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A Primer on Changes Wrought in the Wake of Justice David Lillehaug’S 2016 Article on Unpublished Appellate Decisions MITCHELL HAMLINE STUDENTS BECOME ALUMNI LEADERS

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A Primer on Changes Wrought in the Wake of Justice David Lillehaug’S 2016 Article on Unpublished Appellate Decisions MITCHELL HAMLINE STUDENTS BECOME ALUMNI LEADERS OFFICIAL PUBLICATION OF THE MINNESOTA STATE BAR ASSOCIATION VOLUME LXXVII NUMBER X NOVEMBER 2020 www.mnbar.org A primer on changes wrought in the wake of Justice David Lillehaug’s 2016 article on unpublished appellate decisions MITCHELL HAMLINE STUDENTS BECOME ALUMNI LEADERS 44% of Minnesota Court of Appeals judges are Mitchell Hamline graduates 51% of Minnesota’s district court judges are Mitchell Hamline alumni 59% of Minnesota’s county attorneys are Mitchell Hamline alumni mitchellhamline.edu/minnesota Your Rights, Our Team Unequal Pay, Sexual Harassment, Wage Theft, 401k Retirement Self-Dealing, Social Injustice EMPLOYEE RIGHTS • WAGE THEFT • 401K/ERISA • CONSUMER RIGHTS • CIVIL RIGHTS • SOCIAL INJUSTICE nka.com MINNEAPOLIS IDS Center, 80 South 8th Street, Suite 4600, Minneapolis, MN 55402 (612) 256-3200 SAN FRANCISCO 235 Montgomery Street, Suite 810, San Francisco, CA 94104 (415) 277-7235 OFFICIAL PUBLICATION OF THE MINNESOTA STATE BAR ASSOCIATION VOLUME LXXVII NUMBER X NOVEMBER 2020 www.mnbar.org 14 ‘Published’ and ‘unpublished’ revisited A primer on changes wrought in the wake of Justice David Lillehaug’s 2016 article on unpublished appellate decisions. BY Jeff MARKOWITZ AND STEPheN WARNER ON THE COVER 4 President’s Page Extend your (virtual) hand to new lawyers BY DYAN EbeRT 20 6 MSBA in Action Rules are Rules. Really. MSBA launches A high-profile federal case association health plan reminds us that court rules are not just suggestions. 8 Professional Responsibility BY DAVID F. HERR Prosecutorial ethics: Part two BY SUSAN HUMISTON 10 Law & Technology How to avoid an old scam with a new twist BY MARK LANTERMAN 12 ColleagueCorner Meet Kojo Addo 24 CANCEL Anatomy of a Privacy Policy Website privacy policies long seemed 28 Notes & Trends AGREE Landmarks in the law a mundane subject—but they’re increasingly under scrutiny as a 37 People & Practice new form of actionable contract. Member announcements BY JULIE A. LEWIS 39 Opportunity Market Classified ads 2 Bench&Bar of Minnesota s November 2020 www.mnbar.org Official publication of the Minnesota State Bar Association www.mnbar.org | (800) 882-6722 Editor Steve Perry [email protected] Art Director Jennifer Wallace Advertising Sales Pierre Production & Promotions, Inc. (763) 497-1778 MSBA Executive Council President Dyan J. Ebert President-elect Jennifer A. Thompson Treasurer Paul D. Peterson Secretary Paul Floyd New Lawyers Chair Kyle Willems a nt e Chief Executive Officer y ed Cheryl Dalby me ers i rs p a Publications Committee Judg er nt emnitve Su s ip Sh nd ei y RO ede tee Chairperson n me I T rs nsh i iff Rec s pe rus s Carol K. Lee ia ev Judg r t emnit er u T a s rd pl e n d iv S O a ip Sh In e y R ede tee Steven P. Aggergaard Re n me f T ers Gu ri nsh vi if Rec rs Trus as Emily K. Cooper a ia le Judg er t emnit e Sup s or rd p p n nd iv O ede Holly A. Fistler rti a Re i Sh me I e y TR rs tee Wood Foster Gu i in g ff s e rus Ce ar nsh v d ri Rec r T a June Hoidal ip ia le Ju nt emnitve Sup s or rd p p he ei y O ede Bethany Hurd rsh rti Re i S me Ind R rs tee Gua i sh in g ff s T e rus Henry D. Long ato Ce ar ev d ri Rec r T a ip r ian l Ju nt demnitve Sup O Malcolm P.W. Whynott tio ard p p She n ei y R ede orsh r Re hi n me I it T rs at Ce Gu ri ns i dg iff Rec n s e t p a ia ev Ju r t em er a i r rd pl he n d iv Sup O tio a ip S me In e y R ede hmen orsh r Re in g f nit T rs at Ce Gu ri nsh v d if Rec rs pe a ttac t ip ra ia le Ju r nt ve Su A tio ard p p She ndem ei y R ede © 2020 Minnesota State Bar Association men r Re hi me I it T rs h orsh Gu i in dg ff n s e Bench & Bar of Minnesota (ISSN 02761505) is published Monthly, vat Ce p ar ns ev ri t Rec er except Bi-Monthly May/June by the Minnesota ttacState Bar t i ia l WHEN Ju n v Sup A or rd p p She dem ei y Association, 600 Nicollet Mall STE 380, Minneapolis, MN 55402- men orsh rti a Re hi me In it 1641. Periodicals postage paid at St Paul, MN and additional h i s in g f n at Ce Gu r v d rif Rec rs mailing offices. Postmaster: Send address changes to Bench & rv t ip a ian le Ju t em e Attac e or rd p hePERFO iv Bar of Minnesota, 600 Nicollet Mall STE 380, Minneapolis, MN ns men rti a Rep hi S men Ind e it y 55402-1641. Subscription price: $25.00 for members which is h orsh s in g f n Co at Ce Gu ri v d if Rec included in dues. Nonmembers $35.00 per year. Some back issues ttac rv t ip a ian le Ju r nt em v available at $5.00 each. Editorial Policy: The opinions expressedA e or rd p he i ns men rti a Rep i S me R Ind e it y in Bench & Bar are those of the authors and do not necessarily h orsh Gu i in dg ff M n reflect association policy or editorial concurrence. Publication of Co at Ce r nsh v i RecANCE ttac rv t p ra ia le Ju r nt em s advertisements does not constitute an endorsement. The editors A e hi tio rd p She a reserve the right to accept or reject prospective advertisements in men rs r ua Rep hi me Ind tee ons h G i in dg ff ede accordance with their editorial judgment. C vato CeWp ar ns ev ri Trus C ttac er t iith overr 40 yearsdia experiencel PJTJu hase been Minnesota ers’ O A surety bondingtio specialist.r W p Sh RO UNTS WE’D LIKE TO HEAR FROM YOU: To query potential articles for ns hmen rsh r ua Rep hi n T Sup Bench & Bar, or to pass along your comments on matters related G i ns i Co ato Ce r v rs y to the profession, the MSBA, or this magazine, write to editor rv t p a le e it Attac e hi or rdia iv n Steve Perry at [email protected] or at the postal address above. ns men rs rti Rep e h Gua i dem Co •ato SuperCe ar Rec In ttac or A • In ti • License Bondssed r www.mnbar.org • C jun eCea ith the knowledge, experience onse ction s • Appe Locally ownedrv andator operated. Same• R day service with in house authority! e als • Pr • T straini • C of rus n ert essional t Liabili g Or io • P rar s 121 South Eighth Street Suite 980, Minneapolis,er MNder 55402 i • R sonal • Ju eple d ty Repr gment v in • ER • email@pjtagenc(612) 339-5522y • Fax: (612) 349-3657 esen IS • A tat • F ive id • .com • ww elit y • w.pjtagency .com November 2020 s Bench&Bar of Minnesota 3 President’sPage | BY DYAN EBERT Extend your (virtual) hand to new lawyers ne of the things I enjoy most But I know I also need to about being involved in acknowledge the tremendous professional orga- obstacles these newest nizations like the members of the bar have OMSBA is the opportunity already encountered, and they provide to interact with will likely continue to face, a wide variety of people I as they embark on their would not otherwise encoun- professional lives. From ter in my practice, and get taking the bar examination to know them on a personal while wearing a mask and social level. It is fascinating to learn distancing to securing employment where people come from, why at a time when many law firms they became lawyers, and how are laying off attorneys rather than their careers developed; I also enjoy hiring new ones, these new lawyers are hearing about their lives outside the navigating a world full of challenges that law. Often the most interesting tidbits many of us never faced or even imagined. of information surface while huddled While the MSBA is not able to eradicate around the coffee counter in the 15 minutes many of the challenges facing new lawyers, before a meeting is scheduled to start. we can certainly help lessen one of them—the challenge of Unfortunately, the opportunity to interact informally with cultivating professional relationships. Even in a “remote” our colleagues and friends is yet another casualty of covid-19. world, the MSBA can provide opportunities to make the To be sure, while our new “virtual reality” has (thankfully) personal connections that are so vital to a successful and enabled most of us to continue to work and to be active meaningful legal career. And, just so it is clear, when I say the in professional organizations, it can have a tremendous MSBA can do this, I mean you—our members. negative impact on our ability to make and cultivate personal I ask each of you to reflect on what it was like when you connections.
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