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LAWYERS, INTERRUPTED Learning to Practice in a Pandemic 12 LIVE the Online Replays Reduced Online Tuition! Encore Series OFFICIAL PUBLICATION OF THE MINNESOTA STATE BAR ASSOCIATION VOLUME LXXVII NUMBER V MAY/JUNE 2020 www.mnbar.org LAWYERS, INTERRUPTED Learning to practice in a pandemic 12 LIVE The Online Replays Reduced Online Tuition! Encore Series Online Replays of 12 Highly-Rated Seminars at Reduced Prices FEATURING – Reduced Tuition – Only $175 for Each Full-Day Program! Online Viewing That Qualifies for Live Credit You Choose from a Wide Variety of Crowd-Pleasing Seminars Ethics and Elimination of Bias Opportunities With Live Moderators to Answer Your Questions! DESIGNED FOR YOU! To help meet the educational needs of Minnesota lawyers, Minnesota CLE is re-airing 12 of the most popular seminars from the past year. From contracts and business law to estate planning and negotiation skills – and many more – the Online Encore Series has something for everyone. Minnesota Continuing Legal Education Your Success Is Our Goal www.minncle.org OES B&B Ad.indd 1 5/7/2020 1:35:06 PM All are LIVE ONLINE replays. 12 LIVE Credits indicate what has been applied for. June – July All times CDT. The Online Replays Reduced 01 The Strategic Negotiator – Advanced Skills 09 Purchase and Sale of a Business Deskbook Online Tuition! Training Seminar June 2, 2020 | 9:00 a.m. – 4:00 p.m. July 9, 2020 | 9:00 a.m. – 4:00 p.m. 6.0 standard CLE credits 6.25 standard CLE credits 02 The Complete Government Lawyer 10 A Lawyer’s Guide to Alzheimer’s & Encore June 4, 2020 | 9:00 a.m. – 4:00 p.m. Dementia 6.0 CLE credits, including 0.5 ethics credit July 14, 2020 | 9:00 a.m. – 4:00 p.m. 6.0 CLE credits, including 1.0 ethics credit and 1.0 elimination of bias credit 03 Advanced Contract Issues for In-House Series Counsel June 9, 2020 | 9:00 a.m. – 4:00 p.m. 11 Ethics: Lawyers Are Human, Too – Social 6.0 CLE credits, including 1.0 ethics credit Science and Professional Responsibility July 21, 2020 | 9:00 a.m. – 12:00 p.m. Online Replays of 12 Highly-Rated 3.0 ethics credits 04 The SECURE Act: What Congress Did and Seminars at Reduced Prices How to Respond June 18, 2020 | 9:00 a.m. – 12:00 p.m. 12 Elimination of Bias: Lawyers Tackle Books 3.0 standard CLE credits About Bias and Diversity FEATURING – July 21, 2020 | 1:00 – 3:00 p.m. Reduced Tuition – Only $175 for Each Full-Day 2.0 elimination of bias credits 05 Legal Ethics 2020: Case Developments and Program! Hot Topics Online Viewing That Qualifies for Live Credit June 23, 2020 | 9:00 a.m. – 12:00 p.m. 3.0 ethics credits You Choose from a Wide Variety of Crowd-Pleasing Seminars 06 Elimination of Bias: Someone Like Me Can Do Ethics and Elimination of Bias Opportunities This – Stories of Latino Lawyers and Judges in With Live Moderators to Answer Your Questions! Minnesota June 23, 2020 | 1:00 – 3:00 p.m. 2.0 elimination of bias credits DESIGNED FOR YOU! To help meet the educational needs of Minnesota 07 Pressure on the Privilege lawyers, Minnesota CLE is re-airing 12 of the most June 25, 2020 | 9:00 a.m. – 4:00 p.m. 5.5 CLE credits, including 3.5 ethics credits popular seminars from the past year. From contracts and business law to estate planning and negotiation skills – and many more – the Online Encore Series has 08 Minnesota LLCs – 2020 Update & Hot Topics June 29, 2020 | 9:00 a.m. – 4:00 p.m. something for everyone. 6.0 standard CLE credits Register today at www.minncle.org Minnesota Continuing Legal Education Questions? Your Success Is Our Goal Email [email protected] www.minncle.org OES B&B Ad.indd 1 5/7/2020 1:35:06 PM OES B&B Ad.indd 2 5/7/2020 1:35:06 PM OFFICIAL PUBLICATION OF THE MINNESOTA STATE BAR ASSOCIATION VOLUME LXXVII NUMBER V MAY/JUNE 2020 www.mnbar.org SPECIAL ISSUE 4 President’s Page Coronavirus: Risks, LAWYERS, INTERRUPTED Responses, and Learning to practice in a pandemic Responsibilities BY TOM NELSON 16 Legal Ethics and 36 Tenant rights in 6 Professional Responsibility Risk Management the era of covid-19 Legal ethics in a pandemic in the Time of Pandemic BY ANDREA PALUMBO AND BY SUSAN HUMISTON BY CHUCK LUNDBERG KARMEN MCQUIttY 8 Law & Technology 21 The Remote Lawyer’s 39 Understanding the Working from home and tax impact of federal protecting client data Survival Guide Y RISTI AULSON BY MARK LAntERMAN B K J. P covid-19 relief laws BY ADAM D. SCHURLE 10 Legal paraprofessional 24 Technology is just one pilot project of the tools we need to get BY JUSTICE PAUL C. THISSEN & B&B DIGITAL-ONLY JUDGE JOhn R. RODEnbERG through this crisis and the next mnbar.org/bench-bar BY JOE VAN THOMME Government transparency Detours on the Path to 27 during the pandemic: A guide Lawyer Well-Being: Finding to Minnesota data practices, our way forward in an open meetings, and covid-19 upside-down world BY TAYA MOXLEY-GOLDSMITH AND BY JOAN BIBELHAUSEN KATHERINE BEALKA 12 Thoughts about Commemorating the 30 Director Fiduciary Duties: How covid-19 may redefine Duluth Lynchings Navigating financial distress BY WILLIAM D. GREEN “reasonable accommodation” during covid-19 under the ADA and MHRA 42 Notes & Trends BY GEORGE SINGER AND CHAD STEWART BY CHARLES R. SHAFER Landmarks in the law 33 Pandemic family Remote mediation: I’m 62. 54 People & Practice stress equals pandemic Member announcements I wasn’t looking to Zoom. family law stress I’m glad I did. 56 Opportunity Market BY CHRISTOPHER VATSAAS BY MIKE MCKNIGHT Classified ads AND KENDAL O’KEEFE 2 Bench&Bar of Minnesota s May/June 2020 www.mnbar.org Do you know why Official publication of the thousands of law firms Minnesota State Bar Association www.mnbar.org | (800) 882-6722 see their retirement plan in a different light? Editor Steve Perry [email protected] Art Director Jennifer Wallace Advertising Sales Pierre Production & Promotions, Inc. (763) 497-1778 MSBA Executive Council President Because they’ve chosen a different Tom Nelson kind of 401(k) provider. Getting started is easy. Contact us today! President-elect The ABA Retirement Funds Program (“the Dyan J. Ebert Program”) is an employer-sponsored 401(k) plan uniquely designed for the legal community. For Treasurer over 55 years, we have been committed to our Jennifer A. Thompson mission of providing the tools necessary for all Secretary law professionals to achieve retirement security. Paul D. Peterson A different kind of retirement plan What makes us so different? New Lawyers Chair Oversight: Highest level of fiduciary Blair Harrington oversight allowable through ERISA, 800.826.8901 Chief Executive Officer saving your firm time and reducing your Cheryl Dalby fiduciary risk. www.abaretirement.com Investments: Publications Committee Investment platform with [email protected] options to allow for optimal choice and Chairperson flexibility for your participants. Carol K. Lee Service: Fully bundled service model, custom designed to meet the unique Steven P. Aggergaard needs of the legal community. Emily K. Cooper Holly A. Fistler The Program is structured to provide affordable pricing whether you are a Solo Practitioner or a Wood Foster large corporation. June Hoidal Bethany Hurd Henry D. Long The ABA Retirement Funds Program is available through the Minnesota State Bar Association as a member benefit. Please read the Program Annual Disclosure Document (April 2019) carefully before investing. This Disclosure Document contains Malcolm P.W. Whynott important information about the Program and investment options. For email inquiries, contact us at: [email protected] Securities offered through Voya Financial Partners, LLC (member SIPC). Voya Financial Partners is a member of the Voya family of companies (“Voya”). Voya, the ABA Retirement Funds, and the Minnesota State Bar Association are separate, unaffiliated entities, and not responsible for one another’s products and services. CN700696_0121 © 2020 Minnesota State Bar Association Bench & Bar of Minnesota (ISSN 02761505) is published Monthly, except Bi-Monthly May/June by the Minnesota State Bar Association, 600 Nicollet Mall STE 380, Minneapolis, MN 55402- ¡ Los Clientes Necesitan 1641. Periodicals postage paid at St Paul, MN and additional Alguien Que Les Entienda! mailing offices. Postmaster: Send address changes to Bench & Bar of Minnesota, 600 Nicollet Mall STE 380, Minneapolis, MN Need to refer out or co-counsel with a 55402-1641. Subscription price: $25.00 for members which is included in dues. Nonmembers $35.00 per year. Some back issues Spanish-speaking attorney? available at $5.00 each. Editorial Policy: The opinions expressed Think of us for your LITIGATION matters. in Bench & Bar are those of the authors and do not necessarily reflect association policy or editorial concurrence. Publication of Civil • Business • Employment advertisements does not constitute an endorsement. The editors reserve the right to accept or reject prospective advertisements in accordance with their editorial judgment. ¡Gracias! WE’D LIKE TO HEAR FROM YOU: To query potential articles for Bench & Bar, or to pass along your comments on matters related Inti Martínez-Alemán, Esq. 651-317-4895 | ceibaforte.com to the profession, the MSBA, or this magazine, write to editor Steve Perry at [email protected] or at the postal address above. www.mnbar.org May/June 2020 s Bench&Bar of Minnesota 3 President’sPage | BY TOM NELSON Coronavirus: Risks, Responses, and Responsibilities y now, many of us (maybe undifferentiated pressure and endless a duty of “public service.” We are obliged even most of us) have family to-do lists; distraction and lack of focus; to play a “vital role in the preservation members or friends, or and bouts of exhaustion.
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