LGN Partner to Speak on a Panel at the Annual Rabiej Litigation Center Review of Class-Action Developments Conference

Robert Shelquist

LGN Partner Rob Shelquist will speak on a panel at the Annual Rabiej Litigation Center Review of Class-Action Developments Conference on Thursday, July 20th. The conference panel speakers are judges, law professors, and practitioners.  Rob will join others on a panel to discuss maximizing claims rates in consumer class actions. 

Rob heads up the firm’s consumer protection and products liability litigation practice groups, and has represented individuals, small businesses and corporations in a wide range of civil litigation including defective and mispriced products, securities and ERISA, anti-competitive conduct, privacy, and the use of sharp business practices, fraud, misrepresentations, and other statutory violations in conjunction with the sale of goods and services.

LGN Team Members Attend Twins Game

Lockridge Grindal Nauen Summer Associates Consuela Abotsi-Kowu, Madeleine Kim, and Kira Le joined Partners David Asp, Kate Baxter-Kauf, Gregg Fishbein, and Kristen Marttila, along with Associates Paul Buchel, Greg Lawrence, Develyn Mistriotti, Stephen Owen, and Arielle Wagner, and Legislative Assistant Reen Reinhardt for a Friday night outing to see the Minnesota Twins battle the Baltimore Orioles. LGN’s Summer Associate program goes through the end of July and we are thrilled that Consuela, Madeleine, and Kira were able to join us this summer!

LGN Associate Selected to MSBA Antitrust Law Section Council

Lockridge Grindal Nauen congratulates associate Paul Buchel on his election to the MSBA Antitrust Law Section Council, which provides professional programs and education on antitrust matters; and monitors and comments, as appropriate, on pending legislative and regulatory developments. He succeeds Joe Bourne and Jessica Servais, who served on the council last year. The firm also boasts three emeritus members of the council: Joe Bruckner, Heidi Silton, and Craig Davis. Congratulations, Paul!

LGN Partner Selected to Sedona Conference Working Group 1 Brainstorming Group

LGN Partner Kristen Marttila was selected by the Sedona Conference Working Group 1 Steering Committee to be a member of the Brainstorming Group on the Sufficiency of Rule 26(a)(1) Disclosures. The rule covers what must be initially disclosed during discovery. Congrats to Kristen!

LGN Partner Interviewed by WCCO

Susan Ellingstad

LGN Partner Susan Ellingstad was recently interviewed by WCCO about a new Minnesota law that makes sexual harassment settlements tax-free. Watch the whole story at this link.

Susan heads the firm’s employment law department and her practice includes claims involving employment discrimination and harassment under Title VII, the MHRA and other federal and state employment statutes, wage and hour violations, commercial litigation, and class actions.

LGN Associate Attends the Collaborative Bar Leadership Academy

LGN Associate Arielle Wagner attended the Collaborative Bar Leadership Academy as part of the 2023 cohort. The CBLA is an annual, multi-day program for diverse bar association leaders, which provides leadership training and professional development programs which will benefit current and future leaders of bar associations, and the legal profession overall. This year’s CBLA was hosted in Minneapolis, MN from June 25-27. 

LGN Sponsors Twin Cities Cardozo Society 22nd Annual Dinner

LGN was proud to sponsor the Twin Cities Cardozo Society’s 22nd Annual Dinner on June 22nd. Steve Hunegs, Alan Milavetz, and Judah Druck were honored at the event for their commitment to serving the Jewish and general communities of Minneapolis and St. Paul.

The Twin Cities Cardozo Society is a place for Jewish attorneys, judges, and law students to network and serve the community. They strengthen bonds among legal professionals through educational, social and philanthropic activities, and offer opportunities for communal involvement and leadership.

LGN Partner Files Amicus Brief on Behalf of COSAL

LGN Partner Kristen Marttila filed an amicus brief on behalf of the Committee to Support the Antitrust Laws (COSAL) in the Ninth Circuit Epic v. Apple litigation, supporting Plaintiff-Appellant Epic’s petition for en banc review. In the underlying litigation, Epic had alleged that Apple’s prohibition on third-party app stores and in-app-payment (IAP) systems from operating on its proprietary iOS platform violated the antitrust laws.

The panel opinion, like the district court below, gave only cursory treatment to the final step of its Rule of Reason analysis, in which anticompetitive effects of the challenged conduct must be balanced against any pro-competitive justification to determine the net effect of the conduct on consumer welfare. Rather than re-affirming the need for a meaningful balancing step, the panel held that “[i]n most instances,” that step could be satisfied with a single sentence recognizing that “a business practice without a less restrictive alternative is not, on balance, anticompetitive.” COSAL argued that this conclusion failed to recognize that the balancing step is the entire point of the Rule of Reason inquiry, and the panel’s formalistic application would allow even the most egregious anticompetitive conduct if the wrongdoer could offer some minor, pretextual, and post hoc explanation of procompetitive benefit. The brief further argued that Supreme Court precedent and persuasive authority from other courts of appeal make clear that courts must engage in a robust balancing process in Rule of Reason cases, and that this robust inquiry is needed to protect consumers and competition.

Ms. Marttila chairs COSAL’s amicus committee. Also representing COSAL in this matter were Geoffrey Kozen, Stephen Safranski, and Matthew Leighton at Robins Kaplan.

LGN is a longtime member of COSAL, which was founded in 1986 to promote and support the enactment, preservation, and enforcement of a strong body of antitrust laws in the United States.

Employment Law Updates from the Minnesota Legislative Session

Below are some of the major developments affecting Minnesota employers.

Earned Sick and Safe Time Effective January 1, 2024

Beginning January 1, 2024, all employers must provide paid sick and safe leave to employees who work at least 80 hours in Minnesota in a single year, including part-time and temporary employees. Passed as part of an omnibus jobs and economic development spending bill, the statewide earned sick and safe leave law is similar to existing ordinances in Minneapolis, St. Paul, and other Minnesota cities. Employees can accrue at least one hour of earned sick and safe time for every 30 hours worked, for a maximum of 48 hours accrued per year (unless the employer agrees to a higher amount). Accrual commences on the first day of employment, and employees may use the leave as it accrues. Employees will also be entitled to carry over unused sick and safe time into the following year for up to a maximum of 80 hours total accrued (unless the employer agrees to a higher amount). Alternatively, an employer can frontload leave at the beginning of the year or pay out accrued leave at the end of the year, with limited conditions. Employers are not required to pay out an employee’s unused sick and safe leave upon separation from employment. However, an employee is entitled to reinstatement of previously accrued unused sick and safe leave upon rehire within 180 days of separation by the same employer.

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Charlie Schmit, Grandson of LGN Founding Partner, Speaks at Bill Signing Ceremony

On May 5, 2023, Charlie Schmit, grandson of LGN founding partner Bob Schmit, attended and spoke at the signing ceremony for a bill that expands the freedom to vote in Minnesota. The bill includes preregistration for 16- and 17-year-olds and a permanent absentee ballot option, as well as automatic voter registration as a result of applications for new or renewed driver’s licenses or state identification cards, initial or renewal applications for MinnesotaCare or Medical Assistance, and applications for benefits or services to another participating agency. Automatic voter registration will result in about 450,000 added or updated voter registrations each year. 

Charlie is a junior at Washburn High School and a Minnesota Youth Council member. He testified several times in favor of the bill.