Category: Corporate & Business law
Defending Against ADA Lawsuits
October 1, 2018 | Bradley KletscherCoauthored by Bradley A. Kletscher and Tyler W. Eubank Generally. The Americans with Disabilities Act (commonly known as the “ADA”) is a federal law meant to protect persons with disabilities from discrimination. To that end, the ADA requires that businesses open to the public remove architectural barriers where such removal is readily achievable. The Department of Justice has produced the ADA Accessibility Guidelines, voluminous guidance on design specifications covering everything from the height of counters to the placement of braille signage on elevators. The ADA also allows persons affected by discrimination in the form of architectural barriers to seek injunctive relief from courts compelling business owners to make changes to their establishments. [maxbutton id=”1″ ] ADA Abuse. Enter ADA “drive-by” lawsuits. These lawsuits trace a predictable pattern: a disabled person, as defined by the ADA, goes to a business looking for non-compliance with ADA regulations. Due to the vast number of regulations, the business is often found not to be in compliance with ADA regulations; there may be too narrow of an accessibility strip next to a reserved parking space, too steep of a curb cut, too low signage for reserved spaces, too narrow of aisles, too high of a counter, or too high of a grab bar in the restroom. In one…
Read MoreEMAIL CONFIDENTIALITY/DISCLAIMERS – use, or don’t use?
July 2, 2018 | Carole Clark IsaksonWe see them every day, that notice at the bottom of an email stating something to the effect that the contents of the email are confidential and that if you have received it in error you should alert the sender immediately and not use the information you have received. The use of confidentiality/disclaimer footers is so common that most of us do not even notice them anymore. They appear below the sender’s signature block and may be emphasized by colored text or capital letters. But regardless of appearance I think we can all agree that few of us actually read them. And even when we do? From a practical standpoint we already read the contents of the email before we get to the disclaimer. One wonders then, is there any point to it? A misdirected email has already been read by the wrong person by the time that person gets to the bottom of the email. So, should your business use a confidentiality footer or not? Does the use of a footer actually protect your information if you send an email to the wrong person? Understandably there are few court cases that address this specific issue, but the themes in the few cases that exist are consistent. A court in Georgia in 2011,…
Read MoreBGS Joins the Duluth Superior Transportation Association
January 16, 2018 | Barna, Guzy & Steffen, Ltd.The Transportation Department at BGS is involved with many transportation related organizations, and recently joined the Duluth Superior Transportation Association (DSTA). The DSTA has more than 100 active members in a variety of transportation industries, including aerospace, rail, trucking, logistics, and maritime. Within those industries DSTA members include transportation companies, manufacturers, commercial shippers, supply chain managers, and government agencies. In addition to regular meetings that focus on transportation-related topics, the DSTA also sponsors tours of facilities that are of interest to members and group activities. In keeping with its mission to enhance the community, it also offers scholarships and sponsors community events. Carole Clark Isakson and Jackie Campbell of BGS recently enjoyed attending the DSTA holiday dinner and auction at the Black Bear Casino and Resort in Carlton, MN. A highlight of the evening was reconnecting with company owners with whom they had worked over a decade ago! The food was excellent, the auction was entertaining, and money was raised to support the DSTA Scholarship Fund. This fund was set up to offer an annual scholarship to a student/students in the Transportation and Logistics program at the University of Wisconsin in Superior. BGS is looking forward to attending future DSTA events, and is proud to be a member of the DSTA!
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