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The Iowa consumer class action case against Microsoft has officially begun.  Roxanne Conlin began her opening statements Friday.  Her case will include nine separate stories about how Microsoft has undercut competitors and acted illegally.  She will focus not only on IBM and Linux but also lesser known companies such as Go Computers and Acer Co. …

The opening statements in the Iowa Mircosoft litigation were delayed today.  Pre-trial instructions took hours.  Check out Brett Trout’s blog.  He sat in on the trial today.

Here is something to keep in mind.  If opening statements are tomorrow, I’ll bet that Roxanne Conlin takes all the day and more to give her opening. …

Opening statements in the Iowa consumer class action case against Microsoft begin November 30, 2006.  Several readers each day have been hitting this blog reading posts relating to the case.  To make it easier for readers I have added a Microsoft Iowa Litigation category on the right side of the blog.  This should make it…

In December’s issue of Inc. Magazine, Norm Brodsky describes a paradox of successful negotiation.  The less interest you have in doing a deal, the more likely you are to get one you’ll find difficult to refuse.

Brodsky is considering selling his businesses (records storage, secure document-shredding and delivery).  He turned down an offer from…

The time to hire a business attorney is before you get into legal trouble.  It is much easier and more cost-effective to prevent problems rather than solve them.  Further, if you do get into legal trouble it will be much easier to deal with the issues if you already have a solid relationship with…

I read this well-written blog post from Ken Adams of Adams Drafting regarding the implications of a buyer knowing, pre-closing, that a seller’s representations are inaccurate in a business sale.  I recently wrote about the litigation traps of selling a business so I found this article intriguing.

Following the tips outlined in Ken’s post may…

In Iowa, non-compete agreements are enforceable under certain circumstances.  The best time to secure a non-compete is when you hire the employee although continued employment may be sufficient consideration to bind even current employees.  Iowa courts have developed a three-part test to determine whether a non-compete agreement is enforceable:

1.  Is it necessary for the…

The Technology and Marketing Blog has an interesting analysis of the Barrett vs. Rosenthal case handed down by the California Supreme Court on November 20, 2006.  In its ruling, the court decided whether "distributors" of content have immunity under 47 USC 230 for Internet publications.

A major point in the analysis: 

No one is

…

Buying a franchise does not automatically provide you with limited liability.  The franchisor may be a corporation or LLC but that does not make your own franchise business a corporation or LLC.  You must still form your own corporation or LLC in order to obtain the benefits of limited liability.  Otherwise, you will have a…