The Iowa Supreme Court Advisory Committee on the Rules of Civil Procedure have proposed amendments to the Civil Rules of Procedure.  The proposed amendments primarily address the discovery of electronically stored information and mirror, in large part, the new federal rules concerning electronic discovery which became effective December 1, 2006.

The advisory committee will also be discussing a new Uniform Scheduling Order which will take into account the discovery of electronically stored information.

The Supreme Court Advisory Committee is currently seeking public comments.  The deadline for comments is May 1, 2007.  The email address for comments is rules.comments@jb.state.ia.us and must state "Iowa Rules of Civil Procedure" in the subject line.

As I have suggested in the past, this will make document retention policies a critical business practice for every Iowa business, large or small.

I enjoyed reading this morning in the Des Moines Register about two fellow Simpson College grads that have managed to build a successful Web site design business without incurring business debt.  Andy Priestley and Matt Mann started DWebware shortly after the dot-com bust and have grown their business steadily since that time. 

You may also want to check out their blog.  They have some helpful posts on how to improve your business online.  I thought this post on Iowans Utilizing Internet Technology was particularly interesting.

An excellent post from Shanti Atkins of the Harassment Training Blog reminds us that employment law is always changing and evolving.  What was hot 10 years ago is not necessarily hot today.  Is your training centered on trends from the past?

Shanti points out that pregnancy discrimination and national origin / race cases are on the rise.  A trend she also identifies is that the EEOC is looking for and taking cases to court that have a broad impact in the workplace.  Over the past several years the EEOC is filing between 400 to 421 cases per year.

A couple of other trends I have noticed include an increase in religious discrimination claims and recent cases make it likely employers will face a rise in retaliation claims.

For more information you should review the EEOC Enforcement Statistics and Litigation.

Some time ago I wrote about Seven Considerations Before Starting Your Business Blog.  In the post I included some sample blogging policies from several tech savvy firms.  But Jay Shepherd of Gruntled Employees blog recommends a two-word business blogging policy:

"Be professional".

Why use 59 words when two will do?  Well said, Jay.

Thanks to Small Biz Survival blog I saw an excellent article from Entrepreneur.com entitled 75 Secrets to Startup.  A portion of the article discusses whether to form a corporation or not.  It also includes information on where to form your corporation.  Many Web site articles and companies will tout Delaware or Nevada corporations.  But the reality is most small businesses are probably better off incorporating in their own state.

For more information you may want to check out my blog post "Where Should You Incorporate Your Iowa Small Business?"

blog radio

Rush on Business Podcast No. 4 is an interview with Joe Cooney of Frannet.  Joe is a franchise coach in the Iowa / Nebraska region.  Joe and I discussed several basics of buying a franchise including:

  1. What is the franchising model of business?
  2. What different types of franchises are available?
  3. What do franchises cost?
  4. What options are available for financing?
  5. How do you lay the groundwork for success?
  6. What to look for in a franchisor?
  7. How do you research franchises to find the right one for you?

Joe also provided information on a Web site service (www.fransurvey.com) where prospective franchisees download reports with information on what actual franchisees say about their franchisors.  The site looks helpful but it is still no substitute for contacting franchisees on your own when performing due diligence.  I am sure Joe would agree!

For more information or if you have questions on franchise opportunities available through Frannet, Joe Cooney can be reached at (402) 330-7306.

To listen to the podcast, click below.  (It’s free!)

Buying a Franchise Basics – BlogTalkRadio Podcast

In small retail businesses you might occasionally see a sign on the door of a business at lunch time: 

Gone for Lunch – Be Back Soon

You are unlikely to get upset when you see the sign and most people will return to the shop at a later time.  But in a jury trial things are a little different.  Believe it or not, juries apparently expect the lawyer to be present during all the phases of a trial.  (Particularly if you are watching boring video-taped depositions with lots of highly technical language that only computer geeks understand).

Anne Reed of Deliberations does a great job of breaking down one of the final events leading up to the Iowa-Microsoft trial settlement.  The fact the case settled was not surprising to me at all.  There was too much risk on both sides to let the jury make the decision.  What surprised me most was this note from a juror to the judge:

"Just wanted you to know that several of the jurors are remarking about the absence of Ms. Conlin during our videotape viewing and that [defense counsel] is here every day. They … think Ms. Conlin is probably taking vacation on those days and we don’t get vacation. And that’s not fair because it’s her fault that we’re here."

As Anne points out in her blog post, the lesson is that a trial lawyer (especially a plaintiff’s trial lawyer) must assume the jurors assume the worst.  We will never know whether the jurors would have held it against Conlin and her clients.  Of course, she could always take them to dinner to make up for it.  Oops, I guess Microsoft already beat her to it. 

A thank you dinner for jurors?  Now that is something unheard of in Iowa litigation.  There is no prohibition against it but the gesture just doesn’t sit right with many Iowa lawyers.  I don’t think jurors will actually decide cases based upon who might provide the better meal as one lawyer suggested in the Register article.  And lawyers often do speak with jurors after a case to learn about what the jury thought was important and how the jury perceived the lawyers’ presentation or certain evidence.  As one Iowa lawyer told me, "I actually think it sounds kind of nice."  Of course, she was one of those touchy-feely defense lawyer types.

On Friday afternoon, March 2, at 4:30 p.m., I am interviewing Joe Cooney of Frannet on my BlogTalkRadio Host Channel.  You can listen live or catch it later as a podcast available on this blog or BlogTalkRadio.  You can even call the program if you would like to ask a question.  The call-in number is (646) 652-4878.  Generally, we have programs on Saturday mornings but this was the only time Joe was available.  If you are interested in franchising you will want to tune in.  Joe has a lot of great information to share.  If you are unable to tune in but want to ask a question please feel free to leave a comment below and ask your question.  We will do our best to get it answered.

Joe and I will be discussing the basics of buying a franchise including:

  1. What is the franchising model of business?
  2. What different types of franchises are available?
  3. What do franchises cost?
  4. What options are available for financing?
  5. How do you lay the groundwork for success?
  6. What to look for in a franchisor?
  7. How do you research franchises to find the right one for you?

I encourage you to check out my other interviews with Adam Steen (financing entrepreneurial endeavors), Matt Ashburn (preparing a business for sale) and Brett Trout (electronic discovery and the new federal rule changes).

How many blog posts about the former Playboy playmate actually provide valuable lessons on legal issues?  Well, Matt Gardner of Sullivan & Ward, P.C., whose blog provides information on Iowa estate planning and probate, tells us why Anna Nicole Smith’s Will is not how you should plan your estate.  Matt believes there are some basic lessons we can learn from the Anna Nicole situation:

  • Periodically you should review your estate plan, especially if there are significant changes in your life. Birth of a child and/or death of child and/or marriage qualify as "biggies".
  • Use an attorney who understands estate planning and listen to any recommendations they may have for you.
  • Don’t get "cute" with your plans. You’ll only create confusion and generate work for attorneys.

Looking for more information on trusts and estates?  You may also want to check out the Ohio Trust & Estate Blog from Michael Bonasera.  One of Michael’s most recent posts is planning on the passing of personal property.  Thanks for including me on your blogroll, Michael.  Keep up the good work.

blog radio

Rush on Business Podcast No. 3 is an interview with Adam Steen of Transition Capital Management of West Des Moines, Iowa.  Transition Capital Management recently started the Society of Entrepreneurial Minded Executives (SEMEE) event in Des Moines.  I attended the last SEMEE event and believe it offers tremendous opportunities for growth companies to network with other business owners and potential investors right here in Iowa.

Listen to the podcast here. (It’s free!)  Click on my BlogTalkRadio Host Channel Page.

In this podcast Adam discusses issues such as:

  1. The SEMEE event and its value for businesses and investors in Central Iowa;
  2. Debt v. Equity Financing;
  3. Growing an enterprise business rather than just buying a job;
  4. The considerations of venture capitalists when determining whether to invest;
  5. How equity investment can work for your business;
  6. Tips on how new business owners can start and grow their business;
  7. There is more money out there in the Midwest chasing good companies than there are good companies. 

For more information on SEMEE be sure to contact Adam by email (asteen@transcm.com) or by telephone at 515-309-0142. 

Listen to the podcast here. (It’s free!)  Click on my BlogTalkRadio Host Channel Page.