In the last post I discussed incorporation and asset protection. An often overlooked area of asset protection is estate planning. My partner, Matt Gardner of Sullivan & Ward, P.C., has started a new Wealth and Estate Planning blog. In his blog Matt will discuss estate planning, probate, small business planning and asset protection. 
October 2006
Iowa Incorporation and Asset Protection
Many advertisements on the Internet tout the benefits of forming a corporation. The first benefit typically mentioned is that a corporation provides "limited libility". Many of these companies would have you believe that if you form your own company for $99.00 you can magically protect your assets from creditors. But asset protection is more than…
Start-Up Business Resource: Entrepreneur.com
I recently had some criticisms of a recent article published on Entrepreneur.com regarding advice for business contracts but I still believe the site is an excellent resource for the business start-up and beyond.
A recent article included the 11 pitfalls of start-up. The site regularly has information on the following topics:
1. Starting a…
Judge Delivers Another Blow to Microsoft in Iowa Consumer Case
Judge Scott Rosenberg delivered yet another blow to Microsoft in the Iowa consumer case when he refused to limit the size of the Iowa class-action lawsuit. Microsoft had argued the interests of volume buyers were not the same as consumers who made individual purchases. Microsoft also argued that the plaintiffs could not show "that all…
Formation of Iowa Business Should Include Buy-Sell Agreement
An often neglected agreement in the formation of a small business is the buy-sell agreement. Every business that has multiple owners should consider having a buy-sell agreement. Such an agreement covers how an owner can sell shares and how to value those shares. Further, a good buy-sell agreement sets forth what happens in the…
Federal E-Discovery Rules
The new federal electronic discovery rules become effective December 1, 2006. Fed. R. Civ. P. 26, 33, 34, 37, and 45 are being amended to take into account the importance of electronic records in the discovery process.
Here are the pending rules amendments.
Thanks to the Minnesota Business Litigation blog for the reminder.
Lawyers…
Update Employee Handbooks to Cover Blogs
Many companies have policies covering Internet use, email, cell phones and other technologies. But does your company have a policy covering blogs? If not, you need to consider it. Kevin O’Keefe of LexBlog posted an interesting article that appeared in Scotland’s National Newspaper regarding the need for companies to rewrite their employment contracts to cover…
Hiring a Lawyer for Business Contracts
In my last post I talked about my reluctance to recommend do-it-yourself solutions when it comes to business contracts, Wills and other documents. I know it is self-serving but I have just seen do-it-yourself solutions come back to haunt business people too many times to count. If you are a business person you can pay…
Start-Up Business Resource: NOLO
As a business lawyer, I am reluctant to recommend do-it-yourself solutions. I have seen many business people run into problems with do-it-yourself contracts, Wills and other documents. With that caveat, the NOLO Web site is a great online resource.
The NOLO site covers several categories including:
Conlin Allowed to Try Microsoft Case
Here is an update to the ongoing Iowa consumer case against Microsoft:
Polk County, Iowa District Court Judge Scott Rosenberg has ruled that Roxanne Conlin is allowed to try the case against Microsoft. Microsoft had filed a motion attempting to exclude Conlin on the basis that she had engaged in misconduct when she persuaded a…