How to Apply for – and Maintain – Your Business’ LLC Status
If you are in the process of incorporating a new limited liability corporation (“LLC”) or changing the designation of an existing business to an LLC, there are some legal issues you need to be aware of. Although there are many advantages in operating as an LLC, including the ability to avoid personal liability, being freed…
Discovery Tactics in Commercial Litigation
It’s a little-known fact that many cases are won or lost in the discovery process. It’s even less known what discovery actually is. If your company has recently been involved in a lawsuit, you may be getting a lot of urgent phone calls from your legal counsel asking a lot of questions and requesting a…
Medical Malpractice in Wisconsin
Practicing medicine in Wisconsin can be a rewarding experience, but in the back of every doctor’s mind must be that nagging fear that today will be the day that something goes wrong. Many doctors joke, it’s not if you get sued for malpractice, it’s when you get sued for medical malpractice. Knowing exactly what can…
Nuts & Bolts of a Wisconsin Shareholder Derivative Lawsuit
A shareholder derivative lawsuit is one brought by a shareholder on behalf of the corporation when that corporation has a valid cause of action and the corporation refuses to act on it. These types of suits are typically brought against an insider in the corporation, such as officers, directors or board members who are suspected…
Requirements for Class Action Lawsuits in Wisconsin
No business owner wants to hear that his or her company is being sued in a class action lawsuit. Aside from the obvious implication that you’ve somehow upset a whole lot of people, the downsides of defending a class action lawsuit are abundant due to the high costs associated with increased complexity. If you find…
At a Negotiation Impasse? A Mediator May Help Bring Resolution
Mediation is becoming a more popular way for individuals and businesses to settle differences. Prompted by the expense of litigation and the long wait to get on the docket, mediation offers a quicker, less expensive way to negotiate disputes. In fact, some jurisdictions actually require that the parties mediate before a case can move to…
Can Businesses Sue for Online Slander and/or Defamation?
More often than not, we hear about defamation cases, either libel or slander, in the context of individuals. However, with the continuing growth of social media and online business reviews and the effect that they have on business reputation, many businesses are getting into the defamation mix. Why the Bad Reviews? People are far more…
Dealing with Product Liability Charges in Wisconsin
Business owners generally owe their success to the reputation of their business – a reputation that can easily be tarnished if it is known for producing or selling defective products. There’s a lot of talk about businesses caring only about the bottom line and not about consumers; however, business owners know that producing quality goods…
Recent Changes for Enforcing Non-Compete Agreements in Wisconsin
Current Wisconsin law provides that employers may place restrictions on an employee or agent’s right to compete with the employer or principal. These restrictions are limited to the term of the employment or agency relationship plus a reasonable and specified time afterwards, within a specified territory. Furthermore, the restrictions must be reasonably necessary to protect…