Winthrop & Weinstine, P.A.

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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Blowing the Whistle on Trade Secrets: Employers Required to Provide Notice of Whistleblower Protections under DTSA

Last month, the federal Defend Trade Secrets Act (DTSA) was signed into law. The DTSA provides remedies for trade secrets misappropriation, including a new federal cause of action, under which private companies can sue for trade…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Misappropriation, Notice Requirements

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A Faster, Sleeker Milk Jug

Another for the file of newly-registered product configuration marks: acquired distinctiveness, sold by the gallon…more

Brand, Product Packaging, Trademark Registration

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Look-For Advertising Sans the Clunky Words

We’ve written before on the subject of non-traditional trademarks and how look-for advertising can be quite helpful in not only educating consumers that a color or other design feature should stand out in their mind as…more

Advertising, Tagline, Trademark Registration, Trademarks, 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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Is It a Clean Fight?

It is no wonder that two companies manufacturing detergents would want to use the word “clean” for their products and brand. The Dial Corporation (“Dial”) owns the federally registered trademark PURECLEAN that it used to market…more

Brand, Dilution, Irreparable Harm, Trademarks

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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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State Campaign Finance Reports Due in June

June is a busy month for state campaign finance reporting! On June 14, 2016, all political committees, political funds, independent expenditure committees and independent expenditure funds are required to file a Report of…more

Campaign Contributions, Lobbyists, Reporting Requirements

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Are we entering the era of engine sound marks?

One of the biggest issues facing electric car manufacturers is how quiet they are. So quiet in fact that 60 Minutes edited in an engine roar to its Tesla story. The quiet can have dangerous consequences for pedestrians and…more

Auto Manufacturers, Copyright, Electric Vehicles, Sound Marks, Tesla

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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

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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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Special Session?

Minnesota Governor Mark Dayton spent the Memorial Day holiday weekend reviewing the details of the spending and tax bills the Legislature delivered for his signature at the conclusion of the 2016 session…more

Endangered Species Act (ESA), Governor Dayton, Legislative Agendas, New Legislation, State Budgets

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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

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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 do you mean(s) we lost?!?

Tomita Technologies USA, LLC was handed a devastating loss earlier this week in its long-enduring battle with Nintendo over stereoscopic (i.e. 3D) image technology. Back in 2013, Nintendo lost a patent infringement jury trial…more

Appeals, Nintendo, Patent Infringement, Patent Litigation, Software Patents

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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

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What Banks Need to Know About the .BANK Domain Name

As the internet continues to expand, there are new opportunities to use recently approved new domain name extensions similar to .COM, .EDU, .ORG, and .NET. One of these domain names of particular interest to financial…more

Banks, Domain Names, Financial Institutions, Internet, Popular

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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

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Jack Ma Confuses Counterfeit with Off-Brand

Jack Ma, the founder of the Chinese internet giant Alibaba, recently said that the counterfeit problem so many brands are dealing with today is primarily a result of the fact that the fakes are actually better than the…more

Alibaba, Brand, China, Counterfeiting, Fashion Branding

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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

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Employer Action Required to Ensure Continued Protection Under the New Federal Trade Secrets Act

On May 11, 2016, President Obama signed the Defend Trade Secrets Act ("DTSA") into law, which provides a federal cause of action for an employer to enforce their trade secrets. The DTSA takes effect immediately. Employers should…more

Confidentiality Agreements, Defend Trade Secrets Act (DTSA), Employer Liability Issues, Immunity, Notice Requirements

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Employer Action Required to Ensure Continued Protection Under the New Federal Trade Secrets Act

On May 11, 2016, President Obama signed the Defend Trade Secrets Act ("DTSA") into law, which provides a federal cause of action for an employer to enforce their trade secrets. The DTSA takes effect immediately. Employers should…more

Confidentiality Agreements, Defend Trade Secrets Act (DTSA), Employer Liability Issues, Immunity, Notice Requirements

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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

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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

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On the Precipice of Registration Number 5,000,000

Don’t look now, but the U.S. Patent and Trademark Office is about to hit a major milestone: we are only 24,819 registrations away from the magic number 5,000,000. The only thing more incredible than that number is the…more

Trademark Registration, USPTO

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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

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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

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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

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Service Trade Dress?

When most people of think of trade dress protection they primarily think of a good. Generally, protecting a product’s configuration, which can never be inherently distinctive, or a product’s packaging, which can be inherently…more

Entertainment Industry, Restaurant Industry, Services, Trade Dress

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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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Contact

Capella Tower, Suite 3500
225 South Sixth Street
Minneapolis, MN 55402, United States

Contact: Gretchen Milbrath, Director of Business Development and Marketing

  • 612-604-6640
  • 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

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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