Blawg Seminar Coming Soon

Brett Trout and I will be presenting a blawg (law blog) continuing legal education seminar this Fall in Des Moines, Iowa covering the nuts and bolts of getting your law firm's blog up and running. The seminar will include not only getting your blawg up and running quickly, but also tips on how to generate quality content to generate a base of avid readers and how to rank #1 in the Google Search rankings. For more information, email me at rnigut@sullivan-ward.com or watch this site for more information on the date, place, curriculum and special blog reader pricing.

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Iowa Ranks 4th in Judicial Fairness

According to an annual survey released by the U.S. Chamber of Commerce, Iowa's legal system ranks No. 4 in the nation. Iowa has ranked in the top five each of the last three years.

The five top states for overall legal fairness according to the survey are Delaware, Nebraska, Virginia, Iowa and Connecticut.

The survey shows that Iowa is a great place to do business. New business owners from Iowa often ask me whether they should incorporate in another state. Unless there are compelling reasons to do so I generally encourage them to incorporate right here in Iowa. Another major reason to incorporate in Iowa are the low fees necessary to maintain a corporation in Iowa. If you file using the convenient online process, it only costs $30.00 every two years to register with the Secretary of State. When you compare those fees with many other states, including highly regarded Delaware, Iowa is quite the bargain.

The study, released by the Chamber of Commerce's Institute for Legal Reform, is a benchmark by which companies, policymakers and the media assess the fairness of legal systems in the 50 states. The more than 1,400 attorneys who participated in the poll were asked to judge a number of factors, including overall treatment of tort and contract litigation, treatment of class action suits and mass consolidation suits, judges' impartiality and competence and juries' predictability and fairness.

A full report and state-by-state results are available at the Institute for Legal Reform or by calling the U.S. Chamber of Commerce at (202) 463-5682.

Small Business Incorporation in Iowa

Are you looking to incorporate your Iowa small business? My first word of advice is to speak with an accountant to determine which form of business best suits your tax situation. Your choices likely include the "S" corporation, "C" corporation or you could choose to form a limited liability company.

Some people are inclined to choose an online service to incorporate your business. Many of these companies hook you in with a low cost advertisement for the incorporation but the other necessary documentation is offered for a significantly higher cost. Further, these organizations are often unaware of specific legal situations and local laws. It is wise to choose a business lawyer to incorporate your business. You want to make sure your lawyer practices primarily in business law. Choosing a lawyer that is not familar with business law may have serious consequences and may increase the costs because the lawyer may learn on your dime. By analogy, you would not want a plastic surgeon operating on your heart.

Find out how to affordably incorporate or form a limited liability company for your business. Click here for more on small business incorporation.

Small Business Myths Revealed

If you are in the process of starting your own business or interested in starting one I suggest reading the following Entrepreneur article entitled Small-Business Myths Busted.

Man Who Looks Like Mike Wants $832 million

Man Who Looks Like Mike Wants $832 million

Mike Downey of the Chicago Tribune reports that a man has filed a lawsuit seeking $832 million against Michael Jordan, Nike and Nike chairman Phil Knight because the man looks too much like Michael Jordan. The 51-year-old man stands 6 foot tall (Jordan is 43 and 6'6") and apparently does play pick up games at his local YMCA. Allen Heckard's lawsuit alleges Nike and Phil Knight made Jordan one of the world's most recognizable figures in the world - which causes significant problems for him. He has apparently sued Jordan because he is in fact Michael Jordan.

If the Plaintiff wins this one the flood gates will open for celebrity look-alikes everywhere.

Read the full story here.

Is Your Team Dysfunctional?

One of the best business books I have read recently is Five Dysfunctions of a Team by Patrick Lencioni of The Table Group. In an easy-to-read format he diagnoses symptoms of teams in trouble:

1. Absence of Trust
2. Fear of Conflict
3. Lack of Commitment
4. Avoidance of Accountability
5. Inattention to Results

My guess is the flaws of malfuntioning teams may hit home for many businesses and law firms. This book is definitely worth the read.

Attempt to Steal Coke Recipe Proves Point

Three people are facing federal charges for trying to steal Coke's trade secret information and offering to sell it to rival Pepsi. Apparently, Pepsi immediately notified Coke about this offer, who in turn notified the FBI. One of the defendants is reportedly an administrative assistance to a Coke executive.

This proves the point of a recent blog post. (See "Employees Pose Biggest Threat to Data Security" - posted July 6, 2006). Employees present the biggest threat to security in companies. While significant dollars are often spent on keeping out hackers and other outside threats, companies generally ignore the need to prevent employee fraud.

Fortunately for Coke their rival acted honorably. Can you be sure your rival will act the same way?

Employers Will Face More Retaliation Claims

Employers are expected to face more retaliation claims due to a recent United States Supreme Court decision which adopted a broader definition of anti-retaliation provisions Title VII of the Civil Rights Act of 1964. The act forbids an employer from firing, demoting or harassing employees that complain about discrimination on the job.

Under the ruling the provision now applies to any "employer actions that would have been materially adverse to a reasonable employee or job applicant".

For more information read the following article from Inc.com.

Employees Pose Biggest Threat to Data Security

A recent audit by Palisade Systems of Ames, Iowa found that the biggest threat to a data breach or theft comes from employees or consultants that do not property secure the data they are entrusted with. Companies may spend millions to keep out hackers but only 2% of companies have monitoring and content filtering technology in place to prevent future misuse or theft of sensitive data from employees.

Click here for more information on how employees pose the biggest threat to data security.

Basic Rules for Buying a Business

I recently read an article from AllBusiness. The article states that buying an existing business is less risky than starting a new business. The article says there is a lot to say for a proven idea and existing customers.

But watch out when buying an existing business. An existing business may not be worth the asking price. You need to carefully investigate the business and evaluate what you are being told by the business broker or the owner. For example, if a business is primed for growth why isn't the existing owner growing? If a business needs a sales person to spur growth why hasn't the existing owner hired a sales person? How are you better equipped to run the business than the existing owner?

Do not get caught up in the emotion of buying the business. Perform your due diligence and do not move forward unless it is the right business for you and your pocketbook. There is always another deal out there.