Additional information to follow. Please contact us to learn more.

Prior Forums:

Location, Location, Location: Strategies for Administering and Litigating Trusts Across State Lines (Sept. 16, 2025)

Maslon's Inaugural Forum on Wealth Management and Litigation (Sept. 12, 2024)

Jack brings more than a decade of experience advising clients on estate planning and probate and trust administration. He enjoys helping clients gain peace of mind by planning for their future needs and guiding family wealth to the next generation.

Regarded as a leader by his colleagues, Jack co-leads a study group of estate planning attorneys and enjoys mentoring law students and new attorneys. He is often asked to present to his peers on probate and estate planning topics.

Jack earned his J.D. at the University of St. Thomas School of Law, where he represented clients as a certified student attorney in the nationally renowned Elder Law Clinic. Prior to law school, he studied history at the University of Minnesota.

Maslon attorney Susan Link worked with the MSBA to establish the program in Minnesota and has served as its program director since the program’s inception in 2007.

“We are immensely gratified to provide first responders with the peace of mind that comes with knowing their affairs are in order,” Susan said. “It is such a privilege to work with first responders and their spouses, and we hope to serve many more.”

Volunteers travel to sites around the state, meeting with first responders at evening or weekend clinics to prepare, review, and sign estate planning documents.

The Wills for Heroes (WFH) program began in South Carolina after 9/11 and is designed to assist emergency personnel in preparing basic estate planning documents (wills, health care directives, and powers of attorney) to protect themselves and their families. The Minnesota program is part of the MSBA’s Amicus Society, a 501(c)(3) nonprofit corporation, and is one of 27 programs nationwide.

For more about Wills for Heroes and how to volunteer, go to: Minnesota State Bar Association Wills for Heroes.

Susan served as the chair of Maslon's Estate Planning Group from 2007-2018. She is recognized as a Notable Practitioner in Minnesota for Private Wealth Law in Chambers High Net Worth (HNW) Guide (2018-2025) and she is a fellow with the American College of Trust and Estate Counsel.

ACTEC is an organization of trust and estate lawyers and law professors in the United States and around the world. Its peer-elected fellows are at the top of their profession, committed to maintaining excellence in the trust and estate legal field and to continually improving the practice of trust and estate law. ACTEC fellows are skilled and experienced in the preparation of wills and trusts, estate planning and probate procedure, and administration of trusts and estates of decedents, minors, and incompetents.

Michael previously served as state chair elect. He has been a fellow since 2017.

For more about ACTEC and its members, go to: ACTEC – The American College of Trust and Estate Counsel.

Michael focuses on high-end estate and tax planning, estate and trust administration, charitable planning, and business succession planning, helping his clients focus on what they want to accomplish with their wealth. He then works with them and their other professional advisors to develop and implement wealth transfer strategies that are consistent not only with their goals, but also with their cash flow needs and tolerance for risk.

Michael is ranked Band 1, the highest possible distinction, in Private Wealth Law in Minnesota in the 2025 edition of Chambers High Net Worth Guide.

The current cohort is once again the largest in UPLIFT's history, with the addition of Roseville Area High School and a total participation of 93 students. To date, 414 school students have completed the program, which is free of charge.

Launched by Maslon in 2017, UPLIFT is a legal diversity pipeline nonprofit serving middle and high school students reflecting the rich diversity of the Twin Cities. The afterschool mock trial program is taught by volunteer attorneys and law students who meet with participating students throughout the academic year, teaching them about criminal trials, rights, and the legal profession. Participation in the program helps students build confidence, develop analytical and speaking skills, foster long term vision, and create a framework to pursue academic excellence in high school.

This year's participants were assigned to teams representing either the prosecution or defense in the fictional case of State of Minnesota v. Coco St. Clair, which involves a fatal shooting that occurred during a dress rehearsal of an original play titled Burr during the famous Alexander Hamilton and Aaron Burr duel. To lend authenticity to the experience, students presented their cases before sitting Minnesota judges, including Maslon alumnus Martin Fallon of the First Judicial District, Mariam Mokri and Bridget Sullivan of the Fourth Judicial District, Der Yang of the Second Judicial District, and Minnesota Court of Appeals Judge JaPaul Harris. Volunteer coaches from Maslon included Nate Ajouri, Clayton Carlson, Gioia Gentile, Evan Nelson, Terry Newby, Renee Rice, and firm alum Cooper Ashley.

"The UPLIFT mock trial program serves as an opportunity for Twin Cities youth to see themselves as attorneys—at a time in their lives when it's soon enough to make a difference for their future," said Maslon Public Interest/DEI Counsel CB Baga. "The students grow so much throughout the year, finding their voice, developing their insights, and standing on their feet in the courtroom. Our volunteers are able to work closely with the students on their teams in a 1:2 or 1:3 ratio, which results in meaningful mentorship. The conversation starts with preparing for this first trial, and quickly develops into how to prepare for high school, college—and by the end of the season, the path to law school."

UPLIFT was founded by former Maslon attorney Catherine Ahlin-Halverson.

Confidential client communications with an attorney for the purpose of receiving legal advice are privileged. In litigation, an opposing party cannot discover these communications unless privilege is waived. Privilege belongs to the client, so when clients disclose attorney-client communications to a third party, they typically waive that privilege. Separately, attorney work product is information generated for litigation either by an attorney or at an attorney's direction, which could include documents created by a client. Work product privilege can be waived if the information is disclosed to a third party or if its confidentiality is not protected.

Clients may want to use AI to organize or develop their thoughts on legal matters and to ask legal questions short of discussing everything with counsel. Potential issues arise when clients upload attorney work product or otherwise privileged communications (e.g., a draft brief or an email) into public AI large language model tools like ChatGPT or Claude. This kind of use raises questions about whether a client's disclosure of attorney communications or work product in public AI tools constitutes disclosure to a third party that waives applicable privileges. It also raises questions about whether clients' use of generative AI platforms creates privileged work product.

Federal courts are developing a framework for analyzing privilege in this context, but the picture is not yet clear. Two cases from February 2026 illustrate this developing case law. First, United States v. Heppner held that a client's communications with public AI platforms, like ChatGPT, Gemini, and Claude, are neither protected by attorney-client privilege nor the work product doctrine. --- F.Supp.3d ---- (S.D.N.Y. Feb. 17, 2026). Second, Warner v. Gilbarco, Inc., held that a client's use of AI tools for drafting assistance constitutes protected work product that opposing parties cannot discover. 2026 WL 373043 (S.D. Mich. Feb. 10, 2026).

The Heppner Decision: Rejection of AI Privilege Protection

The Southern District of New York's decision in United States v. Heppner may be the first federal court decision to comprehensively address privilege issues in AI contexts, describing it as "a question of first impression nationwide." The court rejected both attorney-client privilege and work product protection for a client's communications with Claude, establishing a framework that likely applies to other public AI platforms.

In the criminal proceeding, the defendant had used Claude after receiving a grand jury subpoena to prepare "reports that outlined defense strategy." He input information he had learned through attorney-client communications, created the reports to have more efficient meetings with his attorney, and shared the AI product with his attorney.

The court held that the communications were not between client and attorney because "Claude is not an attorney" and no attorney-client relationship exists with AI platforms. The court rejected arguments that AI platforms function like other software tools, explaining that recognized privileges require "a trusting human relationship" with "a licensed professional who owes fiduciary duties and is subject to discipline," which cannot exist with AI platforms.

For work product protection, the court found that AI-generated documents were not "prepared by or at the behest of counsel" and did not "reflect defense counsel's strategy" at the time of creation. The defendant created the documents "on his own volition," meaning he was not acting as counsel's agent. Ultimately, the court ordered disclosure of his prompts and the AI product to the prosecution.

The Warner Decision: Protection for AI Usage as Work Product

The Eastern District of Michigan's decision in Warner v. Gilbarco, Inc., took a different approach, holding that a litigant's use of AI tools for drafting assistance constitutes work product protected from discovery. The court denied a motion to compel production of information concerning plaintiff's use of third-party AI tools in connection with the lawsuit, finding that such information was not discoverable.

The court characterized AI platforms as "tools, not persons" and explained that work product waiver requires disclosure "to an adversary or in a way likely to get in an adversary's hand." Because AI tools like ChatGPT are not adversaries, and defendants presented no evidence that the plaintiff's use of AI made it likely that defendants would access the protected information, the court found no waiver.

The Warner court's protective approach applied standard work product doctrine to prevent discovery of the plaintiff's litigation preparation methods, including AI usage. The decision does not address attorney-client privilege waiver or situations involving more extensive AI data sharing that might substantially increase adversary access to protected information.

Takeaway: Be Cautious While Case Law Develops

AI is a valuable tool, but clients and attorneys must also understand its risks.

The distinction between public and private AI platforms appears crucial for privilege analysis. Public platforms like ChatGPT, Claude, and others typically involve data sharing that courts may view as third-party disclosure. Enterprise or private AI solutions with stronger confidentiality protections may receive different treatment, though no federal court has yet addressed this distinction directly. Clients and attorneys should be especially cautious when using public AI platforms, and they should have a discussion at the outset of their relationship about the topic to ensure otherwise privileged information is not inadvertently disclosed.

Second, clients should bear in mind the uncertainty in this developing case law. A court might determine that the client's usage of AI—not only the prompts used but also the resulting AI-generated content—is discoverable. It is best practice to consult with your attorney before using generative AI and inform your attorney about your AI usage.

We Can Help

Maslon's attorneys are ready to answer your questions about how to use generative AI while steering clear of potential privilege pitfalls.

Attorney Carly Johnson served as co-chair of the effort, with captains Yujin Jang, Jill Petrovich, and Emily Taylor coordinating Maslon's fundraising.

Maslon attorneys have a long history of involvement in Legal Aid. Partner Julian Zebot serves as chair of the Fund for Legal Aid board, and attorney Mary Knoblauch has been a Fund for Legal Aid board member for more than two decades; she formerly served as chair.

To learn more about the organization, visit: Mid-Minnesota Legal Aid.

Anna Barton, litigation attorney, serves as an adjunct for a breakout discussion once a week in a spring course called Civil Litigation: Case Development and Discovery. Professor Craig Roen teaches the plenary session.

Samantha Bates, litigation attorney, teaches the full-year course Civil Rights/Civil Liberties Moot Court. This is her second year.

Andy Jacobson, real estate attorney, has taught Real Estate Transactions in the fall semester since 2023. He previously taught the course at the University of St. Thomas School of Law for 20 years.

Jim Long, litigation attorney, has taught Antitrust Law each spring for the past four years. He taught courses previously at Mitchell Hamline and Hamline law schools.

Annika Misurya, litigation attorney, is teaching two spring courses: Modern Discovery Strategies and Technologies, an upper-level seminar, and Law in Practice, a 1L experiential learning course.

Michael Sampson, chair of the Estate Planning Group, teaches Wills, Trusts & Estates, typically in the fall, as he has done for four years. He previously taught courses for 14 years at Mitchell Hamline and Hamline law schools.

Melissa has extensive experience helping clients protect and grow their business in a competitive marketplace. Licensed to practice in Minnesota, California, and Arizona, she focuses her practice on the full spectrum of employment counseling and litigation matters in addition to business disputes involving non-competition and non-solicitation agreements, trade secrets, business contracts and torts, and unfair competition and trade practices.

Melissa also maintains a robust employment investigations practice. Her clients include multinational corporations, small businesses, and individuals, and she serves as a trusted advisor in a wide variety of litigation matters in state and federal trial and appellate courts, arbitration, and mediation.

Maslon’s founding story is one of considerable challenges and fierce determination—anchored by a profound commitment to Minnesota.

Upon graduating from Harvard Law School in 1923 and clerking for U.S. Supreme Court Justice Louis D. Brandeis, firm namesake Samuel H. Maslon built his own successful practice as a corporate and tax attorney after he was denied opportunities at the established firms in his hometown of Minneapolis, where anti-Semitism ran deep.

Meanwhile, three other prominent Jewish attorneys, Sidney Kaplan, Hyman Edelman, and Sheldon Kaplan, formed a partnership in 1946 that expanded in 1956 to include Sam Maslon, Roger Joseph, and Marvin Borman—which then became Maslon, Kaplan, Edelman, Joseph & Borman.

Today, over 80 attorneys practice at Maslon across corporate & securities, estate planning, financial services, labor & employment, real estate, and litigation—with nationally known practices in tort & product liability, insurance recovery, and construction and real estate litigation. Individuals, closely held companies, and large multinational corporations alike trust Maslon to develop forward-looking legal strategies that will advance their most important goals.

Along with providing exemplary legal services, Maslon proudly sustains the values inspired by its founders: respecting diversity, taking care of firm members, and giving back to the broader community—including through pro bono legal service to protect both individual rights and the collective rights of the disadvantaged.

“Maslon has always been a forward-looking firm—for the clients whom we have been so privileged to serve, for our people, for our profession, and for our community,” said Firm Chair Keiko Sugisaka. “On our 80th anniversary, we reaffirm our commitment to the values that have made us who we are today, and we look forward to continuing our legacy of service and excellence to our clients and community for many years to come.”

Over the decades, Maslon attorneys have played key roles in city, state, national, and international history. Sidney J. Kaplan served as a prosecutor at the International Military Tribunal at Nuremberg following WWII, at which Nazi leaders stood trial for their crimes. Hy Edelman served in the mid-1940s on then-Minneapolis Mayor Hubert Humphrey's Council on Human Relations, which drafted the nation’s first municipal fair employment law prohibiting discrimination on the basis of race, creed, or color. Bill Pentelovitch represented plaintiffs in litigation to desegregate the Minneapolis Public Schools in the 1970s.

More recently, in 2020, after the murder of George Floyd by Minneapolis police, Steve Schleicher was asked by Minnesota Attorney General Keith Ellison to serve as pro bono special prosecutor for the state of Minnesota in the prosecution of former police officer Derek Chauvin—culminating in a six-week trial in 2021 that was broadcast worldwide. The jury convicted Chauvin on all counts, and the U.S. Supreme Court later rejected Chauvin's appeal of his conviction. Maslon was honored to support Steve and the team that assisted him—primarily Stephanie Laws and David Suchar—who dedicated more than 2,800 pro bono hours to the effort.

Other landmark matters include defending the designer of the collapsed I-35W bridge, the single most catastrophic transportation event in Minnesota; securing nearly $200 million in insurance proceeds for the settlement of the clergy abuse claims brought against the Archdiocese of Saint Paul and Minneapolis; obtaining a precedent-setting multimillion-dollar trial verdict on behalf of a class of hourly Walmart workers alleging violations of the Minnesota Fair Labor Standards Act; facilitating the transactions that established Indian gaming in Minnesota; supporting the founding and growth of some of the largest restaurant groups in the country; serving as outside general counsel to some of Minnesota’s largest nonprofit institutions; and assisting one of the country's largest financial institutions in obtaining billions of dollars of settlements on behalf of RMBS trusts it administered following the 2008 housing market collapse.

Maslon has also led the way in fostering a legal profession that reflects the rich diversity of the community it serves. In 1973, Maslon was one of the first major law firms in Minnesota to hire women attorneys; in 2003, it was the first to elect a woman, Terri Krivosha, as chair; and in 2021, with the election of Keiko Sugisaka, it was the first firm to elect a BIPOC woman to that role. Today, one-third of Maslon’s partnership and half of its leadership are women. And since 2017, the firm has given more than 320 young people from diverse backgrounds meaningful exposure to the practice of law through UPLIFT Legal Institute for Teens—a nonprofit that Maslon founded to provide free, after-school mock trial programming to middle and high school students.

In addition, Maslon is one of just a few of the largest Minnesota law firms to resist merger, a decision of which firm members are particularly proud. “After 80 years, we still believe that our independence preserves our distinct culture and creates value for clients in the form of judicious staffing, competitive rates, and tailored service,” Keiko said.

Never a firm to rest on its laurels, Maslon looks forward to many more years of serving its clients, investing in its people, and improving access to justice.

Since joining Maslon in 2018, Erin has been an integral part of both the commercial lending and corporate trust practice teams, leading or co-leading the documentation and closing of a number of highly complex commercial lending transactions. Most recently, she served as the lead attorney on a $300+ million syndicated secured loan transaction whose lead bank, our client, is among the top five in the U.S. The transaction involved a multi-jurisdictional group of borrowing entities located in the U.S., UK, Australia, and Brazil, making it necessary to coordinate with local counsel and to work through local law aspects in each jurisdiction. The transaction successfully closed in August 2025.

Erin’s corporate trust work involves defaulted or distressed corporate, municipal, or structured debt products. She counsels indenture trustees with respect to the administration of their duties, negotiates forbearance arrangements, manages bondholder communications and dynamics, and seeks court instruction with respect to the administration of corporate trusts.

Erin was honored this year among the Top Women in Finance by Finance & Commerce. She has also been recognized by Super Lawyers among Minnesota Rising Stars in 2023-2025, a distinction given to only 2.5% of Minnesota attorneys each year.

Notably, Maslon was also included as a National Best Law Firm for Securities Regulation (Tier 2), and Commercial Litigation, Corporate Law, and Litigation–Real Estate (Tier 3).

Collectively, 27 of Maslon’s practice areas were named on the overall list.

It is the 16th consecutive year that Maslon has been recognized as a Tier 1 Metropolitan Best Law Firm—that is every year since Best Law Firms began publishing. Achieving a tier ranking "signals a unique combination of quality law practice and breadth of legal expertise," according to Best Lawyers.

The full list of Maslon's ranked practice areas is below:

Minneapolis Best Law Firm Rankings:

Metropolitan Tier 1—

• Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law
• Business Organizations (including LLCs and Partnerships)
• Commercial Litigation
• Construction Law
• Insurance Law
• Litigation—Antitrust
• Litigation—Construction
• Litigation—Insurance
• Litigation—Intellectual Property
• Litigation—Real Estate
• Product Liability Litigation—Defendants
• Real Estate Law
• Securities / Capital Markets Law
• Securities Regulation
• Trusts & Estates Law

Metropolitan Tier 2—

• Closely Held Companies and Family Businesses Law
• Corporate Law
• Employment Law – Management
• Franchise Law
• Litigation—Labor & Employment
• Litigation—Trusts & Estates
• Mergers & Acquisitions Law
• Tax Law

Metropolitan Tier 3—

• Antitrust Law
• Banking & Finance Law
• Employee Benefits (ERISA) Law
• Litigation—Banking and Finance

National Best Law Firm Ranking, Tier 2:

• Securities Regulation

National Best Law Firm Ranking, Tier 3:

• Commercial Litigation
• Corporate Law
• Litigation—Real Estate

To view the full rankings, go to: Best Lawyers 2025 Best Law Firms Rankings.

Best Lawyers rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process.

Date: Oct. 8, 2025

Presenters:

• Evan Nelson, Partner, Trust & Estate Litigation Group, Maslon LLP
  Evan describes himself as a “death and dirt” lawyer. He represents clients in trusts and estate disputes, which often come to a head after a family member has died, and in real estate litigation, where clients dispute who owns and controls access to "dirt." Because the two often intersect, as people will gift land (or attempt to do so) via their wills or trusts, Evan’s distinct capabilities prove particularly beneficial. Trust and estate law is written to balance the interests of fiduciaries and beneficiaries. Evan has significant litigation experience representing both sides, and he enjoys using that experience to craft a successful litigation strategy tailored for either type of client.
• Nate Ajouri, Associate, Trust & Estate Litigation Group, Maslon LLP
  Nate helps fiduciaries and individuals navigate often complex probate and estate litigation matters. He also works with a broad spectrum of organizations in business, commercial, and municipal litigation. Nate is dedicated to helping clients through all stages of the process, working closely with them to achieve their goals. He often draws upon his experiences living and studying internationally to offer a unique perspective on his clients' concerns.
• Kelley Scrocca, Counsel, Estate Planning Group, Maslon LLP
  Kelley is a highly experienced trust and estate attorney who specializes in assisting ultra high net worth clients with estate planning, asset protection planning, and complex trust administration. She has represented a wide range of individuals, from professional athletes to ranch owners to members of the U.S. Congress. Kelley works closely with both clients and their families to understand their goals, facilitate wealth transfer, and establish an enduring legacy for future generations.

Continuing Education: Maslon will seek approval with the Minnesota State Board of Continuing Legal Education for 1.0 hour of standard CLE credit, and with American Bankers Association (ABA) Professional Certifications for the equivalent Certified Trust and Fiduciary Advisor (CTFA) credit.

To register, please contact us at info@maslon.com.

Chief Justice Hudson specifically called out Jim’s "substantial contribution of over 246 hours to the Legal Paraprofessional Pilot Project, which significantly advances access to justice for low-income Minnesotans." The statewide program, which allows approved Minnesota legal paraprofessionals to represent and advise clients in select matters with attorney oversight, was made permanent on Jan. 1, 2025. Jim served on the Legal Paraprofessional Pilot Project Standing Committee beginning with its establishment in 2020, helped provide recommendations for implementing and evaluating the program, and presented the oral argument to the Court in 2024 in support of adopting the committee's recommendation to make the program permanent.

Jim has over 40 years' experience trying cases and counseling businesses in the areas of antitrust law, franchise law, and dealer/distribution law. He has successfully represented clients in multiple state and federal courts across the country; successfully tried cases to juries in antitrust, franchise, dealer termination, and breach of contract cases; responded to state AG, DOJ, and FTC investigations; worked on numerous arbitrations; and argued appeals in the Seventh and Eighth Circuit appellate courts in addition to several state appellate courts.

Jim’s commitment to pro bono work has spanned decades and includes continued service with Children's Law Center of Minnesota, Volunteer Lawyers Network, the Fourth Judicial District's Pro Bono Mediation Project, and as a member of the Supreme Court's Legal Services Advisory Committee (LSAC) from 2021 to 2025. Jim has been a Minnesota State Bar Association North Star Lawyer since the program's inception and received the Hennepin County Bar Association 2016 Pro Bono Publico Distinguished Service Award.

Mansfield’s data-driven certification process ensures that all qualified talent has a fair and equal opportunity to advance into leadership roles. Since first participating in 2021, we have committed to making our advancement processes more transparent, to expanding talent pools for hiring and promotions, and to engaging meaningfully with the community of Mansfield Certified firms through a variety of programs—including monthly learning sessions to share best practices and collaborate on solutions to shared challenges.

We also appreciate that a U.S. federal court recently affirmed that Mansfield aligns with anti-discrimination laws, reinforcing the legal integrity and strength of our work alongside other Mansfield Certified firms.

Mansfield is a program of Diversity Lab, which leverages data and behavioral science to build talent systems that cultivate inclusive workplaces in the legal profession. Maslon shares Diversity Lab’s position that, by ensuring all lawyers have a fair opportunity to succeed, we are better equipped to serve our people, our clients, and our communities.

This half-day program in Minneapolis will feature two panel discussions on how to best serve high net worth clients with complex assets requiring multi-jurisdictional administration or litigation—with topics including situs, residency, and related tax issues, as well as venue and choice of forum in dispute resolution. Learn how to utilize residency to minimize taxes while avoiding audit issues and discover how being thoughtful about venue and location can play a game-changing role in trust disputes.

Agenda

• 9-9:30 a.m. | Registration & Breakfast
• 9:30-10:30 a.m. | Session 1: Where Is Your Heart's Home? Tax Residency Issues for Business Owners
• 10:30-10:45 a.m. | Break
• 10:45-11:45 a.m. | Session 2: "We're Not in Minnesota Anymore!" Administrative, Tax, and Litigation Considerations with Respect to Multi-Jurisdictional Trusts
• 11:45 a.m.-1 p.m. | Networking Lunch

Session 1 | Where Is Your Heart’s Home? Tax Residency Issues for Business Owners

Financial planning clients often have questions about residency and taxes—particularly when they are planning to sell or merge a business, or foresee another large income event, and when a trust is involved. The issue is more complex than many realize. What are the implications of timing? What does it really mean to “move” to another state? How are equity deals treated differently than asset deals? Attorneys Michael Sampson and Susan Markey have heard them all, from “Can I just park my RV in South Dakota and travel?” to “Why can’t I call my Lake Minnetonka mansion a cabin?” In this presentation, they discuss how a good estate plan and careful consideration of residency decisions can help clients minimize taxes when selling a business—while avoiding potential audit issues.

Speakers: Michael Sampson and Susan Markey, Maslon LLP

Session 2 | "We're Not in Minnesota Anymore!" Administrative, Tax, and Litigation Considerations with Respect to Multi-Jurisdictional Trusts

Many trusts with significant assets are multi-jurisdictional in nature, particularly where trust assets, trustees, and beneficiaries are located in different states. Our panel will discuss key considerations surrounding trust situs and jurisdiction. We will explore how conflicting state laws can affect trust administration, decanting and trust modification, fiduciary duties, and beneficiary rights, highlighting potential litigation risks (and opportunities) that may arise across jurisdictions. We will give special focus to the factors that may affect jurisdiction and venue in litigated matters, as well as tax situs implications, including state income tax exposure and planning opportunities. In this presentation, forum attendees will gain practical insights for advising clients and mitigating legal and tax risks in the administration of multi-jurisdictional trusts.

Speakers: Julian Zebot and Evan Nelson, Maslon LLP; Andrea Smith, Wells Fargo Bank, N.A.

Registration

Please contact us to learn more.

Continuing Education

Maslon will seek approval with the Minnesota State Board of Continuing Legal Education for 2.0 hours of standard CLE credit, and with American Bankers Association (ABA) Professional Certifications for the equivalent Certified Trust and Fiduciary Advisor (CTFA) credit.

Katie has nearly 20 years of experience as a litigator defending complex product liability matters in state and federal courts, and has successfully represented clients of varying sizes across a range of product industries. Maechler currently co-leads the Maslon team serving as national trial and coordinating counsel for a major diversified water treatment company in personal injury and wrongful death claims arising from misuse of residential pool filters, as well as the written discovery team for a world-leading manufacturer’s national portfolio of PFAS litigation.

In 2023, Maechler was nominated for membership in the International Association of Defense Counsel (IADC), a select group of attorneys of “high professional standing” open by invitation only. Since then, she has participated regularly in the organization's meetings and is serving on the planning committee for the annual Product Liability Roundtable taking place next month in New Jersey, where she will be a presenter.

To learn more, see Minnesota Lawyer: Top Women in Law.

Inclusion in Best Lawyers and Best Lawyers: Ones to Watch is based entirely on peer review. Best Lawyers uses a survey process designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

Those included in Best Lawyers for 2026 are:

Karen Bjorkman
Real Estate Law

Margo Brownell
Commercial Litigation
Insurance Law
Litigation – Insurance

Judah Druck
Insurance Law
Product Liability Litigation – Defendants

John Duffey
Commercial Litigation

Bryan Freeman
Commercial Litigation
Insurance Law (Lawyer of the Year)
Litigation – Insurance

Matthew Frerichs
Litigation – Trusts and Estates
Trusts and Estates

Peter Hennigan
Commercial Litigation

Sarah Khoury
Trusts and Estates

James Killian
Commercial Litigation
Litigation – Construction

Brian J. Klein
Banking and Finance Law
Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law

Mark Klos
Banking and Finance Law

Mary Knoblauch
Employment Law – Management
Litigation – Labor and Employment

Jeffrey Koerselman
Litigation - Real Estate
Real Estate Law

Terri Krivosha
Business Organizations (including LLCs and Partnerships)
Closely Held Companies and Family Businesses Law
Corporate Law

Jason Lien
Commercial Litigation
Construction Law
Litigation – Construction

James Long
Antitrust Law
Franchise Law
Litigation – Antitrust

Matthew Loven
Real Estate Law

Susan Markey
Corporate Law

Michael C. McCarthy
Commercial Litigation

William Mower
Mergers and Acquisitions Law
Securities/Capital Markets Law
Securities Regulation

Terrance C. Newby
Litigation – Intellectual Property

Martin Rosenbaum
Securities/Capital Markets Law
Securities Regulation

Michael Rosow
Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law
Litigation – Banking and Finance
Real Estate Law

Michael P. Sampson
Trusts and Estates

Steven L. Schleicher
Commercial Litigation
Criminal Defense – White Collar

Jonathan Septer
Real Estate Law

David E. Suchar
Construction Law
Litigation – Construction (Lawyer of the Year)

Keiko Sugisaka
Commercial Litigation
Litigation – Intellectual Property
Product Liability Litigation – Defendants

Amy Swedberg
Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law

Clark Whitmore
Banking and Finance Law
Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law
Financial Services Regulation Law

Julian C. Zebot
Commercial Litigation
Litigation – Trusts and Estates (Lawyer of the Year)

Those included in Best Lawyers: Ones to Watch for 2026 are:

Nathaniel Ajouri
Commercial Litigation
Litigation – Trusts and Estates

Anna Barton
Commercial Litigation
Insurance Law

Jevon C. Bindman
Appellate Practice
Construction Law
Insurance Law

Carmen Carballo
Commercial Litigation

Clayton Carlson
Commercial Litigation
Criminal Defense – White Collar

Katie Eisler
Business Organizations (including LLCs and Partnerships)
Corporate Law

Carly Johnson
Commercial Litigation
Litigation – Construction
Litigation – Trusts and Estates

Jessica Karp
Corporate Law
Mergers and Acquisitions Law

Jeremy Krahn
Commercial Litigation
Product Liability Litigation – Defendants

David LaBerge
Real Estate Law

Abigail Maier
Commercial Litigation

Melissa Muro LaMere
Commercial Litigation
Labor and Employment Law – Management
Litigation – Labor and Employment

Evan A. Nelson
Commercial Litigation
Litigation – Real Estate
Litigation – Trusts and Estates
Real Estate Law

Jill Petrovic
Banking and Finance Law
Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law
Real Estate Law

Matthew Schwandt
Corporate Law

Haley-Rose Severson
Commercial Litigation

Michael Sheran
Commercial Litigation

Erin Snyder
Banking and Finance Law

Emily Taylor (Liebman)
Commercial Litigation

In addition, Legal Administrative Assistant Sue Sjodahl, who has held her position for 32 years and has played a key role in Maslon’s work for a large client, was recognized by Minnesota Lawyer as an Unsung Legal Hero.

To learn more, go to Minnesota Lawyer: 2025 Up & Coming Attorneys and Unsung Legal Heroes.

Sarah provides a broad range of services for her clients. She excels in designing and implementing intergenerational estate plans for clients involving complex business interests and real estate holdings; advising clients on estate, gift, and generation-skipping transfer tax planning strategies; and counseling personal representatives, trustees, and beneficiaries during the administration process. 

Sarah is an active member of the Minnesota State Bar Association Probate and Trust Section; she devotes pro bono assistance to the Jeremiah Program and the Minnesota Wills for Heroes program; she serves as an advisory council member for FOCUS Minnesota, a charitable outreach of the Orthodox Churches in the Twin Cities that provide basic-needs assistance; and she serves on the board of St. Elizabeth's Orthodox Church.

Jeremy focuses his practice on product liability defense, complex commercial disputes, and appeals. He is an exhaustive researcher, an exceptional writer, and a strategic, analytical thinker, all of which serves him well as a litigator. While still early in his career, Jeremy has already appeared and argued on several occasions before Minnesota’s appellate courts.

Jeremy is also deeply engaged with pro bono work – having averaged nearly 100 hours per year since joining Maslon – and considers it a central part of his role as an attorney. An immigrant himself, Jeremy’s pro bono practice has focused on immigration matters in particular, and he has secured significant wins on behalf of clients facing slim odds.

Only three other Minnesota firms were ranked Band 1, and only 10 other Minnesota private wealth law attorneys achieved top ranking.

The guide identifies top lawyers and law firms from around the world for private wealth law based on extensive interviews and research to assess technical legal ability, client service, depth of team, commercial vision and business understanding, diligence, value, and other qualities most valued by clients.

To read what clients said about Maslon's trust and estate practice, and about Mike, Julian, and Susan, see: Maslon LLP: Chambers High Net Worth Profile.

About Chambers and Partners
Since 1969, London-based Chambers and Partners has published world-famous guides to the legal profession. A team of over 200 researchers conducts continuous, in-depth telephone research for all guides.

“Imposter!” said no one to you ever. Yet we’re plagued by nagging thoughts of self-doubt, inner criticism, and imagined terrible possible outcomes. These unbidden thoughts are psychological constructs designed to keep us “safe,” yet they can literally sabotage our efforts, interfere with the trajectory of our careers, and cause us to miss out on business or professional development opportunities, because our discomfort overrides our courage.

This interactive experience offers a crash course in emotional intelligence, leaving you with tools to:

• debunk your imposter tendencies/beliefs;
• override unsupportive thinking patterns that interfere with our confidence and career progress;
• build trust and resilience; and
• cultivate confidence, courage, and self-efficacy.

Additionally, those responsible for leading others will gain perspective on how to prevent imposter beliefs within their teams and instead contribute to a culture of trust, confidence, and resilience.

Presenter Bio: Judith Gordon

Judith is a high-performance coach and facilitator who empowers executives, service professionals, and teams to excel without burnout. Her programs and coaching focus on equipping clients with immediately usable skills, tools, and strategies that optimize mental fitness, productivity, and high performance, build confidence and resilience, and exploit stress, so that they thrive in the workplace.

Judith comes to coaching and program facilitation from the trenches of legal practice. As an attorney, she experienced first-hand the challenges of client demands, internal pressures, external drivers, and time constraints.

Judith’s clients include senior executives, partners, and teams at corporations and firms across industries, including law, accounting, architecture, tech, entertainment, finance, and not-for-profit.

Judith is on faculty at UCLA School of Law, where she’s been teaching emotional intelligence, stress management, resilience, and high-performance skills for the past decade. At the core of her work is a commitment to seeing her clients thrive—professionally and personally.

Judith has degrees in biology and law, and certification in conflict resolution and mediation, emotional intelligence coaching, and systemic coaching. She’s completed coursework with the National Institute for the Clinical Application of Behavioral Medicine (NICABM), Mental Health First Aid Training, and she’s certified in administering DISC and the Social and Emotional Intelligence Profile (SEIP). She continues to engage in ongoing education and training in behavioral science to best serve her clients.

Maslon is seeking approval with the Minnesota State Board of Continuing Legal Education for 1.0 hour of mental health credit.

To register or ask questions about this program, please contact us at info@maslon.com.

Maslon attorneys recognized as 2024 North Star Lawyers are as follows:

CB Baga
Anna Barton
Jevon Bindman
Carmen Carballo
Clayton Carlson
Bryan Freeman
Emilio Giuliani
Peter Hennigan
Erica A. Holzer
Carly Johnson
Jessica Karp
Jeremy Krahn
Stephanie Laws
Susan J. Link
Jim Long
Abigail Maier
Annika Misurya
Evan A. Nelson
Bill Pentelovitch
Martin Rosenbaum
Haley-Rose Severson
Keiko Sugisaka
Emily Taylor (Liebman)
Laura Trahms-Hagen
Jeff Underhill

In addition to the MSBA's North Star Lawyers program, Maslon's long-standing commitment to pro bono work includes participation in the Pro Bono Challenge, a unique, aspirational pro bono standard developed by law firm leaders and corporate general counsel, which the firm has met in each of the past 10 years. Participating law firms acknowledge their institutional, firm-wide commitment to provide pro bono legal services to low-income and disadvantaged individuals and families and nonprofit groups.

For more information, go to: Minnesota State Bar Association's North Star Lawyer Program.

Additionally, Michael Sampson and Susan Link have been recognized on the 2025 Top 100 list, and Keiko Sugisaka and Susan Link are named to the Top 50 Women list. The Top 100 and Top 50 Women lists represent Minnesota lawyers who received the highest point totals during the nomination, research, and peer review process.

Maslon attorneys recognized on the 2025 Minnesota Super Lawyers list are:

• Jevon Bindman: Business Litigation
• Margo Brownell: Insurance Coverage
• Judah Druck: Insurance Coverage
• Bryan Freeman: Insurance Coverage
• Matthew Frerichs: Estate & Probate
• Erica Holzer: Business Litigation
• Brian Klein: Banking
• Mary Knoblauch: Employment & Labor
• Terri Krivosha: Business/Corporate
• Stephanie Laws: Personal Injury, Products – Defense
• Jason Lien: Construction Litigation
• Susan Link: Estate & Probate
• Jim Long: Franchise/Dealership
• Susan Markey: Tax
• Michael McCarthy: Business Litigation
• Terrance Newby: Intellectual Property Litigation
• William Pentelovitch: Business Litigation
• Martin Rosenbaum: Securities & Corporate Finance
• Michael Rosow: Creditor/Debtor Rights
• Michael Sampson: Estate & Probate
• Steve Schleicher: Criminal Defense: White Collar
• Jonathan Septer: Real Estate
• David Suchar: Construction Litigation
• Keiko Sugisaka: Personal Injury, Products – Defense
• Amy Swedberg: Bankruptcy: Business
• Julian Zebot: Estate & Trust Litigation

Maslon attorneys recognized on the 2025 Minnesota Rising Stars list are:

• Nathaniel Ajouri: Business Litigation
• Anna Barton: Business Litigation
• Carmen Carballo: Business Litigation
• Clayton Carlson: Business Litigation
• Sarah Khoury: Estate & Probate
• Abigail Maier: Business Litigation
• Evan Nelson: Estate & Trust Litigation
• Michael Sheran: Business Litigation
• Erin Snyder: Banking

Rising Stars are attorneys who are either 40 years of age or younger or in practice for 10 years or less.

Super Lawyers and Rising Stars are selected using a multiphase process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on the following 12 indicators of peer recognition and professional achievement: verdicts and settlements, transactions, representative clients, experience, honors and awards, special licenses and certifications, position within law firm, bar and/or other professional activity, pro bono and community service, scholarly lectures and writings, education and employment background, and other outstanding achievements. Selections are made on an annual, state-by-state basis. View full details on the selection process.

Kelley is a highly experienced trust and estate attorney who specializes in assisting ultra high net worth clients with estate planning, asset protection planning, and complex trust administration. She has represented a wide range of individuals, from professional athletes to ranch owners to members of the U.S. Congress.

Kelley works closely with both clients and their families to understand their goals, facilitate wealth transfer, and establish an enduring legacy for future generations. She offers a full slate of estate planning services, including complex trusts, special needs planning, LGBTQ-specific planning, agricultural estate and succession planning, and answers to gift tax questions.

Kelley earned a master of laws (LL.M.) degree at the University of Miami School of Law and her J.D. cum laude at the University of Minnesota Law School.

The Law Firm Pro Bono Challenge is a commitment made by major law firms around the country to devote at least 3% of their annual billable hours or a set number of hours per attorney to the provision of pro bono legal services to low-income and disadvantaged individuals, families, and nonprofit groups. The challenge is administered by the Law Firm Pro Bono Project of the Pro Bono Institute.

Seventy percent of Maslon's attorneys participated in qualifying pro bono work in 2024. In total, Maslon attorneys contributed 3,984 of their hours to pro bono service in 2024. Maslon's 2024 pro bono service included:

• Successful representation of a same-sex couple whose child's sperm donor sued for paternity.
• Winning the reversal of a criminal conviction for a client whose car was subject to a search by a drug-sniffing dog; Maslon successfully argued that police lacked a reasonable articulable suspicion to order the dog sniff.
• Securing employment authorization for an asylum client after he was denied due to U.S. Citizenship and Immigration Services (USCIS) failing to follow its own published guidelines.
• Representing local nonprofits to protect civil liberties.
• Successfully negotiating a settlement agreement in a federal case involving discrimination against a middle school student based on disability in partnership with Mid-Minnesota Legal Aid/Disability Law Center.
• Through referrals from Advocates for Human Rights, representation of asylum applicants from Afghanistan, El Salvador, Ghana, and Nigeria who were forced to flee their countries.
• Providing legal advice to clients through community partners' legal clinics, including the Volunteer Lawyers Network Legal Access Point Clinic, Wills for Heroes, and LegalCORPS.
• Representation of minors involved in child protection proceedings in partnership with the Children's Law Center of Minnesota.

"It is our privilege as attorneys to work on behalf of those who would not otherwise have access to legal representation," said Jevon Bindman, partner and chair of Maslon's Pro Bono Committee. "Pro bono work is also our moral and ethical responsibility. It is fundamental to the integrity of the judicial system and maintains our firm's long-standing commitment to community service."

The award recognizes law firms that have shown prolonged success and an ability to successfully navigate changing client needs, legal developments, technology, economic environments, and more. In addition to meeting benchmarks related to size, years of operation, and being based in Minnesota, selected firms have demonstrated steady growth, strong employee support programs and morale, and consistent community engagement.

Founded in 1946, Maslon is among the largest full-service law firms in Minnesota, but one of few to resist merger with a national firm. Our decision to remain independent has preserved our distinct culture and our ability to provide clients with responsive service, judicious staffing, and competitive rates. After nearly 80 years of practice, collaboration, mutual respect, and community involvement remain our cornerstones.

Recognizing that our attorneys and staff are individuals with families and personal lives that must be nurtured, Maslon carefully balances providing excellent client service with supporting the well-being of firm members. We are known for our flexible approach to serving clients and supporting employees, adopting new technologies and a hybrid work environment in recent years for greater efficiency. Maslon is also deeply embedded in the Twin Cities community, supporting a wide range of causes and allowing attorneys to count up to 100 hours of pro bono work towards their billable goals.

For more details, see Minnesota Lawyer: Best Legacy Law Firms.

Expansion of Dynasty Trusts in Minnesota

Most notably, the law signed by the governor on May 6 amends Minnesota’s rule against perpetuities, which provides an outer limit on how long trusts may exist. The previous rule required interests in a trust to vest within 90 years after the interest was created. Under the new rule, a trust’s interest must vest 500 years after the interest was created.

This significant change allows families to protect their assets for many generations while potentially avoiding federal transfer taxes. This rule only applies to trusts created on or after Aug. 1, 2025, and will not affect existing trusts.

The change brings Minnesota in line with the majority of other states that have already allowed for so-called “dynasty trusts.” Statutes in other states that have modified their rule against perpetuities vary in the length of time they allow assets to be held in trust, and while some states allow trusts to last forever, Minnesota’s generous 500-year period may be attractive for clients looking to establish dynasty trusts in Minnesota.

Duties and Liabilities of Directing Parties

The law also substantially clarifies and updates the duties and liability of directing parties in so-called “directed trusts.” It specifies that distribution trust advisors and investment trust advisors are fiduciaries who are potentially subject to liability unless their duties or liability are limited by the terms of the trust—even then, the statute provides that their duties or liability cannot be eliminated entirely. By contrast, under the amended statute, trust protectors are not fiduciaries unless the governing document provides otherwise. Similar to trustees, directing parties who are fiduciaries can limit their liability exposure by providing regular accountings and reports to the beneficiaries.

Relatedly, the “office of directing party” is now subject to default rules similar to those that apply to trustees with respect to issues such as fiduciary bonds, reasonable compensation, resignation, removal, and replacement unless the trust instrument provides otherwise.

Parental Inheritance Rights

Minnesota Statutes § 524.2-114 now bars parents of adult children from inheriting from their deceased child’s estate if a party can establish by clear and convincing evidence that during the child’s years of minority, parental rights could have been terminated and in the year preceding the child’s death, the parent and deceased child were estranged. Previously, the statute only applied to the estates of children who died before reaching the age of 18.

While it remains a best practice to expressly disinherit family members by way of a duly executed estate plan, this statute seeks to ensure a decedent’s wishes are fulfilled even if they die without a valid will. This statute may also open the door to broader litigation efforts. That said, with the heightened clear and convincing evidence standard, proving that parental rights could have been terminated during a decedent’s childhood may prove to be a challenge depending on the age of the decedent at the time of their death.

Update Reflecting the Tomczik Decision

In July 2023, we published a legal alert discussing Matter of the Estate of Mathew Joseph Tomczik. In Estate of Tomczik, a divored decedent’s former in-laws alleged that they were entitled to inherit under Tomczik’s will because a gift to “my spouse’s heirs” remained in effect following their daughter’s divorce. The Minnesota Supreme Court held that such a position would lead to outcomes that many divorced couples would not intend.

The legislature has now clarified that members of the former spouse’s family who are not also members of the deceased individual’s family (e.g., common descendants) do not inherit under a will, beneficiary designation, or trust following a divorce. Upon a divorce or annulment, the nomination of a former spouse’s family member to serve as a personal representative, conservator, agent, or trustee also lapses.

Time Limit to Contest Decedent's Revocable Trust

Under the clarified statute, a trustee can limit the time in which a person can challenge the validity of a now-deceased settlor’s trust to 120 days by sending the beneficiaries a copy of the trust instrument and a notice informing the beneficiaries of the settlor’s death, the trust’s existence, of the trustee’s name and address, and the time allowed to commence a proceeding. Previously, the notice did not require the trustee to inform a party of the settlor’s death.

Modification of a Trust by Financial Agents

The new law also modified Minn. Stat. § 501C.0411(a) to allow an individual acting under a power of attorney to consent to the modification or termination of a noncharitable irrevocable trust if the power of attorney expressly authorizes it. This change now specifically requires that a power of attorney expressly authorize the power rather than simply designating the person as a financial agent. The statute also makes clear that a Minnesota statutory short form power of attorney does not authorize the agent to participate in the modification or termination of a trust. In addition, an agent may modify or terminate the trust if they are expressly authorized to do so by the terms of the trust.

Modification of Uneconomic Trusts

The new law also increases the threshold for a trustee to modify or terminate an uneconomic trust without court approval from $50,000 to $150,000. If the assets in a trust are worth more than $150,000, the trustee may ask the court to terminate and distribute the trust or appoint a different trustee if the court concludes that the value of the trust property is insufficient to justify the continued cost of administration.

We Can Help

Maslon’s Trust & Estate Litigation and Estate Planning attorneys welcome your questions about trusts, trustees, and legal precedent in this often complex area of law.

Presented by Rosemary Hollinger, professional coach and founder of Partner Up LLC, this presentation will provide attendees with an increased understanding of ADHD, a condition that the American Bar Association has estimated impacts 12.5% of lawyers in the profession. Attendees will come away with practical strategies for improving communication and outcomes when working with people with ADHD or other neurodivergent thinkers, including clients, colleagues, and the broader legal community. Additionally, for those lawyers with ADHD, the presentation will provide advice for practicing law with this disability.

Rosemary Hollinger is a lawyer and an ADHD coach specializing in coaching lawyers. She graduated from Georgetown University Law Center and practiced for over 30 years as a legal aid attorney, an associate in a law firm, and finally as an enforcement attorney at the U.S. Commodity Futures Trading Commission.

Maslon has sought approval with the Minnesota State Board of Continuing Legal Education for 1.0 hour of mental health credit.

To register or ask questions about this program, please contact us at info@maslon.com.