You’ve probably seen them in your contracts. Miscellaneous provisions such as choice of law, litigation venue, successors and assigns provisions, no waiver, entire understanding, or supersede clauses. They tend to always appear at the end of the contract and are almost always an afterthought by the parties. After all, those provisions don’t mean anything
Franchise Law
Trial Law: Tiger’s Loss Offers Good Lesson
By Rush Nigut on
Tiger Woods is the greatest golfer of his time. He was such a lock going into the weekend of the PGA Championship that an Irish bookmaker actually paid out the winnings on Tiger before the third round even started — oops! I’ll admit that I never could have imagined Y.E. Yang would actually pull it out for…
Repeat After Me: Get it in Writing
A recent case reported in the Des Moines Register discusses how a handshake deal on the sale of a home went awry for a man that apparently invested over $100,000 in a home – only to learn the home was not his.
Actually there was a one-line agreement in this instance which read, "I Floyd…
How Business Gets Done Hits Virtual Bookshelves
How Business Gets Done, Words of Wisdom from Central Iowa Experts has hit the virtual bookshelves at www.lulu.com. I am honored to be a contributing author with several respected peers in our business community. My chapter is on the Partnership Prenuptial where I discuss the importance of drafting a buy-sell agreement from the beginning…
Corporations and LLCs: Tips on Signing Agreements
Whether you are starting a business from scratch or buying an existing business you should consider setting up a corporation or limited liability company (LLC) before you actually sign any agreements or documents relating to your new venture. To the extent possible, avoid signing any contracts, loan agreements or leases in your personal name. In…
Importance of Employee Non-Solicitation Agreements
A few weeks ago I attended a conference relating to venture capital in Iowa. During the talk several of the panelists commented that they would not sign a non-disclosure agreement prohibiting them from discussing a potential business idea they learned about from someone seeking capital. The venture capitalists did not want potential liability for ideas that…
Blogs for Franchisees From Wall Street Journal
By Rush Nigut on
I am excited that the Wall Street Journal featured Rush on Business as one of the blogs that provide insight for would-be franchisees. One of my passions for a long time on the blog is providing information to franchisees on pre-investment due diligence. Recently I ran across a potential franchisee that was told by a…
The Franchise King: How to Research a Franchise
By Rush Nigut on
One of my favorite franchise related bloggers is Joel Libava who is affectionately known as The Franchise King. He has more franchise related blogs than possibly anyone on earth. He also has written an informative book on the steps needed to effectively research franchise opportunities.
Libava is quoted in a recent Entrepreneur article on How…
Is Buying a Fitness Franchise a Solid Investment?
By Rush Nigut on
The Des Moines Register has an interesting article on the fitness business market in Des Moines. Included in the article is a discussion on the growing number of 24/7 franchises in Des Moines. So, it begs the question, "Is buying a fitness franchise a solid investment in this market?"
I have represented a number of franchisees in the fitness industry.
Research Franchise Opportunities Carefully
By Rush Nigut on
With the recent economic downturn, layoffs have begun to occur. A potential option for many former corporate employees is franchise ownership. While franchising does offer many advantages it is critical to approach a franchise opportunity just as you should any other business opportunity – with caution.
It is a misnomer that franchises are more likely…