About Benjy Schirm, J.D.
Benjy Schirm is a storyteller, writer and advocate. He attended the University of Iowa as an undergrad, worked as a theater artist, and went on to earn a J.D. from Western Michigan University so he could take his storytelling from the stage to the courtroom. He has contributed to legal publications in Minnesota, and is a North Star Lawyer, full-time public defender serving Rice County, and on the 4th District Ethics Committee as an investigator.
Articles written by Benjy Schirm, J.D.
What Is Adverse Possession?
What if I told you that someone could take your property out from under you — without paying for it? In general terms, that’s what adverse possession is. If someone trespasses onto another person's property openly and uninterrupted for a certain period of years, the property owner, who has a deed, can no longer sue to stop the trespasser. As a consequence, ownership of the real property passes to the adverse possessor. Speak with a real estate lawyer for personalized legal advice in an …
Environmental Business Regulations: Preparedness and Compliance
It’s a nightmare scenario: You’ve spent your life building your business into a largely successful operation when there’s an accidental chemical spill on your property. How can you, as a business owner, be prepared for this and other unforeseen environmental issues? 1. Report Environmental Issues to the Public Environmental attorney Ted A. Warpinski notes that the first thing a business owner should know is the EPCRA, or Emergency Planning and Community Right to Know Act. The EPCRA …
When Can I Sue for an Environmental Nuisance?
You can sue for environmental nuisance when a neighboring property owner interferes with the quiet enjoyment of your own property. A private nuisance claim is based on the unreasonable interference with your land, and you can file a lawsuit for an injunction against the polluter to abate the nuisance and stop the environmental contamination. Public nuisance causes harm to the public, including noxious odors, toxic emissions, or excessive noise posing health risks. Seek financial compensation …
How Do I Protect a Secret Family Recipe in Minnesota?
To protect a secret family recipe under Minnesota law, you must protect the economic value as a trade secret, with confidentiality agreements and NDAs. For trade secret legal protections, the recipe owner must make reasonable secrecy efforts against misappropriation, such as using a non-disclosure agreement to stop former employees from recipe theft. Competitors could reverse engineer a recipe, but they cannot use illegal means to gain a competitive advantage. For unauthorized disclosures, …
Negotiating Employment Contracts in Georgia
Negotiate an employment contract in Georgia with research to understand the range of compensation and benefits, including job protections and limitations of non-disclosure agreements on employee rights. Employment contracts use restrictive covenants with legal consideration to keep secrets under breach-of-contract penalties, whereas workers without a signed agreement have employment at will under Georgia contract law. Employers seeking to keep trade secrets private include non-compete and …
Minnesota Business Formation: Pitfalls To Avoid
You’ve been talking about it for years: striking out on your own, hanging your own shingle, and being your own boss. If your stars are aligning — you have a business plan, the right partners, and the funding you need — here are some of the pitfalls you can avoid as you head out on your new journey as an entrepreneur. 1. Delaying Decisions About Business Structure No matter what industry or market you plan to enter, in Minnesota, you must consider the legal ramifications of running a …
Minnesota Marriage Laws: Legal Risks for Newlyweds
I do. You’re on top of the world: Your wedding plans have worked out flawlessly; all the guests came, and they all had the time of their lives. Now, you and your best friend are beginning your lives together. It may be the first time that you consider an estate plan. Power of Attorneys Any married couple should have a power of attorney in place. This document, signed by both parties, can be incredibly useful, as it allows both spouses the power to sign documents and enter into contracts on …
Is a Trademark Worth the Cost?
A trademark is worth the cost if you want to protect your brand name and there is a risk of trademark infringement. Trademark registration costs include USPTO filing fees and legal fees, and grant exclusive rights to the intellectual property, allowing for cease-and-desist infringement enforcement. The return on investment depends on the long-term value of your brand protection as a business asset. Federal registration provides nationwide notice through trademark searches for protection against …
Did My Doctor Make a Mistake?
A 40-year-old woman goes in for a routine mammogram, and is eventually told she has an aggressive form of cancer; both breasts need to be removed. They are, immediately, and as she’s leaving the hospital, the doctors tell her they had mixed up her pathology results with another patient’s. They had removed her breasts in error. “Incidents like this happens all the time,” says medical malpractice attorney Chris Messerly. “But most hospitals don’t want the public to know about their …
How Do Authors Protect Their Copyright?
Authors protect their copyright by recording their work in a tangible form, but formal registration with the U.S. Copyright Office provides stronger federal protections, including statutory damages for unauthorized use. Copyright registration gives copyright notice to others that the author has exclusive rights to their works and infringement is subject to cease and desist enforcement and legal remedies, including statutory and actual damages. Authors can sell their intellectual property …
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