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Litigation

Refusal to Sell Bulk-Sized Packages Not Violation Robinson-Patman Act

Many are familiar with the “super-sized” portions of popular consumer products available at various “big box” stores, such as Costco, Sam’s Club, and BJ’s Wholesale Club. Generally speaking, one doesn’t see the huge box of detergent in the neighborhood grocery store. That omission isn’t necessarily due to a choice made by the supermarket buyer; it’s…

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Wisconsin Court Casts Doubt About Anti-Poaching Agreements

An “anti-poaching” provision is a common feature of many employment contracts for higher-level employees these days. While the wording can vary a bit, the provision usually provides that if the employee is terminated or otherwise leaves the employment, he or she cannot solicit former co-workers to quit or accept employment with a competitor, supplier, or…

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Wisconsin Residential Contractors Must Have Up-to-Date Credentials

Constructions experts generally agree that even for modest residential remodeling projects, the use of a qualified general contractor is important to achieving the desired results. When it comes to full-fledged construction projects in Wisconsin, retention of an experienced contractor is even more crucial. Virtually everyone has heard a horror story where an unqualified firm was…

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Are Your Condominium HOA Rules Up to Date?

As the saying goes, “to every thing there is a season.” Implicit within the statement is the knowledge that virtually everything has a life cycle. Human beings age. Their residential structures age, as well. Nowhere is this more prevalent than in a condominium community. The development that started perhaps as a beacon for young couples…

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Four Risk Management Tips for Physicians

Physicians today face a host of issues. Some related to lifestyle: Where should one practice and under what conditions? Others relate to the complicated regulatory world within which a physician must carve out his or her professional existence. Still others relate to the management of risk. While the practice of medicine will always entail some…

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Should Wisconsin Uber/Lyft Drivers Have Insurance Concerns?

You look at your calendar and realize that you have, on average, three free evenings per week. You look at your checkbook balance and realize that some extra income sure would be nice. You look at your driving record and realize that you obey the traffic laws. You’re a good candidate to be a driver…

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“Just Following Orders:” What Constitutes Pharmaceutical Malpractice?

According to government reports, almost one-third of the adults in the U.S. take five or more medications. That’s a lot of medicine. Indeed, we’re taking more medicine than ever before, yet sometimes the cure can be as problematic as the underlying sickness or condition. Adverse drug events (“ADEs”) – defined as harm experienced by a…

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Litigation

Comparative Fault in WI: Often Truck Driver Shouldn’t Get All Blame

Typically, when a highway accident involves a passenger auto and a semi-trailer truck, the auto driver paints a little guy-big guy picture, pointing to the tremendous difference in weight and height between the “meek little car” and the “massive” truck. It is as if the trucker is at fault, merely because of the size of…

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What Duty Wisconsin Director Owe Insolvent Corporation’s Creditors?

It’s generally said that a corporate director owes a duty of care – the duty to be prudent in his or her decision-making – and a duty of loyalty – the duty to refrain from acting in a fashion that would be in his or her economic interest and against those of the corporation. Does…

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