2009 October | Des Moines Business Lawyer

The legal implications of a business formation

Posted on October 30th, 2009 No Comments

When people decide to form a business, then they should consider some important legal implications. One of the most important is the issue of limited liability.

Under some types of entities, owners of the business have limited liability. This means that their personal assets are likely protected against business creditors. Such entities include corporations, whereby the shareholders are protected against creditor's calls on debt.

If you or anyone you know is considering forming a buisness, contact the Des Moines business lawyers of LaMarca & Landry, P.C., at 877-327-2600.

The ins and outs of issuing convertible debt

Posted on October 26th, 2009 No Comments

In order to raise capital, companies often issue debt instruments known as convertible bonds. These types of bonds are different from typical bonds because the bondholder can convert the bonds into stocks according to the bond terms.

The terms are set when the bonds are issued. They will usually detail when and at what price the bond can be converted. Because these bonds include a beneficial provision to bondholders, they are often sold at a premium.

Bondholders will typically not convert the bonds unless the market price for the stock rises above the conversion price. When this occurs, the bondholders can trade in the bonds for stocks and potentially sell the stocks for a profit.

If you or anyone you know has questions about the legal aspects of issuing debt, contact the Des Moines business lawyers of LaMarca & Landry, P.C., at 877-327-2600.

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Choosing the right type of entity when forming a business

Posted on October 22nd, 2009 No Comments

When an individual or group of people decide to start a business, one important decision is choosing a business entity type. Making the right choice at the outset is necessary because it is difficult to change a business entity type after the business has been formed.

The most common types of business entities include S-corps, C-corps, limited liability companie, limited liability partnerships, general partnerships, and sole proprietorships. Each entity type has different advantages and disadvantages, depending on the facts and circumstances of the business.

Each entity has different implications for the financial, accounting, tax, and legal implications of the firm. For instance, in some types of partnerships, the personal assets of general partners may be used to pay off outstanding debt. However, in most types of corporations, the shareholders' personal assets are protected from debt collectors.

If you are considering forming a business and unsure which type of business entity is best for you, contact the Des Moines business formation lawyers of LaMarca & Landry, P.C., at 877-327-2600.

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Business owners' options for collecting debts

Posted on October 19th, 2009 No Comments

When customers fail to repay debts, business owners have a number of options to collect this debt. Some of these options can be handled outside of court while others require a judge's involvement.

Business owners who regularly offer credit to customers typically apply two strategies before going to court. One, they will contact the customers and demand debt repayments. If the customer refuses, business owners can hand the collection over to a debt collection agency.

If the two non-court strategies fail, then the business owner can initiate a reply-in or attachment action through the court. If these options do not work, then business owners typically will file a lawsuit, which could be expensive for both the creditor and debtor.

If you are a business owner and are seeking legal remedies for collecting debts, contact the Iowa business lawyers of LaMarca & Landry, P.C., at 877-327-2600.

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The various types of patents

Posted on October 12th, 2009 No Comments

Businesses face important decisions regarding the protection of their intellectual property. The most common types of intellectual property protection are trademarks, copyrights, trade secrets, and patents.

However, even within patents, there are multiple types. These include design patents, plant patents, utility patents, and business method patents. Understanding their differences is necessary for any business that wants to register for a patent with the U.S. Patent and Trademark Office.

If you have any questions regarding which type of patent protection is best for your business, contact the Iowa business lawyers of LaMarca & Landry, P.C., at 877-327-2600.

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How to detect trade libel

Posted on October 8th, 2009 No Comments

In the attempt to ward off competition, company's sometimes commit trade libel. Trade libel is the act of spreading false information about a company's products or services. While such a strategy might improve a competing company's sales in the short term, it could be damaging in the long term because the practice is illegal.

When a company suspects that trade libel has occurred, it must first show that another company has published damaging claims. It then must prove that the claims are untrue on the basis of fact. Finally, if a company can prove all of this, then it must show that the information has led to economic losses.

If your business suspects that a competing company has committed trade libel, contact the Iowa business lawyers of LaMarca & Landry, P.C., at 877-327-2600.

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T8Design, Cash Grain Bids form partnership

Posted on October 5th, 2009 No Comments

T8Design formed a partnership with Cash Grain Bids Monday. The partnership will allow the web development, management, and hosting services provider to provide these services for the Montana-based cash grain market intelligence source.

The new services will first be implemented with Pilot Grove Savings Bank, according to a press release from BusinessWire. The implementation will include a system that will report local cash grain market prices. These prices will be available to all bank customers, giving the bank a competitive advantage in attracting grain producers.

If your business is considering a partnership and needs help understanding the legal implications, contact the Des Moines business lawyers of LaMarca & Landry at 877-327-2600.

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How antitrust laws protect consumers

Posted on October 2nd, 2009 No Comments

As companies grow in size and begin to dominate the market, they may come up against antitrust laws. These laws are meant to protect consumers from large businesses that may monopolize markets.

Such monopolies are disadvantageous to consumers because the large businesses can charge unfair prices for goods and services. One of the common signs of a monopoly is when a large business begins acquiring its smaller competitors.

If your company is in an industry with a monopolizing business, contact the Iowa business attorneys of LaMarca & Landry, P.C., at 877-327-2600.

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