Latest from Risky Business

OSHA News Release The novel coronavirus (officially called COVID-19) is believed to spread from person-to-person, primarily through respiratory droplets produced when an infected person coughs or sneezes. The virus is also believed to spread by people touching a surface or object and then touching one’s mouth, nose, or possibly the eyes.…
Earlier this week, Nebraska enacted the Nebraska Hemp Farming Act, which allows the Nebraska Department of Agriculture (NDA) to regulate the growing, cultivation, processing, and brokering of industrial hemp.   Starting, Monday February 3, 2020, the NDA will be accepting applications for licenses to allow Nebraskans to grow and deal with hemp.  Specifically, there are separate licenses for the growing and cultivation, as well as the handling of hemp.…
Many drivers and fleet owners are now considering buying electric vehicles.  However, the cost to replace the battery can be cost prohibitive.  For example, a new battery pack for a Chevrolet Bolt Electric Vehicle (“EV”) is reportedly priced well in excess of $15,000.  However, if it’s properly cared for, an electric car’s battery pack should last for well in excess of 100,000 miles before its range becomes restricted. Consumer Reports estimates the average EV battery pack’s…
In November 2018, Missouri passed a Constitutional Amendment allowing medical marijuana. The deadline to submit an application to assist as a transportation, testing, cultivation, dispensary, or manufacturing facility was August 19, 2019.  The Missouri Department of Health and Senior Services (DHSS) is required to approve or deny applications by January 16, 2020.…
Several states that the Goosmann Law Firm attorneys practice in have enacted statutes allowing medical marijuana. A few of those are Missouri, North Dakota, and Minnesota. These statutes allowing medical marijuana are technically in conflict with federal law.  There has been an add-on to federal spending bills called the Rohrabacher-Farr amendment which prohibits the Justice Department from spending funds to interfere with the implementation of state medical cannabis laws. …
Many startups are “bootstrapped” which means the founders are using their own cash to fund operations.  In that scenario, equity in the company can be used to pay for some services and cover some needs.  Many founders automatically create a static split among the group, without considering that the contributions of the founders will undoubtably be different.  The “slicing pie” approach set out in the Slicing Pie book by Mike Moyer. …
When a business is sold, the buyer expects that they will have the benefit of their bargain.  They do not want the seller to be able to set up another identical business next-door. Nebraska courts are traditionally very hesitant to enforce non-compete agreements, especially for employees who leave a company.  Individuals are entitled to make a living.  And, restrictions cannot be found to violate public policy.  However, courts are more likely to enforce restrictions in…
Many states, including Nebraska and South Dakota have registration or filing requirements for franchises.  Businesses may not realize that their business model could be considered a franchise in some states.  If a court finds that your business is a franchise, you may be prohibited from ending your business’ relationship with a customer.…