Dan's Desk

Dan's Desk

Impossibility of Performance

03/01/2023 Impossibility of Performance So you've been reading this blog all along and have taken to heart the idea to get things in writing. But now you're in a spot where you just can't…

Liquidated Damages Clause: Payment or Penalty?

02/08/2023 Liquidated Damages Clause: Payment or Penalty? I am very favorable toward the use of liquidated damages clauses in contracts. For those who have not read about this in the past on this site, such…

Amending a Trust: Use of Power of Attorney

02/01/2023 Amending a Trust: Use of Power of Attorney Late January 2023, the court of appeals issued a precedential opinion on amending a trust. In a question of whether a valid power-of-attorney had…

Gallatin Law Prevails in Trial Again!

12/14/2022 Gallatin Law Prevails in Trial Again! Another trial decision came in at the end of last week. This time it was a court trial (the judge decides the case) in Anoka County. At issue was…

A Joyous Season

12/07/2022 A Joyous Season It is snowing. It's cooler (not cold). There are opportunities out there that don't exist in the summer. I hope you are able to enjoy the…

2 Trial Wins, 1 Trial So-So

11/30/2022 2 Trial Wins, 1 Trial So-So In the last couple of weeks, three trial decisions have come in. Two were court trials, which means the judge decided the case. The other was a…

Condition Precedent to Performance

11/09/2022 Condition Precedent to Performance Condition precedent: what has to happen by one side before the other side has an obligation. Or, Party A must do X before Party B is obligated to…

An Investment Book Applicable to Every Day

11/02/2022 An Investment Book Applicable to Every Day The New Buffetology is a book written by two people who apparently have some great insight into the legendary Warren Buffet. They wrote a book on…

Short-Sighted Lawyering

10/26/2022 Short-Sighted Lawyering A news story illustrates why lawyers get such a bad rap. In this case, the negative reaction to the lawyering involved is absolutely deserved.