Category Archives: Incorporation and LLC Formation

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Women-Owned Business Grants

I am often asked about business grants for women and minorities. In my experience these grants can be difficult to come by but they do exist. Here is an article from Entrepreneur discussing grants for women-owned businesses and also a link to the Targeted Small Business site with the Iowa Department of Economic Development.… Continue Reading

Franchiseless in Seattle?

I had to share an excellent blog post on Seattle’s $15 Minimum Wage: Not Unconstitutionally Discriminatory? by Shannon McCarthy of the ZorBlog. My tongue-in-cheek title unfortunately rings some truth. If you read Shannon’s post you will see that the Seattle mayor and city council members are, shall we say, less than welcoming to franchisors and … Continue Reading

BIZ Luncheon Features Casey Niemann of AgriSync

If you are fresh off your spring break and looking for a great networking event I recommend attending the BIZ Luncheon this Wednesday, March 25th at the Ruan II Building, 601 Locust, Conference Room 101 in Downtown Des Moines. Casey will share the tale of his leap from the corporate world with Microsoft to the … Continue Reading

Business Owners: Don’t Neglect Succession Planning

All too often business owners neglect succession planning. In fact, according to a recent Inc Magazine article and Deloitte survey on the topic, 90 percent of business leaders recognize the success of their company depends on effective leadership succession but only 13 percent are confident about the succession plans they have made. And those are business … Continue Reading

Iowa Specialty Business Court Off to Good Start

Back in January of 2013 I shared that the Iowa Supreme Court began a new specialty court for business cases. According to a recent article from the Des Moines Business Record it sounds as though the court is off to a good start. (Unfortunately the article is only available in the member’s section of the … Continue Reading

My Own (Informal) National Start a Business Day

I don’t know why or what’s in the water but November 17th must have been my own little national start a business day as I helped people form and start four businesses today. It is days like today that certainly keep you energized as a business lawyer and it is fun to see the excitement … Continue Reading

Entrepreneur Magazine Says Hire a Good Lawyer When Starting Business

Entrepreneur Magazine columnists Courtney Spritzer and Stephanie Abrams list Hiring a Good Lawyer as one of the four things a start up business owner should do that may not be in the business plan. Another professional they suggest engaging is a knowledgeable accountant. And I could not agree more. In fact, I get worried when a client … Continue Reading

Watch for Alleged Yellow Page Advertising Scams

I was recently contacted by a business client whose employee signed a “contract” purporting to be from YELLOW PAGE IOWA that had been faxed to their business for what appeared to be a free Yellow Page or Facebook ad. The contract is misleading and deceptive and the fine print actually attempts to lock the client … Continue Reading

Rush Nigut Receives Recognition by Peer Review Publications

Rush Nigut has been selected by his peers for inclusion in the 2015 Edition of the Best Lawyers in America© in the practice areas of Business Organizations (including LLCs and Partnerships) and Franchise Law. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers is based on an … Continue Reading

Prospective Franchisees Need to Research Further Than FDD for Details

I read an interesting article from Entrepreneur on the Key to Understanding a Company’s FDD (franchise disclosure document). It’s an article I’d recommend prospective franchisees read but they better be prepared to go deeper if they really want to understand a Company’s FDD. The author recommends checking three key sections of the FDD: Item 3 … Continue Reading

Careful Planning Necessary When Using Retirement Monies to Fund Startup Business

Accountant Joe Kristan of Roth & Co. has an informative post on the IowaBiz Blog discussing the dangers of using IRA retirement monies to fund a startup business.  In the situation described, a would-be entrepreneur took about $320,000 from his 401K and rolled it into a self-directed IRA. From there, the entrepreneur invested almost all … Continue Reading

Vote ‘Yes’ to Renovate and Update Polk County Courthouse

I generally try to stay away from politics on this blog but there is an important vote on November 5th regarding Measure A:  The Polk County Public Safety Judicial System Bond. I encourage you to vote ‘Yes" for this measure. Our Polk County Courthouse has been in use for over 100 years. While it is … Continue Reading

Due Diligence Training Through Plains Angels: Classes of Stock and Corporate Structure

Those interested in raising investment capital for their business, or those interested in making investments in businesses, may want to take advantage of the monthly due diligence/investor training provided by Plains Angels.  Plains Angels is a group of Midwest angel investors that have now funded various projects here in the Midwest. The group is actively … Continue Reading

U.S. Patent Law Changes: The First-Inventor-to-File One Year Grace Period

* This is a guest post from Jessica Susie of the Brick Gentry Law Firm. Jessica is a registered patent attorney. The America Invents Act, which President Obama signed into law on September 16, 2011, has been gradually overhauling the United States patent system. March 16, 2013 marked the biggest change – the United States … Continue Reading

How to Deal with Partner Disputes

 I saw an interesting article on the LexBlog Network regarding how to deal with partner disputes. The post written by Texas restaurant lawyer, Matthew Sanderson, dealt specifically with restaurants, but the information contained in the post is applicable to any business. Sanderson recommends the following when a dispute occurs: Avoid the conflict by identifying motivators … Continue Reading

Plains Angels Investing in Iowa Companies

The Des Moines Register reported that investor group Plains Angels has invested $750,000 over the last eight months. This is great news for Iowa startup companies. Venture capital in Iowa has lagged and groups like Plains Angels are definitely trying to change that. There is a $300 application fee to present before the Plains Angels’ … Continue Reading

Iowa Business Court Judges Selected

In January  I wrote about the new Iowa Business Specialty Court Pilot Project.  This week the Iowa Supreme Court announced that three judges have been selected to hear cases for the business court. The judges include: Judge Michael Huppert of the 5th Judicial District, which includes Dallas, Polk and Warren counties; Judge Annette Scieszinski of … Continue Reading

5 People You Need To Meet When Starting Your Business

 There are 5 people every entrepreneur should meet when starting a business: Lawyer; Accountant; Banker; Insurance Agent; and Marketing professional. How do hire a lawyer that’s right for you? See my article on my new site, Iowa Business Law Services. As we are now in the heart of tax season, many business owners are looking … Continue Reading

Iowa Business Law Services: Rush on Business Companion Web Site

 I am very happy to announce my new companion Web site to go along with this blog at www.iowabusinesslawservices.com. The site will feature information on my legal practice areas, a simple way to submit information for formation of a new corporation or LLC and also a video resources section with tips on business and franchise … Continue Reading

Lesson # 4 From Hard Luck Franchisees: Buying a Franchise in a Saturated Market or Industry

  I’ve seen it many times. A certain market or industry becomes "hot" and all the sudden franchises start popping up all over the place. For example, a few years ago the 24/7 fitness market took off. In the Des Moines, Iowa area there were all kinds of fitness franchises that entered the 24/7 fitness … Continue Reading

Lesson # 3 From Hard Luck Franchisees: Franchisor Reservation of Rights to Sell or Transfer Business

This is Lesson #3 in a five-part series on the top reasons I’ve seen franchisees fail.  Tucked away in nearly every franchise agreement is a provision that very few franchisees consider when they are purchasing a franchise business. The provision I am referencing gives a franchisor the right to sell or transfer its business to … Continue Reading

Business Partnerships Need Communication

 Mike Colwell of THE BIZ posted a presentation I have on Partnering for his Raising Capital series. One of the biggest things a partnership needs is communication. Like any good marriage, communication is the key. Business partners that communicate effectively are much more likely to be successful. Also, proper documentation is a key. Without documentation, … Continue Reading
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