OFFICIAL PUBLICATION OF THE MINNESOTA STATE BAR ASSOCIATION VOLUME LXXVI NUMBER IV APRIL2019 www.mnbar.org 9 ways to fail as an entrepreneur You can’t serve two masters. Unless you’re a Realtor. A tribal counsel’s guide to corporate compliance Understanding tortious interference with contract Minnesota Parentage Law and Assisted Reproductive Technology It’s time to change the law May 20 & 21, 2019 Saint Paul RiverCentre The 2019 Upper Midwest Employment Law Institute co-sponsored by Minnesota CLE, the MSBA Labor and Employment Law Section and the Twin Cities Society for Human Resource Management The Nation’s Best Employment Law Conference – 1 Analysis of All the New Cases, New Statutes and New Practice Developments 2 Nearly 100 Sessions Focused on Practical Advice, Tips and Best Practices 3 Plus Practice Resources You’ll Use All Year Long For more information and to register visit minncle.org or call 651-227-8266 or 800-759-8840 04.19 ELI.indd 1 3/12/2019 8:31:32 AM Unequal Pay, Sexual Harassment, Wage Theft, 401k Retirement Self-Dealing, Social Injustice Your Rights, Our Team Our Team EMPLOYEE & CONSUMER RIGHTS 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 www.NKA.com OFFICIAL PUBLICATION OF THE MINNESOTA STATE BAR ASSOCIATION VOLUME LXXVI NUMBER IV APRIL 2019 www.mnbar.org 4 MSBA in Action One Profession a hit in Bemidji 14 6 Professional 9 WAYS TO FAIL AS AN ENTREPRENEUR Responsibility And how to counsel clients to avoid them Ethical “of counsel” BY INTI MARTÍNEZ-ALEMÁN associations BY SUSAN HUMISTON 8 Law & Technology Security considerations for law firm data governance BY MARK LANTERMAN 18 ON THE COVER MINNESOTA PARENTAGE LAW AND ASSISTED REPRODUCTIVE TECHNOLOGY It’s time to change the law BY STEVEN H. SNYDER 10 Colleague Corner ‘My bar group friends are always the most supportive’ 26 MEET SUMBAL MAHMUD YOU CAN’T SERVE TWO MASTERS. 12 Lawyer well-being in UNLESS YOU’RE A REALTOR. Minnesota gets a boost from The Minnesota Association of Realtors is lobbying the Supreme Court for a new law that will allow brokers to conceal BY JOAN BIBElhAUSEN their dual agency status from consumers. BY DOUG MILLER 33 The ABCs of TI: Understanding tortious interference with contract BY JOSEPH PUll 35 Notes & Trends Landmarks in the law 30 A TRIBAL COUNSEL’S GUIDE TO 45 People & Practice CORPORATE COMPLIANCE Member announcements BY MANDI CRANE 46 Opportunity Market Classified ads 2 Bench&Bar of Minnesota s April 2019 www.mnbar.org FROM Official publication of the Minnesota State Bar Association www.mnbar.org | (800) 882-6722 20,000 TO 3 Editor Nominate three of your alumni peers who Steve Perry [email protected] deserve special recognition for their professional Design & Production and community contributions. Jennifer Pickles Advertising Sales Pierre Production & Promotions, Inc. DISTINGUISHED OUTSTANDING RECENT (763) 497-1778 ALUMNI AWARD ALUMNI AWARD ALUMNI AWARD MSBA Officers President Accepting nominations through June 30: Paul W. Godfrey President-elect mitchellhamline.edu/awards Tom Nelson Treasurer Dyan J. Ebert Secretary Jennifer A. Thompson Chief Executive Officer Cheryl Dalby Publications Committee Chairperson Steven P. Aggergaard Emily K. Cooper Holly A. Fistler June Hoidal Bethany Hurd Carol K. Lee Henry D. Long Malcolm P.W. Whynott ENSURE YOUR CLIENTS HAVE A VARIETY OF PRODUCTS AND SOLUTIONS FOR THEIR HOME FINANCING NEEDS! Contact Matt to discuss ways he can join your team in providing assistance, strategies and options to best fit your client’s © 2019 Minnesota State Bar Association circumstances. Partner with a 22 year mortgage professional and Bench & Bar of Minnesota (ISSN 02761505) is published Monthly, Wintrust Mortgage today! except Bi-Monthly May/June by the Minnesota State Bar Association, 600 Nicollet Mall STE 380, Minneapolis, MN 55402- 1641. Periodicals postage paid at St Paul, MN and additional MATT GAUDET mailing offices. Postmaster: Send address changes to Bench & Mortgage Loan Professional Bar of Minnesota, 600 Nicollet Mall STE 380, Minneapolis, MN 55402-1641. Subscription price: $25.00 for members which is NMLS# 271042 included in dues. Nonmembers $35.00 per year. Some back issues 3500 American Blvd., Ste. 450 available at $5.00 each. Editorial Policy: The opinions expressed in Bench & Bar are those of the authors and do not necessarily Bloomington, MN 55431 reflect association policy or editorial concurrence. Publication of advertisements does not constitute an endorsement. The editors DIRECT: 612.414.4224 reserve the right to accept or reject prospective advertisements in [email protected] accordance with their editorial judgment. www.MortgagesByMatt.com WE’D LIKE TO HEAR FROM YOU: To query potential articles for Bench & Bar, or to pass along your comments on matters related Wintrust Mortgage is a division of Barrington Bank & Trust Company, N.A., a Wintrust to the profession, the MSBA, or this magazine, write to editor Community Bank NMLS# 449042 ©2018 Wintrust Mortgage Steve Perry at [email protected] or at the postal address above. www.mnbar.org April 2019 s Bench&Bar of Minnesota 3 MSBAinAction One Profession a hit in Bemidji early 100 lawyers, judges, and state and local bar leaders who agree to live and work in greater Minnesota; Kelly Asche, gathered in Bemidji (9th Judicial District) on March a researcher for the Center for Rural Policy and Development, N22 for the MSBA’s One Profession event. The day- who talked about the reasons why families move to rural long conference, hosted by the MSBA and the 14th and 15th communities; and Leann Fuith, dean of career and professional District Bar Associations, was part of a series of similar events development at Mitchell Hamline School of Law, who being held throughout greater Minnesota to discuss the issues discussed how blended legal education—part online and part and opportunities affecting legal communities across the state. on-campus—is helping communities keep their local talent. The Bemidji event, introduced by MSBA President Paul Justice G. Barry Anderson presented recent Minnesota Godfrey, featured a keynote talk by Dr. Michele Statz, an Supreme Court cases, and Judges Heidi Schellhas and Renee anthropologist of law and assistant professor at UMN Medical Worke gave updates from the court of appeals. CLE breakout School/Duluth. Statz led a spirited conversation about access sessions covered employment law, legal technology, criminal to legal services in the Northland. She was joined by Tamara law, and more. L. Yon, assistant chief judge for the 9th Judicial District, Upcoming One Profession events will be held in the 3rd who talked about the challenges of recruiting judges in her Judicial District (Rochester, April 26), the 7th (Long Prairie, district; Karin Ciano, executive director of the Collaborative May 17), and the 10th (Coon Rapids, July 11). The 1st Judicial Community Law Initiative, who discussed draft legislation that District event will be held on October 25 at a location to be she co-authored seeking to forgive student debt for attorneys determined. Visit www.mnbar.org/one-profession for details. MSBA legislative update he MSBA is pursuing legislative initiatives to tackle The lawyers must devote at least 50 percent of their time to two scenarios in which it can be hard to get needed representing individual residents who have an income below Tlegal help. The initiatives seek (1) state funding for 400 percent of the federal poverty guidelines. student loan repayment assistance for lawyers who commit The MSBA’s second legislative initiative is targeted to to private practice in rural areas, and (2) a civil right to assist people of lower income who live in public housing. appointed counsel in public housing eviction actions alleging Research by the MSBA’s Access to Justice Committee breach of lease. demonstrates that in Minnesota public housing breach of The proposed legislation to assist new rural lawyers lease evictions in 2016, unrepresented tenants were evicted was brought forward by the Solo & Small Firm Section, 83% of the time while represented tenants settled all of their which tellingly noted, “There are many counties in rural cases. Minnesota where the entire bar could sit together around Bills seeking to guarantee a civil right to counsel in public a dinner table.” Sen. Nick Frentz (DFL-North Mankato), housing breach of lease evictions have been filed in both the a lawyer, has introduced a bill, SF2587, that would provide Minnesota House and Senate. They were authored by Rep. student loan repayment assistance to lawyers who make a Ruth Richardson (DFL-Mendota Heights), a lawyer, and five-year commitment to practice in designated rural areas. Sen. Kari Dziedzic (DFL-Minneapolis). 4 Bench&Bar of Minnesota s April 2019 www.mnbar.org MSBA to file amicus brief in family law case n February 27, the Minnesota Supreme Court granted review in Thornton v. Bosquez (No. A18-0223) Oand invited the MSBA to participate as an amicus. The case presents significant issues regarding the impact of domestic violence on child custody determinations. Notably, Minnesota was one of the earliest states to consider the factor of domestic abuse in child custody decisions, and ongoing revisions to Minnesota’s child custody statutes have continued to incorporate domestic abuse as an important consideration in child custody matters. In Thornton, the Minnesota Supreme Court will address—for the first time—the circumstances in which a parent who has committed domestic abuse may be awarded custody in light of Minnesota’s current statutory MEET THE STAFF: Senior Director of Policy Nancy Mischel joined the presumption against granting joint custody to parents where MSBA in the fall of 2004 after working as an attorney for various legal domestic violence has occurred. aid programs in the Twin Cities for 11 years.