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There has been a lot of talk lately about “do-it-yourself” lawyering (e.g., LegalZoom) and lawyers offering traditional services at deeply discounted rates. I think the old addage ”You get what you pay for” applies to these situations. While parties may consider many contract terms harmless and believe their agreements accurately represent their intent, having an experienced Kansas or Missouri business attorney review an agreement can pay huge dividends. Nevertheless, many individuals and companies still fail to consult an experienced attorney. In a recent Missouri court of appeals  decision, one party learned the harsh reality of a poorly drafted contract.
In this case, Clean The Uniform Company St. Louis (“Supplier”) and Magic Touch Cleaning, Inc. (“Customer”) entered into a three-year rental service agreement whereby the Supplier would supply certain cleaning supplies to the Customer. The agreement provided that if the Customer terminated the agreement early, the Supplier would be entitled to certain liquidated damages. The agreement also provided, however, that the Customer could suspend the agreement without penalty ”in the event of interruption of service due to strikes, lockouts, and causes beyond Customer’s or Supplier’s control that affect Customer’s or Supplier’s business.” (emphasis added). [continue reading]
 In his State of the University address this morning, MU President Gary Forsee announced the the University of Missouri will be setting aside $5 million to help new Missouri businesses. The program will be administered through the university’s Enterprise Investment Program. The funds will be distributed over the next three years, and the first award is expected in the fall. While the specifics of the program were not completely revealed, Forsee stated that the funds will go to start-ups that meet certain requirements, such as using MU technology and locating in the state. Forsee did make it clear, however, that the start-ups will not have to come from one of the university campuses.
An experienced business attorney can help you apply for start-up funds such as these.
– ksmolawyer
Under Missouri law, any person or entity that does business under a name other than the name in its official corporate filings must register this ficitious name with the state. This fictitious name is sometimes referred to as a “doing business as” of “d/b/a” name.
For the first time ever, Missouri companies must file a renewal registration for fictitious names. For names registered before August 29, 2004, the person or entity must file a renewal registration by August 28, 2009. If the person or entity fails to file this renewal, the registration will expire and the person or entity will not be able to legally conduct business in Missouri using the fictitious name. Original registrations filed after August 29, 2004 must be renewed within five years of the filing date. Renewal registration may be done online and costs seven dollars.
Registering a fictitious name, however, does not give the person or entity exclusive rights to the name.
– ksmolawyer
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