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 are the damages for a breach of a building contract?

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In an ideal world we would always get what we pay for, and people would always live up to their obligations. Unfortunately in both residential and commercial buildings, the contractor does not always provide the quality of work that was contracted for. Often litigation arises to resolve the dispute. The focus of the litigation is […]

Business Litigation

Representing your LLC yourself- Owners and Managers Beware

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A fascinating and enlightening article by Renee M. Mehl in the March 2009 edition of the Wisconsin Lawyer presents some interesting and note worthy observations about the law in Wisconsin regarding LLC’s and its members or managers representing the entities themselves. You can see the entire article here For whatever reason the legislature has never […]

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 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

What is the statute of limitations for my business lawsuit?

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Generally speaking, in Wisconsin, the statute of limitations for a contract claim is 6 years. How that is interpreted however, can make a world of difference for your case. The Wisconsin Courts have held that the six year statute of limitations for Breach of Contract claim is an absolute six years, running from the date […]

Business Law

Using Non-Compete Clauses to Add value to your business

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I just came across a really well written article about non-compete clauses, you can read it here www.saleofbusinesslawblog.com . I am a big fan of Non-compete clauses to sweeten a deal. Chances are, that if you are selling the business, it is because you are no longer going to be performing that type of work […]

Business Law

What happens when there is a mistake in the Contract?

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Even when a contract is drafted by an attorney, there can be simple clerical errors that may change the whole contract. If you had an option to purchase, and on one line the wrong date was put for that option to end, it could materially change the terms of the contract. Fortunately, or unfortunately, depending […]

Business Formation

Difference between LLC and LLP (part 1 of 3)

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Those starting a business often wonder what the difference is between an LLC and an LLP. In Wisconsin it can be a lot different. The first major difference is that one is a Corporation, the other is a partnership. This may seem obvious, but it can have very severe tax differences and liability differences. There […]

Business Law

Update on Law-Suit over “Paid Sick Leave” in Milwaukee

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The latest news I have seen comes from a Wisconsin Law Journal Article on Tuesday stating that the Metropolitan Milwaukee Association of Commerce’s (MMAC) directors unanimously chose to sue the city of Milwaukee to stop the sick-leave ordinance from taking effect. You can see the article here. I am very interested to see what the […]

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 Law

Milwaukee Businesses Suing to stop “Sick Leave” law

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The law that was passed by referendum sets out a rule that mandates that Milwaukee Businesses provide mandatory sick leave to their employees. The rule states that employees will earn 1 hour of sick time for every 30 hours they work, with a cap of 5 days to 9 days depending on the size of […]

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

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

Difference between an Asset Purchase and a Stock Purchase

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There are two mainstream ways that Businesses go about acquiring other businesses. This is through either an Asset Purchase or a Stock Purchase. There are advantages and disadvantages to both approaches, taking a look at what you want to accomplish will go a long way towards helping you decide which method to take.