Business Litigation

Is My Automatically Renewing Contract Enforceable?

Posted on

The Wisconsin legislature, effective May 1, 2011, has implemented strict notice requirements for any automatically renewing “Business Contracts” entered into after May 1, 2011. The rule is codified through Wis. Stat. 134.49, and sets forth that any automatically renewing contract that does not make the following disclosures, will be held to be unenforceable as to […]

Business Litigation

What if my employee is sabotaging my company?

Posted on

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 […]

Business Litigation

What are my damages in a breach of contract lawsuit?

Posted on

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 […]

Business Law

What if there was no written Contract?

Posted on

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

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

Posted on

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)

Posted on

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)

Posted on

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)

Posted on

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 […]