You’ve probably seen them in your contracts. Miscellaneous provisions such as choice of law, litigation venue, successors and assigns provisions, no waiver, entire understanding, or supersede clauses. They tend to always appear at the end of the contract and are almost always an afterthought by the parties. After all, those provisions don’t mean anything
Business Litigation
Trial Law: Tiger’s Loss Offers Good Lesson
By Rush Nigut on
Tiger Woods is the greatest golfer of his time. He was such a lock going into the weekend of the PGA Championship that an Irish bookmaker actually paid out the winnings on Tiger before the third round even started — oops! I’ll admit that I never could have imagined Y.E. Yang would actually pull it out for…
Repeat After Me: Get it in Writing
A recent case reported in the Des Moines Register discusses how a handshake deal on the sale of a home went awry for a man that apparently invested over $100,000 in a home – only to learn the home was not his.
Actually there was a one-line agreement in this instance which read, "I Floyd…
How Business Gets Done Hits Virtual Bookshelves
How Business Gets Done, Words of Wisdom from Central Iowa Experts has hit the virtual bookshelves at www.lulu.com. I am honored to be a contributing author with several respected peers in our business community. My chapter is on the Partnership Prenuptial where I discuss the importance of drafting a buy-sell agreement from the beginning…
U.S. Supreme Court Rules on Iowa Age Discrimination Case
By Rush Nigut on
The U.S. Supreme Court recently handed down a decision in Gross v. FBL Financial Services. The Court ruled that a plaintiff bringing a claim under the Age Discrimination in Employment Act (ADEA) must show by a preponderance of the evidence that age was the "but for" cause of the employer’s adverse employment decision, and…
Corporations and LLCs: Tips on Signing Agreements
Whether you are starting a business from scratch or buying an existing business you should consider setting up a corporation or limited liability company (LLC) before you actually sign any agreements or documents relating to your new venture. To the extent possible, avoid signing any contracts, loan agreements or leases in your personal name. In…
Casey’s General Stores Settles Wage Lawsuits for $11.7 Million
By Rush Nigut on
According to the Wall Street Journal, Iowa-based Casey’s General Stores agreed to pay $11.7 million to settle two class action wage lawsuits.
According to the Department of Labor and industry experts, it is believed that 70 percent (or more) of businesses are out of compliance with wage and hour laws. How can your…
San Diego Small Business Law Blog is a Gem
From time to time I enjoy featuring a business law blog worth reading. The San Diego Small Business Law Blog from Joseph Dang is definitely one to check out. Although the blog is centered on California law, Joseph has a number of general posts that are helpful to any small business owner.
In particular, I encourage…
Iowa to Allow Private Action for Consumer Fraud Claims
By Rush Nigut on
Posted in Business Law, Business Litigation
The Iowa House and Senate recently passed legislation to give consumers a private right of action for fraud claims. Previously Iowa was the only state in the nation that did not provide such a right to its citizens.
Consumer advocacy groups say there are too many exemptions under the bill, which is expected to…
Importance of Employee Non-Solicitation Agreements
A few weeks ago I attended a conference relating to venture capital in Iowa. During the talk several of the panelists commented that they would not sign a non-disclosure agreement prohibiting them from discussing a potential business idea they learned about from someone seeking capital. The venture capitalists did not want potential liability for ideas that…