. First, parties interested in starting a business may want to assess their skills. Some people may have a hobby that they are particularly skilled in that could potentially become a business venture. Additionally, individuals may have skills learned from a college education, previous jobs or personal experience. By going over these skills, people may have a better chance of seeing where their strengths lie and [...]
December 29, 2019
You decide to work with another business owner. Maybe they’re a vendor. You’re going to buy products or services from them. It seems like a lucrative deal for both of you. You hash it out at lunch one day, at an impromptu business meeting. The company you run is a small, local business. You only have a few employees. The same is true for the other business owner. The two of you went to high school together and you have known each other for years. You’re doing well, but this isn’t two Fortune 500 business owners sitting down together. As such, the other owner just wants to do a handshake deal. It’s a verbal agreement. They don’t want to draft a contract or get [...]
December 23, 2019
Getting any type of important affairs in order can be tricky. When Minnesota residents are trying to figure out where to start when it comes to estate planning, they may feel overwhelmed by the amount of information they may need to organize. Fortunately, an estate plan can start small and turn into a more comprehensive plan. The first document that often comes to mind when creating an estate plan is the will. This document can cover certain important information like who will act as the executor and who parents desire to act as the guardian for minor children. Individuals can also indicate who they would like to receive certain property. However, a will is not the only important document for an estate plan to have. [...]
December 16, 2019
With the new year comes new goals, and because 2020 is just around the corner, many Minnesota residents may be thinking that now is the time to take steps toward achieving some of their life’s dreams. For some individuals, those dreams could include starting a business. If so, it may be the right time to gain information on the steps to take to reach that goal. First, it is important that individuals have a good business idea. Unfortunately, not all ideas are able to become profitable business ventures, so it is important that prospective business owners evaluate their ideas thoroughly. To determine whether an idea is sound, parties may want to determine whether it could help people in some way. Offering a solution to a problem [...]
December 9, 2019
When carrying out almost any action in life, there is room for mistakes. The same goes for estate planning, which can be a very involved process. Some Minnesota residents may think that they have created a plan that will be beneficial for themselves and their families, but too many make mistakes during this process. For some, a mistake may be thinking that they have a solid estate plan when they do not. They may think that because they quickly created a will online that they have all of their bases covered. However, a will may not be enough to address the many aspects of settling an estate that could come up, and if a person does utilize a DIY online option, the chances for mistakes [...]
December 2, 2019
Finding the right way to plan for the future is not always easy. Fortunately, Minnesota residents who are interested in estate planning can find the best options that fit their particular needs. Various planning tools exist for specific purposes, and some parties may find that trusts could suit their needs. When creating a trust, individuals may want to think of an objective for their document. Parties could create a trust for charitable giving or to provide funds for the care of their pets after their passing. Determining an objective may allow grantors to determine which type of trust could best suit the needs of their objective. Once they make that decision, they can work on adding assets to the trust to achieve that goal. Additionally, [...]
November 28, 2019
While many business partnerships do last and thrive, the reality is that a fair amount also fall apart. Sometimes, two partners just decide they cannot run the company well together. Other times, they have different visions of what the future should look like. Still other times, one partner commits fraud or theft, abusing their position within the company. All of these situations can lead to litigation and the dissolution of a partnership contract. Let’s spend a little time looking at the last example: fraud. Why does it happen and what situations lead to it? ~ Your business partner wants a better lifestyle. This is often a problem for start-ups. The life of a new business owner can feel glamorous, and they may feel tempted to do [...]
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