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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Such a Nasty Trademark

After the last presidential debate, the Republican nominee’s “such a nasty woman” utterance led to somewhat of a rallying cry. Within minutes, #Nastywoman was trending across social media, and streaming of Janet Jackson’s…more

Donald Trump, Popular, Presidential Elections, Trademark Application, Use in Commerce

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ORAL B Wireless Floss?

I recently purchased a post-holiday present (for myself) – Apple’s AirPods, wireless headphones designed to integrate with Apple’s various products, including the iPhone 7 (which, helpfully, discarded the headphone jack in the…more

Dilution, Etsy, Lanham Act, Proctor & Gamble, Takedown Notices

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When Less is More

Love the simplicity and honesty of this sign, captured on vacation, in a cozy crepe spot (had to get out of my chair and walk across the dining room to read the smaller print, well worth the steps)..…more

Corporate Branding, Marketing

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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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It Is Not All In The Family

Although a precedential decision allowing a “Family of Marks” to be considered in the context of an ex parte prosecution of an application that has been refused under Section 2(e)(1) to show acquired distinctiveness, this ruling…more

Acquired Distinctiveness, Lanham Act, Little Caesars, Trademark Application

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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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What’s in a name? Registration obtained for “Johnny Hockey”

Applying for a federal trademark registration for a name or nickname can be tricky business. For example, the registration of a mark is prohibited if it is “primarily merely a surname,” meaning that the primary significance of…more

Acquired Distinctiveness, Athletes, Lanham Act, Merchandising Rights, NHL

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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

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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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“Pardon Me, PORTON,” says PATRON, “But We Heard You”

Pisco is a light-colored brandy traditionally produced in portions of Peru and Chile.  One brand that offers this product in the United States is PISCO PORTÓN (the later word meaning “gate” in Spanish)…more

Breweries, Distilleries, Laches, Likelihood of Confusion, Trademark Registration

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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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Minnesota 2016 Election Summary

The Donald Trump wave that swept the Midwest certainly had an impact in Minnesota. As of Wednesday morning, Hillary Clinton led Donald Trump in Minnesota by 46.4% to 45%, a margin of only 43,000 votes in what had been…more

Constitutional Amendment, Election Results

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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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Does (Real) Life Imitate (Video Game) Art?

The cause and effect relationship between art and culture has been a long-debated topic. Does art depict what actually exists in our culture, or does the art dictate what exists. It’s a classic chicken/egg debate. And this…more

Donald Trump, Historical Research, Video Games

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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

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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

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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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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

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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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The Chargers leave San Diego, but will they leave the brand too?

According to recent reports, the Chargers will announce this week that they are leaving sunny San Diego for also sunny Los Angeles. Over a short two year span, Los Angeles will have gone from zero NFL teams to two NFL teams, as…more

Football, Intent-to-Use, NFL, Rebranding, Trademark Application

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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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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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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

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