Alicia Griffin Mills published an article in The Banking Law Journal, “Perfecting Security Interests in IP: Avoiding the Traps,” to consider the confusion that exists about whether to perfect security interests in intellectual property by recording under Uniform Commercial Code or by recording with a federal agency. The article addresses what each recordation does and further addresses some considerations that arise pursuant to filings with the United States Patent and Trademark Office.

Click here for a PDF of the article.

Reprinted from The Banking Law Journal with permission. Copyright 2021 LexisNexis. All rights reserved.

Intellectual Property paralegal and J.D. candidate Megan Miller has published a law review note in Cybaris®, an Intellectual Property Law Review of Mitchell Hamline School of Law.

Following the European model of the General Data Protection Regulation (GDPR), the state of California implemented the California Consumer Privacy Act (CCPA) on January 1, 2020. The CCPA allows any California consumer to demand to see all of the information that a company has saved on them; consumers can also request a full list of all the third parties that their data is shared with, sold to, and for what commercial purpose. This paper reviews the implications of a new law on the disclosure of trade secrets like client lists and algorithms that manipulate consumers’ data. Ultimately, the issue comes down to which rights are more important: personal privacy or trade privacy?

Click here for a PDF of the full article.

Christianna Finnern and Cody Zustiak completed a Q&A guide for Thomson Reuters Practical Law about health care-related fraud and abuse laws in Minnesota. The guide addresses civil and criminal actions, private rights of action, state intervention, notice requirements, consequences for violation (including program exclusion), and Medicaid program integrity provisions.

If you have questions about fraud & abuse audits and investigations, please feel free to contact any member of our Health Law team.

Kyle Kroll wrote an article for the March 2021 issue of Bar Talk. The article explores Magistrate Judge Wright’s experiences on the bench and shares some of her insights for newer lawyers.

Bar Talk, the award-winning newsletter of the Minnesota Chapter of the FBA, is distributed monthly.

Click here to read the full article.

Tami Diehm, Firm President, was a featured panelist in a roundtable discussion on the effect of the COVID-19 pandemic on working mothers hosted by the Minneapolis/St. Paul Business Journal. Panelists covered a wide range of topics, from retention and advancement of women in the workplace, to public policy changes, the importance of women in leadership, and how to support working mothers.

Click here to read the full discussion.

Shareholder John Redpath was profiled for Minnesota Lawyer‘s “Breaking the Ice” series. The Q&A format of the article, published March 4, 2021, explores how John made the switch from accounting to law, and what he enjoys about working with business owners and entrepreneurs.

Click here to read the full profile. 

Intellectual Property paralegal Megan Miller co-authored an American Bar Association publication, “What Is a Trademark, Fourth Edition,” part of the popular series from the ABA Intellectual Property Law Section. The book is an excellent resource for anyone who would like to learn more about trademarks and the law.

This concise book covers these issues and more:

• The nature of a trademark
• Trademark distinction requirements
• Trademark registration
• How to use a trademark
• Trademarks as property
• Trademark infringement

For more information or for a sample chapter of the book, click here.

Attorney Kyle Kroll published an article in the December 2020 issue of Bench &  Bar of Minnesota about how “Lanham Act disgorgement just got more complicated.”

Kyle explains that the Supreme Court’s decision in Romag v. Fossil “granted courts greater latitude in disgorging lost profits.” Based on his review of the cases applying Romag in the last six months, he predicts that courts will now give more weight to other equitable factors when making disgorgement decisions. He clarifies that while “willfulness” is no longer necessary, it is still an “‘important [consideration]’ in a court’s disgorgement calculus.”

Read the full article online here, or download a PDF here.