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 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 […]

Business Litigation

Be Careful When Granting the Power to Terminate a Contract Early

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It seems quite often you see contracts that contain provisions similar to the following: Either party may cancel this contract at any time by giving the other party 60 days written notice. This always sounds like a good idea when you discuss it. Basically it is the back-out provision, if things are going badly, you […]

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 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

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 […]