October 2010

This is not a political blog but I feel compelled to write about the recent political effort by a special interest group to oust many of the judges on the November 2nd ballot including three Iowa Supreme Court Justices.  The special interest effort, in my view, is misguided.

I am proud to be a part

I recently attended the ABA’s Forum on Franchising this past week in cloudy San Diego. (Yes, that’s correct, cloudy).  One of the more interesting sessions involved the Most Frequently Litigated Substantive Provisions in Franchise and Dealership Agreements by franchisee lawyer John Holland and franchisor lawyer Jonathan Solish.  Numerous litigation topics were covered including choice

The Business Record reported this week on a federal court lawsuit recently filed by local fitness franchise Farrell’s Extreme Bodyshaping, Inc. against Kosama, another fitness franchise headquartered in the Des Moines area. Both franchises specialize in a 10-week body "transformation". Farrell’s is the established franchise in the area marketplace while Kosama is the upstart. Both appear

One of the provisions in most franchise agreements is a provision that requires the selling franchisee to pay a transfer fee to the franchisor. This transfer fee is sometimes $10,000 or more. I have represented a number of prospective franchisees that are buying an existing franchise location. In almost every instance the seller expects the buyer to pay for this transfer fee.