Estate Planning–Not Just for the Wealthy
Prince’s death is now being overshadowed by his apparent lack of a will. Prince’s sister filed a Petition for the Appointment of Special Administrator for the artist’s estate stating she had no knowledge of a will and no reason to believe Prince had one. The absence of estate planning means Prince’s estate could be embroiled in legal disputes for years to come. Proper estate planning not only minimizes tax liability, but also ensures the decedent’s wishes are carried out. Having a proper will and estate plan determines what will happen with your assets and property when you die and planning for tax... Read More
Expungement: Eligibility if Convicted of a Felony
We recently highlighted the process of criminal expungement. As noted in that article, not all crimes are eligible for expungement. A felony-level conviction is eligible only if it is listed in the expungement statute itself. But most petty misdemeanors, misdemeanors, and gross misdemeanors qualify for expungement after a period of time. So what happens if you are convicted of a felony-level crime that is not listed in the expungement statute but, because of a favorable sentence like a stay of imposition, the conviction is deemed a misdemeanor or gross misdemeanor after successful completion of probation? Are you eligible for expungement... Read More
Arbitration Clauses–Good and Bad
Mandatory binding arbitration clauses are now found in a vast majority of consumer contracts, ranging from credit card and cell phone agreements to real estate purchase agreements and car rental agreements. In recent years there has been an expansion of arbitration clauses in the employment setting and with medical providers and nursing homes. Arbitrations became popular dating back to the early 1920’s. The courts favor arbitration agreements and they are generally enforced. The downside to arbitration clauses are: Loss of a right for a jury trial, a trial of your peers; Limitation on appellate review; Arbitrations are generally confidential; Arbitration... Read More
Fighting for Your Rights
In 2014, Minnesota joined several states to offer compensation to persons who served time in prison for a crime they did not commit. Wrongful convictions have been on the rise lately, thanks in large part to state “innocence projects” and have gained particular attention with the Netflix series, “Making a Murderer.” Attorneys Joseph Gangi and Daniel Bellig currently have an appeal pending before the Minnesota Court of Appeals, challenging application of the new compensation statute. A judge denied an award of compensation to a person who was declared innocent by the Minnesota Supreme Court. As written, the compensation statute requires... Read More
Fire Investigations–Origin and Cause Analysis
According to the National Fire Protection Association (NFPA), fires in the United States in 2012 resulted in an estimated $11.5 billion in direct property loss. With the staggering exposure to life and property, the cause of every fire and exposure must be carefully investigated. The recent fires in Madelia highlight not only the loss in terms of property, but loss to a community. Fire investigation is sometimes referred to as the origin and cause of fire investigation. It is the analysis of fire-related incidents in an attempt to determine the origin and cause of a fire or explosion. Fire investigations are... Read More
Court Orders Apple, Inc. to Create New Technology Undermining its Encryption
On February 16, 2016, a United States Federal Magistrate in California issued an order igniting a nation-wide debate over privacy and data security. Apple notes while it believes the FBI’s intentions are good, what the FBI seeks has considerable implications. The FBI using an obscure law, the All Writs Act of 1789, obtained an order from the Federal Court compelling Apple to make a new version of the iPhone operating system, removing security features and developing new software capabilities to the operating system bypassing all encryption. Apple is being ordered to create new technology to undermine its privacy-protection encryption. According to... Read More
Death of U.S. Supreme Court Justice Antonin Scalia
With the death of Justice Antonin Scalia, there has been quite a lot of debate regarding President Obama’s intentions to nominate a replacement. Can he do this in the last year of his Presidency? The simple answer is found in the very text of the U.S. Constitution, Article II, Section 2, which states that the President shall nominate and appoint judges to the Supreme Court, by and with the advice and consent of the Senate. There is nothing in the text of the Constitution that limits a President’s nomination power to the first three years of the Presidency, or any... Read More
Expungement: Sealing Criminal Records
Criminal expungement is the process of going to court and asking a judge to seal court criminal records. People ask for an expungement when they have been denied a job, housing, or professional license because of their criminal background. Minnesota Statutes § 609A.02 lists specific situations when a court has the authority to seal government-held records. This list includes: Some first time drug possession offenses; Offences committed by juveniles who are prosecuted in adult criminal court; Cases that were resolved in your favor where you were found not guilty or where the case was dismissed; Petty misdemeanors, misdemeanors, and some... Read More
Madelia Office
Farrish Johnson Law Office in Madelia did not sustain any damage in the recent fire downtown. The building, client information and personnel are safe and secure. Regular business hours have resumed February 4. Our thoughts are with the businesses, families, and individuals affected by this tragedy in our community
Privacy Cases on the Rise
Daniel Bellig, a Farrish Johnson attorney who practices in medical and data privacy, has reported an uptick of invasion of privacy claims. These include increased reports of improper accesses and dissemination of medical records, often by employees of medical providers. Daniel Bellig has tried and settled medical privacy claims. The increase of medical privacy claims has coincided with numerous incidents of government data practice violations committed by government employees in state and local agencies. The most recent data breach claims involve violation of federal privacy laws governing motor vehicle and driver licenses records. If you need further information concerning invasion... Read More