A Des Moines Business Record article discussed the growing number of franchises in Iowa. The article also discusses some of the pros and cons of franchising. A critic of franching described it as "indentured servitude by contract". He stated that some franchisees have a tough time continuing in the business after the end of the
Rush Nigut
Rush Nigut is a shareholder with the Brick Gentry Law Firm in West Des Moines, Iowa. His practice includes both transactional and litigation matters including franchising and business law. Rush started his legal blog, Rush on Business, in 2006. He has been quoted or referenced by hundreds of other blogs, websites, and publications. He also is the editor of the Brick Gentry Trial Team blog and can help you identify the most qualified lawyer at Brick Gentry to handle your case. Our lawyers have a breadth of trial experience in personal injury, employment discrimination, business litigation, IP law, and class action cases.
SPAMMER REINVENTS HIMSELF: MOVIE TO FOLLOW?
SPAMMER TO REINVENT HIMSELF: MOVIE TO FOLLOW?
I recently read an article about the The State of Texas and Microsoft filing a lawsuit against one of the world’s worst purveyors of spam, Ryan Pitylak. Pitylak apparently admitted to sending out 25 million spam emails a day at the height of his business operation. Pitylak was…
BIG BROTHER IS WATCHING
BIG BROTHER IS WATCHING
Tech companies are getting ready for a big fight. The Bush administration is calling for Internet and telephone companies to keep detailed records of customers’ online activities for a period of at least two years. Frankly, that is scary.
The government wants more than just terrorism and child porn searches. According…
BUYING AN IOWA FRANCHISE: SHOULD YOU HIRE A LAWYER EVEN IF THE FRANCHISE AGREEMENT IS NOT NEGOTIABLE?
It is a common misperception that franchise agreements are not negotiable. Often the franchisor will negotiate on certain terms and conditions. You may, however, run into a franchisor who will not negotiate the terms and conditions of its agreement. Is those instances should you still hire a lawyer to review the agreement? The answer is…
DES MOINES UTILITY FRANCHISE TAX CASE HEADED TO TRIAL
DES MOINES UTILITY FRANCHISE TAX CASE HEADED TO TRIAL
Last week, the Iowa Supreme Court reversed a lower court ruling on a franchise tax issued by the City of Des Moines on utilities. Des Moines had been sued in District Court by Lisa Kragnes seeking to declare the utility franchise tax illegal. She won in…
FACTORS IN FORMING YOUR IOWA BUSINESS
FACTORS IN FORMING YOUR IOWA BUSINESS
You are considering forming an Iowa small business. What type of business structure should you choose? In Iowa, your choices generally are a sole proprietorship, S corporation, C corporation, or a limited liability company.
Some of the factors to consider in choosing a business structure are:
1) Personal liability…
Importance of Trademarks
Importance of Trademarks
Des Moines Iowa patent and trademark attorney Brett Trout recently wrote three good articles on the importance of trademarks. With the Internet, even the smallest of companies should become familar with trademark issues in order to protect their business names and logos.
Go to http://blog.bretttrout.com for more information.
Buying a Franchise in Iowa: Franchise UFOC and Agreement Review
Are you looking to purchase a franchise business in Iowa? If so, you should consider having the Franchise Uniform Offering Circular and Franchise Agreement reviewed by an attorney to make sure the documents comply with applicable federal and state laws. There are a number of specific Iowa law provisions relating to transfers, jurisdiction, application of…
ASSET PROTECTION IS NOT JUST FOR THE RICH
ASSET PROTECTION IS NOT JUST FOR THE RICH
There is a often a misperception that asset protection is only for rich. This is not the case. Every business owner should give consideration to asset protection. In fact, asset protection strategies are generally inexpensive compared to the potential liability.
The best time to consider asset protection…
RULES OF BUYING A BUSINESS: RULE NO. 3 – WRITE A CAREFUL OFFER
RULES OF BUYING A BUSINESS: RULE NO. 3: WRITE A CAREFUL OFFER
Once you have decided to move forward with buying a business you should write a careful offer. First, I recommend you consult a lawyer to assist you in writing the offer. The cost is often not as much as people might imagine and…