Judge Scott Rosenberg delivered yet another blow to Microsoft in the Iowa consumer case when he refused to limit the size of the Iowa class-action lawsuit. Microsoft had argued the interests of volume buyers were not the same as consumers who made individual purchases. Microsoft also argued that the plaintiffs could not show "that all
Business Law
Formation of Iowa Business Should Include Buy-Sell Agreement
By Rush Nigut on
An often neglected agreement in the formation of a small business is the buy-sell agreement. Every business that has multiple owners should consider having a buy-sell agreement. Such an agreement covers how an owner can sell shares and how to value those shares. Further, a good buy-sell agreement sets forth what happens in the…
Federal E-Discovery Rules
By Rush Nigut on
The new federal electronic discovery rules become effective December 1, 2006. Fed. R. Civ. P. 26, 33, 34, 37, and 45 are being amended to take into account the importance of electronic records in the discovery process.
Here are the pending rules amendments.
Thanks to the Minnesota Business Litigation blog for the reminder.
Lawyers…
Hiring a Lawyer for Business Contracts
By Rush Nigut on
In my last post I talked about my reluctance to recommend do-it-yourself solutions when it comes to business contracts, Wills and other documents. I know it is self-serving but I have just seen do-it-yourself solutions come back to haunt business people too many times to count. If you are a business person you can pay…
Start-Up Business Resource: NOLO
By Rush Nigut on
Posted in Business Law, Starting a Business
As a business lawyer, I am reluctant to recommend do-it-yourself solutions. I have seen many business people run into problems with do-it-yourself contracts, Wills and other documents. With that caveat, the NOLO Web site is a great online resource.
The NOLO site covers several categories including:
Conlin Allowed to Try Microsoft Case
By Rush Nigut on
Here is an update to the ongoing Iowa consumer case against Microsoft:
Polk County, Iowa District Court Judge Scott Rosenberg has ruled that Roxanne Conlin is allowed to try the case against Microsoft. Microsoft had filed a motion attempting to exclude Conlin on the basis that she had engaged in misconduct when she persuaded a…
Iowa Business Hall of Fame Inductees
By Rush Nigut on
Posted in Business Law, Events
Congratulations to Des Moines attorney Steven Zumbach for his induction into the Iowa Business Hall of Fame. In reviewing the list of inductees it looks like he is only the second practicing attorney inducted since 1975. Zumbach is a partner in the Belin Lamson McCormick Zumbach Flynn law firm, a past chairman of the Greater…
Small Business Corporate Governance
By Rush Nigut on
I recently read an excellent reminder on corporate governance issues written by business and real estate lawyer Traci D. Ellis.
Ellis wrote that good corporate governance is essential to running and growing a business. Here are some of her examples of good corporate governance:
- Hold regular board of director and shareholder meetings in
…
Where Should You Incorporate Your Iowa Small Business?
By Rush Nigut on
Where should I incorporate my small business? I hear this question a lot from would be entrepreneurs in Iowa. The question used to surprise me but after seeing the numerous advertisements for Delaware and Nevada corporations on the Internet I suppose it is a legitimate question.
Delaware has reputation and history on its side. Delaware’s…
Bloggers Beware!
By Rush Nigut on
Iowa patent and technology lawyer Brett Trout recently posted about a couple of cases where bloggers were hit with big verdicts. One of the verdicts included $11.3 million awarded to a Florida woman after being called a "crook", "con artist" and a "fraud" in an online post.
This just points out that businesses must look…