James C. MacGillis

Attorney Profile

Top Rated Business & Corporate Attorney in Minneapolis, MN

Trepanier MacGillis Battina P.A.
 | 8000 Flour Exchange Building, 310 Fourth Avenue South
Minneapolis, MN 55415
Phone: 612-455-0503
Fax: 612-455-0501
Selected to Super Lawyers: 2017 - 2018
Selected to Rising Stars: 2006, 2009 - 2010
Licensed Since: 1998
Practice Areas:
  • Business/Corporate (40%),
  • Real Estate: Business (20%),
  • Employment & Labor: Employer (20%),
  • Mergers & Acquisitions (20%)
Languages Spoken:
  • English,
  • Spanish
Attorney Profile
I am a business and employment law attorney focusing on the business, employment and litigation needs of entrepreneurs and growing businesses. I frequently advise clients on mergers & acquisitions, employment agreements, non compete and severance agreements, and trademark and copyright disputes.   My transactional background, coupled with my understanding of and experience in pursuing litigation when necessary, is particularly well-suited to small and medium-sized businesses that need their legal concerns addressed promptly, efficiently, and effectively.    I pride myself on exceeding my clients’ expectations. My responsiveness, creativity and ability to efficiently evaluate, advise and advocate for clients has earned me the respect of peers, as I was named a Rising Star multiple times by Minnesota Law & Politics magazine, and since that time, a Super Lawyer.   I graduated from the University of Minnesota Law School in 1997, where I was a managing editor for the Minnesota Law Review.  After graduating from the University of Minnesota, I joined the Hinshaw & Culbertson law firm in its Minneapolis office, practicing primarily in business and corporate law. I am a founding partner of Trepanier & MacGillis P.A., which has added additional shareholders and is now known as Trepanier MacGillis Battina P.A.   I have spoken before classes at the University of St. Thomas New Venture MBA Program. I am currently on the Lawyer Referral & Information Service committee of the Hennepin County Bar Association.    I regularly volunteer with Legal Corps, a pro bono business clinic, and assist low income clients through the Volunteer Lawyers Network.  I am also a director of the North Oaks Home Owners' Association.   SPECIALTIES   Business, Contract & Corporate law Mergers & Acquisitions Non-compete Agreements Severance Agreements Commercial Real Estate  
 
Practice Areas
Lawyer Practice Area Pie Chart

Business/Corporate (40%): Business Formation and Planning, Limited Liability Companies, Partnership, Sub-chapter S Corporations, Contracts, Business Organizations

Real Estate (20%)

Employment & Labor (20%)

Mergers & Acquisitions (20%)

Focus Areas

Business Formation and Planning, Limited Liability Companies, Partnership, Sub-chapter S Corporations, Contracts, Business Organizations

Selections

Selected to Super Lawyers for 2 yearsmiddle-imageSelected to Rising Stars for 3 years

Super Lawyers: 2017 - 2018 Rising Stars: 2006, 2009 - 2010

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About James MacGillis

Admitted: 1998, Minnesota

Professional Webpage: http://trepanierlaw.com/james-c-macgillis/

Honors/Awards:

  • John Carroll University Honors Scholar
  • Alpha Signa Nu – Jesuit Honor Society

Bar/Professional Activity:

  • Eighth Circuit Court of Appeals, 1997
  • District of Minnesota, 1994
  • Minnesota Supreme Court, 1994
  • MacGillis Family Foundation (director)
  • Volunteer Lawyers Network
  • Hennepin County Bar Association
  • Minnesota State Bar Association
  • National Labor Relations Board
  • Minnesota Department of Labor & Industry
  • Minnesota Department of Human Rights
  • Minnesota Department of Commerce
  • Minnesota Department of Employment & Economic Development
  • Minnesota Board of Nursing Review
  • Financial Industry Regulatory Authority (FINRA)
  • Equal Employment Opportunity Commission
  • American Arbitration Association
  • HCBA Oversight Committee, Co-Chair
  • Hennepin County Bar Association Business & Securities Law Section, Co-Chair, 2009-2010

Pro bono/Community Service:

  • North Oaks Home Owners' Association - Board of Directors, 2016
  • Cubmaster for local Cub Scouts pack
  • Volunteer Lawyers Network - volunteer at Hennepin County District Court Self-Help Clinic

Scholarly Lectures/Writings:

  • "Annual Business Renewals Will Prevent Administrative Dissolution by Secretary of State", Trepanier MacGillis Battina Website (August 1, 2014)
  • "Stock Transfer to Spouse to Dilute Stock Levied Against by Creditors Violated Minnesota Uniform Fraudulent Transfer Act", Trepanier MacGillis Battina Website (August 28, 2014)
  • "The Trouble with Equality: 50-50 “Partnerships” and the Dangers of Impasse", Trepanier MacGillis Battina Website (September 1, 2014)
  • "Unjust Enrichment Claim Not a Viable Alternative to Piercing Corporate Veil", Trepanier MacGillis Battina Website (January 12, 2015)
  • "Minnesota Court of Appeals Holds Attorney Personally Liable for Law Firm Judgment", Trepanier MacGillis Battina Website (August 17, 2015)
  • "Tips for Preventing, Deterring, and Identifying Employee Fraud", Trepanier MacGillis Battina Website (June 1, 2015)
  • “The Dilemma of Disparity: Applying the Federal Sentencing Guidelines to Sentence Departures Based on HIV Infection,” Minnesota Law Review (v. 81, 1996)
  • “Supreme Court Clarifies ADA Definition of Disability,” Hinshaw & Culbertson Labor & Employment Update (August 1999)
  • “ADA Claim Not Barred by SSDI Disability Claim,” Hinshaw & Culbertson Labor & Employment Update (June 1999)
  • “Switching Gears: Trading in the View from the Office,” Bench & Bar of Minnesota (March 2002)
  • "Settling for an Unsecured Judgment May Be Unsettling," Trepanier Law Office Business Law Update (September 3, 2002)
  • "Agreements to Agree: Are they Enforceable?" Trepanier Law Office Business Law Update (January 9, 2003)
  • “Hip, Hip, HIPAA! Will You Be in Compliance by April 14, 2003?” Minnesota Transport Services Association Newsletter (March 2003)
  • “Non – Compete Agreements: Can They Be Assigned Under Minnesota Law?” The Hennepin Lawyer (August 2009)
  • “8th Circuit Rejects S Corporation Owner’s Characterization of Reasonable Compensation,” Trepanier & MacGillis Website (May 1, 2012)
  • “Employers Free to Disclaim Future Changes to Handbook Provisions,” Trepanier MacGillis Battina Website (May 9, 2012)
  • “Eighth Circuit Limits Definition of “Fiduciary” in Creditor’s Effort to Declare Debt Nondischargeable,” Trepanier & MacGillis Website (July 30, 2012)
  • “Considerations for Incorporating Your Entity in Delaware vs. Minnesota,” Trepanier & MacGillis Website (August 1, 2012)
  • “Life is a Circular Thing: Eighth Circuit BAP Finds Creditors’ New Value Contributed By Other Creditors,” Trepanier & MacGillis Website (November 14, 2012)
  • “It’s Time to Update Your Corporate Minute Book,” Trepanier & MacGillis Website (January 1, 2013)
  • “U.S. Supreme Court Decision Narrows Definition of Supervisor,” Trepanier & MacGillis Website (July 11, 2013)
  • “New Notice Requirements for Employers Under the ACA,” Trepanier MacGillis Battina Website (Oct. 1, 2013)
  • “Governor Dayton Approves Minnesota Adoption of Revised Uniform Limited Liability Company Act,” Trepanier MacGillis Battina Website (May 6, 2014)
  • "How to Avoid Exposure to the 3.8% Passive Investor Tax," Trepanier MacGillis Battina Website (June 1, 2014)
  • “Contract Drafting for Public Procurement Officers,” Minnesota Chapter of the National Institute of Government Purchasing (Minneapolis, Minnesota, March 1999)
  • "Business Structures for the Entrepreneur," New Venture MBA program at the University of St. Thomas (Minneapolis, Minnesota, Sept. 1999, Feb. 2000, Sept. 2001, Sept. 2002)
  • "Introduction to Drug and Alcohol Testing in the Workplace," Ridgeview Medical Center Business Medicine Division (Chaska, Minnesota, December 2002)
  • "The Assignability of Non – Compete Agreements in Minnesota," Hennepin County Bar Association Business & Securities Law Section (Minneapolis, Minnesota, 2009)
  • “Selecting a Business Entity for Your New Firm,” Minnesota Continuing Legal Education (Minneapolis, Minnesota, May 30, 2012)
  • "Starting Your Own Solo or Small Firm Practice," Minnesota Continuing Legal Education (Minneapolis, Minnesota, September 11, 2012)
  • Minnesota Law Review, Managing Editor

Representative Clients:

  • Software developers, computer service firms, trucking and storage companies, bio-energy consultants and developers, retail business owners, 2010

Newsletters:

Educational Background:

  • MA in Public Affairs, University of Minnesota Humphrey Institute, 1998
  • John Carroll University, B.A. cum laude, 1992

Industry Groups

  • Construction And Remodeling
  • Medical Technology
  • Restaurant
  • Software
  • Trucking
Office Location for James C. MacGillis

8000 Flour Exchange Building
310 Fourth Avenue South
Minneapolis, MN 55415

Phone: 612-455-0503

Fax: 612-455-0501

James C. MacGillis:

Last Updated: 11/14/2018

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