BGS Proudly Supports the Minnesota Trucking Association
September 20, 2024 | Carole Clark Isakson
As they have for many years, BGS attorneys James Wills and Carole Clark Isakson attended and participated in the annual Minnesota Trucking Association conference in northern Minnesota last month. Corporate paralegal Rachel Schwankl also returned for another year of conference events, and associate Jacob LeVahn attended for the first time this year to round out the team. BGS is a member of the MTA and sponsors various events throughout the year for the organization, including the keynote speaker at the annual conference. This year’s conference featured multiple networking and educational events, including a keynote speaker (introduced by Jake) and Carole’s seminar on various aspects of broker and carrier liability. That topic is key for trucking companies that frequently have an affiliate with a broker’s license or broker freight internally. Understanding the risks inherent in these operations and how to best protect against liability is critical for brokers and carriers. The event was held at Cragun’s Resort in Brainerd, and attendees enjoyed both the conference and its location. Daily events included meetings, seminars, and social gatherings. More information on Barna, Guzy & Steffen’s transportation department can be found here: https://www.bgs.com/business-law/transportation-law.
Read MoreBe Wary of Letters from Lawyers Claiming Your Company Name Is at Risk
September 16, 2024 | Carole Clark Isakson
Over the last several months, we have seen an uptick in the number of false claims being made concerning company names. These claims come in the form of a letter from a lawyer warning the recipient that its business name is about to be “taken” by a third party. There is an offer of help, and frequently a claim that if the recipient doesn’t act, this unknown third party will file a trademark application on the company name and deprive the recipient of the right to use it. THESE CLAIMS ARE GENERALLY FALSE. There is a difference between an entity name (i.e. for an entity that is created at the Secretary of State level) and a trademark, although they can certainly also be the same. A trademark designates the source of goods or services. It exists, meaning you own rights to it, when you start using it. One way to enhance the protection of a trademark is to file an application to register it with the United States Patent and Trademark Office—though you still own it and have rights to it even if you do not register it. This is a common misconception, and one that lawyers prey upon. Simply put, your company name is yours in the state where you created it. And if your…
Read MoreAll About NDAs (And Why Your Business Needs Them!)
September 12, 2024 | Carole Clark Isakson
This blog focuses on the many times your business will need an NDA—and why printing one from the internet might not accomplish what you need. A Non-Disclosure Agreement (NDA) is a binding document that restricts one party or multiple parties from disclosing certain information that is to be shared. Key points: An NDA can be in favor of only one party or cover all of them. Don’t assume the NDA that is presented to you covers your information unless it specifically says it does. The NDA should state its purpose. If there is a question later about how to interpret the document, knowing why the parties entered into it in the first place will help. The document will include a definition of “Confidential Information” which may need to be revised to reflect your specific data. The NDA will state how the Confidential Information can be used and by whom. Pay attention to this section, and make sure that the other party is responsible if its representatives wrongfully disclose or use your information. A common provision in more current NDA forms will provide for the destruction of the information under certain circumstances. Your attorney will ensure this is correctly drafted to protect your information and address the fact that electronic records may live forever. A well-crafted…
Read More