Business Litigation

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As evidenced by a recent study from Iowa Association of Business and Industry, Iowa companies are concerned about the legal climate in Iowa. 

Here are five ways to avoid lawsuits against your business:

1.  Use written agreements.  Unfortunately the day is over when you could rely on a handshake.  Make sure that your agreements…

The Iowa consumer class action case against Microsoft begins tomorrow, November 13, 2006.  It is anticipated it may take weeks to pick the jury and the trial itself could take several months.  The jurors will be expected to complete a 31-page survey before the questions even begin.  Surveys are often used by Plaintiffs’ attorney, Roxanne…

New York Small Business lawyer Imke Ratschko presents a helpful e-book on her blog "Small Business Guide to Risk Management – A complete guide for business decision-makers" published by the Association of Small Business Development Centers.

This easy to read guide discusses the many risks that businesses face and provides checklists to assess those risks…

A $1.888 million dollar judgment in favor of a Delaware bankruptcy trustee stresses the importance of careful consideration before deleting electronic records from your company’s computer system.  In the case of In re Quintus Corp., 2006 WL 3072982 (Bankr.D.Del.Oct. 27, 2006), the Bankruptcy Court of the Delaware District imposed a penalty of summary judgment against…

In pre-trial rulings, Polk County District Court Judge Scott Rosenberg has thrown out the "loss of innovation" damage claim alleged against Microsoft .  Plaintiffs’ counsel, Roxanne Conlin, had alleged that Microsoft’s market dominance prevented other software companies from developing products that competed with Microsoft’s web browser Internet Explorer and other Microsoft products.

The Judge sided…

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…

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…