Buying & Selling a Business

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The Wall Street Journal Reports that many law firms have begun offering flat monthly fees to their business clients. Done correctly, these type of arranagements can be advantageous to the client and the firm. I have worked with several companies in this way for several years and prefer to charge flat fees for many different…

The Wall Street Journal recently featured Rush on Business in The Journal Report on Franchising. Other Web sites featured included MyFranchiseLaw.com and Fox Rothchild’s Franchise Law Update. This blog was also featured in a Wall Street Journal article in March of 2009 as one of the blogs for prospective franchisees to read.

The…

I recently attended the ABA’s Forum on Franchising this past week in cloudy San Diego. (Yes, that’s correct, cloudy).  One of the more interesting sessions involved the Most Frequently Litigated Substantive Provisions in Franchise and Dealership Agreements by franchisee lawyer John Holland and franchisor lawyer Jonathan Solish.  Numerous litigation topics were covered including choice…

The Business Record reported this week on a federal court lawsuit recently filed by local fitness franchise Farrell’s Extreme Bodyshaping, Inc. against Kosama, another fitness franchise headquartered in the Des Moines area. Both franchises specialize in a 10-week body "transformation". Farrell’s is the established franchise in the area marketplace while Kosama is the upstart. Both appear…

One of the provisions in most franchise agreements is a provision that requires the selling franchisee to pay a transfer fee to the franchisor. This transfer fee is sometimes $10,000 or more. I have represented a number of prospective franchisees that are buying an existing franchise location. In almost every instance the seller expects the buyer to pay for this transfer fee.

In drafting noncompete agreements, employers and their lawyers often drafting language that prohibits a former employee from soliciting the customers or clients of the employer. The problem is this language often does not go far enough to protect the former employer.

This scenario occurred in a recent case we handled for an employee. He was…

I am really pleased to report that we have made significant progress on Brick Gentry’s legal Webinars. We hope to have them up and running within the next couple of months. My first Webinar will be on franchise due dligence. 

Keep a look out for our new Brick Gentry Web site developed by CreateWowMarketing.

On March 23, 2010, President Barack Obama signed the Patient Protection and Affordable Care Act (“PPACA”), as amended by the Health Care and Education Reconciliation Act of 2010 into law. This new law changes the provision of healthcare in the United States more than any recent legislation. The impact and implementation of this new law will take…

I am looking forward to speaking on June 9th at the PorticoHR Social Media & Human Resources Seminar. Should be a fun panel with pulic relations and social media strategist Claire Celsi and Sam Mandolfo of LinkedIn also speaking.

PorticoHR is a provider of temporary and direct-hire staffing in Central Iowa. It is owned by Katie Roth who…