Business Law

Does negotiating in my lawsuit make me look weak?

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In a word, No. It makes you look rational. Disputes happen. When they cannot be resolved, lawsuits happen. For better or worse, they are often a necessary part of doing business. At some point, if a dispute cannot be resolved, you have to have a third-party step in, and the best format we have derived […]

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

What Happens if I get Sued? Part 1- Pleadings

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The pleadings stage is the initial stage of any litigation. The Plaintiff (or the person bringing the action) will file a summons and a complaint. The summons will indicate that the Defendant(s) have either 20 or 45 days (depending on the allegations made) to answer the complaint. The complaint will contain all of the allegations […]

Business Litigation

What happens if I get sued? An overview of Litigation in Wisconsin

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If you run a business, sooner or later you will have a disagreement with a customer, contractor, or vendor that may lead to litigation. For many business owners litigation, and what is entailed, is clouded in mystery. The next few articles are going to attempt to illuminate some of those mysteries and explain the process, […]

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

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

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 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

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 […]