Business Formation

What Happens when one Partner Leaves a Partnership?

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In a January 2007 decision, Estate of James H. Matteson v. Robert R. Matteson et al. , the Wisconsin Appellate court takes the time to further clarify its decision from Lange v. Bartlett , 121 Wis. 2d 599, 602 which stated [W]hen one partner leaves a partnership and allows the other to continue the business, […]

Business Law

Dangers of Businesses taking the Law into their own hands

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To the unsuspecting business, there are a surprising amount of consumer protection laws in Wisconsin, especially relating to penalties from a business. Businesses regularly get themselves into hot water by imposing sanctions on consumers without taking those laws into account, the consequences can be dire and expensive. A recent Wisconsin Appellate case James Cook et […]

Business Law

How to Find an Attorney in Milwaukee?

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It is probably relatively obvious how to find an attorney, open the yellow pages or jump on Google and you will have thousands to choose from. The title of this post should be “how to find a GOOD attorney in Milwaukee?” The first thing to realize is that a good attorney for one person, is […]

Business Formation

The Problem with On-Line Form Contracts

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If you are looking to start a business in Milwaukee, Wisconsin, or already own a business in the Wauwatosa or Milwaukee area, you might think, “I can save some money on using contracts and business formation services from an on-line website.” And this is true, you will certainly get a cheap alternative. Of course, as […]

Business Law

Can I sue in Small Claims court for more than $5,000?

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The short answer- Yes; but you can only recover damages of up to $5,000 plus statutory attorney’s fees ($250-$500) and court costs. A recent decision in the Wisconsin Court of Appeals Winkler v. Spaman Wholesale confirmed as much when it denied the defendant’s motion to vacate the default judgment for $5,000 because the demand in […]

Business Formation

How will the bailout effect businesses in Milwaukee?

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It really remains to be seen what the actual effects will be, but I am optimistic that things are moving in the right track. Regardless of your political leanings and whether you feel it was “deserved” or not, the bailout was necessary because the flow of money had seized up. You can think of the […]

Business Formation

Why choose an LLC? All of the benefits without a lot of the hassle

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LLCs in Wisconsin have become the entity de-jour for new businesses in Milwaukee and the rest of the state. The real strength of the LLC is its ease to set up and maintain and its versatility.  An LLC provides all of the liability protection of a Corporation. The same rules generally apply about piercing the corporate veil. […]

Business Formation

Business Valuation and Tax Ramifications

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Buying a business can be more complicated and have greater tax ramifications then one may first realize. Generally speaking there are two different values to a company, the book value and the actual value. When you are buying a company with significant assets there will be significant research, perhaps by a business valuation company, into […]

Business Law

What if there was no written Contract?

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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 […]

Business Law

The importance of negotiating your commercial lease.

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While the rent per square foot is an important consideration, money is not the only thing that can be negotiated in a commercial lease. A colleague of mine, Attorney Chris Moander, recently wrote an article “The lease is a beast I can’t stand in the least” on his blog, and he warns of the danger […]

Business Law

Can I get attorney’s fees in my business lawsuit?

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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 […]

Business Law

Anatomy of a Contract (part 3 of 3)

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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 […]

Business Law

Anatomy of a Contract (Part 2 of 3)

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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 […]

Business Law

Anatomy of a Contract (Part 1 of 3)

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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 […]