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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Trans-Pacific Intellectual Property

The Trans-Pacific Partnership (TPP)—a favored talking point among our presidential hopefuls—is an international trade agreement between twelve nations. The agreement was signed earlier this year, but is not yet ratified in most…more

Intellectual Property Protection, Trans-Pacific Partnership, Treaties

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The Olympic Branding Blackout

Has there been a more constant presence at the Rio Olympics than #brands? I saw it everywhere, from the Polo-branded opening ceremony garb (met with the requisite outrage) to Michael Phelps’ “MP” branded swimwear (of…more

Advertising, Athletes, Brand, Logos, Nike

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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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Welcome to the Hotel Chicago Dispute

Although not the title to an Eagles’ song like “Hotel California,” Hotel Chicago is in the news as it is at the heart of a trademark dispute. As I was booking a room at the Fairmont in Chicago for next month, I must admit I…more

Generic, Intent-to-Use, Marriott, Trademark Registration, 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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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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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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Attorneys Getting Crafty About Firm Names

I consider myself to be, among other things, a craft beer attorney. I enjoyed speaking last week at the Midwest Craft Brewers Conference as part of a great panel on brand positioning, trademarks, and the use of social media in…more

Brand, Breweries, Descriptive Trademarks, Trademark Opposition Proceedings, Trademarks

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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 Tabled

After meeting with legislative leaders, Governor Dayton announced yesterday that he is abandoning his efforts to forge an agreement on an agenda for a special legislative session. There appears to be general agreement on the…more

General Elections, Governor Dayton, Governor Vetoes, Legislative Agendas

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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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Pokemon GO or Pokemon No?

Unless you’ve been living under a Geodude this past month, you’ve no doubt been exposed (either willingly or unwillingly) to some part of the current social media/mobile gaming sensation, Pokemon GO. Niantic’s new “catch ’em…more

Data Collection, Geolocation, Mobile Apps, Nintendo, Pokemon

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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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Champagne Velvet – A Brand Resurrected

I was in Indiana this past weekend and, as per my custom when in the Hoosier State, I went to pick up one of my preferred Hoosier brews. Right near the Upland Dragonfly was a six-pack of Champagne Velvet with a scribble at the…more

Beer, Brand, Breweries

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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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With 5,000,000 Registrations in the Books, What’s Next?

Two months ago we discussed the impending issuance of U.S. Trademark Registration Number 5,000,000. That milestone has now come and gone, with Reg. No. 5,000,000 issuing on July 12, 2016. Ladies and gentlemen, I give you,…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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