Brick Gentry

Looking for a Franchise? Don’t Just Rely on the Franchise 500 and other Lists

By Rush Nigut on July 24, 2019

For the last 40 years, Entrepreneur Magazine has released its Franchise 500 List, ranking the “best” Franchises in America. They rank them based on Five Pillars: Costs & Fees, Size & Growth, Support, Brand Strength, and Financial Strength & Stability. The giants at the top aren’t much of a surprise, with McDonald’s, Dunkin’, and Taco Bell all in the top 5. Many other big names are also scattered on the list. The Franchise 500 gives…

Rush on Business

US Women’s Soccer Team and Equal Pay

By Rush Nigut on July 12, 2019

This blog post is written by Quinn Mahoney. Quinn is working as a summer clerk this year. He is an Applied and Computational Mathematics and Statistics Major at Notre Dame with a minor in Actuarial Science. In other words, he knows numbers. This past week, the U.S. Women’s National Soccer Team (“USWNT”) won their second consecutive World Cup and record fourth overall. They cemented their status as arguably the most dominant and successful soccer team…

Rush on Business

New Iowa Supreme Court Decision Helps Employers

By Rush Nigut on July 10, 2019

The Nyemaster Goode On Brief Appellate Blog has a recent article on the Iowa Supreme Court setting a new standard in employment law cases. The court’s decision should help provide employers with an additional defense in discrimination cases. The Court adopted a new standard for cases where an employee claims discrimination was a motivating factor in his or her firing, allowing the employer to offer evidence that it would have made the same decision to…

Rush on Business

Review Your Old LLC Operating Agreement: No More Tax Matters Partner

By Rush Nigut on March 5, 2019

There have been a series of changes over the past year in federal regulations that impact your old LLC operating agreement. Since I see on a regular basis operating agreements that do not incorporate the changes in the regulations, I thought I would mention a key change in this post. With the new regulations there is no longer a “tax matters partner” which you will see in most operating agreements. Instead, the LLC (partnership) must…

Rush on Business

Filing LLC and Corporations Never Easier in Iowa

By Rush Nigut on February 19, 2019

Last May we announced that we were a part of a pilot program the Iowa Secretary of State’s office launched for fast track filing of limited liability companies (LLCs) and corporations. I am happy to report that the filing system has worked like an absolute gem. Now it is truly more convenient than ever to get your business formed within the State of Iowa. Our turnaround time for preparing and filing LLCs and corporations…

Rush on Business

Iowa Lawmakers Looking to Politicize our Courts?

By Rush Nigut on February 6, 2019

Let’s get down to brass tacks. The main reason Republican lawmakers in Iowa are looking to change the way Iowa judges are selected is because they want protection for social issues like an anti-abortion bill they hope to pass this legislative session and due to the Iowa Supreme Court decision in Varnum from several years ago where the Iowa Supreme Court ruled that non-religious, civil marriage, is available to everyone. Since Varnum, special interests worked…

Rush on Business

Interesting Developments for Non-Competes and Trade Secrets

By Rush Nigut on January 29, 2019

A major area of our trial and business law practice consists of non-compete and trade secrets law. We hear all the time from people that believe Iowa is a “right to work” state so that means non-competes are not upheld under Iowa law, right? Wrong. Non-competes are upheld in cases where the scope and duration of the restrictive period is reasonably necessary to protect the employer’s interest as compared to the employee’s interest. Whether the…

Brick Gentry Trial Law Team

Interesting Developments in Trade Secret and Non-Compete Law

By Rush Nigut on January 29, 2019

A major area of our trial practice consists of trade secret and non-compete law. We hear all the time from people that believe Iowa is a “right to work” state so that means non-competes are not upheld under Iowa law, right? Wrong. Non-competes are upheld in cases where the scope and duration of the restrictive period is reasonably necessary to protect the employer’s interest as compared to the employee’s interest. Whether the non-compete will be…

Brick Gentry Trial Law Team

Cybersecurity Resources for Small Business

By Rush Nigut on November 12, 2018

The Eye of Privacy blog from Sheppard Mullin has a very helpful post for small businesses with links to the Federal Trade Commission cyber guide. The purpose of the guide which contains various modules is to help small businesses address data security threats. This is something all small business owners should have in their toolkit. Gone are the days where where the small business owner says “I don’t need to worry about that.” We’re…

Rush on Business

The Dilemma of a Start-Up Franchise

By Rush Nigut on November 12, 2018

I recently had the distinction of reviewing a franchise agreement for the very first prospective franchisee in a franchise. My review revealed there were still many issues to work out in the agreement and with the system in general to make it reasonable for the franchisee. But the potential opportunity was very intriguing to the prospective franchisee due to the financial success of the underlying business. Sometimes it is difficult to balance the legal issues…

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Looking for a Franchise? Don’t Just Rely on the Franchise 500 and other Lists

US Women’s Soccer Team and Equal Pay

New Iowa Supreme Court Decision Helps Employers

Review Your Old LLC Operating Agreement: No More Tax Matters Partner

Filing LLC and Corporations Never Easier in Iowa

Iowa Lawmakers Looking to Politicize our Courts?

Interesting Developments for Non-Competes and Trade Secrets

Interesting Developments in Trade Secret and Non-Compete Law

Cybersecurity Resources for Small Business

The Dilemma of a Start-Up Franchise

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