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 Litigation

Can I just close my doors if my business is sued?

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Unfortunately, as is the case with many legal questions, the answer is maybe. There are a number of factors to look at before that question can be answered, and most likely you would need to see a lawyer to evaluate each individual case. Generally speaking a party suing your business, if they obtain a judgment […]

Business Litigation

What happens if I get sued? – Part 4 Mediation

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While mediation is voluntary, in most counties in Wisconsin, including Milwaukee and Waukesha County, the Court will order the parties to attend mediation. This does not mean that the parties must settle at mediation, only that they will attend. What Happens at Mediation? Mediation usually takes place after most of the discovery has been completed […]

Business Litigation

What happens if I get sued? – Part 2- Discovery

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After the initial pleadings are entered, there will generally be a scheduling conference between the Attorneys and the Judge to set the schedule for the case. Part of that schedule will include a date in which all discovery must be completed. Litigation has been described as playing poker with everyone’s cards face up. While this […]

Business Litigation

What are my damages in a breach of contract lawsuit?

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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 […]