Constitutional Law / Privacy Law

U.S. Constitution and Minnesota Constitution Issues

First Amendment Right Privacy Rights • Due Process

Constitutional Law
Privacy Law Overview
Our Privacy Law Practice
Representative Cases and Transactions

Mansfield, Tanick & Cohen provides individuals and businesses with comprehensive and creative representation in a variety of areas, including invasion of privacy and constitutional law matters relating to:

Freedom of the press
Freedom of speech
Freedom of religion
Due process and equal protection
Other civil and criminal law matters

Based in Minneapolis, our constitution law and privacy rights lawyers represent parties in the Twin Cities, all Minnesota, the Midwest and nationally.

Constitutional Law

A substantial portion of our work consists of representing individuals challenging governmental laws and regulations that infringe on their constitutional rights, including First Amendment provisions under the U.S. Constitution, as well as the Minnesota Constitution.

The law firm also represents organizations and entities in connection with defending against constitutional challenges to their policies, procedures, and practices. Representative clients include major national, regional, and local trade associations; nonprofit organizations; publications; authors; journalists; photographers; and business groups.

Protecting constitutional rights in Minnesota and nationwide: Contact Mansfield, Tanick & Cohen online or call 612.339.4295 for experienced representation in all constitutional law matters.

Privacy Law Overview

Mansfield, Tanick & Cohen, P.A. is well known in the Twin Cities for its practice in the in the growing area of privacy law, which has become an area of increasing concern as technology intrudes in every aspect of everyday life, and more and more personal information is shared among businesses.

Common Law

The State of Minnesota became one of the last states in the union to recognize a common law right to Privacy in 1998 when the State Supreme Court issued its landmark ruling in Lake v. Wal-Mart, 582 N.W.2d 231 (Minn. 1998). The court recognized three types of claims under that right:

Intrusion upon seclusion, which comprises a form of physical invasion "upon the solitude or seclusion of another or his privacy affairs or concerns," much like physical trespass.
Publication of "private facts" which consist of the communication of true facts that, although not defamatory, would be offensive to a reasonable person and is not of "legitimate concern to the public."
Misappropriation of identity, which constitutes an unauthorized exploitation of the name or likeness of another, often for commercial purposes.

Statutory Law

Our attorneys are extensively grounded in the many state, federal, and local statutes and regulations that govern or touch upon the area of privacy, including:

The Federal Freedom of Information Act
The Minnesota Government Data Practices Act
The Minnesota Patient's Bill of Rights
Minnesota's Medical Records Act
The Federal Education Right to Privacy Act
The Federal Right to Financial Privacy Act
The Americans with Disabilities Act

Our Privacy Law Practice

Several attorneys at Mansfield, Tanick & Cohen devote part of their practice to the area of privacy law.

Marshall H. Tanick has lectured and written in the area of Data Practices and Privacy law, including "How is Lake Flowing?", written for the Bench & Bar Magazine. He also Chaired and spoke at a seminar entitled "Privacy 2000" for the Minnesota Institute of Legal Education seminar on the same topic.
Phillip J. Trobaugh has served as an Adjunct Professor of Privacy Law at the Hamline University School of Law and has worked on a number of diverse privacy law matters, including privacy in the workplace and in educational settings, as well as emerging technology issues.
Teresa Ayling, a former Nurse, litigates privacy cases involving medical records and privacy in the workplace.

Representative Cases & Transactions

Many of the firm's privacy cases are, for obvious reasons, resolved on a confidential basis, but the following are few examples of its work in this area:

The Firm was instrumental in achieving a favorable settlement in excess of $1 million for tens of thousands of class members in the Bergman v. U.S. Bank litigation, (D. Minn. 99-CV-1038) in which it represented the plaintiffs who were victimized by U.S. Bank's selling of confidential financial information to telemarketers. The case also led to the Bank changing its policies and creating a position for Chief Privacy Officer.
Mr. Tanick and Ms. Ayling recently successfully represented the parents of a school-age child who wrongfully denied access to the child's academic records, resulting in a divulgence of the records and approximately $25,000 for the parents. Baldwin v. Independent Sch. Dist. No. 2687, (Minn. Ct. App. 1998), C3-98-92.
Mr. Tanick represented "Spanky" McFarland of the "Our Gang" and "Little Rascals" vintage movie series in protecting his right to publicity in which the district court ruled in favor of privacy rights for entertainers. McFarland v. E & K Corp. 1991 Lexis 1496, 18 U.S.P.Q.2d 1246 (D. Minn. 1991) and McFarland v. Miller, 14 F.3d 912 (3d Cir. 1994).

The firm also assists business in formatting policies and procedures on privacy in the workplace and with regard to their contracts with customers.

Call 612.339.4295 or e-mail Phil Trobaugh or Marshall Tanick for more information on privacy law.

The Privacy Law Department publishes a newsletter called Data Watch, which summarizes recent development in privacy laws.