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…
Class Actions Filed Against German Car Manufacturers Over Emissions
Decision Shows Frailty of Oral Agreements A recent per curiam decision by the Court of Appeals of Wisconsin (District Four) shows that commercial enterprises should, wherever possible, avoid oral agreements with individuals since, among other things, oral testimony as to the creation of the agreement can barred if the opposing party dies while the case…
WI Law Requires Disclosures “Defects” for Residential Real Estate Sale
Since 1992, Wisconsin law [Wis. Stat. Chapter 709] has generally required residential property owners to disclose “defects” in the property prior to any transfer or sale. The disclosure is made in the form of a written report supplied to the prospective buyer within 10 days of the buyer’s acceptance of the sales contract. While the…
“As-Is” Real Estate Sale May Not Protect Misrepresentation Claim
Deceptive Sales Practices Wisconsin’s primary misrepresentation statute, Wis. Stat. § 100.18(1) prohibits companies and individuals from making misrepresentations in the sale of homes, products, and services. To recover under the statute, a person or firm must generally show three things: That the company or individual made a misrepresentation to the public with the intent of…
Why Shareholder Buyout Agreements Are Essential
Like so many marriages, many Wisconsin corporations are often formed in haste by idealistic optimists. They proceed with the corporate charter, the corporate bylaws, the initial election of corporate officers, the securing of appropriate facilities, and the like. What could ever go wrong? The answer, of course, is “Plenty.” One of the founding members of…
How to Protect Your Interests against Hostile Takeovers
Due to the hard work of corporate management and solid effort by employees, a publicly held company sometimes creates a level of inherent value that is not yet reflected in the price of the company’s shares on the open market. In such situations, the company can become the target of outsiders who seek to gain…