Posts Tagged ‘Breach of Contract’

While your employees may not owe a duty of loyalty to you personally , the Wisconsin Supreme Court has held that employees do owe their employer a duty of loyalty.
In Burbank Grease Services, LLC v. Sokolowski, an employee was accused of stealing trade secrets of the Company while employed to benefit a competitor. The Court [...]

In many litigation cases, the question is not, “was there a breach”, but rather “what are my damages.” As smart business people, the decision must always be what is my likelihood of success combined with my likely award. Unfortunately, there are many times when one party is as right as rain, but if the damages [...]

The Wisconsin Law Journal brought a recent case to my attention about a man who wrote up a contract with his brother to try and cheat his now ex-wife out of some of the family assets.
The terms of the contract were that Stanley, who was thinking of getting divorced, transferred 20 acres of land [...]

In an opinion that was issued last week the Wisconsin Appellate Court upheld a circuit court decision in which the plaintiff’s were not able to sue for actual damages in a failed residential real estate transaction because they did not return the earnest money to the buyer. The court ruled that they irrevocably elected liquidated [...]

This is an issue that comes up quite often in my Business Litigation Practice. When two businesses, especially small businesses, first get together they are excited to have the service/ a new client and other than maybe a written a proposal have nothing in writing setting out the terms of the agreement.
If everything does not [...]

Everyone always wants them, very few people actually get them. There are generally three ways to get attorneys fees.
One, if they are explicitly granted as a part of a contract for which you are pursuing a breach of contract claim, if you win you will get Attorney’s fees. If you do not, you may [...]

Click the links to get to Anatomy of a Contract part 1 of 3 or part 2 of 3
In part 2 of 3 I mentioned that the “Action” part of a contract is the most important part of a contract; and it is, but mainly because of how it relates to the “insurance” part of [...]

If you missed “Anatomy of a Contract (Part 1 of 3)” click here
In that section I discussed the recitals, or as I refer to it, the “Information” part of a contract. The other two parts are “Action” and “Insurance”. In this post I am going to talk a bit about the “Action” portion of a [...]

Always a question that concerns business owners is what should be included in a contract? The short answer: everything that is needed. However, there are ways to break up drafting a contract to make it easier to know what should be included, and when it is too much and jeopardizes the deal getting done.
Even [...]