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Welcome to my blog
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By fiebigerste51715443, Oct 10 2017 12:19AM
I will be a guest on Channel 15 cable on 'Law Talk' from Thomson Reuters studios on Tuesday October 17, 2017 discussing employment law and employment discrimination. Hope you can join us.
By fiebigerste51715443, Jul 15 2017 02:10AM
I had the pleasure to edit the July/August issue of The Hennepin Lawyer, the magazine of the Hennepin County Bar Association, focusing on Employment Law. Check out my Inside View column on Fairness and Respect in the Workplace. Here is the link:
A downloadable copy is at:
By fiebigerste51715443, Jun 19 2017 10:38PM
A Hennepin County District Court Judge has granted our motion and ordered a new trial and ruled that certain statements were false as a matter of law in one of my media defamation cases. The Court determined that the jury should have been instructed on defamation by implication for the statements. This puts our case back into court following an adverse jury verdict last November. Read more in an article in the Minnesota Lawyer at the link: http://minnlawyer.com/2017/06/19/judge-orders-new-defamation-trial-for-man-cleared-of-killing-cop/
By fiebigerste51715443, Apr 13 2017 03:53AM
On April 11, 2017, I moderated a discussion panel for the Minnesota Chapter of the National Employment LawyersAssociation on 'Tips and Tactics for Trial.' The panel consisted of experienced trial lawyers Ashwin Madia, Rachhana Srey and Christopher Kuhlman. The discussion focused on successful tips and practices for trial before state and federal courts involving jury and non-jury trial trials. Jury selection and make- up and voir dire considerations were among the topics explored. The continuing legal education program was held at the Minnesota Association for Justice conference center in Minneapolis.
By fiebigerste51715443, Mar 26 2017 04:03PM
Non-compete agreements typically arise at the start of employment or when an employee is separated from employment. Non-compete agreements are disfavored by courts in Minnesota but will be enforced if they serve a legitimate interest and are no more restrictive than necessary. Non-compete agreements must be supported by consideration and typically be entered before the start of employment. The restrictions in terms of duration and geographical scope must be reasonable. These factors can vary depending on the industry involved and facts of each case.
In determining whether to enforce a particular non-compete agreement or provision, the court balances the employer's interest in protection from unfair competition against the employee's right to earn a livelihood. Other factors may be assessed, and the court sometimes can use the “blue pencil” doctrine that allows the court to modify or remove unreasonable terms to allow the agreement to be enforceable.
Non-compete agreements raise complicated legal issues that should be reviewed with counsel when disputes arise.