Opening statements in the Iowa consumer class action case against Microsoft begin November 30, 2006. Several readers each day have been hitting this blog reading posts relating to the case. To make it easier for readers I have added a Microsoft Iowa Litigation category on the right side of the blog. This should make it
Business Litigation
The Secret of Negotiation: Care Less, Get More
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…
How to Hire an Iowa Business Attorney
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 Sale Agreements: Buyer Knows Seller’s Representations are Inaccurate
By Rush Nigut on
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…
Drafting Non-Compete Agreements in Iowa
By Rush Nigut on
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…
Iowa Microsoft Case Update
By Rush Nigut on
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…
California Case Provides Immunity for the Online Content of Others
By Rush Nigut on
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
…
Set Up Corporation or LLC Before Buying Franchise
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…
Seller Beware! Litigation Traps of Selling a Business
By Rush Nigut on
Most people have heard of "buyer beware" but anyone selling their business would be wise to think "seller beware". When someone decides to sell their business they naturally want to find a buyer as quickly as possible for the highest possible price. But business owners and advisors should take care to avoid litigation traps in…
Business to Business Litigation on the Rise
By Rush Nigut on
Posted in Business Law, Business Litigation
North Carolina business litigation attorney, Thomas Kerner, has an excellent post about the rise in business to business contract litigation. Kerner says this is happening for two main reasons. First, many businesses do not use lawyers to draft their contracts. Second, many businesses often rely on form contracts that are outdated.
Kerner provides some…