2010 February | Des Moines Business Lawyer

What are due diligence considerations in business purchases?

Posted on February 23rd, 2010 No Comments

When businesses make large purhcases or acquisitions, they often consider a number of factors. These factors include how the purchase will increase the firm's value over time.

Along with the financial considerations, the business must also take into account due diligence considerations. These include considering the legal risks and evaluating the other information related to the business. Some companies choose to hire attorneys to help them during this due diligence process.

If your company requires due diligence services, contact the Des Moines due diligence attorneys of LaMarca & Landry, P.C., at 877-327-2600.

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Small businesses unsure how to adapt to health care changes

Posted on February 23rd, 2010 No Comments

As Congress debates a new health care bill, many businesses are unsure how the bill will affect their company health car plans. This uncertainty has caused a number of company's to delay changing or updating their health care coverage.

If a new bill is passed, many companies, especially small businesses, will have to wrangle with decisions about how to meet new heath care rules and requirements. These changes may mean not only increased costs but also more regular litigation.

If your business has questions about its health care coverage, contact the Des Moines health care business attorneys of LaMarca & Landry, P.C., at 877-327-2600.

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Terra Industried to be acquired by Yara International

Posted on February 16th, 2010 No Comments

Terra Industries announced last week that it will be acquired by Yara International. The merger will include Yara acquiring all the outstanding shares of Terra common stock.

Once the merger is complete, Terra will be set up as a subsidiary known as Yara North America, and the company will continue to produce various nitrogen products.

If your company is considering a merger, contact the Des Moines business attorneys of LaMarca & Landry, P.C., at 877-327-2600.

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How do former employees breach non-compete agreements

Posted on February 9th, 2010 No Comments

When many individuals are employed by a company, they are often required to sign a non-compete agreement. While the terms of these agreements vary, they often require employees who later leave the company to not work for a competitor for a certain period of time.

Employees breach these non-compete agreements when they break any of the provisions outlined in the agreement. For instance, if the non-compete agreements says that the employee may not work for a competitor for at least six months, then the employee violates the agreement if he or she is employed by a competitor within six months.

However, some employees may argue that although they are employed by a competitor, they are serving a role that is non-competitive. This issue has been at the center of many legal cases.

If your company has been damaged by a breach of a non-compete agreement, contact the Des Moines breach of non-compete agreements attorneys of LaMarca & Landry, P.C., at 877-327-2600.

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Franchisee fraud in franchise agreements

Posted on February 9th, 2010 No Comments

Many large and successful companies generate their profits through a franchise organizational structure. This structure typically includes agreements between a larger corporate entity and smaller franchisees.

This arrangement is most typically found in fast-food chains, where the corporate entity manages the restaurants brand and centralized functions while franchisees manage the day-to-day operations of the business.

To ensure that franchisees maintain the image of the brand and generate earnings for the larger company, they are often required to sign a franchise agreement. This agreement typically outlines certain provisions such as the business setup and the revenue-sharing plan.

Fraud can occur in these arrangements if the franchisee illegally breaks one of the agreement's provisions. For instance, if the franchisee underrerpots earnings in order to keep more earnings for himself or herself, then the franchisee has committed a contract fraud.

If your business has been a victim of a franchise agreement fraud, contact the Des Moines business fraud attorneys of LaMarca & Landry, P.C., at 877-327-2600.

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What is an arms length transaction?

Posted on February 5th, 2010 No Comments

An arm length transaction is a transaction in which two parties exchange goods, services, or cash in a competitive market. This means that both parties must be acting in their own self interests.

Arms length transactions are often the subject of legal disputes when transactions are made between related parties. These related parties include transactions between family members and transactions between corporations and corporations' owners. In many cases, related transactions do not meet the standard of arms length because one party may be serving the interest of the other party.

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

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When is a business investment considered to be substantial?

Posted on February 2nd, 2010 No Comments

Businesses invest in other businesses for a number of reasons. In many cases, the investment is a financing decision to strengthen a company's portfolio.

In other cases, a business will make a substantial investment to gain significant influence over another company. With this influence, the company will have sway over a number of key business decisions.

When a company has this type of influence, it will often need classify the investment as an equity investment. For such investments, structuring the contracts can often be critical to a business.

If your business is considering making a significant investment in another company, contact the Iowa business investment attorneys of LaMarca & Landry, P.C., at 877-327-2600.

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