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
As New York Small Business Law blog says, "Articles on choice of business entity are a dime a dozen." But I agree this article concerning Choice of Entity from the worldwide law firm of O’Melveney & Myers is an excellent guide.
The article contains the answers to many of the frequently asked questions concerning using
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
Business.gov is the "Official Link to the U.S Government". This Web site is an excellent resource for the start-up business.
The site has many helpful areas including:
1. Business Resource Library – contains information on a variety of regulatory topics including taxes, managing and hiring employees and intellectual property;
2. Government forms search – by
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
When you go to court you are putting your fate into the hands of twelve people who weren’t smart enough to get out of jury duty. – Comedian Norm Crosby
The jury in the Iowa consumer class action case against Microsoft has been picked. (Of course, these jurors should be commended for their service
I reviewed three commercial leases this past week so this quote from Will Rogers sums up my experience:
The minute you read something and you can’t understand it, you can almost be sure that it was drawn up by a lawyer. You see, every time a lawyer writes something, he is not writing for poserity,
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
