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 - 2020
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
    • 40%Business/Corporate
    • 20%Real Estate: Business
    • 20%Employment & Labor: Employer
    • 20%Mergers & Acquisitions
    Focus Areas

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

    Selections

    Selected to Super Lawyers for 4 yearsmiddle-imageSelected to Rising Stars for 3 years

    Super Lawyers: 2017 - 2020 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:

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

    Pro bono/Community Service:

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

    Scholarly Lectures/Writings:

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

    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
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    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: 2/12/2020

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