Business Law

How to work with a business lawyer

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When a client works with us, I think a big key for me is just communication. To make sure that they know what’s going on with their case, and they can make informed decisions. I always tell my clients that we make recommendations, they make decisions. In order for you to make decisions, you have […]

Business Law

Does negotiating in my lawsuit make me look weak?

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In a word, No. It makes you look rational. Disputes happen. When they cannot be resolved, lawsuits happen. For better or worse, they are often a necessary part of doing business. At some point, if a dispute cannot be resolved, you have to have a third-party step in, and the best format we have derived […]

Business Law

Contracts is Contracts

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Say what you mean, and mean what you say. What happens when a contract has a provision in it that one party no longer likes or wants to honor? Can it still be enforced? Generally speaking, the answer is yes in Wisconsin. The courts follow the four corners rule and will enforce the letter of […]

Business Law

What should I do if my business gets sued?

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“The biggest thing really, other than consulting with council to find out what your options are and all those types of things, is to try to solve the problem. When it comes to businesses, they’re in the business of making money, doing what it is that they do, providing the services or making the goods […]

Business Law

Can I cancel a contract because of Covid-19 in Wisconsin?

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Like many things in life, the answer to this is maybe. Depends on the facts. First, if both parties agree, of course you can. It takes two to tango, and it takes two to make or unmake a contract. Anything you can agree on, you can do. Second, your contract might already have a procedure […]

Business Law

The Blog is Back

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After a few years hiatus, I have decided to bring back the blog. I am not sure why I got away from it, as I always really enjoyed the process and in sharing information with the Milwaukee Business community. I think the reality is that I just got busy. I have been doing more and […]

Business Law

Engineering Dispute in Wisconsin

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The standard of care for engineers, and whether it has been breached comes up in all kinds of cases. We have represented clients that fabricated a part that failed and the ensuing dispute was about whether it was designed properly (engineering), fabricated properly (manufacturing), or installed properly (end user). We have also represented engineers seeking […]

Business Law

Are the goods you are importing from China subject to seizure?

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Governor Walker’s upcoming trip to China in April, 2013 is a good opportunity to remember potential issues involved in exporting and in particular, importing, from foreign countries. According to the Wisconsin Economic Development Corporation over the last decade Wisconsin Companies have exported nearly $1.4 billion in goods to China.

Business Formation

WDFI Warns of Corporate Records Service Scam

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The Wisconsin Department of Financial Institutions has said in a news release on Thursday that numerous business owners have been receiving a solicitation for information and credit card numbers to pay a fee to “Corporate Records Service.” The form comes pre-filled with very specific corporate information (available on-line) which makes it seem official. The WDFI […]

Business Formation

Do I need a license for my business in Wisconsin?

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There are a number of different regulations and licenses that a small business has to deal with. The most often overlooked is the requirement from each city for specific licensing. The State of Wisconsin requires licenses for a number of businesses from Accountants and Acupuncturists to Wild Rice Harvester and X-Ray Services. You can see […]

Business Law

The Importance of a Well Written Contract- Revisited

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I have written in the past about the importance of a well written contract, but as my litigation practice expands I am constantly reminded about how important this is. The importance of not only including all of the legal boilerplate, but also making sure the specifics of dispute resolution are ironed out is paramount. While […]

Business Law

Using Non-Compete Clauses to Add value to your business

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I just came across a really well written article about non-compete clauses, you can read it here www.saleofbusinesslawblog.com . I am a big fan of Non-compete clauses to sweeten a deal. Chances are, that if you are selling the business, it is because you are no longer going to be performing that type of work […]

Business Law

What happens when there is a mistake in the Contract?

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Even when a contract is drafted by an attorney, there can be simple clerical errors that may change the whole contract. If you had an option to purchase, and on one line the wrong date was put for that option to end, it could materially change the terms of the contract. Fortunately, or unfortunately, depending […]

Business Law

Update on Law-Suit over “Paid Sick Leave” in Milwaukee

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The latest news I have seen comes from a Wisconsin Law Journal Article on Tuesday stating that the Metropolitan Milwaukee Association of Commerce’s (MMAC) directors unanimously chose to sue the city of Milwaukee to stop the sick-leave ordinance from taking effect. You can see the article here. I am very interested to see what the […]

Business Formation

The Benefits of a Joint Venture

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There are many situations where two existing businesses, or two just starting entrepreneurs want to jointly take on an endeavor, but do not want to be so tied to each other as to be the same entity. This is where a joint venture can come in handy. It creates a legally binding relationship, and if […]

Business Law

Milwaukee Businesses Suing to stop “Sick Leave” law

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The law that was passed by referendum sets out a rule that mandates that Milwaukee Businesses provide mandatory sick leave to their employees. The rule states that employees will earn 1 hour of sick time for every 30 hours they work, with a cap of 5 days to 9 days depending on the size of […]

Business Law

Do I need a DirecTV Commercial License for my bar?

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The short answer: YES. DirecTV is cracking down on Commercial Misuse over the last year and a half, particularly misuse of NFL Sunday Ticket, resulting in huge fines. Previously DirecTV had limited its focus to just those who were using “Pirate” boxes or illegal access cards to get at its content. Now, DirecTV is unleashing […]

Business Law

Why does legal language need to be so complicated?

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This is a question that is frequently asked, or thought of, even if it is not verbalized, by my clients. The lawyerly answer is because language is an imperfect medium to describe complex thoughts, ideas, and meanings. There are vagaries to every word, and every sentence written.  However, a better way to explain it may […]

Business Formation

Difference between an Asset Purchase and a Stock Purchase

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There are two mainstream ways that Businesses go about acquiring other businesses. This is through either an Asset Purchase or a Stock Purchase. There are advantages and disadvantages to both approaches, taking a look at what you want to accomplish will go a long way towards helping you decide which method to take.