The Pennsylvania Employment Law Blog posts on how Lockheed’s failure to take discrimination complaints seriously led to liability. 

Want to know how to avoid employment lawsuits?  See one of my more popular posts: 

 Seven ways to avoid employment lawsuits. 

If you are looking at a franchise opportunity perhaps you should beware if your prospective franchisor says the following:

  1. You don’t need a lawyer to review the agreement. 
  2. I would prefer you don’t talk with the other franchisees.  You should only talk with me.
  3. We won’t negotiate any terms.
  4. Trust us, we can’t (and won’t) change the agreement but we won’t really hold you to that provision anyway.

Like many people you may be considering an investment of your retirement savings in a franchise.  You owe it to yourself to do the best job possible investigating that franchise and performing the most due diligence possible.  That includes hiring franchisee counsel to review the franchise agreement and disclosure document and talking with as many franchisees as possible.  Some franchisors won’t negotiate but many will consider your needs.  And never, I mean NEVER, believe the franchisor that tells you they won’t hold you to the terms of their written agreement.  You can be assured that the franchisor’s lawyer in any lawsuit will never acknowledge that statement was ever made and most franchise agreements are written so that any such statement could not be used as evidence anyway.

Trust your gut.  Don’t believe the hype.  Be willing to walk.

photo on flickr by Picture Perfect Pose.

Roger Clemens has sued his former trainer for defamation in an attempt to regain his Hall of Fame reputation.  The WSJ Law Blog has a great story on the lawsuit.

The interesting question will be whether the trainer will file a counterclaim for defamation.  Why not?  McNamee now has to protect his reputation and Clemens has the deeper pockets.  At this point McNamee won’t have anything to lose either.  Public opinion for baseball players after the Mitchell Report is perhaps only a little higher than the public’s views of lawyers.

See my thoughts on the Mitchell Report here.

Photo on flickr by dethtrip99

Iowa trial lawyer Joe Gunderson was featured this past week during the Iowa Caucus on the Wall Street Journal Law Blog.   Joe had the following comments regarding what it’s like to have Iowa in the national spotlight:

It’s fabulous because we get a rejuvenated civics lesson every four years. Our newspapers for the past few months have been filled with the political process and the issues of the day. The candidates get asked questions in Osceola about the Iraq war. In Orange City, they get asked about ethanol. In Fort Madison, they get asked about Social Security and Medicare. Just this morning, I was driving in downtown Des Moines and there were college students standing outside, underdressed in 10 degree weather, smiling and waving Obama signs. How could you be cynical about politics when you see that in the morning while driving to work.

It was kind of funny that the Law Blog expressed surprise Gunderson was a trial lawyer AND chaired President Bush’s Iowa campaign.  Only in Iowa, right?  Republican trial lawyers and Democrat defense lawyers like Gordon Fischer.   On the Iowa lawyer-advisor side, Joe mentioned Iowa lawyers Doug Gross (Romney) and Jerry Crawford (Clinton) in the story but apparently forgot about the younger Fischer and his advisor role on the Obama campaign.  Gordon accurately projected the huge turnout, which no one expected other than Ann Selzer, and helped lead the Obama campaign to victory. 

There’s change happening here in Iowa too.

Is your business in need of a buy-sell agreement?  Don’t know how to get started? 

An excellent resource worth considering is a book from Z. Christopher Mercer called Buy-Sell Agreements:  Ticking Time Bombs or Reasonable Solutions?   A blog post from Mercer worth reading also raises an excellent point regarding buy-sell agreements:

If you are in the process of creating a buy-sell agreement, be sure that the document actually reflects the agreement of the parties to the critical business and valuation issues that relate to the particular situation.  If you have an existing buy sell agreement, review it to insure that it reflects agreement of the parties on key business and valuation issues that currently pertain to your situation (and not to the situation fifteen years ago when you first signed it!).  In both cases, be sure through review by competent legal counsel, that the agreement appropriately considers legal issues that pertain to your situation.

Seems like common sense but I recently learned of a situation where two owners had drafted their own agreement. (Kudos for at least recognizing the need for it).  The owners agreed upon a valuation.  The problem that arose is that neither owner really understood the valuation they had agreed upon and as their business progressed the valuation did not reflect the realities of their business.  The failure to review and implement an agreement with competent counsel has now resulted in litigation. 

It’s also wise to get advice from an accountant or other business valuation expert when creating the buy-sell agreement.  A team approach is often very helpful.

 

Today is the day.  The Iowa caucus is finally here.  I saw this report fromYahoo that approximately 2.75 million Iowans won’t caucus today.  That means only approximately 10 percent  (or less) of Iowans are expected to caucus.  Let’s hope we blow that figure away.

I was a little surprised when one of my friends told me he would not be participating in the caucus.  He thinks his vote doesn’t matter.  Hogwash!  When I hear things like that my blood boils.

Recent elections for President have demonstrated that every vote counts.  If the electorate doesn’t turn out we most assuredly get the government we deserve.  Do yourself a favor and exercise your vote.  By this November it may be too late.

P.S.  I will get back to business law very soon but first things first.

 

Tomorrow is the Iowa caucus.  As my friend Michael Libbie pointed out in a recent comment on this blog, we are so lucky here in Iowa.  We get to meet the candidates, ask questions and receive hundreds and hundreds of phone calls.  (Well, two out of three isn’t bad).

Caucus locations and information for Democrats can be found at www.iowafirstcaucus.org.

Caucus locations and information for Republicans can be found here. 

I encourage all Iowans to participate.  If you are in Precinct 70 in Des Moines, I’ll see you there.

The Iowa Caucus is this Thursday, January 3rd.  The national media has descended upon us and at least one of my restaurant clients I talked with recently is extremely thankful.  Yesterday, I featured the Democratic candidates and today it’s the Republican candidates.  Again, my intent is not to endorse any particular candidate but rather provide a little bit of commentary based upon my observations in the neighborhood. 

Rudy Giuliani – battle tested and has demonstrated his leadership abilities after the terrorist attacks in New York City.  Believes in low taxes and small government.  His stance on abortion and gay rights is opposite the typical Republican.  Personal life is messy.  The fact he campaigned less in Iowa than other candidates will likely hurt his chances for a caucus victory.  See video here.

Mike Huckabee – I first learned about him when he participated in the Little Rock marathon with Iowa’s former Governor, Tom Vilsack.  And he hasn’t stopped running since.  The time he has spent in Iowa has been worthwhile as he has thrust himself toward the top of the polls.  His down home fits well with Iowa voters.  His race with Mitt Romney has turned ugly at times but Huckabee has done more to help himself than any other candidate in Iowa.  See video here.

John McCain – Des Moines Register endorsement was a big shot in the arm for a campaign that seemed on life support a few months ago.  Iowa and McCain have never truly loved one another perhaps in part because his opposition against ethanol subsidies.  (I doubt he liked our indoor rain forest either).  McCain appeals to Independents and Democrats and could be a tough contender if he were actually to get the nomination.  His experience and public service are second to none.  See video here.

Ron Paul – Probably has the most vocal and ardent supporters of any candidate.  He is not just in favor of smaller government – he is anti-government.  One supporter I know has decided to caucus for the first time to support Ron Paul.  Paul opposed the Iraq war from the start and wants to end the IRS.  Has enjoyed an incredible fund raising effort over the Internet.  See video here.

Mitt Romney –  Earned front runner status in Iowa early.  Incredibly successful in business and managed to turn around the Olympics.  Recently has been dogged by changing positions on social issues.  His speech on his religion did not seem to be particuarly helpful.  Has spent a ton of time in Iowa and second place finish to Huckabee could spell trouble for his campaign.  See video here.

Fred Thompson – entered race later than other contenders.  Conservative and a former actor.  (Sound like anyone else?)  Believes in limited federal government, strong local government and low taxes.  Just doesn’t seem to have picked up steam in Iowa.  See video here. 

 

 

Yesterday I received five phone calls and four knocks at the door from several campaigns that are pulling out all the stops to win the Iowa caucus.  With the caucus coming up this Thursday, January 3rd, I wanted to highlight all the major candidates with some video footage of speeches.  Today I will feature the Democrats and tomorrow I will feature the Republicans.  I have added a little bit of commentary on what I observe in my own neighborhood but I am not endorsing any particular candidate. 

Joe Biden – Not considered by many to have a chance but has picked up some key endorsements in my neighborhood – including some republicans.  His affinity for foreign affairs and experience are his biggest assets. View video here.

Hillary Clinton – Either you love her or you don’t.  Some in my neighborhood are concerned about her electability in a general election.  If nominated, will it just drudge up the same old issues that haunted Bill Clinton’s presidency?  She has tremendous political skills and has some major political endorsements in Iowa.  Leading national polls but Iowa is more of a struggle.  Still running neck and neck with Edwards and Obama.  View video here.

Chris Dodd – His daughter spent the last couple of months in my son’s kindergarten class.  An extremely personable and likeable guy.  (I doubt Connecticut voters appreciated the move to Iowa but I admire someone that puts his family first).  Long on experience (33 years in Washington) but short on momentum.  Worked to enact Family and Medical Leave Act.  A class act.  View video here.

John Edwards – probably has the most momentum right now of any democratic candidate.  Spoke to a huge crowd at East High School the other night.  While the polls are extremely close he appears to be gaining and moved ahead in certain polls.  Populist message appears to be resonating with Iowa voters.  Needs a victory in Iowa to continue on.  Those I talk with doubt that second place will be good enough this time.  View video here.

Barack Obama – Has given two of the best speeches of any candidate during the entire campaign.  His inspirational message of hope and change makes him a force to be reckoned with in the caucus.  Position that he was against Iraq war from the beginning sets him a part from the other candidates.  In a virtual tie with Edwards and Clinton for the lead.  Very charismatic.  View video here.

Bill Richardson – A substantial resume and a charming person.  I am not hearing a lot about him.  Vows to bring troops home now. A finish behind Biden or Dodd could spell doom for this campaign.  View video here.

Tomorrow:  The Republicans.