In this video I discuss a red flag I’ve seen come up in franchise agreement negotiation. Sometimes a franchisor will tell a prospective franchisee that they can’t (or won’t) change the franchise agreement. That’s just fine but my problem comes when they say, "Don’t worry though, we won’t hold you to that provision." That is
Business Law
The Franchise Contract is Over. What Next?
By Rush Nigut on
Maryland franchise lawyer Jeff Fabian has an excellent blog post on the issues to consider when the franchise agreement terminates on the Franchise Help blog.
In my experience many franchisees are under the misconception that they can simply change the name of their business and then begin serving the same customers the next day under…
False Advertising Lawsuit Filed Against Hall of Famer George Brett’s Company
By Rush Nigut on
Posted in Business Law, Business Litigation
A false advertising lawsuit has been filed against Brett Bros. Sports International, Inc. by an Iowa man. The President of the company is none other than Hall of Famer and legendary baseball player, George Brett. The lawsuit, filed in the United States District Court for the Southern District of Iowa seeks class action status and more than…
Iowa LLC Law: Anonymity in Filing Good for Confidentiality
One of the nice benefits of filing an LLC in Iowa is that the owners are not required to disclose the members in filings with the Iowa Secretary of State. In many instances when filing a Certificate of Organization, I won’t list the member(s) to provide anonymity to the member(s) on the public search site. Instead, I’ll sign…
Should You Include Your Spouse When Forming an Iowa LLC?
By Rush Nigut on
I am often asked whether a business person should include their spouse when forming an Iowa small business LLC. Circumstances may vary but there are usually some benefits to filing an LLC as a single-member rather than having two or more members. First, single-member LLC owners are not required to file a separate tax return…
Where to Incorporate or Form an LLC for Your Iowa Small Business?
By Rush Nigut on
I’ve addressed the issue of where to incorporate or form an LLC for your Iowa small business a few times on the blog. In general, Iowa small businesses would do well to incorporate or form their LLCs right here in Iowa. But I am asked often enough that I thought it might be helpful to prepare a…
Should a Spouse Sign a Franchise Agreement?
By Rush Nigut on
I recently received an inquiry on the blog asking whether or not a spouse should sign a franchise agreement. Circumstances may vary, but in general, I usually recommend that spouses don’t sign the franchise agreement if they aren’t going to be involved in the franchise business. It’s my view there is no reason your family…
Rush on Business You Tube Channel on the Air!
I am pleased to announce that I now have a Rush on Business You Tube Channel where I’ll post short videos on various aspects of business and franchise law. I have a few videos posted so far and I’ll add content weekly.
New videos include:
Should You Include Your Spouse When Forming a Small Business LLC?…
Iowa Startup Fair Has More Than 80 Companies
By Rush Nigut on
The Iowa Startup Fair takes place on January 31, 2012 from 3 to 6 PM in various locations around downtown Des Moines, Cedar Rapids, Cedar Falls and Pella. More than 80 companies will be exhibiting throughout the state.
There are more than 50 businesses exhibiting at the Des Moines locations. Those locations are the StartupCity Des Moines offices…
Employers & Social Media: NLRB 2nd Report Concerning Social Media
By Rush Nigut on
Jon Hyman wrote on his Ohio Employer’s Law Blog that the NLRB has issued a 2nd report on social media as protected concerted activity. If you are an employer considering discipline or termination of an employee resulting from social media activity you need to be very careful. Jon points out:
This report underscores that employees’ use of social
…