Minnesota State Bar Association

MSBA sections perform vital work on behalf of the profession and the community. Read about what your colleagues accomplished in 2006-07 -- and lend your talents by joining a section! Click on the links above for applications or additional information about each section.

Annual Reports
Alternative Dispute Resolution Agricultural Law Animal Law Children & the Law Construction Law	Elder Law Environmental & Natural Resources Law New Lawyers Probate & Trust Law Tax Law

During the past year, the ADR Section has continued its efforts to reach more members and define itself as an organization for all practitioners of ADR. These efforts paid off in a membership increase of nearly 10%from last year to this!

Section Visibility/Accessibility
Visibility is important to our growth and relevance to members. The Publications Committee this year established a list serve for our members. This provides a quick way for members to learn of significant developments in case law, hobnob about problem issues and review pending legislation. The Committee has also initiated an advertising campaign to attract more members and has worked with MSBA staff to refine our webpage. The webpage is more attractive, contains more information, and is easier to navigate than in the past.

The Mediation Committee of the Section has been working on a community outreach project that will advertise mediation as a way to solve problems in the community. We have ordered materials from the Maryland statewide ADR organization that we will adapt to use in Minnesota. The materials will also help advertise “selectadr,” the web-based MSBA source for finding neutrals.

Projects
Bylaws: The Section embarked on discussions of our organization’s structure and how they promote, or do not, inclusiveness of ADR practitioners. With a view to making the Section more responsive to the needs of our membership and potential membership, an ad hoc committee has drafted substantial revisions to our Bylaws. This draft will be presented to the membership in the fall.
Grant guidelines: The Section has long held a substantial balance in its treasury. An ad hoc committee has drafted guidelines that provide standards for the Section to award gifts to organizations or individuals who propose projects of special interest to the Section. These guidelines will be presented to the membership in the fall.
Collaborative Law Rule: The ADR Review Board sought our comments on a proposed rule about collaborative law. An ad hoc committee of Section members drafted comments, presented them to the Section for its feedback and approval, and then submitted the comments to the ADR Review Board. This effort stimulated thoughtful discussion about how we define ADR and where its limits may be.

Legislation
RUAA: The Section sought approval of MSBA to support the Revised Uniform Arbitration Act, which many Section members have toiled over for several years. Despite the absence of any written opposition to the RUAA, approval was withheld. The Section will pursue leave to support the legislation as a Section.
UMA: The Section continued its work on refining the Uniform Mediation Act. The Section expects the legislation to be ready to present to MSBA next year.
Miscellaneous: The Section monitored bills that affect ADR practice. The list serve helped us communicate about these bills and obtain membership feedback about proposed legislation.

Programs
Providing membership with continuing education opportunities is important to our mission as a section. To ensure maximum attendance, we provide conference call access to our lunch hour programs. We also provide a podcast, accessible through our website, following the program. During the year we presented the following programs for CLE credit:

Treasury
The ADR Section’s treasury has held at about $20,000-25,000 for several years. The healthy treasury has prompted efforts in the areas of public education and, as discussed above, giving. The Section continues to be one of the best “deals” practitioners enjoy: we have maintained dues at $25.00 per year, and membership is free to law students.
In sum, the Section continues to be a vital organization with a bright future. The members of our executive council for the coming year, like those of the past year, care about the present and future of ADR in Minnesota. They have creative ideas about ADR and the energy to implement new programs to expand the use of ADR.

Respectfully submitted,
Linda F. Close
2006-07 ADR Section Chair
12, July 2007

The Agricultural Law Section again published its Agricultural Law Newsletter. Special thanks to our editor Andrea Silbermann. Articles can be submitted at any time to ASilbermann@aol.com.

The section planned and hosted the 16th Annual Agricultural and Rural Law Institute. Our featured speakers included Congressman Tim Walz and Robert Sip from the Minnesota Department of Agriculture.

On April 13, 2007, in conjunction with the Agricultural and Rural Law Institute, the section held its Annual Meeting. Officers, section council members, assembly delegate and alternates were elected and other business was conducted.
Special thanks to retiring section council member Mark Madsen and to Brian Boysen, who served for many years as an officer of the section and kept the section alive and well.

The section has elected to host CLE programs during its section meetings, beginning with “The Promise (and Pitfalls) of the Environmental Quality Incentives Program” On June 27, 2007. Thank you Jill Krueger from the Farmer’s Legal Action Group for teaching this program.

Council Members, Officers, Delegate and Alternate for July 1, 2007 to June 30, 2007:

Gary Hansen                            June 30, 2010                          Elected Vice-Chair for 2007-08
                                                                                                Alternate to MSBA Assembly
Joe Thompson                          June 30, 2010

Matt Benda, Chair
Peterson, Savelkoul & Benda, Ltd.
211 South Newton
Albert Lea, MN 56007
mbenda@albertlealaw.com

The MSBA Animal Law Section had a successful year, sponsoring four CLE programs, a full-day annual conference, and an annual meeting. There were 79 section members as of June, 2007.

10/12/06 - “Minnesota’s Animal Cruelty Law”
This well-attended program featured guest speaker Keith Streff, Director of Investigations at the Animal Humane Society. Mr. Streff explained how Minnesota’s animal cruelty law is intended to work, how enforcement efforts are structured throughout the state, and how enforcement is sometimes impeded by subjective interpretation of the law. Mr. Streff shared numerous first-hand stories of enforcement efforts and remained for an extended question-and-answer period following his presentation.

12/14/06 - “Ending the Experiment - Striking Pound Seizure from Minnesota Statutes”
Guest speaker Amy Draeger presented a case for changing Minnesota statutes relating to pound seizure. Ms. Draeger noted that Minnesota is one of only three states which continue to require publicly-funded animal shelters to surrender their unclaimed animals for scientific research. She further discussed the connection between dognapping and pound seizure, ways in which cities have circumvented the law, and reasons for striking pound seizure from state statutes.

2/8/07 - “Horse Slaughter Legislation and the Problem of Unwanted Animals”
This program, featuring speakers Vicki McIntyre of McIntyre Legal Services, LLC, and Martha McPhee, CEO of the Animal Humane Society, was cancelled on 2/7/07 due to the untimely death of Martha McPhee. The program may be rescheduled during the 2007-08 year.

5/10/07 - “Animal Terrorism Enterprise Act”
Guest speaker Odette Wilkens, a member of the animal law committees of the American Bar Association and the New York City Bar Association, traveled to Minnesota to report on the recently-passed Animal Terrorism Enterprise Act (AETA), and to discuss concerns about the act’s potential impact on free speech and other First Amendment activity.

The section’s 2nd Annual Animal Law Conference was held on 4/14/07 at William Mitchell College of Law. William Mitchell was once again a co-sponsor of the full-day event. The conference was attended by approximately 80 attorneys, students, veterinarians, and law enforcement officials.

Keynote speaker Bruce Wagman, attorney with Schiff Hardin, LLP, San Francisco, and Chief Outside Litigation Counsel for the Animal Legal Defense Fund (ALDF), gave two presentations, one on animal hoarding, and another on the diverse practice of animal law. Mr. Wagman was exceptionally well-received and garnered rave reviews from attendees.

The conference presentations were followed by a keynote reception sponsored by Mansfield, Tanick & Cohen, P.A. and Merrigan Brandt & Ostenso, P.A.

Attorneys attending the conference received six CLE credits. Continuing education credits were also provided for veterinarians and law enforcement attendees.

The section’s Annual Meeting was held on 6/14/07 at the MSBA offices. Agenda items included approving revised bylaws, receiving the annual conference and treasurer’s reports, electing new officers and council members, discussing section goals for 2007-08, and determining the 2007-08 programming schedule, with suggestions for speakers and topics.

Members voted to continue a schedule of offerings that would include at least four one-credit CLE programs on a bi-monthly basis and a six-credit Annual Conference. Suggested schedule for 2007-08 is: CLE programs at noon on the 2nd Thursday of the month in September, November, January, and May, with the Annual Conference on a Saturday in March in conjunction with William Mitchell College of Law. Additionally, the Council will explore opportunities for presenting a program at the MSBA Annual Conference, possibly as a co-sponsor with another MSBA section, such as Family Law or Probate and Trust.

Members also unanimously voted to approve new section bylaws. Interest was also expressed in updating the section website and in beginning a section e-newsletter which would apprise section members of upcoming animal law events locally and throughout the region.

The section will end the fiscal year with a treasury balance of approximately $3,500. The Council will make recommendations for use of any excess funds for the benefit of section members. Currently, the section funds are used primarily for communications with members, sponsorship of bi-monthly CLE programs, and underwriting of the section’s annual conference.

The 2007-08 Council will be comprised of 18 Council members and 3 Officers, the maximum allowed by the section’s bylaws.

Newly-elected Officers and Council members are:
Chair: Corwin Kruse
Vice Chair: Laura Hage
Secretary/Treasurer: Valorie Chadwick
Council Members (terms expiring 6/30/10): Kristen Rice, Amy Draeger, Ellen Weinstock, Kathryn Boyne, Cristy Gafney Kruse, Katy Bloomquist, Amy Mason, Michael Heise

Returning Council members are:
Terms expiring 6/30/08: Vicki McIntyre, Nancy Olkon, Gary Persian, Heidi Vesturs
Terms expiring 6/30/09: Marjorie Austin-Peterson, Matthew Berner, Valorie Chadwick, Barbara Gislason, Linda Murphy, Christine Weflen

Assembly Representatives 2007-08
Representative - Vicki McIntyre
Alternate - Corwin Kruse

Congratulations to all of the new Section Officers and Council members. We look forward to another active and successful year in 2007-08.

The Children and the Law Section of the MSBA had less than active year:

Membership:
The Section has experienced very little participation from section members in the past couple of years.

Section Meetings:
The section did not focus on CLE programs this year, having determined that, while people did sporadically attend CLE’s in prior years, that attendance did not result in any increase in participation in the section. A meeting was held at the beginning of the year to discuss what members want to see from the section. Very few members attended and there was no real vision for the section. A meeting was held in March to address changes in the child support law by allowing members to come together and present the issues they have faced in applying the new law and to learn from others’ experience. No one attended the meeting other than the section chair.

Service
The section adopted a family in need during December. Through contributions of a handful of section members, a family of 4 children and their grandmother received everything they had asked for through the Sponsor-a-Family program.

Annual Meeting:
The Section held its annual meeting on June 28, 2007, at the MSBA’s annual convention held at RiverCentre in St. Paul. In attendance were Sherri Hawley, Wendy Watson, Irene Opsahl, Gillian Blomquist, and Katarina Jimenez. All members were notified of the meeting by email and were invited to respond if they were interested in serving on the council or as an officer but could not attend the meeting. No such responses were received.

Election Results:
The members attending the annual meeting agreed to the following officers and council members:

Officers for fiscal 2007-2008 are:
Chair:               Gilliam Blomquist
Treasurer:         Wendy Watson

Council members elected for fiscal 2007-2008 are:
Katarina Jimenez and Irene Opsahl
The Section’s MSBA representative for 2007-2008 will be Sherri Hawley, past chair of the section.

Fiscal Status:
The Section finished the year with a surplus of $4,157.09.

The Construction Section had a busy year with a program of monthly lunches and events (including CLEs), an amicus brief, legislative proposals, social activities, and an ad hoc committee on residential construction defects.

Membership. The Section had 366 members in 2006-07. Membership has steadily increased since 1997, when the Section had 217 members.

            Chair                            Bob Huber
            Vice Chair                    Dyanna Street
            Treasurer                      Mark Bloomquist
            Secretary                      Mary Schwind
            Assembly Rep              Bill Hull
            Assembly Rep Alt.        Deb Mackay

            Gary Thaden
            Chad Stepan
            Jason Greves
            John Markert
            Dave Sand
            Aaron Dean
            Eric Ruzicka
            Rob Smith

The Section’s events have been well attended this year with audiences for monthly-lunch CLEs averaging 36. The Symposium was attended by 38 persons. Each of the lunch programs was approved for 1.0 hours of CLE credits, and a request for CLE credits for the Symposium is pending. Meeting notices are circulated by email and are posted on the Section’s webpage at www2.mnbar.org/sections/construction-law/notices.htm.

November 17 Bruner & O’Connor on Bruner & O’Connor
Phil Bruner and Pat O’Connor

December 8                 Finding Insurance Coverage for Construction Defects:
                                    Understanding Wooddale Builders v. Maryland Casualty
                                    Andrea Weisbord, Ernie Peake, David Oskie, and Bill Davidson

February 9                   City of Mpls' Small and Underutilized Business Program:
                                    Setting MBE and WBE goals and making “best efforts”
                                    Marvin Taylor, City of Mpls

March 9                       The ICE Man Cometh to the Site: Immigration Law and Construction
                                    Dan Palmquist

April 25                       Contractual Liability Coverage and Additional Insured Status
                                    Don Malecki

June 8                         Construction Law Symposium: Safety
                                    Dyanna Street, Chair
                                    Andrea Luby, Mike Palma, Aaron Dean & Julie Leppink

Legislative Subcommittee. Dean Thomson continues to lead the Section’s legislative efforts. The Section reviewed items of proposed legislation affecting the construction industry and proposed revisions in some instances. Those items included (1) testifying about and suggesting revisions to proposed “best value” legislation for municipalities; and (2) amending the statute of limitations for improvements to real property to extend the time for bringing actions for contributions or indemnity.

ConstructionTalk ListServ. On September 7, 2006, the Section started a listserv for its members. As of today, the listserv has 124 subscribers.

Committee on Residential Construction-Defects Cases. The Section established appointed an ad hoc committee to explore ways to resolve residential construction disputes more efficiently. Mary Schwind and Dean Thomson were appointed co-chairs. The Committee, whose first meeting was April 24, has met three times and plans to meet the last Tuesday of each month. They anticipate presenting recommendations to the Section by June 30, 2008, the end of the 2007-2008 fiscal year.

MSBA Outreach. As part of the MSBA’s outreach effort to recruit new members and retain existing members, Mark Bloomquist made a one-hour presentation entitled “Construction Law 101” on November 2, 2006, at MSBA’s On the Road CLE Program at the Eagan Community Center in Eagan. The program is intended to demonstrate the value of MSBA membership to non-members.

Amicus Brief. The Section and Real Property Section jointly sponsored and funded a brief supporting the petition for further review in Mavco, Inc. v. Eggink, 720 N.W.2d 841 (Minn. Ct. App. 2006). The Minnesota Supreme Court granted the petition on November 14, 2006, and the two sections sponsored a “friend of the court” (amicus curiae) brief before the Supreme Court. The Court has not yet issued a decision on the appeal. The Section contributed $2,500 to support the effort. The Section was represented by a Section member, Joe Springer of Fredriksen & Byron.

Form Contract for Remodeling. At the request of the Real Property Section, the Construction Law Section recommended revisions to MSBA Real Property Form No. 91, Contract for Repair, Replacement, Restoration, or Remodeling.

Reception for Law Students. On November 17, 2006, a cocktail reception at William Mitchell College of Law followed the CLE presentation by Phil Bruner and Pat O’Connor. Thank you to Connie Armstrong for organizing the program and reception.

Social Activities. On May 18, 2007, the Section held a Summer Social at Brit’s Pub in Minneapolis. The event was attended by 20 Section members. Special thanks to Deb Mackay for organizing the event and to Mark Bloomquist and Chanel Melin for being Rules Captains.

Elections. New officers and council members were elected by vote at the annual meeting, which was held immediately before the Symposium on June 8, 2007. Those serving in 2007-08 are:

            Chair                                        Dyanna Street
            Vice Chair                                Mark Bloomquist
            Treasurer                                  Mary Schwind
            Secretary                                  Gary Thaden
            Assembly Rep                          Deb Mackay
            Assembly Rep Alternate           Bob Huber

            Dave Sand (2nd year of 2nd term)
            Chad Stepan (1st year of 2nd term)
            Jason Greves (1st year of 2nd term)
            John Markert (1st year of 2nd term)
            Aaron Dean (2nd year of 1st term)
            Eric Ruzicka (2nd year of 1st term)
            Rob Smith (2nd year of 1st term)
            Brittany Turner (1st year of 1st term)

Finally, the Section wishes to thank the MSBA Staff, particularly Renee Anderson and Kim Basting, for their invaluable assistance and professionalism this year.

The activities of the Elder Law Section of the Minnesota State Bar Association during the 2006-2007 bar year included the following:

The forgoing is taken from governing council meeting agendas. Additionally I would like to note that our legislation committee is exemplary and has worked hard on behalf of the Section. Or strategic planning committee has done an excellent job helping to keep our governing council focused and productive. And our medical assistance committee meets regularly and provides an invaluable forum for discussion and learning about the most recent developments in Minnesota’s medical assistance services and laws. These and many other of my fellow section members have made my year as chair both rewarding and fulfilling.

MSBA ENVIRONMENTAL & NATURAL RESOURCES LAW SECTION
Annual Report for 2006-2007

The Chair of the MSBA Environmental & Natural Resources Law Section submits the following annual report of the Section’s activities during 2006-2007:

Seminars
In response to requests from our members, the Section continued its efforts in 2006-2007 to provide high-quality, low-cost continuing legal education programs covering timely and important environmental law topics. The Section offered a total of four seminars and a total of eleven CLE credits addressing environmental topics this year. Several of these seminars were offered without charge.

In November 2006, the Section held its third annual “State of the Environment” seminar. The program provided an update from Minnesota environmental regulatory agencies. Over fifty attendees discussed such diverse issues as impaired waters, climate change, sustainable timber harvesting, and environmental review with officials from the Minnesota Pollution Control Agency, the Minnesota Department of Natural Resources, the Minnesota Department of Agriculture, and the Minnesota Environmental Quality Board.

In December 2006, Ken Haberman, president of Landmark Environmental, LLC, and Council Delegates Joe Maternowski and Sue Steinwall discussed the United States Environmental Protection Agency’s new “All Appropriate Inquiries” rule. The panelists explored the EPA rule and its interaction with new standards from the American Society for Testing and Materials (ASTM) for Phase I environmental assessments. Offered without charge, the one-hour program followed the monthly meeting of the Section’s Governing Council.

On April 11, 2007, the Section offered a program during which Janette Brimmer of the Minnesota Center for Environmental Advocacy discussed recent developments under the Wetland Conservation Act. This one-hour program was also free to all Section members and followed the Section Governing Council’s monthly meeting.

On April 19, 2007, over 160 attorneys, consultants, and other environmental professionals attended the Section’s premier educational offering, the third annual Environmental Law Institute. Sponsored by the Section and Minnesota Continuing Legal Education, the Institute featured an outstanding keynote address by John C. Cruden, Deputy Assistant Attorney General for the Environment Division of the United States Department of Justice. In addition, the Institute offered presentations from twenty faculty members on a wide range of timely environmental issues in two plenary and eight small-group sessions. The presentations included an update of environmental case law and regulations, climate change and carbon dioxide regulation, the all appropriate inquiries rule, the future of environmental enforcement, hot topics under the Clean Water Act, and the future of environmental review and environmental rights in Minnesota. There were also several small-group sessions designed for newer attorneys, including a discussion of the basics of administrative law for environmental practitioners, a technical primer for lawyers on analyzing groundwater and surface water issues, and a panel discussion focused on the challenges facing public interest environmental lawyers.

Newsletter
The Section published two newsletters in 2006-2007. The newsletters offered feature articles analyzing the United States Supreme Court’s decision in Massachusetts v. EPA addressing climate change, the new storm water rules for the City of Minneapolis, and the United States Environmental Protection Agency’s recently promulgated “All Appropriate Inquiries” rule. In addition, the newsletters contained regular columns discussing environmental issues affecting agriculture and summarizing recent judicial decisions in environmental and natural resources law.

Family Day
Over thirty members and their families enjoyed the Section’s annual Family Day on February 10, 2007, held at the Minnesota History Center in St. Paul. The event included lunch and a scavenger hunt for historical information in the History Center’s museum.

Award
At the Environmental Law Institute, the Section presented its third annual Distinguished Service Award, which recognizes a member of the bench or bar who has demonstrated a significant commitment and made an outstanding contribution to environmental or natural resources law in the state of Minnesota. Prior recipients of the award include Eldon Kaul and Chuck Dayton. This year’s recipient was Mac Hyde. Mr. Hyde has been a leader in environmental law and litigation in Minnesota for more than forty years. He represented Reserve Mining in one of the most important environmental cases in the state’s history, tried the first case under the Minnesota Environmental Response & Liability Act, and handled several environmental insurance coverage claims that were ultimately resolved in the Minnesota Supreme Court. Mr. Hyde also crafted a number of innovative settlement agreements with the Minnesota Pollution Control Agency and other regulatory entities.

Outreach
Outreach to law students and young lawyers was another of the Section’s priorities this year. In early October 2006, the Section held a reception at which over two dozen area law students and nearly one dozen Section members discussed the practice of environmental and natural resources law in the upper Midwest. At the Environmental Law Institute, the Section hosted its third annual law student lunch, providing students the opportunity to discuss the practice of environmental law with Section members and Institute faculty. As discussed above, the Institute also offered a number of sessions designed for law students and young lawyers.

Section Elections
The election for Section Officers and Governing Council Delegates yielded a full roster comprised of lawyers engaged in all facets of environmental and natural resources law practice. The 2007-2008 Section Officers and Council Delegates include attorneys from large and small private law firms, government, corporations, public interest groups, universities and law schools, and solo practitioners.

The MSBA New Lawyers Section has accomplished quite a lot over the course of the past bar year. Here are a few highlights:

The New Lawyers Sections of the Minnesota State and Hennepin County Bar Associations conducted a joint fundraising event to benefit Toys for Tots at the Graves 601 Hotel on December 7, 2006.

The event raised over $3,000, and generated 125 toys for disadvantaged kids throughout the Twin Cities. The checks, cash, and toys were presented to Toys for Tots at the KARE 11 studio during a news telecast the day after the event. HCBA and MSBA New Lawyers Section members solicited support from the bar in two ways. First, a group of members called dozens of local law firms to encourage donations, and several law firms donated $250 to the cause. Additionally, each of the guests at the event brought a new toy or made a $10 donation. We arranged for airtime and a trip to the KARE 11 studios, where several of our fully-loaded SUVs and vans met with Toys for Tots officials, who were on hand to accept the donations.

Toys for Tots, which is operated by the United States Marine Corps Reserves, began in Los Angeles in 1947, and became a nationwide program in 1996. Since its inception, the program has distributed more than 332.5 million toys to 158.7 million needy children, and received countless accolades as a leading philanthropic organization. Accordingly, as the MSBA New Lawyers Section did last year, both the County and State New Lawyers Sections made Toys for Tots the object of their charity this year at their holiday social events.

Under the leadership of our CLE committee chair Jennifer Lurken, we were able to offer several free hour-long CLEs just before our monthly section meetings. These CLEs were designed to cover topics most relevant new lawyers. So far, we have offered CLEs on “Ethics and Professionalism in the Law,” “The New Rule 26 and E‑Discovery,” and “Clerks: Dos and Don’ts for New Lawyers,” featuring a panel of state and federal law clerks who provided useful tips and information for lawyers appearing before their respective judges.

Just a few weeks ago, several NLS members participated in the Hands On Twin Cities Spring Yard Cleanup for Seniors. Working with the Neighborhood Involvement Program, the Spring Yard Cleanup is just another way that the Hands On Twin Cities organization provides assistance to seniors so they can continue to live independently. Volunteers from the NLS spent a morning trimming bushes, cleaning the garden, raking and washing windows at the home of a senior, who greatly appreciated our time and effort.

The MSBA New Lawyer’s Section and the HCBA New Lawyer’s Section teamed up to host the annual Spring Social Event in April at Nami. The MSBA NLS and local businesses contributed approximately $1,200 in gift cards, which were given away as door prizes to some of the approximately 130 lawyers in attendance. Nami dedicated its new back bar room to the event, which included free drinks and Japanese food courtesy of Robert Half Legal and Pat Carl & Associates.

The NLS is sponsoring an entertainment and hospitality suite at the Convention, and awarded two $250 scholarships to NLS members who are interested in attending the Convention.

Chair: Dan Gilchrist
Vice Chair: Erika Donner
Secretary: Lacee Anderson
Treasurer: Christina Webber

2. Council Meetings: The Section Council, consisting of 12 elected council members, 4 current officers, and the immediate past chair as council member ex officio, met monthly during the fiscal year from September through June.

3. Section Finances: Thomas Woessner served as Treasurer for the Section. Section finances remain strong with a fund balance of over $54,000 as of the most recent statement.

4. CLE Programs: Minnesota CLE and the Section jointly sponsored the 33rd Annual Probate and Trust Law Conference at the St. Paul RiverCentre on June 11 and 12, 2007. More than 700 registrants attended presentations by an outstanding collection of national and local speakers. Vince O’Brien, from Minnesota CLE, and the members of our Education Committee all deserve special thanks for their work in planning this event.

On April 23, 2007 the Section sponsored a lunch time CLE on trust and estate litigation held at Dorsey & Whitney, LLP. About 90 lawyers attended the program, 12 of whom participated by conference call. This program has been successful the last few years, so the Council is planning to expand it to three lunch time CLEs next year.

5. Legislative Developments: This year’s probate bill was primarily technical in nature and was limited to a minor amendment of Minnesota Statutes §48A.03, subd. 5 (relating to Limited Purpose Companies) to update the terminology used to refer to a guardian of the person, conservator of the estate or personal representative of an estate. Mary Shearen and Joyce James co-chaired the Legislation Committee this year and will continue to do so next year. Some of the other activities of the Legislation Committee included opposing an estate tax valuation bill and a Minnesota gift tax bill that were not enacted this year. Other issues being studied by the Committee include proposed legislation to clarify valuation issues for purposes of Minnesota and federal estate tax, the Uniform Disclaimer of Property Act, the Uniform Management of Institutional Funds Act, the Uniform Power of Attorney Act, homestead status for property held in trusts, conflicts between omitted spouse and intestacy statutes, clarification of the notice provisions for creditor claims under the probate code and the definition of children under the probate code and trust law.

6. Newsletters: Peter Hatinen continues to do a great job with publishing a newsletter for the Section twice per year. This year’s newsletters contained state and federal legislative updates, a list of Section activities and volunteer opportunities and the names of the section officers and committee chairs.

7. Taxation Committee: Scott Nelson continues as the chair of the Taxation Committee. The Committee meets on a periodic basis to discuss federal taxation issues that may impact the section and reports at the Section Council meetings.

8. Consumer Protection Committee: Bob McLeod chaired this committee and lead our Section’s response to complaints received by certain senior citizens who had been victims of a deceptive scheme involving the sale of living trusts or annuities. We forwarded those complaints to the Attorney General’s office which commenced a lawsuit against the companies involved. The Section then sent out a notice to its members in an effort to assist the Attorney General’s office in spreading the word among trusts and estates attorneys.

9. Greater Minnesota Committee: I chaired the Greater Minnesota Committee which continues to coordinate a study group comprised of trusts and estates attorneys outside of the Twin Cities area. The study group currently consists of 12 members who communicate monthly using the conference call services of the MSBA.

Two members of the Committee (JoEllen Doebbert and I) participated in a MSBA sponsored CLE in Detroit Lakes in October, 2006 and made a one hour presentation regarding medical assistance and IRA law changes.

10. Technology Committee: Richard D. Bunin and Derrick C. Doerr continued as co-chairs of the Technology Committee. They are working to enhance the Section’s web page that appears on the MSBA website by adding links to various websites that will be of practical use to the Section’s members.

11. Gene Daly Award: Andrea Breckner once again chaired the nominating committee for the Gene Daly Award. At the annual meeting of the Section, the Council awarded the Gene Daly Award (for outstanding contributions to the trust and estate practice over an extended period of time) to Gary McDowell of Lindquist and Vennum.

12. Amicus Brief: The Section sponsored an Amicus Brief filed in the appeal of the Enright v. Lehman case which dealt with the application of the Minnesota Multi-Party Account Act to the rights of the joint owners during their lifetimes. Appellate attorneys for the Rider Bennett firm (now practicing with Briggs & Morgan) volunteered to write the brief on a pro bono basis.

13. Wills for Heroes: Susan Link and Kip Steincross co-chaired a committee of Section members who worked for about a year putting together the forms, software, licenses, equipment and volunteers to put on this pro bono program. Volunteers will provide simple wills, powers of attorney and health care directives for first responders with estates worth less than $500,000. The first program was put on at the Lino Lakes Police Department on June 25. We anticipate that the program will be expanded next year to offer similar services to first responders in other communities around the state.

14. Annual Meeting and Election of Officers: The annual meeting of the Section was held on June 12, 2007 at the St. PaulRiver Centre during the Section Conference. At this meeting, the following persons were elected as officers for the upcoming fiscal year:

            Chair: Melinda K. Greer
            Vice Chair: Dale J. Schoonover
            Secretary: Robert A. (Bob) McLeod
            Treasurer: Thomas J. Woessner

Mission and Goals for 2006-2007: To monitor and comment upon pending tax legislation, regulations and court rules; inform practitioners of developments through continuing education programs and the quarterly newsletter; and promote communication with governmental organizations involved in developing, interpreting, and enforcing tax law, including the Minnesota Department of Revenue and the IRS.

Tax Council and Officers: The governing body of the Tax Law Section is the Tax Council, which consists of twelve members. Members are limited to two full two-year terms (which excludes partial terms of members elected to fill a vacancy and complete an unexpired term). Below is a list of the 2006-2007 Tax Council members and officers:
2006-2007 Tax Council

First complete term expires 6/30/07:

Gina DeConcini
Deloitte & Touche
120 South Sixth Street #400
Minneapolis, MN 55401

Peter Fuchsteiner
Gray Plant Mooty
1010 W. St Germain St. # 600
St. Cloud, MN 56301-0966

Tom Muck
Fredrikson & Byron
220 South Sixth Street #4000
Minneapolis, MN 55402-1425

Christina Cook,
Mid-MN Legal Assistance
430 1st Avenue N,
Suite 300
Minneapolis, MN 55401

Jed Larkin,
3M
3M Center Bldg
St Paul, MN
55144-1000

Patrick Butler,
Moss & Barnett, PA
90 S. 7th St. #4800
Minneapolis, MN 55042

Barry Clegg,
Gray Plant Mooty
500 IDS Center
80 South Eight St.
Minneapolis, MN 55402

Jerry Geis
Briggs & Morgan
2200 First National Bank Bldg
332 Minnesota Street
St. Paul, MN 55101

Heather Broneak
University of Minnesota
Room 204E
WBOB
1300 South Second Street
Minneapolis, MN 55454

Yuri B. Berndt
Moss & Barnett
90 South Seventh Street #4800
Minneapolis, MN 55402

Terrance Costello
Lindquist & Vennum, PLLP
80 S. Eighth Street, #4200
Minneapolis, MN 55402
(Replacement Term)

Bob Stuart
Fredrikson & Byron
220 South Sixth Street #4000
Minneapolis, MN 55402

2005-2006 Officers
Chair: Yuri B. Berndt
Vice Chair:      Bob Stuart
Treasurer:       Heather Broneak
Secretary:       Gina DeConcini

Tax Council Meetings: The Tax Council held eight regular meetings during the 2006-2007 fiscal year, from September through May. These meetings were open to the entire membership of the Tax Section. Section members were invited to attend and informed of the schedule of meetings and speakers through e-mail, the Tax Section News, the Section's home page on the web, and at Section events such as the Section's annual Tax Institute. Most meetings included speakers and one hour of CLE credit. Speakers included:
·      The Honorable Judge Stephen J. Swift of the U.S. Tax Court
·      Kristin Hickman, University of Minnesota
·      Terese Mitchell, Dwight Remmers, and Loretta Nunn, Minnesota Revenue
·      Steve Kaplan, Fredrikson & Byron
·      Joel Michael, Staff Coordinator- Research Department, Minnesota House of Representatives
·      State Senator Mee Moua
·      Chief Judge George Perez, Minnesota Tax Court.
In addition to providing updates to attendees, the meetings generated some interesting and frank discussion among section members regarding several current federal and state tax issues.

Annual Section Meeting: The Tax Law Section held its annual meeting on June 6, 2007, at the University Club in St. Paul, in conjunction with the Section's Annual Judges Conference and Seminar. Nina Olson, the National Taxpayers Advocate was the key note speaker at this event. In addition, John Windhorst, Jr. received the Tax Section’s Distinguished Service Award at the Judges Conference.

The following individuals were elected to the Tax Council or will be continuing completing a two-year term during 2007-2008:
First complete term expires 6/30/09

Lisa Schultz
Cargill Incorporated
Tax Department
P.O. Box 5626
Minneapolis, MN 55440-5626

Duane Schroeder
341 Halsey Av NE
Buffalo, MN 55313

Allison Woodbury Leppert
Leonard, Street & Deinard
150 South 5th Street, #230
Minneapolis, MN 55402

Christina Cook
Mid-MN Legal Assistance
430 1st Avenue N,
Suite 300
Minneapolis, MN 55401

Jed Larkin
3M
3M Center Bldg
St Paul, MN
55144-1000

Patrick Butler
Moss & Barnett, PA
90 S. 7th St. #4800 Minneapolis, MN 55042

Barry Clegg
Gray Plant Mooty
500 IDS Center
80 South Eight St.
Minneapolis, MN 55402

Gina DeConcini
Deloitte & Touche
120 South Sixth Street #400
Minneapolis, MN 55401

Terrance Costello
Lindquist & Vennum, PLLP
80 S. Eighth Street, #4200
Minneapolis, MN 55402

Tom Muck
Fredrikson & Byron
220 South Sixth Street #4000
Minneapolis, MN 55402-1425

Jerry Geis
Briggs & Morgan
2200 First National Bank Bldg
332 Minnesota Street
St. Paul, MN 55101

Heather Broneak
University of Minnesota
Room 204E
WBOB
1300 South Second Street
Minneapolis, MN 55454

2007-2008 Officers
Chair: Heather Broneak
Vice Chair:      Christina Cook
Treasurer:       Gina DeConcini
Secretary:       Pat Butler

Continuing Education Programs: The section sponsored two formal CLE seminars. In November 2006, approximately 160 attendees attended the 66th Annual Tax Institute organized with Minnesota CLE (9.75 CLE credits, including breakout options for 1.0 of ethics credit and 1.0 of elimination of bias credit). We have tentatively scheduled the 2007 Tax Institute for November 5 and 6, 2007.

In June 2007, more than 85 attendees attended the annual Judges Conference and Seminar (3.00 CLE credits).

Tax Section News: Dan Kidney, KPMG, and Anne Westerlund served as co-editors for the Tax Section News during this past year. In addition to providing section members with information on section activities and agency developments, the Tax Section News featured articles dealing with tax law developments as a result of recent court cases.

Monitoring and Responding to Developments: The Tax Council monitored administrative and legislative tax law developments at the federal and state levels. The Tax Council monitored the patenting of tax advice and its impact on tax practitioners in Minnesota as well as throughout the country.
New Lawyers Liaison: Matt McKimm of Briggs & Morgan and Ben Britton of General Mills served as the Section’s New Lawyer Liaisons. Matt and Ben provided timely information and ideas regarding inclusion of New Lawyers into the Tax Section.
New Ideas Committee: The New Ideas committee chaired by Don Brown provided the Tax Council with a list of ideas that could be used as a springboard for increasing membership and increasing the services provided by the Tax Section. The list of ideas include: (i) additional CLE (with 2 hours of CLE credit) and having meetings outside of downtown Minneapolis, (ii) sponsor New Lawyer Section social, (iii) membership survey, and (iv) fall open house at Minnesota Revenue.