Fraud Claims in the Face of Franchise Agreement “Merger” Clauses
Anyone considering the purchase of a franchise should first review the helpful consumer’s guide published by the Federal Trade Commission (FTC). It provides, among other things, an overview of the 23 numbered “items” that must be included and discussed in the franchisor’s Franchise Disclosure Document (FDD). In its guide, the FTC says, “Don’t be shy…
Truck Driver Liability in Shifted Load Accidents
Experienced Attorneys in Milwaukee Helping Truck Drivers and Accident Victims While truck drivers, including those in Wisconsin, can sometimes defy state traffic laws, there’s one law that they cannot ignore—the law of gravity. If the truck’s cargo has not been properly loaded and secured, any sudden sharp turn or other change in the truck’s trajectory…
Does Copyright Law Apply to Construction Blueprints?
Experienced Milwaukee Attorneys Protecting Your Copyrights The conversation begins something like this: The CEO of a successful, mid-sized company turns to several VPs and says, “Last week, when I was in Denver, I saw an awesome headquarters building; it’s exactly what we need in Milwaukee. I took some photos with my smartphone and our architect…
US Supreme Court Issues Important Ruling State Securities Fraud Cases
Milwaukee, Wisconsin Security Fraud Attorneys On May 16, 2016, the United States Supreme Court held that state courts retain jurisdiction over state-law-based securities lawsuits that only incidentally involve the federal Securities Exchange Act of 1934 (Exchange Act). In a somewhat rare unanimous 8–0 decision, the Court held that the scope of the Exchange Act’s exclusive…
Construction Law: Understanding Wisconsin’s Right to Cure Act
Construction Practices Have Changed Over the Years Residential construction has changed a lot since the mid–19th century when Milwaukee earned the nickname “Cream City,” a reference not to milk products, but to the large number of cream colored bricks that were produced out of the Menomonee River Valley. Often as not, framing was with heavy,…
Federal “Defend Trade Secrets Act” Set to Become Law
On April 27, 2016, by a vote of 410-2, the U.S. House of Representatives passed the Defend Trade Secrets Act of 2016 (DTSA). The DTSA, originally sponsored by U.S. Senators Chris Coons (D-DE) and Orrin Hatch (R-UT), was passed unanimously (87–0) by the Senate in early April 2016. Prior to passage by the House, the…
Five Common Misconceptions About “the Public Domain”
In terms of complexity, copyright law ranks near the “top of the heap,” both domestically and internationally. That complexity is deepened by members of the public who often assume that they understand the meaning of certain core copyright terms, when in fact, they does not. Take the term “public domain.” Everyone knows what that means,…
Wisconsin Noncompete Agreements: Special Considerations
A core principle of American society is that, within reason, employers and employees are permitted to contract freely with each other concerning the employment relationship. While the law places some restrictions on the employment contract – e.g., the employer may not pay less than the statutory minimum wage and may not require that the workday…
Specific Performance is a Rare Remedy for Wisconsin Contract Breach
Performance Occasionally Ordered – Mostly For Real Estate Contracts As most law students learn early on in law school, “specific performance” is an equitable remedy utilized by courts where no other remedy – e.g., monetary damages – is adequate to compensate the party who has suffered from the other’s breach. In essence, the court puts…