Note from the Editors
By Joe Bourne and Jeff Mulder
Welcome to the Winter 2014 edition of Hearsay. We at Hearsay are excited about this issue and the year ahead for the Minnesota bar. Hearsay is dedicated to publishing the work of Minnesota’s new lawyers. In this issue you will find articles about tax increment financing, recent changes in estate and gift tax laws, the FCC’s new express consent amendment to the Telephone Consumer Protection Act, and the issues posed by out of state relocations in child custody cases. If you are interested in submitting to a future edition of Hearsay, please contact Joe Bourne or Jeff Mulder.
Greetings from the Chair
Greetings New Lawyers!
By Margaret Jennings Meier
It’s hard to believe we’re halfway through the bar year. We’ve got great momentum going and I’m looking forward to a strong second half. As John F. Kennedy said, “Leadership and learning are indispensable to each other,” so I am particularly enthusiastic about our upcoming 2014 New Lawyers Leadership Conference (“NLLC”). It has a new name but includes the same outstanding (and award-winning) programming with a lot of new features designed to prepare and inspire Minnesota’s next generation of state bar leaders. Read more...
No Hearing Necessary for Out-of-State Moves (Maybe)
By Michael P. Boulette
In an increasingly mobile world, families find themselves moving across state lines in pursuit of greener pastures. Out-of-state relocations pose a particular problem in child custody cases, where the left-behind parent may object to his or her child moving out of state with the other parent. Until relatively recently, the parent with sole physical custody was granted a presumptive right to relocate, subject to challenge only if the non-custodial parent could present a prima facie case that the move would endanger the child. See Auge v. Auge, 334 N.W.2d 393 (Minn. 1983). If the noncustodial parent succeeded in presenting a prima facie case, the Court held an evidentiary hearing to determine the issue. Read more...
Opportunities in the Recent Estate and Gift Tax Laws
By Andrew Howard
Over the past two decades estate and gift tax laws have undergone significant changes; 2013 was no exception. With each change, attorneys, both young and old, must learn new laws and adapt their planning recommendations to provide the best results for clients. Young attorneys should see this as an opportunity to become experts on the new law. This article will briefly describe several of the recent Federal and Minnesota law changes that will affect estate planning. The article will also highlight several issues that Minnesota attorneys should consider when drafting new estate plans and reviewing existing plans. Read more...
Tax Increment Financing: What’s that?
By Daniel S. Willing
Business is booming in Minnesota. Minneapolis has the second highest concentration of Fortune 500 companies per capita in the country. 1 While a laudable accomplishment, it begs the question why? What are we doing as a state to draw in business? Could it be favorable tax policy? Minnesota is ranked near the bottom, 47 out of 50 states, on the Business Tax Climate index.2 The state’s dismal ranking is because Minnesota levies corporate, individual, and sales taxes on its residents, and not in small amounts. Read more...
The FCC’s recent express consent amendment to the Telephone Consumer Protection Act
By Jessica L. Klander
On October 16, 2013, the Federal Communications Commission (“FCC”) amended its ruling regarding consent under the Telephone Consumer Protection Act (“TCPA”). 47 USC § 227, et seq. There is a lot of confusion about what the amendment means for the telemarketing and debt collection industries. For some, the change is significant. For others, it has no impact. Read more...
New Lawyers Leadership Conference | April 11, 2014