Higgs Fletcher & Mack LLP

QUARTERLY E-NEWSLETTER

Spring 2003

San Diego's Law Firm
Since 1939

INSIDE THIS ISSUE

� HFM Highlights

� ADA Confusion Leads to Flood of Lawsuits: Most Targets are Small Businesses

� Restaurant Tip Sharing Policies Can Lead to Liability

� Patti Cooksey: Loyalty and Commitment at Work and at Home

Dear Friends and Clients: In this edition of the Higgs Fletcher & Mack Newsletter, you will meet one of the Firm's most respected and long standing employees, Patti Cooksey. Patti has been with the Firm for 39 years. This is especially remarkable because, according to Patti, she is only 29 years old. I think you will see why we have something special going on here at Higgs Fletcher & Mack.

This Newsletter also features articles about the American Disabilities Act (ADA), and a recent Appeals Court decision affecting restaurant owners. The information contained in the ADA article is especially important to business owners and landlords that become the subject of litigation filed under the Act. The Appeals Court article explains why restaurant owners need to carefully evaluate their tip sharing policies.

As always, we ask you to contact us with any questions or issues raised in the Newsletter or if you wish to receive information relative to past or future topics of interest. We continue to appreciate your business and friendship. You may contact me through the Firm's Web site, www.higgslaw.com, or by phone at (619) 236-1551, with any follow up questions or suggestions on how Higgs Fletcher & Mack can serve your needs.

Very truly yours,

John L. Morrell, Chairman

HFM Highlights

• Dick Shaw has been re-elected as Chairman of the American Bar Retirement Association (ABRA) by the Board of Governors of the American Bar Association. ABRA coordinates the management of retirement plans for 5,000 law firms nationally, with over 50,000 participants.

• Jim Peterson served as Program Chair for the American Law Firm Association's (ALFA) International March Seminar "Risky Business: Rethinking Employment Claims in the Post-September 11th, Post-Enron World." The seminar took place at the Four Seasons Resort Aviara and attracted over 400 attendees.

ADA Confusion Leads to Flood of Lawsuits: Most Targets are Small Businesses

Lawsuit after lawsuit is being filed against San Diego businesses (about 20 per week) for alleged violation of the rights of the disabled. In fact, hundreds of lawsuits are on file in the state and federal courts, many of them with questionable circumstances. Consider the local hotel that was sued when its employee informed the owner of a small lap dog that pets were prohibited. The dog owner had claimed the dog was necessary due to an "emotional disability." Or the local attorney who was sued when the disabled plaintiff showed up at the lawyer's office for a deposition, determined the office was not ADA compliant, and promptly sued the lawyer.
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Restaurant Tip Sharing Policies Can Lead to Liability

The results of a recent Appeals Court decision should cause employers to evaluate any tip sharing policies that call for a portion to go to any person who could be construed as an agent of the employer. Employers should pay attention to whether any persons sharing in the tips have supervisory responsibilities or the power to hire or discipline other employees.
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Patti Cooksey: Loyalty and Commitment at Work and at Home

Her ever-present grin and flashing green eyes tell you immediately that Patti Cooksey loves her job. No...she adores her job. In these days of serial careers, it is increasingly rare to find a person who can boast of working with the same firm for almost 40 years.
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