Category: Business Law
What Should be Included in an Arbitration Clause Used in Business Contracts?
October 10, 2022 | Joan M. Quade
Many companies are choosing arbitration to resolve business disputes, as litigation has become more and more expensive, and it sometimes takes years to get to trial. The district courts are still very behind from the COVID pandemic, adding to the delay. Even after trial, the appeals can go on for years, costing additional resources and time. So, what do you put into an arbitration clause that accomplishes what you want? First, you should always consult with your attorneys based upon your particular business needs. They can draft the perfect arbitration clause for you, after discussing your business goals and philosophy about dispute resolution. Some companies need or want to take a more litigation-like approach regarding disputes and want a requirement to arbitrate because of its cost savings and speed, but also to include some rights to limited discovery in the process. Other businesses take a more collaborative, problem-solving approach to reach a mutually beneficial and economical resolution to problems. They want a requirement in the clause to attempt to resolve any disputes before they file for arbitration, through settlement efforts or even mandatory mediation. If the collaborative, problem-solving method does not work, they want to streamline the dispute resolution through a well-defined arbitration process. Both philosophies need specific clauses that spell out the…
Read MoreWorkplace Investigations
October 4, 2022 | Joan M. Quade
What is a workplace investigation? A workplace investigation is where a private company or public employer, such as a city or county, hires an investigator, usually an attorney who is experienced in investigations and employment law, to gather documents and interview people to determine if wrongdoing has occurred or company policy has been violated. The investigation is needed to determine what occurred in a particular situation when facts are known or unknown, or allegations have been made about an event and the complete truth of what occurred is unclear. It is the job of the investigator to gather facts through the review of documents, review of video or other evidence, if available, and to interview people who may have knowledge and information helpful in discovering the truth. What are some examples of workplace investigations? Examples of some of the issues that many times require employment investigations include, but are not limited to, employee theft, allegations of sexual harassment or bullying, assault in the workplace, misuse of company property or funds, sharing of confidential company information, inappropriate use of the company internet and accessing inappropriate internet sites, falsely claiming to work full time, acceptance of gifts or other ethics standards set by the employer and other general claims of employee misconduct. For public employers,…
Read MoreBGS Transportation Team Celebrates Another Successful Appearance at the Minnesota Trucking Association Annual Conference
September 14, 2022 | Carole Clark IsaksonAs it has for many years, BGS was a sponsor of the Minnesota Trucking Association’s annual conference, held this year at Arrowwood Resort in Alexandria. The conference is a great opportunity to connect with trucking companies and transportation officials in a relaxed and fun setting. Included in conference activities were golf and other social events, as well as educational sessions on business topics important to the industry. BGS sponsored the keynote speaker, David Horsager. David is CEO of Trust Edge Leadership Institute and inventor of The Enterprise Trust Index™, director of the annual study – The Trust Outlook™, and the bestselling author of The Trust Edge. He provided a dynamic and engaging presentation on the critical nature of trust in all business relationships. BGS’ own attorney Erik Ordahl had the opportunity to introduce this amazing keynote speaker. BGS Attorneys Jim Wills (a former long term MTA board member) and Carole Clark Isakson (a current board member of the MTA Foundation) introduced associate BGS attorney Erik Ordahl and BGS paralegal Rachel Schwankl to all things trucking, including the truck expo sponsored by Blaine Brothers. While most industries can field an interesting conference, we’re pretty sure that only a trucking conference features a parking lot exhibit of huge new trucks! If you can manage the…
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