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

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 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

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 Formation

Where is the real value? In the Company or the Employees?

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Often, when a company is looking to acquire another business, it looks at all of its gleaming equipment and its wonderful balance sheet as the reason to purchase the company, but in reality all of that success is probably more tied to the employees that work there then the systems or equipment associated with the […]

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.

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 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

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 […]