Winthrop & Weinstine, P.A.

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Capella Tower, Suite 3500
225 South Sixth Street
Minneapolis, MN 55402, United States
Contact: Gretchen Milbrath, Director of Business Development and Marketing
Phone: 612-604-6640
Fax: 612-604-6940
Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Minnesota
Number of Attorneys
100+ Attorneys

Emily Johnson Piper Appointed As Commissioner of The Minnesota Department of Human Services

On Monday, December 7, 2015, Governor Mark Dayton appointed his Office’s General Counsel Emily Johnson Piper to take the helm of the Minnesota Department of Human Services (“DHS”). Ms. Piper will replace outgoing Human Services…more

Administrative Appointments, DHS

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Dubious Patent Trolls and a Crowdfunded Infringement Defense

We’ve spent time discussing the patent troll phenomenon in the past. Patent trolls are less pejoratively referred to as non-practicing entities, because they do not make or use the inventions covered by their patents. Instead,…more

Crowdsourcing, Defense Strategies, Non-Practicing Entities, Noninfringement, Patent Infringement

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TICK DIFFERENT – But Apparently Not All That Different?

The irony of trademark clearance – even if a trademark espouses a unique message, it may not be all that unique. Swiss watchmaker Swatch AG finds itself embroiled in another trademark dispute with Apple, Inc. – this time,…more

Advertising, Apple, Foreign Trademark, Slogans, Tagline

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A Steep Climb to Own a One Word Mark?

The grocery aisles are fertile grounds for my keyboard, as you know. And, while I’m generally far more interested in coffee grounds than tea leaves (unless we’re speaking of the iced variety or reading between the lines of court…more

Fair Use, Trademark Registration, USPTO

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Erroneous UCC-3 Termination Leads to Disastrous Consequences

In a recent decision, a U.S. Court of Appeals held that the filing of a UCC-3 termination statement in a relatively simple payoff transaction between General Motors and a lender was still considered "authorized," despite the…more

Appeals, Commercial Bankruptcy, General Motors, Lenders, Perfected Security Interest

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What Famous Quarterback Named Elisha Allegedly Provided Fake Helmets To Sports Dealers?

Elisha is the two time Super Bowl MVP New York Giants quarterback Eli Manning. Collecting equipment used, or uniforms worn, during an NFL game is big business. Young and old alike want these items to feel close to their…more

Athletes, Criminal Investigations, Football, Indictments, RICO

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MN Supreme Court: Creditors May Void Fraudulent Transfers of Assets in Uncontested Divorces

On July 9, 2014, in Citizens State Bank Norwood Young America v. Gordon Brown, et al., the Minnesota Supreme Court held that Minnesota's Uniform Fraudulent Transfer Act ("MUFTA") may be applied to transfers of assets made as a…more

Debt, Debtors, Divorce, Fraud, Fraudulent Transfers

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MLB: A Monopoly on “Baseball”?

The weather is finally getting warmer up here in Minnesota and it’s a great time to watch baseball, as I’ve been doing frequently of late. It’s been fun watching my home team, the Twins, enjoy a strong start to the season…more

Design Trademarks, Likelihood of Confusion, MLB, Trademark Opposition Proceedings, Trademark Trial and Appeal Board

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Ten Questions to Consider Before Granting Equity to Employees

Granting employees equity can be a great way to reward and motivate employees. Most employees will work harder once they have some skin in the game. However, granting equity can be complicated and it's easy to make mistakes…more

Co-Ownership, Employee Benefits, Equity Plans, ERISA, Securities Litigation

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Consumer Agreement Audits: Reduce Risk Posed by Financial Aggregators and Cyber Attacks

Has your banking organization conducted its annual review of its electronic banking agreements? If you haven’t, your organization may want to consider whether revisions are required to your bank’s deposit agreements, online…more

Bank Accounts, Banking Sector, Cyber Threats, Cybersecurity, Data Breach

See all updates »

Minnesota Lobbyist Principal Reports Due Wednesday, March 15, 2017

In accordance with the Minnesota Campaign Finance and Public Disclosure Act, all lobbyist principals must file an Annual Report with the Minnesota Campaign Finance and Public Disclosure Board ("Board") on or before March 15,…more

Annual Reports, Lobbyists, Public Disclosure

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Cover The Earth…With a Brand Refresh

I spent much of Saturday morning watching Warren Buffett and Charlie Munger at the annual Berkshire Hathaway shareholder meeting. I have previously made the pilgrimage to Omaha, waiting outside before dawn with a plan for our…more

Brand, Logos, USPTO

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Final Rules Issued on Information Reporting for Employers and Insurers Under the ACA

Today, the U.S. Department of the Treasury and the Internal Revenue Service published Final Rules to implement the information reporting provisions for insurers and certain employers under the Affordable Care Act ("ACA"), which…more

Affordable Care Act, Employer Mandates, Healthcare, Pay or Play, Shared Responsibility Rule

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Asserting a Tribal Sovereign Immunity Defense, Even Where the Tribe has Contractually Waived its Immunity

The doctrine of sovereign immunity acts as a powerful protection for any sovereign entity. By prohibiting the courts from adjudicating whether or not the sovereign party breached a contract, committed a tort, or otherwise…more

Sovereign Immunity, Tribal Governments, Waivers

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The Modern Family and the Modern Estate

Practitioners Need to be Aware of Changing Trends - The removal of the estate and gift tax curtain is exposing what was always clients’ true concern: how to provide for the ultimate well-being of their families. No longer…more

Estate Planning, Estate Tax, Gift Tax

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Session Closing Chaos: Special Session in the Wings

In the waning hours of the 2016 legislative session, lawmakers wrapped up a supplemental budget and a tax bill, but failed to pass a comprehensive transportation package, a bonding bill, and a plan for implementing federal Real…more

Infrastructure, Legislative Agendas, REAL IDs, State Budgets, State Funding

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Winthrop & Weinstine Summary of Revenue Procedure 2014-12

Scope of the Guidance & General Information - 1. Application of the Guidance is limited to allocations of HTC from Buildings that are placed in service on or after December 30, 2013. 2. This means the Guidance does…more

Income Taxes, Net Investment Income, Safe Harbors, State Taxes, Tax Credits

See all updates »

Erroneous UCC-3 Termination Leads to Disastrous Consequences

In a recent decision, a U.S. Court of Appeals held that the filing of a UCC-3 termination statement in a relatively simple payoff transaction between General Motors and a lender was still considered "authorized," despite the…more

Appeals, Commercial Bankruptcy, General Motors, Lenders, Perfected Security Interest

See all updates »

Minnesota Lobbyist Principal Reports Due Wednesday, March 15, 2017

In accordance with the Minnesota Campaign Finance and Public Disclosure Act, all lobbyist principals must file an Annual Report with the Minnesota Campaign Finance and Public Disclosure Board ("Board") on or before March 15,…more

Annual Reports, Lobbyists, Public Disclosure

See all updates »

Winthrop & Weinstine Summary of Revenue Procedure 2014-12

Scope of the Guidance & General Information - 1. Application of the Guidance is limited to allocations of HTC from Buildings that are placed in service on or after December 30, 2013. 2. This means the Guidance does…more

Income Taxes, Net Investment Income, Safe Harbors, State Taxes, Tax Credits

See all updates »

Erroneous UCC-3 Termination Leads to Disastrous Consequences

In a recent decision, a U.S. Court of Appeals held that the filing of a UCC-3 termination statement in a relatively simple payoff transaction between General Motors and a lender was still considered "authorized," despite the…more

Appeals, Commercial Bankruptcy, General Motors, Lenders, Perfected Security Interest

See all updates »

Another Shot Across The Virtual Bow

This post is a follow-up to my post a couple weeks ago regarding the Zenimax v. Oculus case. As expected, Zenimax filed its motion for an injunction on February 23. The motion itself pulls no punches. It directly and angrily…more

Attorney's Fees, Copyright Infringement, Injunctions, Jury Verdicts, Motion for Judgment

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Winthrop & Weinstine Summary of Revenue Procedure 2014-12

Scope of the Guidance & General Information - 1. Application of the Guidance is limited to allocations of HTC from Buildings that are placed in service on or after December 30, 2013. 2. This means the Guidance does…more

Income Taxes, Net Investment Income, Safe Harbors, State Taxes, Tax Credits

See all updates »

Erroneous UCC-3 Termination Leads to Disastrous Consequences

In a recent decision, a U.S. Court of Appeals held that the filing of a UCC-3 termination statement in a relatively simple payoff transaction between General Motors and a lender was still considered "authorized," despite the…more

Appeals, Commercial Bankruptcy, General Motors, Lenders, Perfected Security Interest

See all updates »

Consumer Agreement Audits: Reduce Risk Posed by Financial Aggregators and Cyber Attacks

Has your banking organization conducted its annual review of its electronic banking agreements? If you haven’t, your organization may want to consider whether revisions are required to your bank’s deposit agreements, online…more

Bank Accounts, Banking Sector, Cyber Threats, Cybersecurity, Data Breach

See all updates »

Winthrop & Weinstine Summary of Revenue Procedure 2014-12

Scope of the Guidance & General Information - 1. Application of the Guidance is limited to allocations of HTC from Buildings that are placed in service on or after December 30, 2013. 2. This means the Guidance does…more

Income Taxes, Net Investment Income, Safe Harbors, State Taxes, Tax Credits

See all updates »

The Unfortunate Renaming of U.S. Cellular Field

I grew up with the White Sox playing in Comiskey Park, then after they tore that down, New Comiskey Park. In 2003 that changed to U.S. Cellular Field. Now, it’s undergoing another name change – Guaranteed Rate Field. Now I don’t…more

Brand, Logos, Sponsors, Sports

See all updates »

Winthrop & Weinstine Summary of Revenue Procedure 2014-12

Scope of the Guidance & General Information - 1. Application of the Guidance is limited to allocations of HTC from Buildings that are placed in service on or after December 30, 2013. 2. This means the Guidance does…more

Income Taxes, Net Investment Income, Safe Harbors, State Taxes, Tax Credits

See all updates »

Federal Judge Suspends FLSA Overtime Rule

On November 22, 2016, just 10 days before the Department of Labor’s final rule on overtime exemptions was to become effective, a federal judge in Texas issued a preliminary injunction halting its implementation…more

FLSA, Minimum Salary, Minimum Wage, Over-Time, Preliminary Injunctions

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Federal Judge Suspends FLSA Overtime Rule

On November 22, 2016, just 10 days before the Department of Labor’s final rule on overtime exemptions was to become effective, a federal judge in Texas issued a preliminary injunction halting its implementation…more

FLSA, Minimum Salary, Minimum Wage, Over-Time, Preliminary Injunctions

See all updates »

June Special Session?

Gov. Mark Dayton rejected a $259 million tax cut bill at midnight Tuesday by declining to sign it (pocket veto). The Omnibus Tax Bill would have delivered new credits, exemptions and deductions for farmers, businesses and…more

Bonds, Governor Dayton, Governor Vetoes, Legislative Agendas, Property Tax

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SEC Approves New Crowdfunding Rules

Fulfilling a promise made more than three and a half years ago, on Friday the SEC approved final rules for Regulation Crowdfunding ("Reg CF"), the last remaining component of the JOBS Act of 2012. Reg CF aims to create a…more

Amended Regulation, Capital Raising, Comment Period, Crowdfunding, Emerging Growth Companies

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Bank Held in Contempt for Failing to Return Collateral Repossessed Before Bankruptcy

Most lenders know that a bank cannot repossess collateral after a borrower files bankruptcy unless the bank first obtains relief from the automatic stay. But can a bank retain collateral that it repossessed before the…more

Automatic Stay, Collateral, Contempt, Repossess

See all updates »

SEC Approves New Crowdfunding Rules

Fulfilling a promise made more than three and a half years ago, on Friday the SEC approved final rules for Regulation Crowdfunding ("Reg CF"), the last remaining component of the JOBS Act of 2012. Reg CF aims to create a…more

Amended Regulation, Capital Raising, Comment Period, Crowdfunding, Emerging Growth Companies

See all updates »

Bank Held in Contempt for Failing to Return Collateral Repossessed Before Bankruptcy

Most lenders know that a bank cannot repossess collateral after a borrower files bankruptcy unless the bank first obtains relief from the automatic stay. But can a bank retain collateral that it repossessed before the…more

Automatic Stay, Collateral, Contempt, Repossess

See all updates »

Welcome to the (Courthouse) Hotel California

While it may be a lovely place, the Eagles are not too keen on a small hotel in Todos Santos, Mexico and its use of the name HOTEL CALIFORNIA. After opposing the hotel’s trademark application last January, the band earlier this…more

Hotels, Music Industry, Trademark Infringement, Trademark Opposition Proceedings, Trademark Registration

See all updates »

Winthrop & Weinstine Summary of Revenue Procedure 2014-12

Scope of the Guidance & General Information - 1. Application of the Guidance is limited to allocations of HTC from Buildings that are placed in service on or after December 30, 2013. 2. This means the Guidance does…more

Income Taxes, Net Investment Income, Safe Harbors, State Taxes, Tax Credits

See all updates »

Protecting Non-Functional Product Design Features Through The Entire Life Cycle: From Conception to Grave

IP protection for product designs is typically found in a combination of one or more of the following protective mechanisms..…more

Design Patent, Patents, Trade Dress, Trade Secrets, USPTO

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Federal Judge Strikes Down Minnesota Energy Law

A federal judge, in a ruling issued today, struck down a portion of Minnesota’s Next Generation Energy Act (NGEA) because it violates the Commerce Clause of the U.S. Constitution by attempting to regulate the generation of…more

Commerce Clause, Energy Sector

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Winthrop & Weinstine Summary of Revenue Procedure 2014-12

Scope of the Guidance & General Information - 1. Application of the Guidance is limited to allocations of HTC from Buildings that are placed in service on or after December 30, 2013. 2. This means the Guidance does…more

Income Taxes, Net Investment Income, Safe Harbors, State Taxes, Tax Credits

See all updates »

To Search or Not to Search

Inditex – the parent company of fashion giant Zara – sued a small New York-based brand over the use of the mark Zara Terez (“ZT”). Zara Terez was launched in 2008 by friends Zara Terez Tisch and Amanda Schabes. The complaint…more

Dilution, Likelihood of Confusion, Trademark Searches, Trademarks, USPTO

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End of the Line-Almost….

In the waning days of the 2016 session, Gov. Mark Dayton and top lawmakers still haven’t reached agreements on the biggest outstanding issues. …more

Budget Surplus, Government Bonds, Governor Dayton, Legislative Agendas, State Budgets

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