Schedule and Faculty

Schedule times listed below are for the live seminar. Times for replays may differ due to varied start times and abbreviated lunch and break periods. Please refer to the DATES/LOCATION tab for individual replay start times.

8:30 – 8:50 a.m.

CHECK-IN & CONTINENTAL BREAKFAST

8:50 – 9:00 a.m.

Welcome & Introduction

– Michael C. Flom; Gray Plant Mooty; Minneapolis

9:00 – 10:15 a.m.

SCENARIO 1:

Rich Old Grandpa Snazzy

Grandpa Snazzy’s interactions with his relatives, Earl and Earlie, may or may not provide recourse against his estate. This session examines:

  • Elements of a Contract

  • Types of Contracts

  • Statute of Frauds

  • Capacity

– Katie A. Kranz; Eckberg Lammers; Stillwater

– Thomas R. Loonan; Eckberg Lammers; Stillwater

– Arleen A. Nand; Greenberg Traurig; Minneapolis

– Martin S. Fallon, moderator; Maslon; Minneapolis

10:15 – 10:30 a.m.

BREAK

10:30 – 11:45 a.m.

SCENARIO 2:

The Firm

Navigate the challenges of employment law with Andrews, Baretta & Chao as it requires an attorney to enter into a post-employment covenant not to compete. What effect will recent Minnesota Supreme Court rulings have on the firm’s decision whether to pursue injunctive relief? This session examines

  • Illegality

  • Formation

  • Assignment and Delegation

  • Conditions and Breach

  • Injunctions and Other Equitable Relief

– Kip R. Peterson; Waycrosse, Inc.; Wayzata

– Kevin S. Sandstrom; Eckberg, Lammers P.C.; Stillwater

– Carrie L. Zochert; Berens Miller, P.A.; Minneapolis

– Martin S. Fallon, moderator

11:45 a.m. – 12:15 p.m.

Ethical Considerations in Scenarios 1 & 2

0.5 ethics credit applied for

Parties need to be free to contract according to their own best interest. They also need to be free from being obligated unless they specifically intend to be obligated and they understand those obligations. Get practical instruction for balancing these ethical and practical considerations.

– Michael C. Flom

12:15 – 1:15 p.m.

LUNCH (ON YOUR OWN)

1:15 – 2:30 p.m.

SCENARIO 3:

Marcy Riene, Queen of Cuisine

Marcy Riene, Queen of Cuisine, cooks up a lot of issues with her catering, a defective oven and a bankrupt business. This discussion will cover:

  • Discharge by Accord and Satisfaction

  • Consumer Transactions

  • Bankruptcy

– Karl J. Johnson; Briggs & Morgan, PA; Minneapolis

– Martin S. Fallon

2:30 – 2:40 p.m.

BREAK

2:40 – 3:00 p.m.

Developing a Plan

Thinking the drafting task through in advance and developing a plan for preparing the contract document (or assessing the contract you receive from another party’s attorney) are key components of effective contract writing. “Thinking things through” involves understanding what the parties intend, the context in which the contract will be written and used, and preparing an outline.

– James E.Snoxell; Henningson & Snoxell, Ltd.; Maple Gove

3:00 – 4:00 p.m.

SCENARIO 4:

The Highly Toxic Agreement

Rosie Glough is the sole proprietor of a small Minnesota business that manufactures a specialty paint with a toxic by-product. Her agreement with a Wisconsin small waste disposal company is the framework for a discussion of:

  • Impossibility or Frustration of Purpose

  • Choice of Law

  • Interpretation and Construction

  • Remedies

– Rachel L. Dougherty; Minnesota Dept. of Administration – State Procurement; Saint Paul

– Eric R. Sherman Dorsey & Whitney LLP; Minneapolis

– Mark E. Utz Wendland Utz, Ltd.; Rochester

– Michael C. Flom, moderator

4:00 – 4:30 p.m.

Ethical Considerations in Scenarios 3 & 4

0.5 ethics credit applied for

What if Rosie confides to her attorney that she plans to dump toxic waste at an unauthorized site in Minnesota? This ethical dilemma, and ethical issues commonly involved in bankruptcy cases, form the final discussion for the day.

– Michael C. Flom