Category Archives: Franchise Law

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Franchise Attorneys Discuss Buying a Franchise

I had the distinct pleasure of being interviewed by Joel Libava (aka “The Franchise King”) for his exclusive article on buying a franchise. It was a fascinating article for me as well because Joel interviewed fellow franchise lawyers Charles Internacola and Josh Brown. They really had some great insights you won’t want to miss. If you … Continue Reading

What if Franchisors Did Not Terminate Franchisees for Poor Performance?

I recently saw an interesting TED talk on how to be a great leader from Simon Sinek. In the talk he told a story about a business owner who refuses to fire any employees for poor performance. Instead, the company coaches their employees to perform better. Imagine if franchise operations followed the same philosophy and … Continue Reading

Assault on Iowa Courts Should Worry Everyone

A year ago I joked that I didn’t know the governor (Branstad at the time) and the legislature could cut another $7.7 million from our judiciary. While my comment was tongue-in-cheek, my worries were not. Our Iowa judiciary is facing challenges like we have never seen before. And it’s showing.  The US Institute for Legal Reform … Continue Reading

Starting a Business in Iowa: Do I Really Need a Lawyer?

You want to start a business in Iowa.  Do you really need a lawyer? My answer may surprise you. Absolutely not! Every day, many entrepreneurs do exactly that by using online incorporation kits.  There is definitely a segment of the market these incorporation companies serve. The most obvious motivating factor for setting up a corporation … Continue Reading

Thinking of Starting a Restaurant in Des Moines? Look at the Market Trends

The restaurant business is a tough business. One of my friends was a banker. As a general rule, he would not loan to restaurants. Why? Because as a general rule the failure rate for restaurants is higher than most businesses. Recently there have been several restaurant closings in the Des Moines area that has spurred … Continue Reading

Iowa Secretary of State Increases Corporate Biennial Report Fees Beginning 2018

As my clients probably noticed this year, the Iowa Secretary of State increased the corporate biennial report fees for Iowa Corporations in 2018 from $30 for online filing to $45. Iowa LLCs will have the same increase in 2019. My understanding is that the increased fees is an effort to pay for business technology upgrades. … Continue Reading

KEY LESSONS OUT OF THE SHARK TANK WITH BARBARA CORCORAN

The #DSMUSA business community had the distinct opportunity to listen to Barbara Corcoran of Shark Tank fame at their Annual Greater Des Moines Partnership Dinner. For me, the talk was extremely insightful and also confirmed many of the lessons I have tried to teach on this blog and to clients over the years. I have … Continue Reading

Franchise King Shares Top Franchise Trends and Predictions for 2018

For this week’s franchise post I thought I would share an interesting article from Joel Libava a/k/a “The Franchise King”. Joel recently wrote his Top Franchise Trends and Predictions for 2018. It is really an insightful look at the industry and a good read for franchisors and prospective franchisees alike. One of the more interesting … Continue Reading

Starting a Franchise Company? Have Systems and Investment Capital in Place

I have received a number of calls recently about starting a franchise operation. On the one hand, it is awesome because the interest in franchising among Iowa business owners definitely seems to be growing. But on the other hand, most of these business owners are not ready to begin the leap into franchising just yet. … Continue Reading

Sexual Harassment Claims will Continue to Climb in 2018

2017 was a watershed year for the publicity of sexual harassment claims. Time Magazine even named its “Person of the Year” as the Silence Breakers. Business owners should expect those claims to become even more prominent in 2018 as the masses, not just celebrities, begin to break their silence as well. Just yesterday, I saw … Continue Reading

Protect Your Confidential Business Information

I often see cases involving the theft of confidential business information by former employees. Attorney Eric Roth has some helpful tips in a recent blog post on how to deal with the problem. The main take away reminder in my opinion is to take action to protect your trade secrets BEFORE it becomes a problem. … Continue Reading

Iowa Governor Branstad to Cut $7.7 Million from Judiciary Budget

Governor Branstad announced his proposed budget yesterday with $110 million in cuts. This includes $7.7 million in budget cuts for the judiciary. The budget cuts in the judiciary are alarming. Today, Chief Justice Mark Cady will give his state of the judiciary address. It will be interesting to hear his comments based upon the fact … Continue Reading

Best Lawyers in America® Recognition for Brick Gentry Lawyers

Several Brick Gentry lawyers were recently recognized by Best Lawyers in America® for 2016-2017. See the full article here. Rush Nigut was named one of the Best Lawyers in America® in three categories including: Business Organizations (including LLCs and Partnerships) (Firm receiving a Tier I rating); Closely Held Companies and Family Business Law Franchise Law … Continue Reading

Investigate Franchises Carefully Before Investing or Buying

In the Des Moines Register today there is an article about a food truck franchiser that allegedly got cross-wise with investors and franchisees. The article shows just how critical it is to perform due diligence when it relates to franchises (or any other business opportunity). I have a number of posts available I have written … Continue Reading

How Do Presidential Candidates Stack Up on Small Business Issues?

I normally try to avoid political issues and discussion because really it does me no good. I am sure to tick someone off because I have clients who are on both sides of the aisle and some that are not political at all. But since the Iowa Caucuses enjoy first-in-the-nation status, I’ve decided to join … Continue Reading

Should Non-Compete Agreements Be Enforceable in Iowa?

People often mistakenly believe that non-compete agreements are not enforceable in Iowa. Sometimes people think that because Iowa is a “right to work” state that means non-competes are not valid or other times people may have “heard” non-competes aren’t valid. Neither is correct. Non-competes in Iowa are enforceable in Iowa under appropriate circumstances. But recently I … Continue Reading

2016 Brings 10th Anniversary of Rush on Business

This coming year will be the 10th anniversary of Rush on Business. When I first started the blog I wrote articles 5-6 times per week, worried about my search rankings constantly and did everything I could to get my articles linked with other blogs. I have been one of the fortunate ones in the blogging … Continue Reading

Square One DSM Luncheon Features Mike Colwell

Typically you will find the Executive Director of Entrepreneurial Initiatives for the Greater Des Moines Partnership asking the questions at entrepreneur luncheons.  But this time Mike Colwell will be the one on the hot seat. This will be a great luncheon discussion as Mike will be interviewed by Tej Dhawan (an accomplished entrepreneur and community leader in … Continue Reading

Successful Franchises Continue to Evolve

I found this article from Entrepreneur Magazine interesting regarding several franchises that are now offering delivery (some franchise on this list and others do not). The most successful franchises are continually evolving and adapting their concepts to meet consumer demands. What about your franchisor? Are they evolving and adapting?… Continue Reading

Women-Owned Business Grants

I am often asked about business grants for women and minorities. In my experience these grants can be difficult to come by but they do exist. Here is an article from Entrepreneur discussing grants for women-owned businesses and also a link to the Targeted Small Business site with the Iowa Department of Economic Development.… Continue Reading
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