Business Law

Contracts is Contracts

Posted on

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 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 Law

The Importance of a Well Written Contract- Revisited

Posted on

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 Problem with On-Line Form Contracts

Posted on

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?

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 […]