Beginning an entertainment business or making changes and enhancements to your existing business is both exciting and a major commitment. Much work goes into owning and operating a business in Montana, especially if alcohol consumption or gambling occurs at your business. Specific regulations address liquor and gambling in the state of Montana, and because they are strict, it can become a taxing and complex process to open a business where gambling is allowed, or alcohol is served. Thus, it is important to understand your rights as a business owner and what steps are required to successfully m ..read more

An easement allows a person to use another person’s land for a specific purpose. Often, the property owner gives this right to the other person, such as allowing them to access the property, use a portion of the property or to have a right of way across the property. If the easement is not used according to its intended purpose, it can cause a dispute. Types of easements There are several types of easements that are useful to understand. An express easement is created by the parties and outlined in a written agreement. An implied easement is often based on the property’s prior use or by necess ..read more

A partnership can be a great business structure to get your business off the ground, give you the expertise that you need, and limit your liability while maximizing your profits. However, since this business structure requires you to share control over your business with your partners, there’s bound to be disputes along the way. If they’re improperly handled, then the viability of your business could be jeopardized. Although many partnership disputes can be addressed either informally or through mediation without the need for contentious litigation, in an ideal world you’d be able to head off ..read more

When you read about a trademark dispute in the news, it’s usually a story about a major corporation whose brand names are household words, and who demand tens of millions of dollars in damages. However, trademark disputes often involve one or more smaller companies, with much lower amounts of money on the line. Still, for a smaller company working on a tight margin, one of these disputes can pose a serious threat. Coffee battle Two Montana coffee companies have been engaged in a trademark dispute for more than a year. According to a recent news report, Montana Coffee Traders, based in Whitefis ..read more

An estate plan is a great way to manage your assets and ensure stability for your loved ones after you pass away. An estate plan can also let your loved ones know what you want done if you become incapacitated. Many people believe an estate plan means having a will, but a full and complete estate plan often includes several additional documents. Your will and what it does A will is still an important part of an estate plan. Your will identifies your assets and declares who they should be distributed to upon your death. If you pass away without a will, your assets are distributed according to M ..read more

Business bankruptcy can provide important protections when market changes suddenly put a business in financial distress. Earlier this fall, a Montana freight brokerage and trucking company shut down operations and filed for bankruptcy. Meadow Lark, which was headquartered  in Billings, said it had assets of up to $50 million and liabilities of up to $10 million with as many as 5,000 creditors. It’s not uncommon for companies to go out of business, particularly in a relatively risky industry such as trucking. However, Meadow Lark’s story is remarkable in several ways. Intermediaries in tru ..read more

Things won’t always go as planned, you won’t see eye-to-eye with others and disagreements happen. While these are all part of life, they can be events that elevate into a legal matter. While filing a suit for a breach of contract, damaged property, the failure to comply with an existing order and the like, the thought of a complex or lengthy litigation may cause you to reconsider your actions. Although litigation is a route a legal action could take, this is not the only avenue to obtain a resolution. Alternative dispute resolutions offer ways to manage a conflict without the stress or costs a ..read more

A recent news story told of growing efforts to form a conservation easement in Montana’s Flathead County. In this blog post, we’ll take a quick look at what this means. Flathead County easement Commissioners for Flathead County recently voted to approve a conservation easement near Kalispell, in an area known as the Owen Sowerwine, taking its name from a respected conservationist who fought to protect it in the 1970s. The land sits along the banks of the Flathead and Stillwater rivers and is home to diverse wildlife and plants. The area is popular with hikers and has been designated as an “Imp ..read more

In many instances, estate planning is about providing for your loved one’s immediate needs. But if you want your wealth and your assets to have long-term implications for your family, your loved ones, and causes that you care about, then you’ll need to approach your estate plan differently. But that can be confusing to figure out if you’re unfamiliar with the estate planning process, which is why this week we want to take a closer look at what you can do to ensure the long-term viability of your wealth. How to use your estate plan to ensure the longevity of your wealth Given the detail that ca ..read more

The state of Montana has a long and rather tangled history with legalized gambling. While the specifics have changed multiple times over the decades, currently the state allows certain types of gambling, but only under tightly regulated conditions. Many small businesses in the state rely on gambling to bring in much-needed income, and they do their best to comply with all regulations. However, they can sometimes fall afoul of the rules and find their licenses in jeopardy. The basics The Gambling Control Division is in charge of regulating all gambling in Montana, with the exception of the stat ..read more