Business Litigation

Is My Automatically Renewing Contract Enforceable?

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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 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 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 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 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

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 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

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 […]