The state of retail in Minnesota and around the country is a huge question-mark. The obvious effect of the ongoing COVID restrictions has delivered an unwelcome shock to the operations of even the very best brick and mortar retailers. Nobody can say with confidence when the cloud of uncertainty around COVID and the restrictions on
Policy Renewals Create Increased Risk in a Hardening Market
COVID-19 and the recent political unrest have come with implications that are either direct or consequential to the insurance market. Many businesses looking to renew long-standing commercial insurance policies are finding either increased premiums or a refusal of certain excess carriers to extend the same policy limits. This has caused many businesses to either shop…
Do You Need a Teleworking Policy?
Before the COVID-19 pandemic, most employers were reluctant to allow employees to work from home on a continuous basis. Many companies prohibited all teleworking or allowed employees only to work remotely when recovering from an illness or when required as a reasonable accommodation. When COVID-19 hit, many employees began working remotely and it appears that…
Land Development: Not for the Faint of Heart
Anyone experienced with developing land realizes that the regulatory process one must complete for a given development is daunting, at once complicated and cumbersome and surely expensive. I often tell landowners who want to become “developers” in order to capture more value in the price of their land, that it is not for the faint…
Hold on to Your Hats! What to Expect Under President Biden’s Administration in Labor and Employment Law
Change in the political party of an administration can be expected to impact the development and interpretation of federal law and regulation. This is particularly true in the transition between former President Trump’s administration and that of President Joseph R. Biden.
President Biden has only been the President for two weeks, yet he has already…
Did You Know There Is a New Independent Contractor Ordinance in the City of Minneapolis Effective January 1?
The City of Minneapolis determined that many freelance workers (independent contractors) need legal and economic protections since they are not covered by employment laws. The City, therefore, enacted the Minneapolis Freelance Worker Protections Ordinance (the “Ordinance”). This Ordinance, effective January 1, 2021, requires companies to enter into written agreements with most freelance workers.
The Ordinance…
The Legal Fundamentals Series: Takings Law
This is the first in a series of eight articles that will describe the fundamentals of the most consequential topics falling under the umbrella of real estate law. The articles will be published on a monthly basis. As a real estate trial lawyer with personal experience handling disputes in each of the areas that will…

The Changing Landscape of Union Organizing and Worker Activism
Union organizing is down as compared to previous years, but that does not mean employers should believe that support for labor unions has decreased. NLRB records indicate that the number of representation petitions filed in 2020 is dramatically down from each of the previous four years. This reduction in representation petitions can be attributed to…
Is Mediating a Precondition to Arbitrating?
Many construction contracts now contain arbitration clauses. Arbitration can be an effective dispute resolution process, but how the clauses operate in practice can raise challenges. This is especially true when intertwined with mediation requirements and mechanic liens under state law. The scenario below illustrates how the seeming conflicts could be resolved.
Assume a contractor under…
2020 in Review: Brandi Kerber and Victoria Dutcher’s Series on Commercial Lease Negotiations in Uncertain Times
Prior to 2020, the world of commercial real estate was dominated by highly unique leasing arrangements. This year has only added to the individualized nature of commercial leasing arrangements and the need for both landlords and tenants to pay close attention to the terms of their existing and future lease agreements. Brandi Kerber and Victoria…
2020 in Review – Jim Sander’s Series on Protecting Payment in the Construction Industry
Protecting the right to get paid is central to any business and the construction industry is no exception. The Protecting Payment Series on the Larkin Hoffman Real Estate and Construction Blog focuses on the means and methods businesses in the construction industry use to protect their right to payment. It touches on issues of contracts,…