OFFICIAL PUBLICATION OF THE MINNESOTA STATE BAR ASSOCIATION VOLUME LXXVI NUMBER V MAY/JUNE 2019 www.mnbar.org The Guns Aren’t Illegal. But Sometimes the Owners Are. Understanding Minnesota’s private-transfer exception suggests the best path to reducing gun violence Your smartphone and the 5th Amendment Lessor beware: Tenant trademark infringement Lessons learned from the Lunds shareholder litigation Only 2019 MSBA CONVENTION $125 June 27 & 28, 2019 • Mystic Lake Center • www.msbaconvention.org for MSBA Members EXPERIENCE THE BEST 12:15 – 12:30 p.m. 4:00 – 5:00 p.m. 9:40 – 10:40 a.m. THURSDAY, JUNE 27 Remarks by American Bar Association President ED TALKS BREAKOUT SESSION D OF THE BAR Bob Carlson 7:30 – 8:30 a.m. • Making the Case for Sleep 401) Someone Like Me Can Do This – CHECK-IN & CONTINENTAL BREAKFAST 12:30 – 12:45 p.m. Dr. John Parker; Sleep Performance Institute; Minneapolis Stories of Latino Lawyers and Judges What do lawyers, judges, academics, activists, technologists and business leaders in Minnesota Passing of the Gavel Ceremony have in common? They will all be at the 2019 MSBA Convention engaging in a rich, 7:45 – 8:30 a.m. • Transformational Metaphors 1.0 elimination of bias credit applied for Paul Godfrey, MSBA President Madge S. Thorsen; Law Offices of Madge S. Thorsen; rewarding educational experience. Aleida O. Conners; Cargill, Inc.; Wayzata SUNRISE SESSIONS Tom Nelson, Incoming MSBA President Minneapolis Roger A. Maldonado; Faegre Baker Daniels LLP; This year’s convention combines thoughtful presentations on the legal profession Minneapolis and “critical conversations” about timely issues with important legal updates and • Cheers and Jeers: Expert Reviews of 12:45 – 1:15 p.m. • Restoring Waldmann, Saint Paul’s Oldest Marcos Ramirez; Nexum Legal; Saint Paul Legal Tech Products and Trends in 2019 German Lager House MODERATOR: Judge Peter M. Reyes provocative “ED TALKS”. State of the Judiciary Address Minnesota Court of Appeals; Saint Paul Joe Kaczrowski; Minnesota State Bar Association; Minneapolis Thomas S. Schroeder; Faegre Baker Daniels LLP; Chief Justice Lorie Skjerven Gildea Todd Scott; Minnesota Lawyers Mutual; Minneapolis Minneapolis Attendees will enjoy their choice of two sunrise sessions each day, plus lunch and the Minnesota Supreme Court; Saint Paul 402) How to Keep the Cabin in the Family President’s Reception, along with other fun activities. The MSBA Convention provides • How to Avoid 7 Common Legal Writing Mistakes * MSBA Assembly Meeting, continued J. Steve Nys; Fryberger, Buchanan, Smith & numerous opportunities to network with your colleagues in new ways. Frederick, P.A.; Duluth Karin Ciano; Karin Ciano Law PLLC; Saint Paul 1:30 – 2:30 p.m. Packed with stimulating presentations, numerous networking opportunities and BREAKOUT SESSION B 10:40 – 10:50 a.m. 5:00 – 6:00 p.m. special events, the MSBA Convention is an amazing opportunity to experience the 8:30 – 8:45 a.m. EXHIBITORS & NETWORKING BREAK 201) Minnesota State Bar Association at its best! ANNOUNCEMENTS Critical Conversation: Lawyer Safety in the PRESIDENT’S RECEPTION Law Office and the Courtroom Enjoy music, drinks and conversation with your colleagues! Daniel Adkins; North Star Criminal Defense; Saint Paul 10:50 – 11:50 a.m. 8:45 – 9:00 a.m. Sponsored by John Lillie III; Kelsey Law Office; Forest Lake R PRESIDENTIAL WELCOME & AWARDS Randy McAlister; Cottage Grove Police Department; BREAKOUT SESSION E Paul Godfrey; MSBA President Cottage Grove MODERATOR: Samuel J. Edmunds 501) Important Lessons from Recent Sieben Edmunds Miller PLLC; Mendota Heights FEATURED SPEAKERS 9:00 – 10:00 a.m. 6:00 – 7:00 p.m. Attorney Discipline Cases 1.0 ethics credit applied for Breaking Hate: A Journey Into and Out of 202) 2019 Minnesota Appellate Case Law Update BAGS TOURNAMENT – Justice G. Barry Anderson Susan M. Humiston; Office of Lawyers Professional America’s Most Violent Hate Movement Minnesota Supreme Court; Saint Paul Big Prizes, Big Fun! Responsibility; Saint Paul CHRISTIAN PICCIOLINI STEVE CROSSLAND Christian Picciolini; Free Radicals Project; Chicago, Illinois Justice Margaret H. Chutich Sponsored by the New Lawyers Section Minnesota Supreme Court; Saint Paul 502) Books about Bias and Diversity: Becoming Christian Picciolini is an American Steve Crossland is the Chief Judge Edward J. Cleary and The Loudest Duck: Moving Beyond Diversity Minnesota Court of Appeals; Saint Paul author and activist who is the co- Chair of Washington State’s 10:00 – 10:45 a.m. While Embracing Differences to Achieve Success founder of a nonprofit peace advocacy Limited License Legal Judge Kevin G. Ross ED TALKS Minnesota Court of Appeals; Saint Paul at Work organization called Life After Hate. He Technician Board. He also has MODERATOR: Justice David L. Lillehaug wrote two books: White American Youth a solo practice in Cashmere, Minnesota Supreme Court; Saint Paul 1.0 elimination of bias credit applied for and Romantic Violence: Memoirs of an Washington. • All Square: Civil Rights and Neon Lights FRIDAY, JUNE 28 Sarah Lynn Oquist; Sapientia Law Group; Minneapolis Athena Hollins; Minnesota State Bar Association; Minneapolis American Skinhead, which detail his Emily Hunt Turner; All Square Café; Minneapolis 203) The Top 10 Mistakes Lawyers Make When time as a leader of the American white Working with Scientific Evidence 7:30 – 8:30 a.m. 11:50 a.m. – 12:00 p.m. power movement and his journey out. • The Importance of Bonding Christine Funk; Attorney at Law; Saint Paul CONTINENTAL BREAKFAST CHIEF JUSTICE LORIE Mindy Mitnick; Uptown Mental Health Center; Minneapolis EXHIBITORS & NETWORKING BREAK SKJERVEN GILDEA 2:30 – 2:45 p.m. 7:45 – 8:30 a.m. Chief Justice Gildea has served 10:45 – 11:00 a.m. BOB CARLSON EXHIBITORS & NETWORKING BREAK as the Chief Justice of the EXHIBITORS & NETWORKING BREAK SUNRISE SESSIONS 12:00 – 1:00 p.m. Bob Carlson, a shareholder with Minnesota Supreme Court BREAKOUT SESSION F the Butte, Montana, law firm of since 2010. Prior to that she • How to Avoid Getting Caught in the 2:45 – 3:45 p.m. Corette Black Carlson & Mickelson, served as an associate justice 11:00 a.m. – 12:00 p.m. Dark Web 601) The Intersection of Ethics, P.C., is president of the American from 2006 to 2010 and as a BREAKOUT SESSION C Mark Lanterman; Computer Forensic Services; Minnetonka Bar Association, the world’s largest district judge in the Fourth BREAKOUT SESSION A Inclusion, and Professionalism: voluntary professional organization Judicial District from 2005 to 301) Critical Conversation: • Marketing a Small-Town Legal Practice The New Model Rule 8.4(g) 101) with more than 400,000 members. 2006. Critical Conversation: Lawyer Well-Being in The Future of Legal Representation Vincent Stevens; Miller & Stevens Law; Forest Lake 1.0 ethics credit applied for Minnesota and Nationally in MN – LLLTs and More Kristine Kubes; Kubes Law Office PLLC; Minneapolis Bob Carlson; Corette Black Carlson & Mickelson, P.C.; Mary Schwind; Kubes Law Office PLLC; Minneapolis Steve Crossland; Washington State Limited License Legal Butte, Montana Technician Board Chair; Cashmere, Washington 8:30 – 9:30 a.m. Ivan Fong; 3M; Saint Paul 602) Sam Glover; Lawyerist.com; Minneapolis The Complete Lawyer: Quick Answers to Justice David L. Lillehaug; Minnesota Supreme Court; Judge John R. Rodenberg; Minnesota Court of Appeals; ED TALKS Saint Paul Questions Across 4 Practice Areas Special Thanks to Convention Sponsors Saint Paul MODERATOR: Joan Bibelhausen MODERATOR: Eric T. Cooperstein Lawyers Concerned for Lawyers; Saint Paul • On Becoming a Judge: Things to INTELLECTUAL PROPERTY LAW Law Office of Eric T. Cooperstein; Minneapolis James L. Young; Westman, Champlin & Koehler; Consider Before You Apply, When You Apply, Minneapolis 102) 2019 U.S. Supreme Court Update PLATINUM 302) Ethics Issues for Retiring Lawyers and If You Get an Interview Aaron D. Van Oort; Faegre Baker Daniels LLP; Minneapolis EMPLOYMENT LAW 1.0 ethics credit applied for Lola A. Velazquez-Aguilu; Medtronic, Inc.; Fridley SPONSOR Nicholas J. Nelson; Faegre Baker Daniels LLP; Minneapolis Leonard B. Segal; SeilerSchindel, PLLC; Minneapolis R Reception Paul M. Floyd; Wallen-Friedman & Floyd, P.A.; Minneapolis • How to Have a More Dementia-Friendly Law FAMILY LAW 103) How to Protect Children from Online sponsor Jack Setterlund; Duluth; Minnesota Practice R. Leigh Frost; R. Leigh Frost Law, Ltd.; Minneapolis Binh T. Tuong; Office of Lawyers Professional Recruitment by Hate Groups Jean M. Gustafson; Attorney at Law; Brainerd Christian Picciolini; Free Radicals Project; Chicago, Illinois Responsibility; Saint Paul WORKERS’ COMPENSATION LAW MODERATOR: Roy S. Ginsburg Kathryn Hipp Carlson; Hipp Carlson Law PLLC; Long Lake Attorney at Law; Minneapolis • Courageous Connections: GOLD SILVER Every Heart Matters 12:00 – 1:30 p.m. 1:00 p.m. SPONSOR SPONSOR * MSBA Assembly Meeting Kelly D. Holstine; 2018 Minnesota Teacher of the Year; CONVENTION LUNCHEON Shakopee Public Schools; Shakopee ADJOURN Day 1 Lunch Lanyard sponsor sponsor 3:45 – 4:00 p.m. 9:30 – 9:40 a.m. EXHIBITORS & NETWORKING BREAK EXHIBITORS & NETWORKING BREAK Sponsorship opportunities are still available. Call Katie Ward at 651-227-8266 for details. May.June.Convention.indd 1 4/17/2019 10:33:07 AM Only 2019 MSBA CONVENTION $125 June 27 & 28, 2019 • Mystic Lake Center • www.msbaconvention.org for MSBA Members EXPERIENCE THE BEST 12:15 – 12:30 p.m. 4:00 – 5:00 p.m. 9:40 – 10:40 a.m. THURSDAY, JUNE 27 Remarks by American Bar Association President ED TALKS BREAKOUT SESSION D OF THE BAR Bob Carlson 7:30 – 8:30 a.m. • Making the Case for Sleep 401) Someone Like Me Can Do This – CHECK-IN & CONTINENTAL BREAKFAST 12:30 – 12:45 p.m. Dr. John Parker; Sleep Performance Institute; Minneapolis Stories of Latino Lawyers and Judges What do lawyers, judges, academics, activists, technologists and business leaders in Minnesota Passing of the Gavel Ceremony have in common? They will all be at the 2019 MSBA Convention engaging in a rich, 7:45 – 8:30 a.m.