Courthouse Referendum Defeated: What's Next?

The vote on the new Polk County courthouse was soundly defeated last night.  But the overcrowding, lack of security and safety issues still exist. 

Unfortunately in these situations timing is everything.  Like the good defense attorney that does not want a trial during the December holiday season, it is tough to imagine voters approving the plan a mere one week after the CIETEC trial and its guilty verdicts.  Plus, the economy is in the tank and foreclosures are at record levels.

But here is my question:

What would need to occur in order to convince voters to vote "Yes" for this necessary expense in the near future?

 

 

Vote 'Yes' for Courthouse Referendum This Tuesday, April 29th

I ask you to please consider "Yes" this coming Tuesday, April 29th for a new courthouse here in Polk County. 

The case for a new courthouse is overwhelming.  Even the opposition does not reasonably argue there isn't a need.  Rather the opposition believes we should just put it off for tomorrow.  The trouble with that reasoning is that we will need to lease space and then end up building a new courthouse down the road.  That, my friends, will only cost us more. 

It is time to have a courthouse that meets the needs of our county in the 21st Century.

Go to www.buildingforjustice.com for more information.  Thank you for the consideration of your vote on this important issue.

 

 

Take This One to the Bank: F-Bombs in Depo Are Bad Idea

The Dickinson Law Firm's Iowa Banking Law Blog ignores its disclaimer and provides some legal advice:

F-Bombs in a deposition are a bad idea!

It's just another subprime market meltdown.  One F-bomb is a mistake.  Two might be forgiven.  But 73?  That's gonna get you sanctioned every time.

 

Beauty Pageant Winner Also Entrepreneur

In Februrary I pointed out that women are starting businesses at a clip that is twice the rate of men.  Now, turns out the Miss USA pageant winner is also an entrepreneur. 

Frankly, I think it's pretty cool that the headlines about the winner, Crystle Stewart, read, "Texas entrepreneur named Miss USA".  No surprise though.  Models including Tyra Banks and Kathy Ireland are demonstrating they are much more than a pretty face in the business world.  Ireland's business grosses over $1 billion per year and Banks has likewise demonstrated incredible business acumen.

In my own practice I am seeing more and more women who are becoming entrepreneurs.  The one thing I have noticed about women entrepreneurs as opposed to the men is that they tend to research the business start-up process a little more carefully than men.  Don't necessarily know why, it just seems to be the case. 

Could Something as Generic as SEO Really Be a Registered Trademark?

The term "SEO" stands for search engine optimization and has been around for a decade.  Heck, I've probably been familiar with the term for about nine years.  I can't imagine that someone could trademark a term as generic as SEO but that appears to be happening.

Read Brett Trout's blog for this interesting development.

P.S.  This just in, Brett Trout to trademark "IOU".

Pizza Hut: A Tough Employment Situation Any Way You Slice It

The Des Moines Register had an article about how support has poured in for a Pizza Hut Delivery driver that was suspended from work after he shot an alleged armed robber.  The employee had a valid handgun permit but a Pizza Hut human resources representative indicated that employees are not allowed to carry guns "because we (Pizza Hut) believe that is the safest for everybody."

I saw a clip where the delivery driver spoke with the TV media and he was obviously shaken by the incident.  He said he appreciated the fact his employer had given him the time off without automatically taking action against him. 

I know many readers on the Register blogs have been critical of Pizza Hut but they appear to be handling this difficult situation rather cautiously.  They have not terminated the driver at this time but rather have suspended the employee pending an investigation. 

Public opinion is definitely in favor of the driver.  Even a state senator has publicly stated his position that the company would be wrong to fire the driver and vows to stop buying Pizza Hut products if the driver is fired.  So this is a tough one for the company and there are no easy answers.  I don't envy the employer's position on this one. 

Ultimately I suspect the employer will enforce its policy but I will let you know as this unfolds.

photo on flickr by hashcakes.

 

 

 

BlawgIT has Moved to Its Own URL

Iowa's first legal blog has moved to its own url at www.blawgit.com and new posts will no longer be available at its former blogger site. Iowa patent attorney Brett Trout has achieved remarkable success with his blog.  It is an award winning blog that provides tremendous information on patent, trademark and Internet law.

Brett is also the author of Cyber Law:  A Legal Arsenal for Your Online Business.  It's a great desk reference that I highly recommend.

Brett also occasionally (I guess often) demonstrates his unique sense of humor.  This blog is a real treat and one of the best around so be sure to visit often. 

The Case for a New Polk County Courthouse

On April 29th, Polk County voters will decide whether we should fix the security and safety problems with the current courthouse and to build a facility that is large enough to meet the current demands of Polk County residents.  Consider the following facts:

Overcrowding

  • The current courthouse was built 108 years ago.
  • The population of Polk County has increased by over 500% since the courthouse was erected.
  • The courthouse was originally built for 4 courtrooms and now consists of 27 courtrooms jammed into every nook and cranny.
  • More than 2,000 people enter the courthouse on average each day.
  • The number of cases has nearly doubled in the last 15 years and will double again in the next 22 years.
  • There are no meeting rooms in the courthouse for attorneys, litigants, witnesses, etc.  Lawyers are often forced to meet in the hallway and run the risk of being overheard by jurors.
  • Only 1 jury orientation room exists and it is woefully inadequate to hold all the jurors reporting on any given Monday.
  • No disablity accommodation exists at the main entrance.

Security

  • More people are arrested at the courthouse than any other place in Polk County.
  • No security cameras exist in the courthouse.
  • No baliffs or law enforcement exist in any of the courtrooms.
  • In 2007 deputy sheriffs received over 500 calls for assistance.
  • Prisoners, jurors, judges, attorneys and the general public all use the same corridors.
  • No temporary jail or holding cell exists at the courthouse.

Safety

  • The courthouse is not in compliance with fire codes.  No sprinklers, no fire detection, no fire stairwells, no smoke evacuation system, etc.
  • There is no adequate emergency power system.
  • There is a mold problem and ventilation is not adequate.
  • Rodent and infestation of cockroaches is a real problem.  So bad the basement has been abandoned.

For more information please visit www.buildingforjustice.com.  I encourage you to vote "Yes" for a new courthouse.  If the facts described above do not persuade you, I implore you to go down to the courthouse and spend some time.  Walk around.  Make sure you go on a Monday morning.  That will give you the best chance to observe the demands on our current courthouse.  The need for a better facility is unquestionable. 

 photo on flickr by Turtlemoon.

Iowa: Two out of Three Ain't Bad

Forbes Magazine ranks Des Moines as the fourth best metro nationally for business and careers.  Iowa City ranked second in the smaller metro category.

Unfortunately for Iowa we also apparently rank first in the nation for corporate tax rates (and I don't mean in a good way).

But the tie breaker is that we are cool.  We always got that going for us.

Today's Lawyers Must Be Mindful of Social Media and Pretrial Publicity

Des Moines attorney Charles Kenville has a great post on the need for lawyers to be mindful of the new media exposure in their cases.  Chuck has a criminal law bent to his post but his reminder is just as true for civil cases.

I know from experience that savvy businesses are acutely aware of blogs and other social media in their trial preparation.  In particular, Microsoft did a great job a staying in contact with Des Moines patent attorney Brett Trout and I when the Microsoft-Iowa litigation was going full steam.  But the plaintiffs were not to be outdone.  We routinely received updates from the plaintiffs' public relations team as well.

The bottom line is that lawyers engaging in trial law today ignore blogs and social media at their peril.  Learn how to read RSS feeds to stay on top of pretrial publicity.  You will be glad you did.

Rush Nigut Joins Brick Gentry, P.C. Law Firm

Today is my last day with the Sullivan & Ward law firm.  This coming Monday I am taking a hop, skip and a jump over to the law firm of Brick Gentry, P.C. in West Des Moines, Iowa.  This is actually almost literally true as the Brick Gentry law firm is located across the parking lot just to the west of my current office location. 

It is difficult to leave my friends at the Sullivan & Ward firm but I am excited by this new opportunity.  Brick Gentry is a growing law firm with an excellent reputation in the Des Moines legal community for over 40 years.  The firm now consists of approximately twenty-five lawyers practicing in a wide range of areas including business law, municipal law, health care law, employment law, litigation and real estate.   

I'll join the firm as a shareholder and continue to work with my current business law clients and litigation matters.  Rush on Business will also continue although you will notice some changes to the links and contact information on the blog in the next couple of days. 

My new contact information is:

Rush Nigut, Brick Gentry, P.C., 6701 Westown Parkway, Suite 100, West Des Moines, IA 50266.  Phone:  515-274-1450; Fax:  515-274-1488; email:  rush.nigut@brickgentrylaw.com

Thank you again to all of you that read this blog.  I appreciate your support and look forward to this next step in the journey.  Stay tuned for more because I have a few plans ahead to mix it up and enhance the blog.  I'll need to settled in but I am looking forward to working on some new challenges very soon. 

photo on flickr by phxpma

 

 

Trout on Ethical Risks of Online Communications

Des Moines Iowa intellectual property attorney Brett Trout is on a panel of experts to discuss the ethical risks of online communications.  The program starts at 12:00 p.m. c.s.t. today and runs until 1:30 p.m. 

See program outline information here.

Rush Nigut Speaks at Central Iowa CFP Luncheon Today

I will be speaking on a panel today at the Central Iowa Certifiied Financial Planner (CFP) Luncheon on the impact of blogging in my career and whether other professionals should start their own blog.  As I said before to the Sertoma Club, when I started this blog I never could have imagined all the great things that could have happened to me from a business perspective.  Now here I am one year later from my last talk on this subject and it just keeps getting better and better.

One of my favorite quotes about blogging comes from Lexblog founder, Kevin O'Keefe:

"Act as if you have a magic wand when creating a blog. What type of work do you want to do? Who do you want to work with? What type of clients do you want to serve? And be careful what you wish for. Blogging can make it happen."

Thanks to the Central Iowa CFPs for the kind invitation to speak at their luncheon.  I'll be on the panel today with financial planners Art Dinkin of Moment on Money and Suzanna De Baca of Private Capital Solutions Group.

 

 

Is Blogging Hazardous for Your Career?

As a blogger you may want to read this post from the Write Stuff on how to protect your online reputation

The post discusses how several employees have been fired from their jobs for writing controversial blog posts including a Web designer that shared stories and opinions about co-workers on a personal blog, an airline attendant who posted photos of herself in an empty jet, and the former CNN reporter who published opinionated entries on his blog.

As pointed out:

In each instance, the blogger’s justifications and legal arguments may be compelling. But that doesn’t change the fact that they all have one thing in common: Termination from lucrative positions that permanently clouds their employment histories.

The post goes on to give some great reminders including

  • Blog as if your employer is watching and behave accordingly.
  • Don't mix business and personal matters.
  • Research company employee handbooks and/or consult HR before blogging.
  • Consider what you stand to gain against what you stand to lose.
  • If you are monetizing your blog check your company's conflict of interest policy.
  • Blog truthfully and accurately.

Above all, whether you are blogging on a personal or business blog, you must be cognizant of whether your words and actions could damage and/or embarass your employer.  If so, you shouldn't be surprised when you receive your pink slip. 

And also always remember the shortest corporate blogging policy:  "Be professional".

Key Differences Between UFOC and New Franchise Disclosure Document

As disclosed in the last post the new amended FTC rule concerning franchise disclosure documents requires franchisors to update their UFOC by no later than July 1, 2008.  After July 1, 2008, franchisors must comply with the new FTC rule only.  Currently, franchisors may comply with either the former rule or the new rule.

Here are some key differences between the former rule and the new rule:

  • Use of unaudited financial statements.  Start-up franchisors may phase-in the use of audited financial statements.  In this case the franchisor must clearly and conspicuously disclose that the franchise has not been in business for three or more years and cannot include all required financial statements.  (There may still be requirements to submit audited opening balance sheets in registration states).  Franchisees should make sure to review the financials carefully as always.
  • Financial Statements.  The FTC will allow the use of financial statements prepared according to U.S. generally accepted accounting principles ("GAAP").  There must be separate audited financial statements for any parent that "commits to perform post-sale obligations for the franchisor or guarantees the franchisor's obligations" in the disclosure document.
  • No Broker Disclosures.  The Amended FTC rule eliminates the broker disclosure requirement.  However, the broker will need to be listed on the Receipt Page because the Receipt Page requires the franchisor to identify all "franchise sellers".
  • Litigation.  Franchisors will be required to disclose material franchisor-initiated litigation against its franchisees.  The rule will be more lenient as a franchisor will only have to disclose actions that the franchisor filed during its last fiscal year - not the last 10 years. Further,  a full description of the case will not be necessary.  If a counterclaim is filed against a franchisee the disclosure will need to be treated as any other franchisee-initiated action and the regular, full disclosure will be required.  (Franchisees will need to more fully investigate whether franchisor-initiated litigation occurred whether it is in the disclosure document or not).
  • Financial Performance Representations.  The new rule encourages franchisors to provide financial performance representations but it is still voluntary.  Franchisors may provide a more detailed cost and expense analysis which could be helpful for prospective franchisees.  Also, franchisors may provide financial representations based upon a subset that shares the same characteristics. 

There are other differences so be sure to talk with an attorney experienced in franchise matters if you are looking at purchasing a franchise.

 

New Proposed FMLA Regulations

The Department of Labor recently released new proposed regulations concerning the Family Medical Leave Act (FMLA).  Since the proposed regulations are 477 pages, it is nice that Ohio employment lawyer Jon Hyman has provided a excellent overview.

Jon simply has one of most informative employment law blogs around.  Here are his highlights of the new regulations:

Except in emergency situations, employees will be required to follow the employer's policy for notification of FMLA leave, eliminating employees' ability under the old regulations to take up to 2 days after an absence begins to notify their employer that they intend to take FMLA leave. This change will greatly improve employers' ability to plan and schedule around employees' medical leaves.

  • Employers will be able to directly contact employees' doctors when employers have questions about FMLA medical certification forms that the doctors have filled out. Employers will no longer have to go through the employee as an intermediary, or retain their own doctor to contact the employee's doctor. While this change may have some effect on employee privacy, it will greatly improve the flow of information and streamline the ability of employers to make proper decisions based on full and complete medical information. This rule will also eliminate the expense and burden of companies having to retain their own doctors simply to ensure that a form is properly filled out.
  • To employers' dismay, the regulations do not change the time increments in which employees can take intermittent leave, but do require that an employee using intermittent leave use the employer's regular call in procedure except in emergencies. Thus, employees will still be able to take intermittent leave in very short increments, continuing for employers the administrative nightmare of intermittent leave, albeit with some additional notice.
  • Employers will be entitled to require employees to obtain certification of FMLA-eligible medical conditions twice a year instead of annually.
  • Currently, the clock under which employees accrue their 12 months of service for eligibility has no time limit, even after multiple breaks of service. Thus, if I work for 6 months for a company, and return 10 years later, I am eligible for FMLA leave after another 6 months. The new regulations place a 5-year cap on years of service for calculating eligibility, except for military or childrearing leaves, or where rehiring is covered by a collective bargaining agreement.

Please note that I often find many small employers mistakenly believe they are subject to the FMLA regulations.  Generally, the FMLA covers employers with 50 or more employees, and employees must have worked for the employer for 12 months and for 1,250 hours of service during the previous year to be eligible for FMLA leave.  So be sure not to create a situation where you are responsible for FMLA leave if you are not required to do so.

As always, seek the advice of an employment lawyer in your particular situation.

flickr photo by mahalie

Blawg Review Has Iowa Encore

My reign as the host of Blawg Review is coming to an end.  But never fear, Brett is here!

Next week Mr. Trout keeps the Blawg Review right here in the great state of Iowa.  I guess we will find out whether patent attorneys really do have all the fun.

As for me, I'll get back to some regular business law related posts next week. 

Blawg Review #147

Welcome to a RAGBRAI inspired Blawg Review.  What is RAGBRAI?  The Register's Annual Great Bicycle Ride Across Iowa is an annual seven-day ride across the state.  Heading into its 36th year, RAGBRAI is the longest, largest and oldest touring bicycle ride in the world.  It's not a race.  It's an experience.   And since Blawg Review is a carnival, nothing says carnival in an uniquely Iowa way like bicycles, spandex, pork chops, pie, frivolity and 10,000 of your closest friends!

The weather in Iowa is frigid this winter.  As the weekend of this Blawg Review approaches Iowans brace for another heavy snow.  Our friend Charlie Longbrief looks at the floor below his stationary bike and dreams of summer.  A person can stand only so many YMCA spinning classes.  He thinks back to his first RAGBRAI as a twenty year old when law school hadn't yet entered his mind and the biggest celebrity on the ride was Oakland Raiders great and Miller Lite spokeman Ben Davidson.  Now it's nothing to see the likes of lawyer turned politician John Edwards or the bicycling legend himself, Lance Armstrong.  Armstrong may have participated in the famous New York City Marathon but his heart will always belong with RAGBRAI.  Listen for yourself:

Day 1:  Missouri Valley to Harlan  - 58 miles

This year's ride starts in the river town of Missouri Valley.  While performing the traditional dip of his back tire in the Missouri River, Charlie sees Liz Overton of the Iowa Law Blog who warns him that because of the $350,000 settlement in a 2004 RAGBRAI death bicyclers better beware of the new proposed legislation from the Iowa State Association of Counties.

Unfazed Charlie gets on his bike and sets out on his adventure.  But as he rides off he does ask himself whether Mad Kane is right.  Is it wise to travel with friends particularly where tents are involved?

About 15 miles down the road Charlie takes a break and starts getting an earful from New Yorker Eric Turkewitz about how State Farm has been hit with a RICO lawsuit over alleged sham medical exams.  That hasn't been reported elsewhere and Charlie worries whether State Farm might be doing the same thing in Iowa.  Charlie is so interested he and Eric ride the rest of the way to Harlan together.  Although its only the first day Turkewitz remarks that he agrees with Lance Armstrong . . . RAGBRAI is a hell of lot more fun than his beloved New York City Marathon.

As he pulls into Harlan, Charlie finds himself a little short on cash and heads off to find an ATM.  There he sees John Crenshaw who starts telling him about the biggest scams banks are pulling off everyday. Charlie just shakes his head in agreement as he pays the $2.00 charge to get the money out of the ATM.  After a little angel hair pasta its time to hit the sleeping bag.  There is a big week ahead and unfortunately Charlie isn't twenty any longer.

Day 2:  Harlan to Jefferson - 83 miles

The next morning Charlie wakes up bright and early and sets off for Jefferson.  He has some clients that are buying a business nearby and that reminds him he should heed Larry Staton Jr.'s advice to know what you are getting when you buy a trademark from an existing business.

About half way to Jefferson our city boy is a little mesmerized by the miles and miles of corn.  It makes him wonder whether Farmer David will be able to pay that large patent judgment he now owes Monsanto as reported by the Patent Baristas.

In Scranton, just short of Jefferson, Charlie sees a big group of people gathered in a park off the town's main drag.  There he sees Dan Slater of the WSJ Law Blog who explains that all the hoopla is because the M & M boys have turned their attention to the RAGBRAI water slides because the Naked Cowboy drove them outta of Dodge.  The revelers love it and the log jam causes a very slow ride into Jefferson that evening.

Day 3:  Jefferson to Ames - 56 miles

It's a big day for politicians on the way to Ames, home of Iowa State University.  Barack Obama and John McCain are expected to make appearances today.  Hillary Clinton is here too and keeps talking about how the Florida and Michigan delegates must count.  Obama shrugs it off by saying even his six year old knows it wouldn't be fair to count votes where there was no campaign.  But at least Florida has made significant strides in improving its jury system according to Juries.  While Diane Levin points out voters can learn a lot from the field of negotiationEugene Volokh shares that John Mellencamp may be able to stop McCain from playing his songs after all.

All the political talk has people addressing serious issues on the road today.  Riding on a three person tandum, Leon Gettler of Sox First tells Charlie that Sarbanes-Oxley not only failed to stop the subprime meltdown, it contributed by giving investors the false confidence that they could rely on the law, and not prudence to protect their market holdingsScott Greenfield shares that Congress has a pending bill that may immunize banks from paying billions in dollars to a small Plano, Texas companyPatently-O adds that although DataTreasury is not directly mentioned in the bill it is pretty clear that Section 14 is directed primarily at the company

As Charlie rides into Ames he sees Kevin O'Keefe and  Holden Oliver of What About Clients engaged in a heated discussion about whether corporate clients really want a lawyer that blogs.  O'Keefe says yes while Oliver says no.  It then gets a little personal when O'Keefe accuses Oliver of being someone else.  Charlie blames Teri Rasmussen who started the whole thing when she said every client should want a lawyer who blawgs.

Day 4:  Ames to Tama-Toledo - 75 miles

Charlie gets ready to head off to Iowa's version of the twin cities today.  In the pancake breakfast line he meets Connie Crosby who is kind enough to introduce him to David Bilinsky.  David tells Charlie all about how there is a great need for law firms to turn their senior partners into business leadersDavid Maister overhears them and chimes in that one-firm firms are often quite successful.

After an uneventful morning Charlie witnesses an accident on today's route where someone goes to the hospital.  It looks like the rider will be okay but David Harlow of HealthBlawg warns that hospital-acquired infections are a real problem.  Iowa estate lawyer Matt Gardner says that even if the rider makes it through he should still think about the disposition of his bodily remains.

 As he enters Tama (or is it Toledo), John Phillips of the Word on Employment Law almost runs smack into a little beagle that darts in front of him.  The incident causes John to conclude that beagles should no longer be excluded from the Animal Employment Protection Act (AEPA).  John is obviously a little excited about the near miss and starts rambling about how he handled the situation a whole lot better than Roger Clemens handled the accusations from Brian McNamee.

Day 5:  Tama-Toledo to North Liberty - 82 miles

Now that we have passed the mid-way point for this year's ride, everyone is a little loosey-goosey today.  Charlie's cadence starts to pick up as the wind blows with the sweet smell of pork chops.  That could only mean that Mr. Pork Chop is nearby.  As he pulls off the roadside to visit our pork chop hero, Charlie sees that Iowa legal blogger extraordinaire Brett Trout and his band of Iowa legal bloggers are engaging Mr. Pork Chop in a battle of wills to determine who has the loudest pork chop call.  Sadly, while Trout may be Iowa's toughest attorney he is no match for Mr. Pork Chop in this arena.  Hear why:

 

After a pork chop and a short nap Charlie rides along to catch up with Michael Moore who discusses risk management in employee terminations and explains sometimes the "How" is as important as the "Why".  Pretty soon both of them come across a big party along the roadside.  A crowd is gathered around Dennis Kennedy who apparently is still celebrating his blawgiversary and birthday.  During the party Tulane Law Professor Alan Childress wonders aloud whether any Iowa legal counselors had ever been in trouble like the lawyer that got into trouble with his state bar by trying to talk his way out of a ticket for deer hunting.

Still a little full from his banana cream pie, Charlie and his new friend Charles H. Green ride along at an easy pace discussing that as more and more banks and consumers walk away from loans--and contracts gone bad, we are reminded that legally binding contracts are often only as strong as the morality of those signing them.

That evening after dinner there is lots of entertainment in North Liberty.  At a concert Cathy Gellis proclaims, "I need a husband!"  The revelation causes Jon Hyman to explain what happens when office romances go bad.  But Cynthia Shapiro, who received her RAGBRAI pass from George's Employment Blawg, says you might be able to have that office romance if you know a few secrets.  When Jennifer Jaskolka-Brown overhears them she warns them that email has made it much easier to collect damaging evidence in divorce cases.

Day 6:  North Liberty to Tipton - 62 miles

Charlie decides to join the Lance Armstrong peloton this morning for some fun.  As you might expect with Armstrong the ride is a little faster paced today.  There are several others brave enough to join the pack this morning:

 

Day 7: Tipton to LeClaire - 55 miles

The last day!  On his ride to LeClaire, Charlie meets up with the anonymous Editor of Blawg Review to tell him the ride has been worth it.  Together they dip their front tires into the Mississippi River where Charlie quips that normally what happens on RAGBRAI stays on RAGRBRAI, but this year what happens on RAGBRAI ends up on Blawg Review!

 * Legal Disclaimer:  This Blawg Review is a work of fiction.  Names, characters, places, events and incidents either are the product of the author's imagination or are used fictitiously.  Any resemblance to actual persons, living or dead, events or locales is entirely coincidental.

Blawg Review has information about next week’s host, and instructions how to get your blawg posts reviewed in upcoming issues.  My dear friend and fellow Iowa legal blogger Brett Trout takes the helm next week.  We wish him well as he tries to best the excellence of his previous effort on Blawg Review #106.

--------------------------

 Flickr Photo Creditsjohnedwards2008, wade, blmurch, MNgilen, IaRuth, wade and artandscience

Hosting Blawg Review Next Week

Next week I will be the host of Blawg ReviewBlawg Review is a blog carnival for anyone interested in law.  I encourage you to submit your posts or any recommendations for posts.  Please follow these submission guidelines

If you haven't already done so or are unfamilar with Blawg Review, be sure to take a look at this week's Blawg Review #146 from the Invent Blog.

I have already received some great submissions so I am looking forward to the fun. 

Business Lawyer Says Every Client Should Want a Lawyer that Blogs

Terri Rasmussen of the Ohio Practical Business Law Counsel blog says that every client should want a lawyer that blogs.  As you might guess, I agree. 

Why is it important, you ask?  Terri shares her thoughts (with some comments by me):

  1. Knowledgeable Entrepreneur.  The blogging lawyer thinks in broader terms about what they want to know and what they can offer to clients.
  2. Communication 101.  Connecting in a simple, straight-forward manner is key.
  3. Authenticy and Real Voice.  You get to see the personality of the lawyer. 
  4. Quality and Competence.  There is some ability to assess the quality and competence of the lawyer you are thinking about hiring.  No way to do that with a yellow pages ad.  This is where Terri makes perhaps her best point.  Any lawyer that is willing to put themselves out there and open up to scrutiny ought to be high on the list of any client.
  5. Commitment to the Law Made Practical.  Most clients want to deal with a lawyer that just isn't in it for the money.  Why not consider a blogging lawyer that not only spends their spares time writing but also GIVES AWAY practical information to help people?  Blogging lawyers care.

Like Terri, I strive to have fun and help people through my blog and there is no question it has made me a much more effective lawyer.  Blogging is an educational process.  Not just for the reader but especially for the writer.  Without blogging I would never get to learn from great lawyers like Terri.

Humbled and Having Fun!

It's always nice when people say great things about you but I am particularly humbled by a recent post from What About Clients?  WAC? is one of the great blogs (and I do mean great as evidenced by their award as the Best All Business Blog for 2007 by the ABA).  I respect Dan Hull and his gang for their absolute passion to delivering superior customer service.  WAC? is really just an extension of that passion.  As a young lawyer it was drilled into me that you do whatever it takes to serve clients and even a little bit more.  It's apparent Dan Hull lives that motto every day - 24/7.

But now there is a little pressure for the Blawg Review on February 18th.  Between WAC? and the comments from the wildly popular Iowa patent attorney Brett Trout I better not disappoint.

Iowa Law Blog Catching Stride

When our law firm started the Iowa Law Blog, I had high hopes despite the fact that I knew a firm-wide blog would not be easy.  But I saw what Stark and Stark had created with their New Jersey Law Blog and knew it could be done.

I don't know if you have noticed lately but Sullivan & Ward's Iowa Law Blog really seems to be catching its stride.  Three blogging faithfuls (Matt Gardner, Jennifer Jaskolka-Brown and Liz Overton) are creating a wealth of information in niche topics of Iowa law including weath and estate planning, family law and employment law.   Here are some of their great posts this past week:

Plus we officially (finally) made the I list.   Thanks to Chris Punke for that great widget.  Now I just need to get it on the blog.

 

 

Which Presidential Candidate Best Represents Small Business?

Super Tuesday is behind us and neither party has its nominee although John McCain may be very close to securing his party's nomination soon.  So my question is which presidential candidate do you believe will best represent the interests of small business?  According to a Small Business Television poll (SBTV.com), Barack Obama will best represent the interests of small business.

It would be fun to know what you think.   

Government Should Stay Out of Professional Sports

The Giants denied the Patriots a perfect season with an amazing 17-14 victory in tonight's Super Bowl.  And as much as I enjoyed the game I couldn't believe my eyes when I read a headline that Senator Arlen Specter intends to meet with NFL Commissioner Roger Goodell and has indicated that the Patriots' spygate controversy could go to hearings.

Frankly, I've had it.  Don't we have a little more serious problems to deal with like a struggling economy, a mortgage foreclosure crisis and wars in Iraq and Afganistan.  Our government should stay out of the current NFL controversy and also major league baseball for that matter.  But if they are bound and determined to investigate something perhaps I could go along with an investigation of professional soccer.  After all, the money paid to David Beckham after playing a measly number of games is the single biggest atrocity I have seen in sports during my lifetime.

 

Seven Things About Rush

Andy Priestley of DWebware tagged me some time ago for the "Get to Know Your Author" meme.  It has taken me a while to get to it but here we go.

The rules of “tag” are simple:

  • Link to the person that tagged you and post the rules on your blog.
  • Share 7 random and or weird things about yourself.
  • Tag 7 random people at the end of your post and include links to their blogs.

Seven random and/or wierd things about me:

  1. I am not named after Rush Limbaugh or the rock band.  The truth is my mom has a bit of flair for the unusual or dramatic.  For further evidence, my brother's name is Roman.  Turns out I was named appropriately because I started walking (actually running) at seven months and was kind of a terror as a young kid.
  2. I was born in Germany.  There was been wide speculation about whether this will halt my presidential aspirations but I contend I am a natural born citizen because my father was in the military at the time and I have always had American citizenship (although I did have dual-citizenship until the age of 18).  And no, I really don't speak German very well and on one of my trips back to the homeland I thought Wienerwald was a place to get hot dogs.  (Actually the restaurant was named after Vienna Woods and sold chicken).
  3. I grew up in Corydon, Iowa (population about 1,600).  We had no stop lights in town and definitely no McDonalds, Wal-Mart or even a Pizza Hut.  But it was a wonderful place to grow up and I'll never forget the fun I had playing quarterback for the greatest team in Wayne Falcon football history.  While that assertion may be disputed by classes before us (but none after us), there is no denying our senior record speaks for itself - case closed.
  4. I love baseball.  My office is decorated with baseball memorabilia featuring George Brett and Cal Ripken, Jr.  I coach both of my sons' little league baseball teams and this year will begin coaching an AAU team after the little league season. 
  5. I am a business lawyer but I started my career handling just about everything including traffic tickets, personal injury, family law and criminal law.  My varied background has served me well in representing business people who often run into these issues and don't know who to call.  My first trial involved representing a lady accused of running a red light and hitting another car.  The only independent witness testified that my lady had run the red light.  My cross-examination must have been okay because miraculously we won the case but I was so surprised I needed the judge to repeat his verdict when he ruled from the bench.  
  6. My wife is a lawyer and when we got married our pastor told us that ordinarily he doesn't recommend it but would advise us to "talk to our lawyer" if we ever had marital problems.
  7. For my dream job I would love to be a sports announcer.  I used to sit in the stands as a little kid and announce the high school basketball games with a buddy.  Maybe I could trade places with Bob Costas?

So there you go.  Seven things you may, or may not, have wanted to know about me.  Now I want to hear from:

Back to business law on Monday with word on a big Iowa Supreme Court ruling that has a big impact on home builders.

Iowa Immigration Bill Targets Employers

Under a new Iowa immigration bill, employers that repeatedly employ illegal aliens would face civil penalties of up to $10,000 and up to a year in jail under legislation being proposed in the legislature.  Employers would be exempt from penalties if they seek verification of a worker's citizenship status through the Department of Homeland Security's verification system.  But many employers complain that system is dreadfully slow.

House File 2026 has sparked significant debateDemocrats claim it is a human rights issue.  Republicans claim it is pure politics in an election year and intended to protect unions while harming non-unionized independent contractors.   The Hispanic community in particular has great fears that jobs will no longer be available in Iowa under the new law.

This bill may have the biggest impact on Iowa businesses this legislative season.  Read  House File 2026 here.

 

 

Wage and Hour Class Actions are Booming

I've said it before (and also here) but it bears repeating that wage and hour class actions are booming.  Just this past week Iowa's Casey's General Stores was hit with a wage and hour lawsuit with allegedly more than $5 million at stake.  If that isn't enough to convince you to examine whether your company has vulnerabilities you better read this informative blog post from Mark Toth of Manpower.

The 4th Annual Workplace Class Action report from Seyfarth Shaw shows the volume of wage and hour class action continues to grow exponentially.  As the report's editor says, “identifying, addressing, and remediating class action vulnerabilities” should be at the top of every employer’s list of 2008 priorities. 

Pinch Hitting at Biz Luncheon

Today I'll be pinch hitting for Brett Trout at the Des Moines Partnership's Biz Networking Luncheon.  I will cover how to stop doing things online that will land you into court.  The best part of this presentation is I get Brett's material.  I hope to see you there today.

This event will be held in the Arthur Davis room at the Greater Des Moines Partnership on January 15th. The luncheon will begin at noon and will conclude at 1:30. The cost of the event is $10 for members and $12 for non-members.  To RSVP for the event, please email Cathy Spenceri at caspenceri@dmacc.edu . We hope to see you there!

photo on flickr by jimcchou

IowaBiz Breakfast Series Presentation

This Wednesday morning (Jan. 16th) I will speak at the IowaBiz breakfast series on the How To Avoid Legal Surprises for Your Company.  The presentation begins at 7:30 a.m. at the Professional Solutions Insurance Services' Building, 14001 University Avenue, Clive, Iowa.

Thanks to our hosts from Professional Solutions Insurance Services.  So far, the series has been fantastic including talks from Drew McLellan, Shirley Poertner, Brian Honnold and Mitch Matthews.

I hope to see you there.

Clemens Throws High Hard One

Roger Clemens has sued his former trainer for defamation in an attempt to regain his Hall of Fame reputation.  The WSJ Law Blog has a great story on the lawsuit.

The interesting question will be whether the trainer will file a counterclaim for defamation.  Why not?  McNamee now has to protect his reputation and Clemens has the deeper pockets.  At this point McNamee won't have anything to lose either.  Public opinion for baseball players after the Mitchell Report is perhaps only a little higher than the public's views of lawyers.

See my thoughts on the Mitchell Report here.

Photo on flickr by dethtrip99

Iowa Lawyer Featured on WSJ Law Blog

Iowa trial lawyer Joe Gunderson was featured this past week during the Iowa Caucus on the Wall Street Journal Law Blog.   Joe had the following comments regarding what it's like to have Iowa in the national spotlight:

It’s fabulous because we get a rejuvenated civics lesson every four years. Our newspapers for the past few months have been filled with the political process and the issues of the day. The candidates get asked questions in Osceola about the Iraq war. In Orange City, they get asked about ethanol. In Fort Madison, they get asked about Social Security and Medicare. Just this morning, I was driving in downtown Des Moines and there were college students standing outside, underdressed in 10 degree weather, smiling and waving Obama signs. How could you be cynical about politics when you see that in the morning while driving to work.

It was kind of funny that the Law Blog expressed surprise Gunderson was a trial lawyer AND chaired President Bush's Iowa campaign.  Only in Iowa, right?  Republican trial lawyers and Democrat defense lawyers like Gordon Fischer.   On the Iowa lawyer-advisor side, Joe mentioned Iowa lawyers Doug Gross (Romney) and Jerry Crawford (Clinton) in the story but apparently forgot about the younger Fischer and his advisor role on the Obama campaign.  Gordon accurately projected the huge turnout, which no one expected other than Ann Selzer, and helped lead the Obama campaign to victory. 

There's change happening here in Iowa too.

The Real Caucus Winners: Iowans

Iowans turned out in record numbers for the caucus!  My precinct almost doubled the turnout from 2004.  The energy was infectious and everyone could feel something special was happening.

Congratulations to the winning candidates but the real winners are Iowans.

 

 

Caucus Today!

Today is the day.  The Iowa caucus is finally here.  I saw this report fromYahoo that approximately 2.75 million Iowans won't caucus today.  That means only approximately 10 percent  (or less) of Iowans are expected to caucus.  Let's hope we blow that figure away.

I was a little surprised when one of my friends told me he would not be participating in the caucus.  He thinks his vote doesn't matter.  Hogwash!  When I hear things like that my blood boils.

Recent elections for President have demonstrated that every vote counts.  If the electorate doesn't turn out we most assuredly get the government we deserve.  Do yourself a favor and exercise your vote.  By this November it may be too late.

P.S.  I will get back to business law very soon but first things first.

 

Where's My Caucus?

Tomorrow is the Iowa caucus.  As my friend Michael Libbie pointed out in a recent comment on this blog, we are so lucky here in Iowa.  We get to meet the candidates, ask questions and receive hundreds and hundreds of phone calls.  (Well, two out of three isn't bad).

Caucus locations and information for Democrats can be found at www.iowafirstcaucus.org.

Caucus locations and information for Republicans can be found here

I encourage all Iowans to participate.  If you are in Precinct 70 in Des Moines, I'll see you there.