Blog Monitoring a Top Trend for 2007

Is your business devoting resources to blog monitoring and blog response?  If not, you should.  According to Jaffe Juice blog, one of the Top Ten Alternative Marketing Trends for 2007 is blog monitoring.  The article quotes Drew Nessier who is the CEO of Renegade Marketing

Nessier says, "In 2007 marketers will enhance their ability to defend against potentially ruinous blog attacks by dedicating resources to blog monitoring and blog response. The role of Blog Monitor will finally become a full time position in the communications department, as opposed to the occasional activity of a lone blog enthusiast. In addition to tracking blog noise, the Blog Monitor will actively engage other bloggers, correcting untruths and responding to issues as they arise. Corporate blogs will also be an important defensive weapon, assuming the authors are empowered to tell the truth (even if that means admitting a product's shortcomings)."

I agree.  With more and more blogs coming online it is critical for all companies, large and small, to monitor blogs regarding their products and services.  If your company has a blog it is also important to see who is linking to you and talking about you.  If you are a small company you do not need a full-time employee in a communications department to monitor blogs.  Through the use of RSS feeds you can effectively develop your own system to monitor the blog noise about your company for little or no cost.

What if your business is involved in high profile litigation?  If so, monitoring blogs is an absolutely necessity.  I believe communicating with bloggers is just as important as communicating with the traditional media and may provide even better PR if you do it right.

Corporate Officers Need to Use Care When Signing Agreements

New York small business lawyer, Imke Ratschko, has some excellent advice regarding the care corporate officers should exercise when signing agreements.  As Imke points out, it is always important for a corporate officer to sign agreements and other documents using their corporate title.  Moreover, the officer should make sure to read the agreement carefully to make sure personal obligations are not hidden in the agreement.

Read agreements and sign them correctly.  These two pieces of advice are two of the easiest ways to avoid personal liability and maintain the corporate shield.  I know it is common sense but as Voltaire said, "Common sense is not so common."

Employers Using Facebook for Background Checks

George's Employment Blawg, written by attorney George Lenard of St. Louis, has some excellent posts (see here and here) on the risks and liabilities associated with using Facebook for employment background checks.   Some of the risks may include discrimination claims and Fair Credit Reporting Act violations.  The use of other social networking sites such as MySpace have similar considerations. 

[Lenard] would advise employers to cut applicants and employees some slack. You were once young too and maybe did similar things -- if not publicly on the Internet. Ask yourself how relevant the information creating the negative impression is to job performance.

If you are going to do Internet searches and use them as a basis for employment decisions, you better do so consistently, without regard to any legally protected classifications, e.g. race, sex, age. You should document them.

I would add that if employers intend to conduct background checks of any kind for prospective employees it is important to have them sign a release and authorization allowing you to conduct background checks.  In Iowa, many employers are using the Iowa Courts Online to conduct free background searches.  Using the release and authorization may make it safer from a legal standpoint but you still must be aware of discrimination and Fair Credit Reporting Act issues when using these online resources to conduct background checks.

It is also advisable to consult your employment lawyer before using these online resources.

   

Inter Alia Blawg of the Day

Thanks to Tom Mighell of Inter Alia for including Rush on Business as the "Blawg of the Day" on December 26, 2006.  Tom is very well-respected in the areas of technology law and electronic discovery.  I have enjoyed reading his articles on several topics.  A couple of articles you may want to check out include:

EDD-ucating Yourself About Electronic Discovery and  RSS Resources You Can Use:  Automated Web Surfing for Lawyers.

Both articles are co-authored with Dennis Kennedy.  Be sure to check out the 2006 Blawggies from Kennedy.  There are some great law blogs in his list.

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Seven Considerations Before Starting Your Business Blog

There are many great reasons to start a business blog.  Business blogs help you develop better relationships with your customers, enhance your position as an expert and build a sense of community for your business.  But it is important for businesses to look before they leap with blogs.  Some of the legal issues may include employment law, copyright infringement, defamation and privacy issues.  Here are seven things to consider before starting your business blog:

1.  Get advice from in-house and/or outside legal counsel with a good understanding of technology and blog law.  This area of the law is changing at the speed of light.  Talk with a lawyer that can help you navigate your way through these issues.

2.  Update your employment policies to cover blogs.  Many companies have policies that cover Internet use, email, cell phones and other technologies.  But do your policies cover blogs?

3.  Develop a corporate blogging policy.  Sample policies include IBM, Sun Microsystems and Yahoo.  (Thanks to Kevin O'Keefe for his post on the sample policies).  Make sure that employees understand the consequences of violating the blogging policies.

4.  Train employees on the benefits and risks of blogging.

5.  Determine whether your blog will allow comments and how you will deal with the information gathered through the blog.  (There may be privacy issues associated with this information).

6.   Appoint someone who will be in charge of the company's blog(s).

7.  Develop and implement a system to monitor your blog.  Learn how to use RSS feeds to do this effectively.

You should consider a blog for your business.  It is an incredible marketing and communication tool.  Just remember to start off with the appropriate preparation and planning in order to avoid the legal risks and liabilities associated with blogging.

See also this informative article on the Legal Risks of Blogging.

Update:  The Des Moines Register had a nice article on business blogging on December 24, 2006.  Some featured bloggers included accountant Joe Kristan of Roth & Co., Hispanic marketer Nanette Rodriguez of Vivamedia, blogging coach Mike Sansone of Converstations, patent attorney Brett Trout of Brett Trout, P.C. and me.  Check out these sites to see how blogs can be effective tools for your business.

Iowa Microsoft Case Adjourns for Holidays

The Des Moines Register reported that the Microsoft trial recessed for the holidays on Thursday afternoon.  So far jurors have seen ten hours of the video taped deposition of Bill Gates and two hours of tape from a Microsoft competitor. 

The first live witness is expected to testify next week when an industry expert on liability issues is expected to take the stand for the plaintiffs.  I recently had the occasion to talk with Microsoft's associate general counsel, Rich Wallis.  He thought jurors will pay close attention to live witnesses because so much of the case is being presented through video tape.

I am sure the lawyers, jurors and Judge Rosenberg could use the break.  Wallis told me the lawyers have been working about 15 hours per day during the trial.  Now that is what I call a full day.

Do Your Homework When Selecting a Franchise

In its January issue, Entrepreneur Magazine published its Annual Franchise 500 for 2007.  One of the more interesting articles in the issue had to do with conducting due diligence.  As I recommended in a previous post the article discussed the importance of interviewing as many franchisees as possible in order to gain information about the franchisor.  Unfortunately most prospective franchisees do not conduct even basic due diligence, the article says.  Here are highlights of the article:

If you want to know more than the splashy brochures and franchise salespeople will tell you, then roll up your sleeves.  You can use a variety of methods to dig deeper and get the real lowdown on a franchisor.  The good news:  Most of these techniques are cheap or free.

1.  Mine Franchisees:  Be sure to ask tough questions.  Don't just shoot the breeze.  Also visit franchisees at their stores.  You get more information and it is an opportunity to see the franchise in operation.

2.  Dig in the UFOC:  The UFOC lists a great deal of information but many franchisees do not even give it a glance.  The UFOC will contain information about lawsuits, revenues and management.

3.  Ramp Up Research:  Search the Internet.  Are there any gripe sites?  See UPS Store www.thebrownboard.com and Quiznos www.toastedsubs.info as examples of gripe sites.  Be sure to take what you read on the Internet with a grain of salt and verify what you learn.

4.  Meet the Management.  Ask the tough questions of management as well.  One expert recommended that you ask the franchisor whether they will let you out of their franchise agreement if you are unhappy?  If they respond "Yes", they are lying and will say anthing to get you to sign.  (Franchise agreements are enforceable contracts and I have yet to deal with a franchisor that will let you out of an agreement voluntarily).

5.  Know the Market.  Do the market research and understand how the franchise fits into the competitive picture.  Also, think about how the market is going to change. 

6.  Get Advice.  The article advises to go to SCORE, have an accountant review the franchisor's financials and have an attorney review the franchise UFOC and franchise agreement.

Update:  I received an email today from a franchisee regarding this post.  He pointed out that the most difficult  information to obtain and verify is franchisee profitability.  He pointed out that the profitability of the franchisor and the franchisees is not always related.  He correctly stated that sometimes those selling franchises make money while the franchisees do not.  And it is not always due to lack of due diligence on the part of the franchisee.  It may be because of inaccurate information supplied by the seller or franchise support that was promised but never delivered.

Forbes Magazine had an interesting article that provides Ten Good Reasons Not to Buy a Franchise.  Number 1 on the list is Questionable Profitability.  That makes extensive due diligence all the more important if you are considering a franchise purchase.   

Core Posts from an Iowa Business Lawyer

The core of this Iowa business and corporate law blog consists of six main categories found on the right hand side margin including incorporation and LLC formation, starting a business, franchise law, employment law, business litigation and buying and selling a business.  I attempt to cover many of the basics in each category and also follow a variety of new developments including the recent Iowa consumer class action against Microsoft which is one of the largest cases in Iowa history.

In a recent interview with the Des Moines Register I was asked why I started this blog.  Initially I sought to differentiate myself from other Iowa business lawyers in order to more effectively market my services.  While blogging has worked to accomplish my initial goal, I quickly developed a much higher sense of purpose with this blog.  I want to do my part to improve the public image of lawyers.  My strong sense of purpose is to educate and provide information to business people in a way that helps them identify legal issues and make more informed choices about what legal services they need.  The collaborative process of a law blog (or any blog) can allow this to happen. 

Be sure to let me know if you have any questions about this Iowa business and corporate law blog.    Please feel free to explore and comment.  I hope you find it interesting and informative.

Mavericks at Law

I read with great interest an article about law firm mavericks in the Law Practice Magazine of the American Bar Association.  I found the article particularly appealing having recently read the book Mavericks at Work

One of the maverick lawyers featured is 29-year-old Christopher Marston of Exemplar Law Partners of Boston.  Marsten used every penny of his personal savings to start a law firm that is turning the practice of law on its head by charging for services only on a flat fee basis.  For decades law firms have talked about "getting away from the billable hour".  Marsten's firm is determined to walk the talk.  One look at this firm's Web site and you quickly realize they have a distinctive and disruptive purpose that sets them apart from their rivals.   

Another Massachusetts law firm featured is ConvergentGC.  The law firm operates from the premise that most entrepreneurs really need in-house counsel but few can afford it.  The firm is an outside general counsel firm that essentially adds a senior-level attorney to the management staff.  The firm has no hourly rates, no bills for phone calls and no bills for overhead costs such as faxes.

In my own practice I am developing the strategies implemented by these firms.  I already provide outside general counsel services to certain business clients based upon a mutually agreeable fixed monthly fee.  These clients receive a fixed monthly bill and do not receive bills for phone calls and overhead costs such as copying and postage.  I also perform certain projects such as incorporation and LLC formation on a fixed rate and have also done so with contract review and writing.  I have continued to bill hourly for litigation in the past but in 2007 these mavericks have inspired me to begin handling litigation matters on a fixed rate basis as well. 

I have felt for a long time the billable hour needs to be thrown out the window.  This coming year I plan on doing just that. 

BlogWhiz: Creating New Iowa Law Blogs

The BlogWhiz Blog recently has some nice things to say about the Rush on Business blog and also Brett Trout's work on Blawg ITChris Kane, the author of BlogWhiz, reports that he is currently building blog platforms for three different law firms in Des Moines.  I have no doubt with his help these up and coming law blogs will be very successful.

Brett and I are excited about other Iowa legal bloggers coming on board.  It will be a great opportunity to share information and build cooperative relationships with those lawyers.  Clients and prospective clients are the ones who will benefit the most.

Microsoft Iowa Case: Evidence Begins

The opening statements have ended in the Iowa consumer class action against Microsoft.  The Plaintiffs' side of the evidence began on Friday with the Plaintiffs playing a video taped deposition of Bill Gates from 1998.  The deposition was taken during the government case against Microsoft back in the 90s. 

Sources have said Gates was "evasive" and "unresponsive" during this deposition.  It is widely believed the deposition is not exactly the Microsoft CEO's finest hours

It is expected that Gates will testify live next year during the defense portion of the case.

FTC Says No to Paying for Favorable Posts Without Disclosure

Bloggers should take note of this post I found on Kevin O'Keefe's blog, Real Lawyers Have Blogs

The Washington Post reports that the Federal Trade Commission ruled on December 11, 2006 that companies engaging in word-of-mouth marketing, in which people are compensated to promote products to their peers, must disclose those relationships.  The Post article made it clear the ruling applied to both the endorser and the company paying for the endorsement. 

Companies that fail to disclose such relationships may be held liable for deceptive advertising practices.

O'Keefe has an interesting take that he does not believe the ruling will have much impact on lawyer blogs.  But he points out that lawyers should be careful not to engage in an arrangement where a blog touts the lawyer's services through a paid PR campaign and not disclosed.

Legal Literacy: Blawg Review #87

If you have never read Blawg Review before be sure to check out Legal Literacy and Blawg Review #87.  Thanks to Hanna for including my post on electronic discovery.

If you have a chance you really should check out the rest of the site.  A couple of great articles for any business person or business lawyer to read is this one on thoughtful writing and another on the Twelve Rules for Avoiding Smoking Guns.

On the Seventh Day She Rested: Microsoft Begins Opening in Iowa Case

The Plaintiffs, represented by Roxanne Conlin, finally ended the longest opening statement in Iowa trial history (I am joking but I believe it to be true) in the consumer class action case against Microsoft.  Microsoft's lead trial attorney, David Tulchin of Sullivan & Cromwell said he felt like he had waited a long time to give his opening statement and he "probably wasn't waiting all that patiently at times."

Tulchin said the real issues are not complicated. 

"This case is about the quality of the products.  It is about value.  It is about prices, and it's about causation.  Was there anything from the government case or the allegations made here by the Plaintiffs that caused the market to be so different from what it otherwise would have been that prices would have been dramatically different from the very low prices that Microsoft charged?"

He said Plaintiffs experts have created an imaginary "but-for" world; that is, a world that they say would have existed but for the conduct they claim was wrongful. 

Tulchin also touched on the history of Microsoft from the very early days when Bill Gates and Paul Allen set out to improve the Basic language for the first minicomputer. 

"And Mr. Gates' idea right from the start, right from the start in the 1970s was to charge a low price for software, a low price with the hope--with the basic idea that a low price would generate high sales.  It is not a new idea. . .it goes back to Fredrick Maytag in Iowa with the washing machine.  Make a good product, keep the price low, and you'll sell lots of them and do well."

It sounds as though Tulchin will continue his opening over the next few days.  It appears as though he plans on hammering the Plaintiffs for providing only "little snippets" of data or documents for the jury to see which do not tell the whole story.  It is apparent Tulchin is a fine lawyer.  His bio indicates he has won dismissals with prejudice in 20 major antitrust actions against Microsoft, and victories in all seven appeals he has argued for Microsoft in the United States Courts of Appeals.

This is shaping up to be an interesting trial on so many fronts.  Best of all, it is practically a class on juror persuasion.  Stay tuned for more as the trial progresses.

Judge Tosses Out Case Against Altoona, Iowa Wal-Mart

While Microsoft battles it out in the Polk County Courthouse another corporate giant has successfully defended a recent claim.  This past Friday a judge dismissed a lawsuit against Wal-Mart filed by the parents of a 4-year-old boy who was allegedly molested in the men's room.

The boy was offered $1 by a man in the bathroom who then pulled the boy's pants down and touched him inappropriately.  The boy's parents claimed the Wal-Mart failed to have policies to protect against customer-on-customer assaults and failed to take it seriously when the mother called back that night to report the complaint. 

The judge issued a directed verdict dismissing the case because the plaintiffs failed to prove Wal-Mart had forseen the danger.  Testimony during the trial included 10 reports of violence but only one of those reports involved anything of a sexual nature.  Most of the complaints described violence by Wal-Mart employees against shoplifters.  "There wasn't sufficient proof that they could have or should have forseen what the problem was here, said Judge Robert Hanson.

See the Des Moines Register article for more details.

Iowa Microsoft Case Update: Plaintiffs Continue Opening

The Plaintiff continued with their sixth day of opening statements as the week ended.  Roxanne Conlin is expected to turn over the opening to her co-counsel soon for a discussion regarding damages.  According to reliable sources, Microsoft does not plan on taking nearly as long to lay out their side of the case.

It is interesting that Conlin has taken so long in delivering her opening statement.  It is widely believed people are used to getting information in short bursts from television, computers or other technology and therefore their attention spans as jurors is much shorter.  Most lawyers would say you need to keep trial shorter, not longer. Yet many fantastic trial attorneys, such as Gerry Spence, believe it is most persuasive to tell the entire story in detail - even if that means taking hours or days to complete an opening statement. 

So far Conlin has focused on the history of the computer industry and her stories of nine companies she alleges were injured or destroyed by Microsoft's conduct.  She has referred to emails and lots of internal memos in a very. very detailed manner.  At this point I am told six months is an underestimate for this trial.

Real Men Wear Red

Don't believe in Santa Claus?  Well, he is alive and well in Des Moines, Iowa.  The Rooftop Foundation is holding its annual shopping tour for the underprivileged children of Moulton Elementary School on December 9, 2006.  The Rooftop Foundation is the creation of Ken and Esta Deever - two of the most generous people I have ever met in my life. 

Every year the Deevers and their elves load up two bus loads of children, provide the kids breakfast, and take them shopping for their families at the south side Wal-Mart on SE 14th in Des Moines.  The children learn that it is better to give than to receive by purchasing gifts only for their family members - not themselves.  Of course, the kids do get a special bag (loaded with presents from Santa) when they return to wrap their gifts at the school.  If you have a chance to view the pictures on the Foundation's Web site you will see that Ken is truly Santa Claus. 

Last year Ken and Esta's home burned to the ground just a few days before the 2005 event.  Everyone in the home survived without injury but it was a scary experience indeed.  Despite the personal tragedy, Ken and Esta, together with dozens of volunteers, pulled off a Christmas miracle by re-purchasing all the gifts that burned in the fire and wrapped them all again just 48 hours before the event.  (Be sure to read this article by Mark Hansen of the Des Moines Register about the fire and last year's Rooftop Foundation event).

Ken has also volunteered his time for other events this holiday season.  In addition to his own program he is visiting children of Blank Children's Hospital, appearing for numerous other charitable organizations and volunteering as Santa Claus a few nights at Jolly Holiday Lights in Water Works Park.  As you can imagine his free time is quite limited this time of year.

It is an honor to serve as one of the Directors of the Rooftop Foundation.  If you are looking for a charity to support this holiday season I encourge you to consider this organization.  The Rooftop Foundation is a 501(c)(3) tax exempt organization.  All donations are tax deductible.  If you are interested please email me and I can give you more information.

So this holiday season remember the motto of The Rooftop Foundation - "It is Better to Give Than to Receive". 

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Don't Overlook Zoning Ordinance in Choosing Business Location

It is important to consider the local zoning ordinances when choosing a business location.  It may not be a significant problem for businesses with office locations but businesses such as car dealerships (especially used), real estate rental companies, auto body shops and manufacturing facilities could run into problems if you are not familar with local zoning ordinances.  A zoning problem can shut your business down very quickly.

Check out Des Moines Municipal Code Chapter 134 and the city of Des Moines Web site if you have questions about local zoning ordinances in Des Moines.

Blawg IT Finalist For Law Blog of the Year

A big tip of the cap to Des Moines patent lawyer Brett Trout.  Brett's blog, Blawg IT, has been named as a finalist for the Weblogs 2006 Law Blog of the Year.  Brett's blog covers patent, trademark, copyright and information technology issues in an informative and entertaining way.  The Weblogs Award is the world's largest blog competition.  Congratulations Brett!

The voting begins for the best law blog begins December 7, 2006 so make sure to cast your vote.

Other law blog finalists include:

How Appealing
Becker-Posner
Blawg IT
Balkinization
Concurring Opinions
Consumer Law & Policy Blog
The Grotian Moment: Saddam Hussein Trial Blog.
IMPACT
The Volokh Conspiracy
JURIST - Paper Chase

If you have a chance be sure to check them out.  There are some excellent legal blogs on this list.

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What's With the Buzz About Electronic Discovery?

The new federal electronic discovery rules became effective December 1, 2006.  (See this earlier article for a more detailed description of the rules and the amendments.)  Consulting companies appear to be hitting this hot and heavy as several of my clients have received marketing materials offering to assist with their electronic discovery needs.  Many clients, especially those who have not been involved in federal litigation, have questions about electronic discovery and the impact of the new rules on their businesses.

In reality, electronic discovery of documents has been around for several years.  The new rules have placed more emphasis on electronic discovery.  In federal court litigation, the parties will now be required to address electronic discovery right up front in any lawsuit.  In the past there were times where courts might have had questions about what was discoverable and what constituted a document for production purposes.  Now it is unquestionable that all kinds of electronically stored information are discoverable including emails, spreadsheets, powerpoints, documents, etc.  The parties will need to cooperate in order to exchange electronically stored information in a usable format.  The organization of such information will take on a greater importance under the new federal rules.

A critical component of the rules is that if you anticipate ligation could occur or if litigation has already occurred you have a duty to preserve electronically stored information.  This will help you avoid problems such the case described in this article.

This also brings to the forefront the need for a document and email retention policy.  Many clients ask how long they need to keep certain documents.  Unfortunately there is no magic formula but the answer varies with the industry and practices of each client and depends on the type of documents.  The new rules do not require a document retention policy but recent cases involving the destruction of documents place a strong emphasis on having such a policy.

I recently listened to a great podcast by Coast to Coast on the new federal electronic discovery rules.  Just scroll down to the November 2, 2006 podcast.  Lawyers J. Craig Williams and Robert Ambrogi have an informative show with Michele C.S. Lange of Kroll on Track and Dennis Kennedy as guests.  Best of all it's free.

Iowa Microsoft Case Update: Plaintiffs Flip-Flop Trial Strategy

Plaintiffs' attorney Roxanne Conlin has decided not to call Bill Gates and Steve Ballmer in her case-in-chief, contrary to her earlier strategy.  Conlin reconsidered her position after Judge Rosenberg ruled that Microsoft could question Gates and Ballmer directly after Conlin rather than waiting until Microsoft presented its side of the case.  Instead, Conlin will now show the entire videotaped deposition of Gates taken during the federal antitrust trial in the late 1990s.

It could be a good move by Conlin but I think it is a bit unusual for her to be changing course after her initial announcement.  Sounds like a little indecision on her part.  It's possible the move hurts Microsoft a little bit because I am sure the company's lawyers would have liked to question Gates right after Conlin's examination in order to rehabiliate him.  The video does not show Microsoft's CEO in the best light but it was taken several years ago.  Will jurors think Conlin has something to hide by not calling him directly?

At this point, opening statements continue on.  Conlin's opening is expected to last at least a few more days.

Look Out for Product and Supplier Restrictions in Franchise Agreement

Franchise Law Blog reported that a group of Quiznos franchisees have filed a class action against the Denver based sandwich chain in Wisconsin.  The lawsuit contends that the franchisor forces franchisees to buy food and supplies from Quiznos and affiliates at inflated prices while setting retail prices so low the franchisees cannot profit.  The lawsuit also alleges that the franchise omits or misrepresents key facts about its business operations when selling the franchise. 

Quiznos denies the allegations and intends to vigorously defend the lawsuit.

Regardless of the outcome the lawsuit it provides an important lesson for prospective franchisees who are reviewing a franchise agreement.  Many franchise agreements contain restrictions on the products and suppliers the franchisee may use.  While this may seem reasonable in the beginning, (after all your buying a proven system, right?) many franchisees discover later they can get cheaper products and find better suppliers than the franchisor's system.  After some time franchisees may begin to question why he or she is paying for higher priced products along with royalties which eat into profits even more.  When this happens franchisees tend to get upset and file lawsuits like the one against Quiznos. 

If the franchisee agreement you are considering contains restrictions on products and suppliers be sure to consider those provisions very carefully.  Be prepared to ask the tough questions of the franchisor when it comes to products and suppliers.  Also, don't take for granted just because you are going with a top selling franchisor that you are getting the most for your money.  Above all, make sure to talk with as many current franchisees as possible and conduct your due diligence.

Businesses Grow Faster with Iowa Small Business Development Center Assistance

A recent study by professor James Chrisman of Mississippi State University shows that Iowa Small Business Development Center (SBDC) clients grow 24% faster than Iowa businesses that have no assistance from the SBDC.

The independent study also shows that the SBDC has a significant impact on Iowa's tax revenues, job creation and retention, and capital acquisition and sales growth.  Chrisman's research indicates tax payers in Iowa are receiving a 4 to 1 return from tax dollars spent on the centers.

If you are starting a business in Iowa you should at least check out what the Small Business Development Centers have to offer.  The centers serve all 99 counties from 13 different locations around the state.

Iowa Microsoft Opening Statements: Plaintiff Outlines Nine Stories

The Iowa consumer class action case against Microsoft has officially begun.  Roxanne Conlin began her opening statements Friday.  Her case will include nine separate stories about how Microsoft has undercut competitors and acted illegally.  She will focus not only on IBM and Linux but also lesser known companies such as Go Computers and Acer Co.  Conlin's opening will actually take several days.

Microsoft lawyer, Rich Wallis, says the anticompetitive activites Conlin complains about are all in the past.  He says the company has not violated the law since it agreed to a consent decree with the federal government in 1999.

Check out this Des Moines Register story written by David Elbert for the details.

Watch Out! RSS Feeds May Change the Practice of Law

I am speaking today at the Iowa State Bar Association eCommerce Seminar on the use of RSS feeds in today's law practice.

The acronym RSS stands for a couple of things:  Really Simple Syndication or Rich Site Summary.  RSS is a format for delivering regularly changing Web content. (See www.whatisrss.com).  Many news-related sites, blogs and other online publishers syndicate their content to whoever wants it.  See the orange icon on the right side of this blog?  That is an RSS feed. (Please feel free to subscribe to mine).

Why Should You Care?  RSS solves a problem for people who regularly use the Web.  It allows you to stay informed by receiving summaries from the latest sites you are interested in.  You SAVE TIME because it is no longer necessary to visit each site individually.  You ensure your PRIVACY and keep your email UNCLUTTERED because you are no required to sign up for an email newsletter.

It also gives you a couple of key advantages as a lawyer.  First, it gives you INSTANT KNOWLEDGE.  Now you are able to know when someone has said something good or bad about your law firm, your competitors, your clients and your industry.  But here is the best part (this is where you may earn a client for life).  You have the perfect opportunity to show that you CARE.  If something appears on the Web about your client or if there is something that interests or impacts them you have the opportunity to forward it to them in a record amount of time.  It is conceivable that you may know your client has been sued before the client knows.  Do you think that would enable you to keep a client for life?

For more on RSS take a look at Dennis Kennedy's blog post and an excellent article on the subject written by Kennedy and Tom Mighell.

This post by Mike Sansone of Converstations makes the case for RSS feeds so effectively.