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With the Wisconsin Supreme Court’s termination of the commercial court pilot program, businesses must identify other ways to have their disputes resolved in an efficient and reliable manner. Nadelle Grossman identifies alternate paths for businesses to have their disputes resolved without Wisconsin commercial courts.

Understanding the economic loss doctrine in Wisconsin is critical for attorneys in business litigation and transactional law. Sam Wayne details relevant case law and concepts to help lawyers gain a thorough understanding of this doctrine and its impact ontort claims.

Among the many preprinted forms available to transactional lawyers are the Wisconsin Real Estate Board business purchase agreements. Joseph Mella discusses the use of these forms which, he says, may be an appealing way to enhance efficiency – but can comewith perils.

New laws in Delaware that codify common practices in mergers and acquisitions are worth examining. Clyde Tinnen summarizes the cases and new laws with an eye toward what may happen in Wisconsin.

A 7-year pilot project that established circuit court dockets solely for large claim business and commercial cases in numerous counties will phase out, under an order the Wisconsin Supreme Court issued Oct. 7, with three justices dissenting.

The American Bar Association (ABA) recently issued Formal Opinion 512 on the use of generative artificial intelligence tools. Paul Curtis discusses the 15-page opinion, which addresses the use of generative artificial intelligence in the practice of law.

Meticulous preparation is the cornerstone of success when negotiating commercial contracts for your client. Sam Wayne offers practical tips and insights to empower you to negotiate contracts with confidence.

When your legal research includes investigating a business or company, it isn't always easy to know where to start. Law Librarian Genevieve Zook outlines resources that are available to the public and are free or inexpensive to use.

Continuing Lawyer Education (CLE) credits are an inevitable yet essential component of one’s legal practice. Kelly Gorman discusses additional opportunities to earn CLE credit.

The Federal Trade Commission's recent final rule banning the use or enforcement of non-compete clauses and agreements with workers could affect countless businesses, employers, and employees.

What is the economic outlook for the rest of 2024 and into 2025? Lanre Abiola discusses current and possibly future trends for business and corporations, including law firms.

The Federal Trade Commission's ban on noncompete agreements may take effect Sept. 4. Tom O’Day and Audrey Merkel discuss the impact the ban could have on the health care industry and what employers can do now to prepare.

On Tuesday, April 23, 2024, the Federal Trade Commission issued its long-awaited Non-Compete Clause Rule. The rule prohibits non-compete clauses as an unfair method of restraining competition under the Federal Trade Commission Act.

The 2023-24 Wisconsin legislative session was a busy and successful one for the State Bar and its lobbying sections. This Rotunda Report gives a brief summary of section positions and accomplishments.

Emergency rules allow an agency to implement policies much faster than going through the lengthier permanent rulemaking process, but limits on rule duration and the distinct, truncated nature of the process require careful planning and consideration.

The author highlights a few of the major changes made by 2023 Wis. Act 73, an overhaul of Wis. Stat. chapter 125, Wisconsin's alcohol-regulation statutes. Learn more about the act's effects on three-tier restrictions, contract manufacturing, full-service retail privileges, and regulation of venues.

Public involvement in utility regulation in Wisconsin is expanding in pace with climate change, concerns about traditional energy sources, and increased use of renewable energy. The Citizens Utility Board fights for evidence-based outcomes and for transparency, inclusivity, and the public's right to be informed and involved about Wisconsin utilities.

The author urges lawyers to monitor Securities and Exchange Commission regulatory proposals and submit comments on proposed rules that might have significant effects on business clients.

Intellectual property assets are often the backbone of a business, yet may be unprotected. Emilie Rohde provides information to help identify IP assets and practical tips to secure and protect them for your business clients.

The SEC adopted an amendment that will require public companies to disclose information on climate-related risks, mitigation measures, and environmental targets starting in in fiscal year 2025. Grace D’Souza discusses the final rule mandating Scope 1 and Scope 2 emissions disclosures, which represents a departure from a more all-encompassing proposed rule.

Any injuries that resulted from a company’s majority shareholder creating an employee stock plan and a nonprofit foundation to handle marketing fell on the company and not minority shareholders, the Wisconsin Court of Appeals has ruled.

The Wisconsin Fair Dealership Law was enacted in 1974. Two Wisconsin lawyers sum up the law's evolution in the decades since.

A creator of Wisconsin's 50-year-old fair dealership law shares a few memories regarding the law's origins.

The National Association for Law Placement recently issued its latest diversity report on race, ethnicity, and gender in the legal profession. Srishti Ponnala discusses the report, which highlights the legal profession’s slow evolution toward a more diverse and inclusive future.

Amid concerns around diversity, equity, and inclusion (DEI) efforts, many law firms are still committed to their organizational framework of DEI through their values, messaging, and culture. Mary Purdy discusses a recent report of DEI efforts across thenation and in Wisconsin.

A variety of approaches, from using cloud-based customer relationship management software and generative AI programs to setting up global service centers outside the U.S., can help in-house counsel better serve clients and customers.

Basil Buchko says that rather than thinking like a lawyer, he needed to change his perspective to become an effective organization leader. Here's what he learned.

Successful leadership by an in-house legal team requires effective planning, execution, and maintenance. Christopher Ashley describes how one in-house department built a great team.

Matt Beier explains that a key aspect of risk management for in-house counsel is ensuring that products and services provided by third-party technology vendors are appropriate, cost effective, and secure for the organization.

Small businesses – including solo and small law firms – are a very important part of Wisconsin's economy. When it is time to close a business, here's where to start. Law librarian Carol Hassler discusses resources to help with selling a business or firm.

Wisconsin law provides some protections against adverse employment actions for employees who have disabling illnesses or conditions that affect their work. A recent Wisconsin Court of Appeals case demonstrates that employers must act in good faith when employees request disability accommodations in the workplace.

In law, as in life generally, resolving a disagreement often requires the willingness to give up some things in exchange for getting others. Lawyers who are great negotiators can help clients reach optimal results.

As privacy law continues to develop and change, an effective privacy program remains an important method for businesses to maintain compliance. Peter Trotter discusses the key components of creating and maintaining an effective privacy program forbusinesses and firms.

The legislature is rapidly winding down, and Capitol watchers can expect a flurry of activity for the next few months. Here's where State Bar legislative advocacy stands at the end of 2023.

On Jan. 1, 2024, the federal Corporate Transparency Act will take effect. The Act requires certain entities to report identifying information, the individuals who filed their formation or registration documents, and the individuals who directly or indirectly have substantial ownership of or control. Here's what you need to know.

The Act takes effect on Jan. 1, 2024. Collin Schaefer explains what you need to know.

Companies are caught between realizing the benefits of a diverse workforce and the potential of a lawsuit for engaging in discriminatory practices. Nadelle Grossman discusses those competing considerations and how companies can find ways to furthersupport DEI goals.

A federal law that goes into effect on Jan. 1, 2024, promises big changes for attorneys who represent businesses, according to Kent Schlienger.

By knowing the current law on damages determinations in patent infringement cases, lawyers can maximize the likelihood that patent-holder clients’ damages awards will not be reduced on appeal.

A recent case involving arbitration provides lessons for litigators in Wisconsin.

It's not easy for small businesses to succeed. You can set your clients' businesses up for success from the start by drafting operating agreements to help them weather potential breakups and more.

This article discusses recent caselaw developments related to the Wisconsin Fair Dealership Law.

How can attorneys know if their digital presence online and on social media is performing? Lindsay Marty, a legal marketing expert, shares what lawyers and law firms need to know about business analytics.

Gain and share your practice insights with colleagues at the Wisconsin Solo and Small Firm Conference. Reserve your spot now for the best rates, and join us in Wisconsin Dells in October.

The Wisconsin Court of Appeals has ruled that a statute that prohibits misleading advertising is not limited to advertisements made to Wisconsin residents.

As tension hangs over the fall session of Wisconsin's legislature, these are the issues that the State Bar and its practice sections will be monitoring.

Recent decisions on race-based criteria for college admissions indicate how the U.S. Supreme Court may interpret similar provisions under Title VII of the Civil Rights Act of 1964. Clyde Tinnen details the decisions and advises businesses to review the compliance of their diversity, equity, and inclusion initiatives with Title VII.

Two recently enacted federal laws, the Pregnant Workers Fairness Act and the PUMP Act, provide greater protections in the form of accommodations to pregnant women and new mothers in workplaces.

Developing cultural competency is crucial to providing effective counsel to domestic and international businesses. The needs of specific businesses and their stakeholders are informed by their culture(s). Here are tips to develop their cultural competency and emotional intelligence.

Are Bitcoin or other cryptocurrency worthy of consideration as loan collateral? Joseph Mella discusses the idea and reality of perfecting security interests in cryptocurrency and similar assets.

A member of two LLCs failed to state a claim for relief when he sued over an allegedly fraudulent real estate transaction to which he was not a party, the Wisconsin Supreme has held

Lawyers advising businesses in search of seed money from "small" investors (individuals and entities with relatively low amounts at their disposal) must be aware of federal and Wisconsin laws regarding crowdfunding.

The Brewers' Marti Wronski, one of a handful of women executives in Major League Baseball, moves from general counsel to chief operating officer.

Milwaukee attorney Larry Whitley went straight from law school to an in-house counsel position, working on billion dollar deals in real estate right out the gate. In the latest episode of the Bottom Up Podcast, Whitley shares more about his journey.

The U.S. Department of Justice (DOJ) recently announced that in 2022, it recouped False Claim Act settlements and judgments amounting to the second highest number of settlements in history. Leah Ruedinger discusses the settlements and offers tips for effective compliance programs for health care entities.

Claims by residents of a senior living facility for entrance fee refunds are subordinate to a perfected security interest in the property of the company that operates the facility, the Wisconsin Supreme Court has unanimously ruled.

The need for reliable energy sources is generally acknowledged, but not everyone agrees which types of power are the best or where generation facilities should be located. Lawyers can help local governments and community members who want their opinions to matter during energy-project development.

Wisconsin Act 258 completely rewrote chapter 183. Most LLC operating agreement provisions remain the same, but others may need to be updated. Sam Wayne discusses Act 258 and how it impacts the practice of drafting LLC operating agreements.

Much has changed in the past two decades in Wisconsin courts involving business litigation, yet there's no "manual for complex litigation" specific to Wisconsin. Here are resources for attorneys who need to to learn more about the challenges in complex litigation in Wisconsin state courts.

Under the right circumstances, the conversion and domestication provisions of the Revised Act can be powerful tools for practitioners to efficiently and expeditiously position a client's business entity for a significant transaction, more favorable tax treatment, or to strengthen management's position.

A new amendment from the Securities and Exchange Commission brings new requirements to annual and semiannual shareholder reports. Grace D'Souza discusses the new rule, which seeks to increase transparency and user readability in shareholder reports.

Ngosong Fonkem, chair of the State Bar's International Law Section, discusses his path to and the work of providing representation on all aspects of international law to business clients.

Business and contract law are both incredibly broad areas of law. Law librarian Carol Hassler provides an overview of some popular sources and offers tips on narrowing your search.

Small businesses play a vital role in our economies and communities, accounting for roughly two out of every three jobs added in the U.S. over the last 25 years. Kelly Gorman interviews three practitioners currently working to address needs of smallbusinesses in Wisconsin.

As part of an ongoing series related to transactional law in both Wisconsin Lawyer magazine and InsideTrack, we highlight the work of in-house counsel. In this issue, we talk with Angela Arrington of Alliant Energy Corp.

Explore the advantages and disadvantages of arbitration compared to litigation based on the goals of fair and efficient procedure, correct results, and minimizing adverse collateral consequences of the dispute resolution process; and the criteria that should govern the choice between those dispute resolution modes.

Michael Cohen says lawyers who represent business clients will benefit from learning more about trending topics in business litigation and dispute resolution.

The State Bar's fifteen practice sections that participate in the lobbying program are gearing up to make a big impact in the 2023 legislative session.

Some businesses have historically relied upon arbitration-friendly rules to litigate the early party of a lawsuit before reversing course and insisting on arbitration. Ryan Billings discusses a new decision by the U.S. Supreme Court that closes the dooron this practice, requiring companies to consider their preferred venue carefully in their business contracts.

To protect the nation's water supply, in 2021 Congress enacted the Infrastructure Investment and Jobs Act. One goal of the Act is to ensure that Americans in disadvantaged communities receive priority for financial assistance for water infrastructure. This article discusses the interpretation of the term "disadvantaged communities" as used in the Act and analyzes Wisconsin's approach to funding water infrastructure. 95 Wis. Law. 8 (Dec. 2022)

In light of the growing use of cryptocurrencies and other digital assets, the Uniform Laws Commission has proposed amendments to the Uniform Commercial Code to clarify their treatment in the U.S. Patricia Lane, Louis Wahl, and Corrie Osborne discuss thethe amendments and their treatment of digital assets.

Illinois is among the states attempting to regulate business use and handling of biometric identifiers. Although Illinois has not attempted to regulate out-of-state biometric information, skilled lawyers have extended liability to businesses outside Illinois – including in Wisconsin. 95 Wis. Law. 16 (November 2022)

These forward thinkers are advancing the legal profession and serving the public. This year we honor Lifetime Innovator Michael Rust and other lawyers whose innovations focus on technology and access. 95 Wis. Law. 34 (November 2022)

Wisconsin’s recently updated business entity statutes now have a variety of mechanisms for moving business entities to new jurisdictions and converting to a different type of business entity. Jim Phillips discusses the differences between a domestication and a conversion, and the use of the term “domestication” in certain other contexts.

While publicly traded companies have a wealth of information easily available, private businesses are more difficult to research. Law librarian Carol Hassler offers tips and websites that will aid in your legal research.

When your litigation practice often involves work with opposing parties, little things that aggravate can add up. Amy Risseeuw, “asking for a friend,” discusses what defense lawyers do that drives plaintiff’s counsel crazy – and suggests that bettercommunications can make a big difference.

Lawyers involved in creating business entities work with those involved with the entity. But, when potential conflicts arise, who actually is the client – the entity, or the entity's owners?

In a post-Dobbs workplace, employers may have to make adjustments to accommodate their employees with an unwanted pregnancy, and employees may face new, unsettling avenues for discrimination. Emma Ferguson outlines some of the ways Wisconsin’s return to a lack of access to safe and legal abortions is likely to impact the workplace.

Momentum is building toward climate-related disclosure for public and private companies. Nadelle Grossman discusses the details and impact of a proposed rule from the Securities and Exchange Commission that would require public companies to discloseclimate risks to their businesses.

A recent Wisconsin appeals court decision shows how challenging is for a defendant to convince a court to enforce waiver-of-liability agreements. Alexander Pendleton discusses lessons on crafting waiver agreements that can be learned from thedecision.

Summer storms are one type of weather event that can disrupt a lawyer's or law firm's practice. Matt Beier says being prepared for the possibility of business interruptions and property damage is a vital element of law client service.

Julie Bonasso, a member of the Task Force on Wisconsin Lawyer Well-Being, lays out the business case for ensuring lawyers' mental and physical health.

The Wisconsin Supreme Court has issued order, effective June 29, 2022 extending the five-year-old Commercial Docket Pilot Project.

The Financial Crimes Enforcement Network recently announced new regulations to crack down on criminal business enterprises. While not yet in force, changes are coming, and Maureen O’Leary suggests advising your business clients to maintain comprehensive corporate records in anticipation of meeting the new requirements.

The new business entity act, 2021 Wis. Act 258, repeals and recreates Wis. Stat. chapter 183 to adopt the most recent version of the Revised Uniform Limited Liability Company Act. Certain Wisconsin-specific provisions are included in what this article calls the New LLC Act. Here is a look at the most significant changes.

Recent changes to Wisconsin's business entity statutes will have particular significance for limited partnerships and limited liability companies formed in the state starting Jan. 1, 2023. The authors summarize important changes.

The updated Wisconsin LLC law will create benefits for businesses and their advisors. Learn from Joe Boucher and Craig Miller why these updates were necessary.

The Federal Bureau of Investigation recently announced and increased focus on corporate crime. Rebecca Furdek and Sal Hernandez discuss FBI investigations and the steps Wisconsin businesses and their attorneys should take if they come under investigation– and provide tips on proactive measures to take now to strengthen their compliance.

Undoubtedly, the most significant impact of the Russian invasion remains unquestionably the humanitarian crisis it has created. Although the war seemed to have set in motion deglobalization forces that are disrupting global trade, a full demise ofglobalization as has been predicted is not likely. Instead, the more likely impact of the ongoing seismic trade shifts is a recalibration of engagement from North America and Western Europe away from Eurasia to other Global South regions such as Africa an

Elon Musk's proposed acquisition of Twitter is one of the largest leveraged buyouts in history. The impact of Twitter going private – on both its users and the social media, communication and technology industries as a whole – is yet to be seen.

On June 23, 2020, the U.S. Securities and Exchange Commission (SEC) Division of Examinations (EXAMS) issued a risk alert based on 5 years of examinations of registered investment advisers that manage private equity funds or hedge funds.

Following a decade of effort from Wisconsin business lawyers, Gov. Tony Evers on April 15, 2022, signed 2021 Act 258 into law. Adam Tutaj discusses this Act, which streamlines, modernizes, and bring into uniformity five chapters of business entity law.

Jeff Glazer looks at some of the ways in which decentralization and automation are putting strains on the legal frameworks that structure property ownership, organization, and securities in this part 2 of a two-part series about digital currency systems.

Carbon capture – a climate change mitigation technology – is experiencing a surge in federal funding and private sector interest. Andrew Gunem discusses these developments and how Wisconsin can profit from this promising sector.

Under COVID-19, more businesses shifted to a more robust online presence – and subsequently, a stronger need to protect their business and brand names. Emilie Smith discusses the issue and steps to take when dealing with copyright and trademarks, and offers tips for best practices.

Legalese has been used excessively in contracts for too long. It creates an unnecessary hurdle that can be easily avoided by all contract drafters. Nicholas Fucinato discusses how legalese may cause readers to misinterpret language and lose the intent of an agreement.

Individuals who thus far had refused to be vaccinated, citing medical, religious, or philosophical objections, challenged some vaccination mandates in courts. These lawsuits have had varying outcomes. The authors summarize the most significant recent decisions.

Stop thinking that the reason women leave private practice is a lack of grit or of the growth mindset. Instead, Deanne Koll suggests focusing on making law firms into places where all lawyers can thrive.

The Business Court Advisory Committee has petitioned the Wisconsin Supreme Court to extend the Commercial Docket Pilot Project for an additional two years

Rick Niess believes the commercial court pilot project is flawed. He offers ideas on how to reform the current business court.

The Wisconsin Supreme Court has ruled that an Illinois company’s failure to timely file a form with the Department of Workforce Development (DWD) after purchasing a Wisconsin company prevented the Illinois company from succeeding the unemployment insuranc

When drafting a commercial lease agreement, entering into a new lease, or challenging provisions of a lease, you need access to authoritative sources. Law librarian Amy Crowder lists some of the best resources for putting together the best commercial lease for your client.

While women are joining the legal profession in equal numbers as men, the proportion of women partners has increased only marginally since the 1990s. Kelly Gorman discusses recent studies that reveal what it takes to retain women in law firm positions.

For lawyers handling business acquisitions and divestitures, turning for help to outside professionals can lessen any issues that may arise. Eric A. Johnson discusses the types of professionals that can help lawyers smooth out complicated transactions.

An in-house counsel herself, the author lists 10 things she has observed women lawyers don't know or do as in-house counsel that their male counterparts seem to do quite well, which, she postulates, has resulted in a widening of the gap between men and women.

The COVID-19 pandemic has impacted all aspects of business and commercial life – including leasing and subleasing office space. Joseph Mella discusses the new world of subleasing office space – and offers advice for lawyers who counsel would-be subtenants.

B Corps claim to be the gold standard for good business practices with respect to social and environmental performance, accountability, and transparency. Maureen O’Leary discusses the details of B Corps and benefit corporations in Wisconsin.

This article reviews eight Wisconsin federal court decisions from 2021 interpreting Wisconsin law. The decisions touch on a variety of subjects, including tort law, advertising law, civil procedure, insurance law, contract law, corporate law, and intellectual property.

Judge Michael Aprahamian provides an update on the Commercial Docket Pilot Project since its inception in July 2017, including its expansion and current operations.

Many businesses and industries are attempting to keep their workplaces as safe as possible due to COVID-19, including making vaccination a condition of employment.

To offer securities or investment advice, broker-dealer agents have long been subject to continuing education requirements, but investment adviser representatives are not. That could change in 2022 or 2023. Deborah Fabritz discusses proposed educational requirements for investment adviser representatives.

Three members of the Business Court Advisory Committee – Marinette County Circuit Court Judge James Morrison, Waukesha County Circuit Court Judge Michael Aprahamian, and Laura Brenner, a business litigator at Reinhart Boerner Van Dueren S.C. – provided an update about the Commercial Docket Pilot Project.

As the end of the London Interbank Offered Rate draws near, market participants should consider available alternative reference rates. The Bloomberg Short-Term Bank Yield Index (BSBY) is emerging as a contender. Patricia Lane, Louis Wahl IV, and Corrie Osborne discuss two possible replacements: the Secured Overnight Financing Rate and BSBY.

The DTSA has provided trade secret owners with a federal private cause of action and enhanced protections that reach beyond state lines. Still, it has fallen short on its promise of national uniformity. This progress report examines whether the DTSA has lived up to its proponents’ aspirations and how it has affected trade secret litigation nationally and in Wisconsin.

The increasing numbers of pumpkin patches, corn mazes, hay rides, and petting zoos prove that agritourism and other farm operations are growing in popularity. Matthew Beier explores liability concerns and protections for Wisconsin farmers who invite the public onto their property.

The Business Law Section of the State Bar supports legislation that can keep Wisconsin's business climate competitive and innovative.

Analysis shows that there are fewer Chapter 12 farm bankruptcies filed this year. But does that actually mean bankruptcies are down? David Krekeler discusses the issue – and the new form of Chapter 11 known as Sub V.

Women achieved parity in law school classes more than three decades ago, yet the numbers today show that women are underrepresented in positions of power and influence in law firm and corporate legal environments. Why is that?

Lawyers should have a business plan and contingency financing in place to weather uncertain financial times that cannot be addressed with conventional strategic planning. State Bar of Wisconsin Law Practice Assistance Manager Christopher C. Shattuck and Courtney Searles, senior vice president and private banking regional manager for Johnson Financial Group, discuss best practices for business planning.

Wisconsin's Commercial Court Pilot Project has expanded to 26 counties. Are you properly designating your case for the commercial/business court docket?

Property can change hands multiple times soon after a sale. Ryan M. Billings discusses a recent court of appeals decision that clarifies the circumstances under which a subsequent owner can sue the original seller for fraud.

Is now the time to sell or gift a business before the end of the year? Maureen O’Leary discusses potential changes to gift, estate, and income tax laws, and why business owners might want to complete business transactions before the end of 2021.

Although pen-and-paper contracts are hardly extinct, the pandemic has accelerated the evolution toward electronic-only business transactions. Jennifer Budzien outlines the laws, requirements, and challenges.

Although pen-and-paper contracts are hardly extinct, the pandemic has accelerated the evolution toward electronic-only business transactions. Jennifer Budzien outlines the laws, requirements, and challenges of electronic records and signatures.

The Biden administration is pursuing a human rights-focused foreign policy, which will affect Wisconsin businesses engaged in international trade. Read how companies can protect themselves from the increased trade measures ensuing from this policy shift.

Bill Thedinga explains changes to Wis. Stat. chapter 185 that clarify how cooperatives can authorize conducting meetings without in-person attendance.

Divisive mergers have been available in some states since 2006. Jim Phillips discusses how divisive mergers provide a unique way to separate operations into discreet business entities by operation of law, rather than using bills of sale, deeds, and assignments.

What does a good romantic comedy have in common with running a small business? Stephanie Melnick talks about the lessons learned in the movie "You’ve Got Mail."

Companies are increasingly implementing Environmental, Social, and Governance (ESG) programs. Nadelle Grossman discusses the rise of these programs, the reasons to implement them, and ESG program legal requirements.

The Office of the Inspector General’s first Special Fraud Alert in six years highlights a growing concern about sponsored speaker programs and the potential implications for fraud and abuse actions under the anti-kickback statute. Leah Ruedinger discussesthe implications of this Special Fraud Alert.

Every professional sports team depends on talented people both on and off the court. Mike Sneathern is one person helping the Milwaukee Bucks succeed and thrive, in his role as Bucks' chief legal officer.

For cyber insurance, different businesses face different risks based on how they use technology. Lora LoCoco and David Princeton provide ways lawyers can guide clients toward appropriate policies.

How would a human rights-centered foreign policy impact U.S. businesses engaged in international trade? Ngosong Fonkem discusses compliance challenges and how companies can protect themselves from the inevitable increased trade measures that would ensue ensue from the policy shift.

Privacy Laws are fast changing, requiring companies to frequently adapt their web presence and online security schemes. Eric A. Johnson discusses how to help business clients keep their customer data safe.

Kathy Brost spotlights a program that gives corporate and business law attorneys a way to deliver pro bono legal assistance to qualifying small businesses in Wisconsin.

Wisconsin’s energy market is shifting toward renewable energy – are renewable energy third-party financing arrangements the new third rail? Nathan Jurowski discusses the legislative and regulatory changes that could stimulate private investment in Wisconsin’s commercial and residential renewable energy and provide opportunities for local contractors.

Famous for dairy and agriculture, Wisconsin also hosts strong business leaders in a variety of areas attractive to foreign investors. Bethany Wilson offers a quick guide to foreign direct investment in Wisconsin.

In response to a need for assistance highlighted by the COVID-19 pandemic and other recent events, the State Bar of Wisconsin Business Law Section established the Small Business Assistance project. Peter Trotter talks about the project and encourages Wisconsin business lawyers to volunteer.

The COVID-19 pandemic has monumentally impacted businesses, and bankruptcy filings are expected to increase in 2021 as government aid runs out – affecting many Wisconsin businesses. Jennifer Knackert discusses key steps Wisconsin businesses should take when bankruptcy disrupts their supply chains.

The addition to the U.S. Bankruptcy Code of new small business reorganization provisions presents opportunities for some businesses to get out from under debt more quickly and cost effectively.

The State Bar of Wisconsin Business Law Section has launched Small Business Assistance, a project offering free legal advice to Wisconsin small-business owners.

In this video, Trish Lane and Nadelle Grossman discuss the Business Law Section's Small Business Assistance Project to help struggling small businesses in Wisconsin.

The Corporate Transparency Act addresses the unlawful use of corporations and limited liability companies. Joseph Mella discusses how this newly adopted Act may also create an administrative burden for business law practitioners.

With tax season in full swing, help employers and employees understand how working remotely in 2020 will impact tax returns.

Videos often show people refusing to wear masks in grocery stores or other businesses despite policies – and/or government orders – that require face coverings amid COVID-19. This article discusses whether businesses can refuse entry, under the law.

The idea of adapting your legal practice to a virtual format is not a novel idea – and under COVID-19, is now a reality for many of us in the legal profession. But should it be a permanent move, post pandemic? Stephen Hegedus discusses the pros and cons of virtual and traditional offices.

A recent survey shows nearly one-third of employees would sue their employer if they contracted COVID-19 at work as a result of a coworker being sick. Erica Reib looks at COVID-related employment claims to date.

President Donald Trump on Dec. 27 signed into law a government funding and appropriations bill that includes several coronavirus response and relief provisions, including another round of Paycheck Protection Program funding.

Adult children can bring wrongful death claims, on their own behalf, if a parent’s death is allegedly caused by a party’s negligence. When claims involve medical malpractice against health care providers, however, adult children have no standing.

The amount of solar energy being constructed in Wisconsin is increasing, thanks primarily to two factors: the rapidly declining costs of manufacturing solar panels and the availability of federal tax incentives.

Businesses nationwide, including Wisconsin, have filed nearly 2,000 lawsuits that seek coverage for business losses based on COVID-19 and government shutdown orders.

Certain accounting rule changes that take effect in late 2021 may significantly impact private companies and nonprofits. Michael Lokensgard details the updates, which will affect companies’ compliance with their loan covenants.

International commercial arbitration is increasingly important for U.S. lawyers and their clients, including those in Wisconsin. A particular sticking point is discovery, procedures for which differ within and outside the United States.

With tensions at a high level between U.S. and China regarding trade practices, a new Chinese export control law begins Dec. 1. Ngosong Fonkem discusses the status of the trade tensions between the two countries, and why U.S. businesses should pay attention to the new regulation.

Many companies are holding virtual shareholder meetings due to the COVID-19 pandemic. Peter Trotter details the requirements of conducting a virtual shareholder meeting for Wisconsin corporations.

Facebook Live and similar platforms provide an easy and convenient way to sell and buy products, but may cause both sellers and buyers to overlook legal and tax requirements. MaiVue K. Xiong discusses the legal and tax requirements involved in selling andbuying in an online market in Wisconsin.

A succession plan for a business is an often overlooked, yet essential area of business law. Maureen O’Leary gives tips on setting up a successful plan and getting clients to look ahead.

Businesses face an uncertain labor supply heading into fall 2020, as school districts grapple with how to reopen. Ben Pliskie offers advice for employers planning for employee absences caused by school district attendance policies.

Beth Schneider Naylor provides tips to help business clients reduce the costs and liability exposure associated with fake products.

The Wisconsin Supreme Court in recent business-dispute decisions has indicated that judges have the ability to be more demanding of claimant’s counsel when considering motions to dismiss for a failure to state a claim. Alexander (Sandie) Pendleton comments on these developments, and the related developments as to the incorporation-by-reference doctrine, and the economic loss doctrine.

"Agricultural cooperatives, worker cooperatives, and broadband/utility cooperatives are super important to our rural communities so the more education we can provide for lawyers in those communities, the better those lawyers can support their communities," says attorney Jeff Glazer.

Owners of corporations and limited liability companies can have statutory and contractual obligations to indemnify officers, directors, managers, and members for legal fees incurred in defending litigation. Ryan M. Billings discusses equity holders’ exposure to legal fees when a company brings suit against its former officers, directors, managers, or members.

Businesses helped by Paycheck Protection Program (PPP) loans now have more options in utilizing the funds – including an extended time period for spending the loans under the recently-passed Paycheck Protection Program Flexibility Act of 2020.

The authors identify practice areas in which cases related to the COVID-19 outbreak have been or are likely to be brought, including employment, consumer, personal injury, and insurance law.

In this article, Melodie Wiseman provides tips on how law firm supervisors can manage a remote workforce.

During the COVID-19 crisis, it is critical that Wisconsin employers understand their obligations under the Wisconsin Business Closing and Mass Layoff Law. Thomas J. Nichols and Graham C. Garland discuss these obligations for employers.

The new Paycheck Protection Program loans are meant to encourage small businesses to keep their workers employed through the COVID-19 crisis. Here’s some new guidance on loan forgiveness.

Confused about the myriad of regulations and best practices guiding return-to-work policies? You're not alone. Learn about the guidelines and standards employers should follow to create a safe working environment for employees returning to work sites.

COVID-19 is not going away just because people are coming back to work, says Lori Dorn, director of administration for Stafford Rosenbaum LLP. She shares tips for law firms and other employers to consider when reopening.

Businesses negatively affected by COVID-19 might attempt to avoid contractual obligations, but not every contract can or should be negated. Clients should consider both the relevant contract-law issues and the potential harm to future business relationships.

Whether or not mistreatment of an employee is unlawful, such conduct can have negative effects in the workplace. Taking action to prevent bullying and harassment promotes a positive work environment that benefits employers, staff, customers, and clients.

Find more information about how COVID-19 impacts the practice of business law in Wisconsin, from these articles in the Wisconsin Business Law Blog.

Loan programs available under the CARES Act can assist small businesses, including law firms, with low-interest and forgivable loans. But applicants must act fast.

Despite constitutional, statutory, and case law civil-rights protections, sex discrimination and sexual harassment continue to occur regularly in workplaces. This article discusses the causes of action, remedies, and defenses available for sex discrimination claims in Wisconsin.

In his article, Jeremy Klang of Schober, Schober & Mitchell S.C. summarizes the basic points a small business loan program under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

Patrick J. Maxwell and Melissa McCord discuss considerations for small businesses looking into the loans that are part of the Coronavirus Aid, Recovery, and Economic Security Act (CARES Act).

What are the business tax benefits of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)? Attorneys with von Briesen & Roper discuss some of the details in the Act, signed into law on March 27, 2020.

While virtually every business contract has an implied covenant of good faith and fair dealing, now is the time to review your contracts’ force majeure clauses. Find out more about the issues and what to look for.

Businesses concerned about meeting their contractual obligations due to the coronavirus should review their contracts to determine their options, write Greg Lyons and Margarita Castaneda.

The Families First Coronavirus Response Act (FFCRA) is expected to be one of the first of several coronavirus-related pieces of legislation to address the virus’s public health and economic impacts. Learn more about its provisions.

Do you or your business clients have questions on the recent developments with the coronavirus pandemic? Find a summary of updates from the attorneys at Kramer, Elkins & Watt, LLC, Madison.

During this time of pandemic, businesses should five steps to better their position with regard to their existing insurance policies.

The Wisconsin Economic Development Corporation (WEDC) is creating a program to provide grants to targeted Wisconsin businesses. This $5 million grant program will assist “smallest of the small” businesses around state.

What do you tell your clients about handling business in the age of social distancing? Jeffrey Glazer discusses the basics of social distancing for his clients in breweries, wineries, and distilleries.

In this time of the coronavirus and COVID-19, clients are looking to attorneys for guidance on preparing and responding to this emergency. Nilesh Patel provides tips and guidance for attorneys to discuss with their clients.

Now 20 years old, Wisconsin’s Uniform Electronic Transactions Act (UETA) governs the legality of electronic record storage and electronic signatures. Jamie Lumsden discusses the perceived ambiguities present in the law and cases from other jurisdictions where e-signature issues have arisen.

The Wisconsin Supreme Court’s recent decision in Marx v. Morris raises a number of questions surrounding limited liability companies. In this second of two articles, Drew Parrish and Robb Leach explore more questions in the wake of the Marx decision.

In Marx v. Morris, the Wisconsin Supreme Court handed down one of the more notable Wisconsin business decisions in recent years. In this first of two articles, Drew Parrish and Robb Leach explore their top questions in the wake of the Marx decision.

With rising health plan costs, employers are seeking alternatives to the traditional provider networks, such as reference-based pricing. Angela Rust explores this health care payment model – and offers advice for health law attorneys with clients exploring reference-based pricing.

The Wisconsin Supreme Court has issued an order that expands Wisconsin’s Commercial Docket Pilot Project, also known as the Business or Commercial Court, to the Second and Tenth Judicial Administrative Districts.

Many U.S. companies may be unaware of the cost savings and other benefits from taking advantage of foreign trade zone programs. Ngosong Fonkem discusses how the programs can be an effective strategy for companies seeking to adapt to ever-changing trade environment.

Even with a recent U.S. Supreme Court victory, Epic Systems Corporation could still be paying hefty damages for misclassifying employees as exempt from overtime – and Epic is not alone. Jennifer Mirus and Brian Goodman discuss properly classifying employees as exempt from overtime in the context of recent rulings.

A new federal law effective Feb. 19, 2020, is designed to simplify bankruptcy reorganizations for small businesses by reducing procedural and cost burdens.

Established by the Wisconsin Supreme Court in 2017, the three-year Business Court Pilot Project has resolved nearly 80 cases on a dedicated commercial docket.

With the current trade war, companies should implement proactive strategies to tackle challenges that impact their global supply chain. Ngosong Fonkem discusses the Miscellaneous Tariff Bill process and how it can be an effective proactive strategy. Act quickly – the deadline to apply is Dec. 10.

In a recent ruling, the Wisconsin Supreme Court weighed in on the rights and obligations of members in a limited liability company. Willie Boucher discusses the ruling and its potential impact for LLCs in Wisconsin.

Microsoft received royalties through software licensing agreements with out-of-state hardware manufacturers whose products were used in Wisconsin. Recently, an appeals court rejected a claim that such royalties were taxable to Wisconsin.

Joseph Boucher, John Rather, Ron Bote, and Andrew Seifert discuss the mechanics and legal structure involved in starting a limited liability law firm as well as the tax treatment of such entities.

Lawyers have a role to play in helping organizational leadership understand the importance of diverse viewpoints in boardrooms.

Throw away your assumptions. Matthew Lynch, a former private practitioner who recently switched to government work, offers a few tips on communicating with government regulator

With tariffs and international trade in the news on a nightly basis, clients are paying close attention to the impact tariffs have on their business – especially if any of their supply chain relies on imports from abroad. Collin F. Schaefer encourages lawyers to take an important first step to helping those clients by learning to understand the Harmonized Tariff Schedule.

Independent contractor misclassification is a growing issue in Wisconsin, and can lead to complications when a worker is injured on the job. Matthew Lein discusses the potential consequences of misclassifying workers in Wisconsin.

Business clients count on their lawyers for advice about avoiding or handling disputes before or when they arise. For fast and accurate guidance and solutions, turn to Business Litigation and Dispute Resolution in Wisconsin from State Bar of Wisconsin PINNACLE®, newly revised and expanded for 2019.

The 2018 Farm Bill's reforms, technology investments, and rural-to-urban diversification provisions will stir up new business for strapped farmers and emerging entrepreneurs. The bill also presents opportunity for Wisconsin lawyers who represent such clients.

Wisconsin Statutes chapter 128 provides for an assignment for benefit of creditors as a solution for businesses facing financial trouble, but the chapter is badly out of date. It is time to look critically at the statute, modernize it, and provide real guidance to parties and state court judges.

Changes to state and federal law means hemp is now a legal agricultural crop instead of an illegal controlled substance. Collin Schaeffer highlights several issues lawyers will be called to figure out in this new legal landscape.

Companies increasingly face lawsuits, organizational distrust, and reputational loss as women speak out about discrimination in the workplace. Nadelle Grossman discusses some of the latest high-profile discrimination cases, and offers tips for companies to be proactive in creating cultures of inclusion and fairness.

The recent conviction of the physicians, investors, and staff of a Dallas hospital on fraud and other charges is an opportunity for lawyers to review their clients’ contractual relationships and internal compliance programs. David Edquist, Stacy Gerber Ward, and Daniel Balk III discuss the case and the state and federal statutes that prosecutors used to obtain convictions.

A recent Court of Appeals case drove home a point: That choice of law provisions matter. Steve Mroczkowski discusses the case, which also proves the importance of front-end negotiations.

Aaron Gary says a soon-to-be-decided U.S. Supreme Court case may significantly affect Wisconsin’s alcohol distribution system.

In 2021, the London Interbank Offered Rate – the benchmark reference rate that underpinned hundreds of trillions of dollars of finance contracts for three decades – will no longer be used. Patricia Lane and Louis Wahl IV discuss the cessation of what has been called “the world’s most important number,” and offer recommendations for addressing its cessation in credit agreements, securities, and other finance contracts.

Dispute resolution is a useful tool in resolving professional liability cases. Perry Granof explores various dispute resolution procedures, including their efficacy and advantages and disadvantages.

Two recent court decisions have found descriptions of collateral in financing statements to be inadequate because they relied on separate documents that were not on the public record. Emory Ireland discusses these decisions and their implications.

Lawyers should prepare for the possible legalization of marijuana in Wisconsin, including advising clients considering a marijuana-based business about potential sources of liability and the scope in which they can operate their business legally.

In 2018, the Trump Administration resurrected a 40-year-old statutory provision, resulting in increased tariffs on a diverse array of products – from machinery to garlic. Andrew T. Schutz discusses the past and present use of Section 301 of the Tariff Act of 1974.

Section 1202 of the amended Internal Revenue Code of 1986 allows exclude up to 100 percent of the gain on sale of stock held more than five years, if such stock meets the definition of “qualified small business stock.” Jim Phillips discusses some of the requirements and traps of Section 1202.

Small business owners looking to exit their business are frequently encountering buyers who use the Small Business Administration 7(a) program to finance the purchase. Jeremy Klang discusses the unique aspects of this program, which affects how the small business owner may structure the transaction.

An employee embezzled $34 million from Koss Corporation over 10 years, drawing on Koss’s bank accounts at Park Bank. Recently, the Wisconsin Supreme Court ruled Park Bank is not liable despite claims it failed detect the fraud.

The Tax Cuts and Jobs Act of 2017 contained a powerful new tax incentive, albeit one of limited duration, intended to funnel capital to distressed communities. Michael Lokensgard discusses the details of investing realized capital gains into Qualified Opportunity Zones – census tracts that meet the U.S. Treasury Department’s definition of “low income.”

New 2017 Wisconsin Act 368 allows S corporations and partnerships to be taxed at the entity level – meaning potential tax savings for their owners. Thomas J. Nichols and James W. DeCleene discuss the act and its tax implications.

Lawyers serving on company boards must be careful to distinguish between providing business advice and legal advice, says Dean Dietrich.

When companies manufacture products in foreign markets, they need to adapt to the ever-changing global trade environment. Ngosong Fonkem’s recent data analysis of country-of-origin determination cases by the U.S. Custom and Border Protection reveals key factors for companies seeking to make the most of trade preference programs.

Two neurosurgeons will head back to circuit court to determine whether their contractual dispute must go to arbitration, now that the Wisconsin Supreme Court has reversed an appeals court decision that the dispute must be arbitrated

Feb. 1, 2011, marked a change in Wisconsin products liability law, including for the liability of a seller or distributor in a products liability case. Michael Gill and Craig Steger discuss the tactics and considerations for both plaintiffs and defendants when handling products liability claims against sellers and distributors in Wisconsin.

Obtaining a credit card or consumer loan as a married individual in Wisconsin actually requires compliance with multiple and complex areas of law. MaiVue Xiong discusses the framework lenders need to comply with obtaining and reporting credit, and the potential ramifications married consumers should know in Wisconsin.

In Severson v. Heartland Woodcraft, the Seventh Circuit Court of Appeals held that an employee needing an extended leave of two or more months for treatment of a disability is not protected by the Americans with Disabilities Act. The author summarizes the parties' arguments and the three-judge panel's decision.

Before taking on a corporate partner – especially one you hardly know – Clyde Tinnen advises doing the due diligence you would perform in any M&A transaction, or even in a personal relationship before contemplating marriage.

Effective this week, certain retailers with online sales in Wisconsin must start collecting sales taxes, and remit sales taxes as soon as November, under an emergency rule.

Join the State Bar of Wisconsin Construction and Public Contract Law and Labor and Employment Law sections on Nov. 14 in Pewaukee for a CLE event that explores the barriers women face in the workforce.

Investing in a qualified Wisconsin business may provide certain tax benefits to individuals. Thomas J. Nichols and James W. DeCleene discuss these benefits and some potential pitfalls.

The EU’s new data privacy law, the General Data Protection Regulation, represents far-reaching changes that make it one of the strictest in the world. Randal Brotherhood discusses this new law and why U.S. businesses need to pay attention to it.

Harassment and discrimination occur in all types of workplaces. Julia Arnold gives tips lawyers should share with their employer-clients and consider when assessing their own legal environments.

The increasing number and severity of worksite enforcement actions by ICE’s Homeland Security Investigations is a serious wake-up call for employers – but it is challenging for employers to fully comply with immigration rules for hiring and employment. Benjamin Kurten outlines the steps that employers can take to ensure they employ only those authorized to work in the U.S.

Annual legal reviews for nonprofit corporations can help maintain their tax-exempt status. James M. Ledvina outlines the steps to conduct legal reviews for a nonprofit entity, and discusses why they are necessary.

When drafting a contract to sell or purchase a business, attorneys often use the form “WB-17 Offer to Purchase – Business Without Real Estate” from the Wisconsin Department of Regulation and Licensing. J. William Boucher discusses important addendums to suit the needs of buyers or sellers when using the form.

Limited liability corporations and partnerships are now the business entities of choice in Wisconsin. Turn to LLCs and LLPs: A Wisconsin Handbook for up-to-date guidance about our state's preferred business format.

Signs, social media, elections, and wedding cakes: all can convey facts or opinions and all have played a role in seminal U.S. Supreme Court First Amendment pronouncements in the 21st century.

One of Wisconsin's biggest trading partners is the European Union. Make sure your clients are complying with the General Data Protection Regulation, which will affect businesses and their customers far beyond Europe's shores.

Thanks to social media, employees have more tools than ever to speak out. But how far can employee speech go before the First Amendment no longer protects them? The short answer: it depends. Atty. Josh Barrett discusses free speech in the workplace.

In this video, learn how the gig economy is impacting employment law regarding independent contractors, from employment lawyers on all sides of the issue.

With a decision in a recent case, the Wisconsin Supreme Court imposed significant limitations on employers who use non-solicitation provisions in employment contracts. Jeremy Klang discusses the decision and what it means for businesses in Wisconsin.

The Wisconsin Supreme Court has ruled (5-2) that Wisconsin’s Uniform Fraudulent Transfer Act does not control the outcome of a lawsuit alleging that a successor company is liable for the negligent handling of asbestos-containing products.

The Wisconsin Supreme Court recently amended Wisconsin's class action statute to align it with its federal counterpart. This article highlights the revised statute's key requirements and concepts.

The Wisconsin Supreme Court may decide whether a member of a liability company (LLC) has standing to sue another member of the LLC based on injuries to the LLC, rather than the individual member who is asserting the claim.

For new businesses considering going nonprofit, there’s a new alternative in Wisconsin – the benefit corporation. Thomas Schober discusses the details of this new type of corporation.

Whistleblowers play a vital role in calling attention to bad behavior and trying to prevent its recurrence. The author, himself a whistleblower, explains their motivations and risks and costs of their behavior and beliefs, and provides tips for how best to represent whistleblowers.

Katelynn Williams demystifies the application process for short- and long-term disability insurance.

In this video, Milwaukee attorney Emil Ovbiagele talks about a new Wisconsin law that provides liability protection for for-profit entities who also seek to benefit the public.

With the U.S. intensifying its efforts to prosecute trade law violations, Wisconsin companies with international ties need to keep an eye on the impact enforcement actions may have on their businesses. Ngosong Fonkem discusses this policy shift and its impact in Wisconsin.

A State Bar committee is working with the legislature to revise chapter 183 to define the duties of LLC members and managers. In the interim, lawyers should advise clients intending to form an LLC that the best practice is to use an operating agreement to clearly define member's duties.

A commercial court pilot project in Waukesha County and several Green Bay-area counties speeds up litigation, says Judge Michael Aprahamian, and judges are gaining increased expertise in business law.

When a client is confronted with an onerous agency rule, the best recourse may be found in challenging the rule’s legal validity. Learn the substantive grounds and declaratory judgment procedure for challenging the legality of state agency rules in Wisconsin courts.

New rules effective after Dec. 31, 2017, not only will affect clients, but also potentially the entity in which the law firm itself conducts business. Existing partnership instruments likely will need to be modified. Here’s what you need to know.

Security wasn’t usually a major factor in a corporation’s decision whether to hire a law firm, and law firms used to fly under the radar when it came to questions about keeping client data secure. Joe Kelly says that has all changed.

Businesses that produce, transport, and sell alcohol beverages confront a complex cocktail of federal, state, and local regulation. Avoid legal hangovers with Alcohol Beverages Regulation in Wisconsin.

So-called “anti-combination” laws that prohibit joint ownership and operation of a cemetery and a funeral home withstood a constitutional challenge recently, as a state appeals court has ruled the law has a rational basis.

The state supreme court recently ruled (4-3) that a manufacturer failed to present sufficient evidence on its conspiracy to breach a fiduciary duty and trade secret misappropriation claims relating to an employee working for two companies.

The Deadman’s Statute dies on July 1, but a Business Court Pilot Project is born, along with rule changes that impact family law mediators and expand CLE options. Read about rule changes and orders effective July 1.

Several states have legalized the recreational or medical use of marijuana and their treasuries are seeing the benefits. Wisconsin is not one of them, yet. Federal law still criminalizes use of marijuana. Lawyers representing marijuana-related businesses must navigate conflicting state and federal laws to help their clients operate legally and reach full commercial potential.

The Wisconsin Supreme Court recently split 3-3 in a fiduciary duty case involving two business partners, meaning one partner will get $499,000 in compensatory damages from the other but will not receive punitive damages.

The New Year is a new chance to make improvements. But how can you make your resolution stick? Learn some tips in this article from professional lawyer-coach Michael Moore. In addition, read the 2017 resolutions of several Wisconsin lawyers.

Joe Kelly says by demonstrating their firms’ savvy, security, responsiveness, and proven compliance with outside counsel guidelines, lawyers can increase their chances at winning corporate business. Here’s how.

Think about business planning as if you were on a boat: If no one is the captain, you're going to "crash into something at some point." Business coach Tom Palzewicz highlights the importance of taking time to plan your firm's goals to weather the next economic winter.

The 50/50 shareholders of a failed business owed more than $450,000 in debt obligations. Both settled separately with the lending bank. Recently, an appeals court ruled that one owner was not entitled to equitable contribution from the other.

Individuals who contemplate misappropriating or stealing intellectual property, take heed: the Defend Trade Secrets Act of 2016 significantly increases the potential costs and penalties of stealing trade secrets. Read how Wisconsin lawyers can use the Act to protect clients who own or use trade secrets.

Circuit courts could have a dedicated docket for large claim business and commercial cases in the near future, under a proposal recently submitted by a committee created by Wisconsin Supreme Court Justice Patience Roggensack.

Aug. 3, 2016 – Does your client want to encourage employees to participate in a workplace wellness program? Recently, new rules clarify the financial incentives that employers may offer to encourage participation, as well as the privacy and confidentiality requirements.

Businesses that use automated telephone dialing must examine their dialing systems and customer-intake processes to ensure they comport with federal regulations and to shield themselves from potentially major liability.

Is your business client hoping to raise some capital? In this article, Milwaukee attorneys Scott Brunner and Mitchell Lindstrom discuss new rules on equity crowdfunding.

Savvy business lawyers turn to the experienced attorney-authors of State Bar of Wisconsin PINNACLE’s Business Litigation in Wisconsin, newly revised and expanded for 2016.

Lawyers who practice “arts law” represent individuals and entertainment-industry businesses but also any business that uses visual images – and other types of creative works – on its products or as part of its marketing or advertising. This article identifies the key considerations for individuals who create art and businesses that buy, commission, or use visual images.

Imitation can be the trigger for a copyright-infringement lawsuit. This article discusses the copyright fair use doctrine – and several recent notable decisions in which courts applied the doctrine to artists’ and entrepreneurs’ creation of works using cutting-edge electronic techniques.

Help your 21st-century business clients thrive with advice on time-tested statutes, evolving case law, and cutting-edge technology, using the newly revised Commercial and Consumer Transactions in Wisconsin from State Bar of Wisconsin PINNACLE.

Craft beer is booming, but the industry remains highly regulated. From obtaining a license to open a brew pub to protecting trademarks, lawyers can assist clients navigating complex federal, state, and local laws, says Jeff Glazer.

Get help with the new state and federal rules on equity crowdfunding – in addition to all the laws and regulations for starting, merging, or buying a business – in the newly revised Securities, Mergers, and Acquisitions in Wisconsin from State Bar of Wisconsin PINNACLE^®.

Our state hosts more than 120 breweries. In this highly regulated industry, lawyers ensure that the brewery’s owners can legally mill, mash, boil, ferment, cap, chill, label, and sell the beer. This article looks at the web of laws regulating breweries and and untangles major legal issues confronting startup breweries in Wisconsin.

For players in the ever-expanding food and beverage market, health-related labels, the rise of craft breweries, and new food-safety laws require the assistance of savvy counsel. This article looks at food and beverage laws, giving a glimpse into the challenges and opportunities that face this dynamic industry.

Natalie Betz helps lawyers understand the basic science behind modern biotechnology to better serve their biotechnology clients.

Kristin Hardy thrives in the nontraditional legal space that is insider threat, an area that is a major concern for corporations and law firms alike.

Jeffrey Glazer outlines the regulatory framework for beer in Wisconsin; the rules brewers and brewery owners must navigate to get their products from the drawing board to shelves and taps.

Biotech may seem like the sole province of highly credentialed scientists, but like any other industry, it needs lawyers to draft contracts, enforce patents, and ultimately design laws that protect research and prevent abuse.

When are employees exempt or nonexempt from overtime? Clarifying that definition is a current initiative of the U.S. Department of Labor, says labor and employment attorney Laurie Petersen.

The ease and efficiency of social media communications make them good business tools but also potential hazards when used inappropriately by employees and employers. To help employers reduce risks associated with social media use, the author provides a sample bring-your-own-device policy.

Wisconsin’s bioscience industry is booming, creating opportunity, not just for the scientists that conduct bench research, but for lawyers, too. Read how lawyers serving the biotech arena are making an impact, what they’re doing, and how they got to where they are. There are many entry points to the field, and you don’t have to be a scientist to participate.

Oct. 7, 2015 – The biotechnology industry continues to grow, globally and in Wisconsin. Learn why lawyers are essential in helping biotechnology companies grow and prosper.

Oct. 7, 2015 – Water, coffee, and travel agencies. Lawyers who understand these three industries will be better positioned to evolve in a changing marketplace. How? By recognizing value migration, says Michael Moore.

Laws protecting and rewarding employees or other individuals who report companies’ internal problems present risks of legal, financial, and business reputational costs and damage too large for all entities, even the smallest, to ignore. This article offers suggestions for managing risk based on the hard lessons learned by companies exposed to enforcement action.

The Internet marketplaces has changed the retail landscape, and many believe the time has come to update the sales tax treatment of e-commerce transactions crossing state lines. This article presents an overview of sales and use taxation, the current tax treatment of e-commerce transactions across state lines, and potential legislation and judicial action related to e-commerce retailers.

Defending a corporation and its board in shareholder litigation can be the equivalent of playing one football game on two (or more) different fields. Exclusive-venue provisions help corporations reduce the costs of lawsuits by restricting the number of forums. While such provisions have largely been a Delaware phenomenon, they also may benefit companies incorporated in Wisconsin.

Aug. 5, 2015 – Develop your practice with the Business School for Lawyers, and learn about the operations, financial management, marketing, and human resources concepts you need for successfully managing a law practice from a business perspective.

June 17, 2015 – You’ve been dreaming about opening your own law practice. But to make it a reality and set yourself up for success, you’re going to need a focused business plan. It’s one of the most important things you can do, says Johanna Kirk.

The business judgment rule – that directors are not liable for an honest mistake of business judgment – is both a rule of substantive law and often the source of procedural burdens that shareholders challenging a board of directors’ decision must overcome. The Wisconsin Supreme Court recently reinforced the doctrine, making clear that shareholder-plaintiffs must be ready from the moment they file to present plausible evidence of their right to relief.

What does a white retired corporate lawyer know about increasing diversity in the legal profession? Turns out, quite a lot.

A professional trustee who allegedly invested trust funds in his own company isn’t covered under a professional liability insurance policy covering trustee errors, a state appeals court has ruled, so the insurer did not breach a duty to defend.

May 6, 2015 – Daniel Finerty’s commendable April 1, 2015 InsideTrack article about the current Republican-sponsored effort to legislatively repeal almost 60 years of Wisconsin statutory and common law respecting noncompetes and other restrictive covenant agreements is noticeably silent about the negative public policy implications of this effort.

The Wisconsin Supreme Court has upheld a restrictive covenant agreement, despite an employee’s argument that it was unenforceable as a condition of continued employment and thus lacked sufficient consideration to support a contract.

April 1, 2015 – A legislative proposal dramatically reforms Wisconsin’s restrictive covenant statute and would impact the drafting, negotiation, and enforcement of restrictive covenants by Wisconsin attorneys in several important ways. Milwaukee labor and employment litigation attorney Daniel Finerty explains the legislation and its potential impact.

A state appeals court has ruled that a “business auto policy” covers a paving company’s liability for a motorcycle accident involving a stationary trailer, but the company is not covered for the accident under a “commercial general liability policy.”

Both Congress and the Wisconsin Legislature have passed tax legislation giving incentives for investing in business enterprises and rewarding investors for those investments. Sometimes affirmative action is required; sometimes qualification is automatic. Find the details in Organizing a Wisconsin Business Corporation: Articles, Bylaws, and Other Forms, recently revised.

The former family owners of a dude ranch in Mauston, northwest of Wisconsin Dells, must pay the unpaid tax and tax avoidance penalties for selling the ranch through a sham transaction, a three-judge panel for the U.S. Court of Appeals for the Seventh Circuit has ruled.

Jan. 5, 2014 – Starting Jan. 20, 2015, State Bar of Wisconsin PINNACLE will host a series of lunchtime business skills “roundtables” for law firm owners and managers on the third Tuesday of each month at the State Bar Center.

Dec. 17, 2014 – Limited liability companies (LLCs) and limited liability partnerships (LLPs) are now the default format for most new Wisconsin businesses. The underlying law continues to evolve, with significant changes expected in 2015. It’s all explained in the 2014 edition of PINNACLE’S LLCs and LLPs: A Wisconsin Handbook.

Dec. 3, 2014 – In this article, attorneys Kelly Kuglitsch and Colleen Uhlenkamp explain workplace wellness programs in light of recent legal developments.

Dec. 3, 2014 – Businesses, including law firms, with at least two and not more than 50 employees (100 in 2016) are considered small businesses under the Small Business Health Options Program. In this article, learn about small business health insurance options.

Projects to gain energy efficiency to reduce costs are top of mind for commercial building owners, but financing through traditional lending practices is hard to come by. Property Assessed Clean Energy programs are a new statutory financing mechanism that provides a new opportunity for general-practice attorneys to offer building-efficiency upgrade solutions for a variety of clients.

Lawyers who work as in-house counsel must keep in mind that attorney-client privilege does not apply to all advice they give to their employers, warns Dean Dietrich.

Increasingly, the U.S. Supreme Court has interpreted the Federal Arbitration Act to apply to parties of unequal bargaining power, making it more difficult for individuals and businesses subject to adhesion contracts to exercise their legal rights.

Oct. 1, 2014, – When a lawyer hangs a shingle, it’s more than just a law firm. It’s a business, and if you don’t pay attention to it, your firm won’t grow and it just might even fail. In this video, business coach Chris Carman talks about the business side of your law practice.

A state appeals court has ruled that the Wisconsin Counties Association did not need to produce records requested by the Wisconsin Police Association because the Counties Association is not subject to public records law.

Sept. 17, 2014 – Hiring staff is a big and sometimes overwhelming decision. But hiring the right person can help your firm’s bottom line and free the lawyer to be a lawyer. In this article, solo practitioner Mark Goldstein offers ideas and considerations on adding staff.

Sept. 17, 2014 – An employer can find itself between a rock and a hard place when an employee goes out on and continually extends ADA leave, because leave can be a reasonable accommodation under the Americans with Disabilities Act (ADA). This article explains the situation involving indefinite employee leave under the ADA.

Sept. 3, 2014 – Whether you are starting out or upgrading your current system, there are some things you need to know before you make your purchase. In this video, Jeff Krause talks about choosing the software and hardware that’s right for your firm.

Aug. 20, 2014 – Business experts recently shared insights at the Business School for Lawyers, an initiative to help solo, small firm, and start-up attorneys learn crucial concepts to drive law firm succcess. In this article, the experts share their inside r tips on tax planning, start-up technology, and law firm operations.

Aug. 6, 2014 – Lawyers, like other service-based professionals, take great stock in the value of their time. But valuing time requires business management skills that law school doesn’t teach. In this article, business coach Tom Palzewicz provides tips on financial management, an upcoming topic at the State Bar’s Business School for Lawyers.

July 16, 2014 – Thinking of starting your own law practice? Maybe you just graduated and can’t find a job. Maybe you are tired of your current firm. Maybe you’ve always wanted to be your own boss, or just want to improve a business aspect or your existing firm. Whatever the case, you need a business plan.

A Wisconsin Supreme Court majority recently untangled a commercial leasing dispute between a corporate landlord and various corporate tenants with rulings on proper notice and whether a tenant conveyed an assignment or a sublease.

When shareholders in nonstatutory close corporations want to leave the business, there is only one statutory remedy: judicial dissolution of the close corporation. Courts and litigants are now finding ways to address shareholders’ need for judicial intervention without employing the drastic remedy of dissolving the company.

Now that the state Senate and Assembly have adjourned, the State Bar takes an inside look at the 2013-2014 legislative session.

A component of the newly released federal “Tax Reform Act of 2014” and Section 51 of a similar Senate draft bill would make substantial changes to the way law firms conduct business.

The State Bar of Wisconsin National Mock Trial planning team is calling on attorneys, judges and experienced teachers and coaches from around the state to step up to the bench and volunteer to serve on a judging panel during the 2014 National High School Mock Trial Championship on May 9 and 10 in Madison.

March 19, 2014 – Conflicts may arise for lawyers acting in a dual capacity, including those serving as directors for client organizations. In this video, State Bar ethics advisors Tim Pierce and Aviva Kaiser explain that a lawyer’s role as a director may limit the lawyer’s ability to fully represent the client in future legal matters.

Do your clients include borrowers, lenders, or businesses that rely on the services of the Mortgage Electronic Registration System (MERS)? If so, you may want to keep your eye on a case that is headed to the Wisconsin Supreme Court.

Valuing a marital estate and determining property division and spousal support in a divorce requires extra care when one of the spouses owns a business. Extra care is needed to protect the livelihood of the business owner and to ensure the non-business-owning spouse receives a fair share.

Substantive consolidation is an equitable doctrine that allows a bankruptcy court to join entities that are members of the same group but are legally separate. This process typically has the effect of adding more assets to the pot for paying off creditors but also puts at a disadvantage creditors of the entities with higher asset-to-debt ratios.

Want to refine your courtroom skills and delivery? Looking at procedure and performance from a different perspective, like that of a judge, can be very helpful, and the State Bar of Wisconsin has a perfect opportunity to do just that. You can take the bench while volunteering as a judge at the National High School Mock Trial Championship in Madison from May 8 to 10.

Dec. 4, 2013 – Employers (and their lawyers) will want to review recent changes to Wisconsin’s unemployment insurance laws to ensure that policies and procedures are consistent with the changes. Doing so can help reduce costs and obligations.

Dec. 4, 2013 – The State Bar Practice411™ Breakfast & Business: Eggs, Ethics, and Answers series begins its annual trek across the state in Appleton this month. Future stops include Milwaukee, West Bend, Eau Claire, and Madison. The first seminar focuses on alternative fee arrangements and billing options, limited-scope representation, and virtual law practice trends.

Business litigators must tap their quantitative skills when bringing or defending suits involving lost-profits damages, to ensure clients recover or pay a legally and financially appropriate amount. The authors explain some of the issues to consider when seeking recovery of these damages.

The excess liability insurers for a Coca-Cola subsidiary named in more than 200,000 asbestos-related lawsuits since the 1980s must pay defense and indemnity costs “simultaneously,” not in sequence, a state appeals court has ruled.

Say what you will. Relationships are the key to doing business.

A company doing business outside the United States might be tempted to rely on the knowledge of local business people and agents, but doing so without caution and policies in place might result in the company violating the Foreign Corrupt Practices Act – a U.S. law that bars bribing foreign officials.

Aug. 21, 2013 – Tune in to special encore webcast CLE/EPR programs from the spring 2013 State Bar of Wisconsin PINNACLE® Litigation, Dispute Resolution & Appellate Practice and the Real Estate & Business Law institutes in August and September. Earn up to 19 CLE credits and 3 EPR credits. Institute attendees can view these webcasts at no additional charge.

Aug. 21, 2013 – In this video, Milwaukee attorney Adam Tutaj discusses a proposed overhaul of Wisconsin Limited Liability Company Act.

Whether the decisions of corporate directors are protected by the “business judgment rule” is a fact-intensive inquiry that cannot generally be resolved at the motion to dismiss stage, a state appeals court recently clarified.

July 26, 2013 – In Showers Appraisals LLC v. Musson Bros. Inc., the Wisconsin Supreme Court reversed the Court of Appeals in a case involving a claim of immunity by a governmental contractor.

July 24, 2013 – The Wisconsin Supreme Court, in Tufail v. Midwest Hospitality, 2013 WI 62 (July 10, 2013), reversed the Wisconsin Court of Appeals in a case involving a contract dispute between a landlord, Amjad T. Tufail, and tenant, Midwest Hospitality LLC (Midwest).

July 17, 2013 – A lawyer or group of lawyers may limit legal liability and minimize income tax and payroll tax costs by forming a business as a limited liability entity. In this video, Madison attorney Joe Boucher discusses why this is one aspect of running a business lawyers should not overlook.

Whether a closely held company must pay nearly $4 million to a minority shareholder is still an open question, as the Wisconsin Supreme Court has remanded the case to determine if a stock repurchase agreement should be specifically enforced.

Joseph Boucher and Jennifer Knudson offer information on choosing a limited liability entity for your practice, including each form’s potential tax minimization.

Amendments to Article 9 of the Uniform Commercial Code, which deals with security interests in most types of personal property and fixtures, took effect on July 1, 2013. The authors describe the types of property and transactions to which Article 9 applies, explain key terms, and provide tips to help you counsel your creditor and debtor clients.

Assembly Bill 40 – more commonly referred to as the “budget bill” – passed through both legislative houses last week with only a few technical changes to the governor’s original proposal. Now the bill heads to Gov. Walker, so he can sign the bill into law.

June 19, 2013 – Chances are, you or your clients will see a liability waiver form this summer, as recreational activities commence. In this article, business lawyer Timothy Fenner explains whether and to what extent those provisions are enforceable.

With the clock ticking and funds to be raised, Wisconsin’s National Mock Trial Fundraising Committee is launching a major donor campaign to support their efforts.

June 5, 2013 – Stay up-to-date on changes in the legal profession at the State Bar of Wisconsin PINNACLE® Real Estate and Business Law Institute, June 13-14, in Madison. Join your colleagues on institute eve when Patrick J. Fiedler is sworn in as the 58th State Bar of Wisconsin President.

Judgments that designate a business by its trade name are still enforceable, even though the underlying legal entity is not named in the judgment.

May 15, 2013 – Examine the Rules of Professional Conduct, illustrated by concepts of sportsmanship, with nationally recognized speaker on professional responsibility issues, Mark D. Yochum. The Duquesne Law School professor will present The Bonehead Play at the June 13-14 State Bar of Wisconsin PINNACLE® Real Estate and Business Law Institute in Middleton.

May 1, 2013 – Find the experience and topics you need to hone your skills and advance your career at the State Bar of Wisconsin PINNACLE® Real Estate and Business Law Institute, June 13-14, in Middleton.

May 1, 2013 – The State Bar of Wisconsin PINNACLE® codebook library is one of our most popular, and with good reason: each title contains the essential statutes, regulations, and other materials affecting specific areas of law – all in easily managed, paperbound volumes that you can carry with you or keep at your desk.

Jan. 16, 2013 – Restrictive covenants – such as noncompete agreements, nonsolicitation agreements, and confidentiality agreements – are often a term or condition of employment. In this video, Sara J. Ackermann, Ruder Ware, Wausau, discusses how to draft these agreements so they are enforceable.

A sales tax statute that has no limitations period is constitutional, a state appeals court has ruled, meaning business owner Elijah Rashaed will have to pay nearly $200,000 in back sales taxes relating to his clothing business operations.

Jan. 2, 2013 – Many websites allow individuals to post reviews about products and services. If those reviews are not true, businesses can sue, and these types of cases are on the rise. This article explains the recent developments in this area with insight from Milwaukee lawyer Donald Daugherty.

Dec. 19, 2012 – Twenty-six sessions from the State Bar of Wisconsin PINNACLE Litigation, Dispute Resolution & Appellate Practice, Real Estate & Business Law, and Health, Labor & Employment Law institutes will be available as webcast seminars in January. Institute webcasts are free for institute attendees and are included in the cost of the Ultimate Pass.

Dec. 17, 2012 – The class of Wisconsin plaintiffs fighting to keep its case against Northwestern Mutual out of federal court recently lost, as the U.S. Court of Appeals for the Seventh Circuit concluded that annuity contract issues must remain in federal court for resolution.

The article looks at nine significant Wisconsin federal court decisions interpreting Wisconsin law in 2011-12, encompassing common-law claims and statutory interpretations.

LLCs are now the most common business form in Wisconsin, but the statutes and case law are silent on whether LLCs, like corporations and other businesses, are subject to common-law fiduciary duties.

Oct. 17, 2012 – The year 1994 marked a milestone in Wisconsin business history. That was when the Legislature enacted the limited liability company act. It was also the year the State Bar of Wisconsin published the original Limited Liability Company Handbook, written by the same attorneys who had drafted Wisconsin's LLC and LLP laws.

Significant reforms to U.S. patent laws move from a "first-to-invent" to a "first-inventor-to-file" system, create new proceedings for challenging patents, and implement litigation reforms, with the goal of creating millions of jobs and securing the United States' position as an innovative-technology leader.

Sept. 5, 2012 – New Equal Employment Opportunity Commission regulations may complicate an employer's ability to protect against age discrimination claims. In this article, Geoffrey S. Trotier explains how lawyers can and should advise their employer clients to address the new rules.

Careful checking of job applicants' backgrounds can reduce the likelihood of hiring individuals whose past actions might foreshadow future negative behavior. Learn the best ways to legally and effectively find out more about potential employees.

Beneath America's favorite pastime lives a complex legal and business world. With insight from sports industry lawyers Mary K. Braza and Kevin Schulz, follow the purchase of the Los Angeles Dodgers for a record $2.15 billion – a deal they helped bring about – and the rise to prominence of Foley & Lardner in sports law.

Aug. 15, 2012 – Seventeen sessions from State Bar of Wisconsin PINNACLE Litigation, Dispute Resolution & Appellate Practice and the Real Estate & Business Law June institutes are now available as webcast seminars. More sessions will be announced as they become available.

Aug. 15, 2012 – Seventeen sessions from State Bar of Wisconsin PINNACLE Litigation, Dispute Resolution & Appellate Practice and the Real Estate & Business Law June institutes are now available as webcast seminars. More sessions will be announced as they become available.

Aug. 1, 2012 – Negotiating or drafting a first commercial lease can be daunting, especially for lawyers who aren't familiar with commercial landlord-tenant law. Remember, a lease may hang over your client's head (or you own) for many years. Larry Libman offers 10 issues to consider when negotiating or drafting a commercial lease.

July 18, 2012 – Greenwashing describes vague unsubstantiated or misleading environmental marketing claims. In this video, David Gilles and Matthew Kemp discuss Wisconsin's standards for labeling recycled, recyclable, and degradable products and the requirements for substantiating the energy savings created by certain products.

Wisconsin companies licensed in Arizona or 16 other states that mandate the use of the federal E-Verify electronic system to confirm employment eligibility of new employees must use the program in those jurisdictions.

Wisconsin's "Personal Protection Act" establishes a licensure system for the concealed carry of weapons and sets guidelines for property owners, businesses, and employers that may interact with license holders. Here is an in-depth look at the law's provisions, how it applies in various property contexts, and practical ramifications and potential legal issues rising from the law's enactment.

Here is an in-depth look at the concealed carry law's provisions, how it applies in various property contexts, and practical ramifications and potential legal issues arising from the law's enactment.

July 5, 2012 – Now that the question of the Act's constitutionality has been decided, employers that sponsor health plans should move immediately to comply with its health insurance requirements. Although the Act's most significant pending provisions will go into effect on Jan. 1, 2014, other burdensome rules will become effective before then. In this article, Todd Cleary summarizes the most pressing requirements for employers.

June 15, 2012 – Only “innovation” will help businesses and lawyers remain successful amidst changing economic tides, according to executive advisor John Di Frances.

Businesses and consumers eager to sell or buy environmentally friendly products should know that not every representation accurately conveys the "greenness" of the product.

June 6, 2012 – State Bar of Wisconsin PINNACLE^® ; has just released the 2012 edition of The Wisconsin Fair Dealership Law, the definitive text on a uniquely Wisconsin statute. Every manufacturer or seller of products or services doing business in Wisconsin does so in the shadow of the Fair Dealership Law; any business – or business attorney – who fails to consider the reach of that law does so at his or her or its own peril.

June 6, 2012 – On April 25, the EEOC issued new enforcement guidance regarding use of criminal background checks and arrest/conviction disclosures in employment decisions. This guidance provides in-depth analysis of the disparate impact of arrest and conviction records on racial and ethnic minorities. Milwaukee attorney Geoff Trotier offers recommendations to employers on how to comply with this new information.

May 25, 2012 – In a case of first impression, a state appeals court has ruled that the members of a non-stock condo association who sought class certification to challenge the association's yearly assessments have a direct, not derivative, claim against the association.

Worker's compensation carriers can seek to compel settlement of a plaintiff's bodily injury lawsuit over the injured-plaintiff's objections. In its decisions, the Wisconsin Court of Appeals emphasized the circuit court's authority to resolve settlement-related disagreements between insurers and injured parties.

Recent state and federal decisions will make it easier for employees to prove retaliation cases while making it harder for employers to define, and therefore avoid, retaliatory conduct. Attorneys must understand the changes to effectively advise their clients.

May 2, 2012 – Lawyers play a crucial role in driving business innovation, according to John Di Frances, featured speaker at the upcoming Real Estate and Business Institute. In this article, Di Frances discusses the lawyer's role in business. Also, two lawyers discuss the impact of digital communication on contract law and alternatives to foreclosure, other topics at the June 14-15 event.

Adopt a policy for at-work and off-duty use of social media sites.

March 27, 2012 – A creditor with a judgment against a debtor corporation sought to compel testimony from a third-party entity with the same owner hoping to uncover information about the debtor corporation's assets. Recently, the Wisconsin Supreme Court ruled that such testimony could not be compelled.

March 21, 2012 – The State Bar of Wisconsin PINNACLE^® Litigation, Dispute Resolution & Appellate Practice Institute and the Real Estate and Business Law Institute plenary speakers address the importance of jury trials, how information technology continues to change the practice of law, and understanding what clients are experiencing in today's business environment. Both institutes are in Wisconsin Dells at the Chula Vista.

In Casper, the Wisconsin Supreme Court overruled existing state law to allow injured litigants to bring direct suits in Wisconsin courts against out-of-state insurance companies for a loss or injury that occurred in Wisconsin. The court also clarified considerations in seeking default judgments and confirmed that corporate officers may be held personally liable for their negligent acts.

Here are a few tips that in-house and transactional attorneys can use to improve boilerplate language of standardized form contracts. Although the author refers primarily to standardized sales contracts, many of the tips can improve almost any standardized forms.

Jan. 30, 2012 – A shareholder who claimed that seven corporate directors violated both federal and state law by failing to disclose material facts to investors before selling the corporation won’t get any damages, the U.S. Court of Appeals for the Seventh Circuit has ruled.

Feb. 1, 2012 – Employers have a duty to maintain a record of their employees' hours worked. In this article, labor and employment lawyer Troy Thompson explains why policing overtime policies and maintaining proper payroll records is important.

Feb. 1, 2012 – To start off 2012 on the right foot, now is a good time to advise business clients on a law concerning renewal and extension provisions in business contracts. In this article, Madison attorney Barbara Zabawa explains the law and who it impacts.

Jan. 18, 2012 – State Bar of Wisconsin PINNACLE^™ new release, Alcohol Beverages Regulation in Wisconsin, demystifies the complex skein of rules and legislation that regulate every aspect of the alcohol industry in Wisconsin, from production to purchase, from manufacture through taxation, transport, from storage to sale, up to and including who can buy it, how, and when.

Jan. 18, 2012 – Under a new Voluntary Classification Settlement Program, the Internal Revenue Service permits employers to reclassify independent contractors as employees with minimal costs. Wendy Richards and Sven Skillrud outline who is eligible for the program, the benefits of applying, and what to consider before applying to the program.

Dec. 20, 2011 – A three-judge panel for Seventh Circuit Court of Appeals recently "closed the book" on a years-long, multi-suit squabble between corporate officers, a corporate creditor, and a receiver appointed to preserve the corporation's assets for ultimate distribution.

2009 Wisconsin Act 90 bolsters Wisconsin's animal abuse and neglect laws by requiring dog breeders, animal shelters, rescues, and others involved in the care and custody of animals to obtain a license and meet state guidelines on animal treatment.

The federal government will again notify businesses when employees' SSN information appears incorrect.

Sept. 21, 2011 – The America Invents Act, signed Sept. 16, marks the biggest change to the U.S. patent system since the 1950s. In this article, intellectual property attorney Michael Cronin discusses some of the major changes, including the move to a "first-to-file" approach.

Sept. 2, 2011 – Wisconsin Dolls LLC, an adult-oriented resort facility in Wisconsin Dells, had a good thing going (in their view) until a new town clerk rolled into town.

Aug. 17, 2011 – In this video, Madison attorney Reginald A. Emshoff, Capital Valuation Group Inc., discusses the concerns and opportunities that commonly arise in buying and selling a business, including how to advise a client preparing to buy or sell a business.

Aug. 12, 2011 – Even if acting on behalf of the corporation, agents who engage in tortious conduct can be personally liable, the District II Wisconsin Court of Appeals recently clarified.

Aug. 3, 2011 – In this video, employment law attorney Luis Arroyo discusses to what degree an employer can monitor an employee's electronic activity, how such information can be used when making employment-related decisions, and how the employer can protect its information from disclosure.

Aug. 3, 2011 – Promoting diversity isn't just an altruistic endeavor. Law firms and corporations can benefit from legal perspectives that reflect diverse populations. Learn what diversity professionals are currently doing to promote diversity, and how the investment can pay off.

July 26, 2011 – The Wisconsin Supreme Court recently overturned prior case law that interpreted Wisconsin's direct action statute to require a liability insurance policy to be delivered or issued for delivery in the state for a party to sue an insurer directly.

July 20, 2011 – A not-for-profit outpatient medical clinic, located five miles from the hospital that owns it, is exempt from local property tax, the Wisconsin Supreme Court recently concluded.

To recover for an injury caused by a defective product, plaintiffs now must prove a manufacturer rejected a reasonable alternative design that would have reduced the foreseeable danger. In this video, available online with the July 2011 Wisconsin Lawyer, coauthor Jessica Ozalp explains that the adoption of this new test of defectiveness is among the biggest changes to Wisconsin’s products liability law.

July 11, 2011 – A class-action plaintiff suing numerous auto companies for conspiracy to price fix can’t include Nissan Japan, the parent company of a U.S. subsidiary with substantial contacts in Wisconsin.

July 7, 2011 – Despite an equity argument, the Wisconsin Supreme Court recently ruled that it was unlawful for one partner to draw a salary while keeping the business running after the other partner left.

June 21, 2011 – A corporate client sued its attorney for professional negligence after the court dismissed the client's construction defect lawsuit. Recently, the District II Wisconsin Court of Appeals ruled that issue preclusion did not apply to bar the attorney’s cross-claim for attorney's fees.

June 15, 2011 – Attorneys who represent plaintiffs and employers in employment discrimination claims, and human resources professional responsible for fair employment policies have relied on State Bar of Wisconsin PINNACLE™ Wisconsin Employment Law for 17 years. The recently released fourth edition includes the most recent developments in statutory and case law, and is supplemented regularly.

June 10, 2011 – Gov. Scott Walker's catch phrase "open for business" was the underlying theme of presentations today by secretaries of the Department of Transportation, the Department of Natural Resources, and a representative for the Department of Commerce.

June 9, 2011 – What happens when privacy clashes with free speech? Jeffrey Rosen, professor of law at George Washington University, talked about protecting reputations in a digital world - as well as other topics concerning privacy issues and employers - today at the State Bar of Wisconsin PINNACLE's Real Estate and Business Law Institute.

Employers that hire independent contractors generally are not liable for injuries to the contractor's employees, unless the injury was caused by the hiring party's affirmative act of negligence or occurred while the employee was engaged in an extrahazardous activity. Tatera v. FMC Corp. makes clear that plaintiffs face high barriers to satisfying either of these prerequisites to recovery.

May 4, 2011 – Twenty-three counties offer e-recording for submitting documents electronically to the Register of Deeds, but less than half are using the service, at least in Milwaukee County. According to experts, e-recording is the best and most efficient way to avoid priority issues.

April 25, 2011 – The Wisconsin Supreme Court accepted review of six new cases, including one that asks the court to decide whether appeals court judges violate due process by sanctioning lawyers for allegedly filing false certifications regarding an appendix to an appellate brief.

April 6, 2011 — U.W. Law School's Law and Entrepreneurship Clinic helps start-up businesses enter the marketplace, provides practical experience to law students, and involves the private bar in the preparation of new lawyers while meeting their pro bono goals.

March 2, 2011 – The Wisconsin Supreme Court's recent 3-3 split in a lawsuit against corporate officers means a $6.5 million jury verdict against them will not stand and a corporation's creditors still have limited power to sue officers and directors who breach fiduciary duties.

Dramatic changes in the federal estate, gift, and generation-skipping taxes occurred in December 2010. But unless congress extends them, the changes will expire at the end of 2012 and will revert to the federal law in place in 2001. This uncertainty makes estate planning even more challenging. Here is a look at the federal changes and the current state of Wisconsin's estate and gift taxes.

Feb. 24, 2011 – A tavern owner has a duty to protect members of the public while "on the premises." A tavern parking lot is considered part of the premises even if the tavern does not own the parking lot, the District III Wisconsin Court of Appeals recently held.

Feb. 10, 2011 – Under an asset purchase agreement, the purchasing entity did not assume liability for products manufactured before the creation of a specific division, the District I Wisconsin Appeals Court recently concluded.

There’s a little bit of relief for just about every taxpayer in the 2010 Tax Relief Act, including small and family businesses, working individuals, and wealthy people with substantial estates. The law contains several unique, limited-term planning opportunities but is fraught with peril for those who neglect the details.

Jan. 20, 2011 – A panel for the U.S. Court of Appeals for the Seventh Circuit recently concluded that Richard McDonald's former girlfriend could not claim the proceeds of a $1 million life insurance policy on McDonald's life because McDonald was not the owner of the policy.

Dec. 17, 2010 – A limited partnership that claimed property sale prices in Milwaukee were inflated to account for "creative financing" in sale-leaseback transactions recently lost its appeals fight for tax refunds assessed by the City of Milwaukee.

Dec. 9, 2010 – To ascertain the existence of a judgment debtor’s assets, circuit courts and court commissioners have authority to compel supplemental examination of a corporate entity’s books and records if the entity shares common ownership with the judgment debtor.

Attorneys must be as cautious as any other businesspeople when discussing competitively sensitive information. Generally, avoid discussing other lawyers' fees for legal services. The risks of running afoul of federal and state antitrust laws are high.

Oct. 27, 2010 – The District I Wisconsin appeals court recently nailed a limited liability company that commenced litigation to challenge a prepayment penalty fee of $1.6 million despite a lender’s offer to reduce the fee to accommodate the company.

Oct. 20, 2010 – State Bar of Wisconsin PINNACLE™ codebooks put relevant law at your fingertips, in your briefcase, or at your desk. Each codebook contains the critical statutes, regulations, and other materials for specific areas of law, in easily managed paperbound volumes. Discounted member prices range from $4.50 to $23.75.

Oct. 13, 2010 – Among the 18 new cases slated for review by the Wisconsin Supreme Court is a high-profile case in which the court will decide whether sentencing a 14-year-old to life imprisonment constitutes cruel and unusual punishment.

When directors and majority shareholders in control of closely-held corporations commit unlawful or oppressive acts, the minority shareholders have various remedies. In Notz v. Everett Smith Group Ltd., the Wisconsin Supreme Court held that a minority shareholder could pursue such remedies following a merger that forced him out.

Secret offshore accounts – especially Swiss bank accounts – have a certain cachet, having become synonymous with glamour, financial sophistication, and international intrigue. Following the U.S. Justice Department’s 2009 settlement with the United Bank of Switzerland, increased state and federal enforcement efforts against such accounts might dampen their allure.

Following the U.S. Supreme Court decision in Granholm v. Heald striking down state efforts to stem the cross-border flow of wine, even sober minds are challenged to understand the degree to which the dormant Commerce Clause limits state discretion in regulating alcohol-beverage distribution. Despite lower-court decisions interpreting, and legislative responses to, the Granholm decision, questions remain.

In Farmers Automobile Insurance Ass’n v. Union Pacific Railway Co., the Wisconsin Supreme Court set forth the standard for vacating or modifying insurance policy appraisal provisions used to set value for claimed losses. The court also tackled discovery and standard of review issues.

Feb. 1, 2010 – The Wisconsin Court of Appeals urged the state supreme court to revisit its 2004 decision that prevents creditors from suing officers and directors for their mismanagement of an insolvent corporation.

Dec. 8, 2009 – The Wisconsin Court of Appeals said an employee could be considered “key” to the employer’s business so that the employee breaches a duty of loyalty by harming the employer’s interests while performing assigned job tasks.

In determining the enforceability of restrictive covenants in Star Direct, the Wisconsin Supreme Court’s holdings and approach appear to be inconsistent with the long-standing test and rules for making such determinations. The Star Direct court’s approach relaxes the hostility with which such anticompetitive provisions have traditionally been viewed by Wisconsin courts.

At a time of economic upheaval, reworking distribution systems may seem like a prudent idea. However, care must be taken to determine whether the Wisconsin Fair Dealership Law applies to the parties and to the proposed change. If the WFDL does apply on both counts, then the change must be essential, reasonable, and nondiscriminatory.

Every recession creates buying opportunities, such as acquiring a properly priced condominium project. Lawyers for prospective new owners of such projects can play key roles in reducing the buyer’s risk, increasing the project’s value, and setting the project on the right course economically. Here is a look at the significant legal issues.

The Wisconsin Uniform Securities Act (WUSA), which became effective on Jan. 1, 2009, clarifies what is a security, modifies how securities professionals are regulated in Wisconsin, and significantly expands the Division of Securities’ enforcement powers. Attorneys representing Wisconsin-based businesses need to be aware of these and other key issues resulting from the adoption of the WUSA.

2009 Wisconsin Act 20, effective July 1, 2009, expands Wisconsin’s Fair Employment Law to make available compensatory and punitive damages for employment discrimination, unfair genetic testing, and unfair honesty testing in an employment setting. These damages are in addition to other remedies available under the Fair Employment Law. Act 20 more closely aligns Wisconsin’s Fair Employment Law with Title VII of the federal Civil Rights Act of 1964, as amended.

Business attorneys and their clients should be proactive to avoid protracted litigation of WFEA claims under the new provisions of 2009 Wisconsin Act 20.

The WFEA falls short by requiring employees to exhaust all administrative steps before taking their cases into state courts, adding years to the process and requiring employees to essentially retry their cases.

July 14, 2009 – Justices agree that lead in lead paint cannot be a design defect. But the court divided over whether the question is properly resolved according to Wisconsin’s continued reliance upon Restatement (Second) of Torts or whether it is time to embrace the third Restatement.

June 17, 2009 – In the midst of economic downturn and national focus on alleged lending abuses by banks, credit card issuers have been raising interest rates and fees for many borrows. This article examines the legal framework of credit card interest rates and fees, developments in federal legislation, and impediments to effective state regulation.

June 11, 2009 - Even when corporate entities are closely related, one business may lack standing to sue another for the harmful effects of its actions. Also, justices argue over whether embezzlement primarily injures the corporation or the shareholder.

Employers must find creative and effective ways to keep and motivate top employees, which can be especially challenging during an economic downturn when bonus dollars may be tight. Here are some practical methods – and their compensation compliance issues – that attorneys can discuss with the business clients.

June 3, 2009 – With the economic recession deepening, businesses are feeling intense pressure to cut costs. Temporary or permanent layoffs, also known as Reductions in Force, or RIFs, are difficult alternatives some companies are forced to accept. Carrying out RIFs can be tricky. Missteps may give rise to discrimination claims, back-pay liability, and other issues. John D. Finerty Jr. summarizes the many considerations that go into making this decision.

Opening a liquor store, tavern, or nightclub offers many risks and rewards for entrepreneurs in Wisconsin. Here’s what you need to know about the liquor licensing process to provide your clients the professional guidance they need before, during, and after the license-application process to improve their chances for long-term success in their business ventures.

Gold is gold is gold is gold; as a commodity, the only reason to buy gold of the same purity from one trader instead of another is price. Many consumers now think of some legal services – such as uncontested divorce agreements, wills, and business formation documents, all available inexpensively on the Web – as commodities differentiated only by price. Before more legal services become commodities, learn how business model innovation can differentiate your law practice from others. You’ll not only prote

May 6, 2009 – Last year’s rampant flooding in Wisconsin pointed out a need that this program is designed to meet. Attend an afternoon of free training from 12:30 to 4:10 p.m. on May 21 in Madison to educate lawyers about common legal issues faced by victims of a natural disaster. Hear legal services professionals from the Federal Emergency Management Agency (FEMA), representatives from the Department of Agriculture, Trade and Consumer Protection, as well as private practitioners discuss how disasters af

April 29, 2009 – A divided Wisconsin Supreme Court dissects an alleged scheme of majority shareholders to freeze out the minority to find which claims may only be brought on behalf of the corporation itself. The dissenters accused the majority of providing no clear basis for its distinctions.

April 15, 2009 – The next time you plan to attend a State Bar seminar, you can add it to your electronic calendar when you register by using WisBar’s new “Add to My Calendar” feature. Once you have registered, click the “Add to My Calendar” hyperlink. You will receive an email notification of your event with instructions on how to save the event to your electronic calendar. The feature works for Outlook and Google users.

Apirl 15, 2009 – Did you know that the State Bar of Wisconsin is the official record keeper for agencies that regulate the practice of law in Wisconsin? That means, when your State Bar member record is out of date or incorrect, it affects more than just the Bar. It could affect communications from the Wisconsin Office of Lawyer Regulation, Board of Bar Examiners, and Wisconsin Supreme Court.

April 15, 2009 – As every lawyer knows, business representation crosses into nearly every practice area, yet clients expect their lawyers to deal with every issue quickly and confidently. Every lawyer also understands that problems seldom arrive in neatly organized packages. For that reason CLE Books, in cooperation with the State Bar of Wisconsin’s Business Law Section, created The Wisconsin Business Advisor Series. Each volume provides fast and reliable solutions to business law problems.

April 15, 2009 – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective ways to connect with paying clients more important than ever.

April 15, 2009 – The State Bar Practice411™ Breakfast & Business: Eggs, Ethics and Answers series will be presented on April 22 in Platteville and June 17 in Pembine. Pembine program information is not yet available. Pembine is conveniently located about an hour and a half from Rhinelander, Green Bay, and Marinette, and about a half hour from Iron Mountain, Mich. Both seminars, presented in two sessions, will begin with a hot breakfast at 8:15 a.m. and conclude at 11:15 a.m.

The American Recovery and Reinvestment Act of 2009 makes more than 300 changes to the Internal Revenue Code to provide nearly $300 billion in tax relief and other benefits to individuals, businesses, the environment, and state governments. This summary of the Act’s fundamental tax law changes provides attorneys with the working knowledge they need to advise their clients about the Act’s provisions.

April 1, 2009 – The Federal Trade Commission will begin enforcing a new anti-identity theft rule on May 1. The rule applies to most businesses, including lawyers who bill their clients after services have been rendered.

April 1, 2009 – On Feb. 19, 2009, Gov. Jim Doyle signed into law 2009 Wisconsin Act 2, also known as the Wisconsin “Economic Stimulus” or “Budget Repair” Bill. The legislation increases a variety of taxes and makes extensive changes to Wisconsin’s corporate income, franchise, and sales and use tax systems.

March 18, 2009, – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective resources to connect with paying clients more important than ever.

Given the number of current climate laws or initiatives in Wisconsin and other states aimed at regulating greenhouse-gas emissions and developing “green technologies,” and the high probability of sweeping federal government action within the next few years, lawyers should stay at the forefront of this rising legal practice area.

If a limited liability company faces litigation, its nonlawyer members risk violating the unauthorized-practice-of-law statute if they try to represent the entity and face losing limited liability protection for the LLC’s liabilities. As more businesses form as LLCs, and as more litigation involving LLCs ensues, lawyers must develop strategies to both serve their clients and deal ethically with nonlawyer "representatives."

Recent appellate opinions have clarified Wisconsin’s open government laws as applied to economic development issues. By following the public records and open meetings laws, and by understanding when the very limited exceptions may apply, the public, local governments, and developers can all reap the benefits of economic development.

Believing that well-governed nonprofit organizations better benefit the groups they serve and are more likely to comply with tax laws, the IRS has redesigned the Form 990 tax return for nonprofit entities to include specific governance controls to show quality management and transparent operations. Starting with the 2008 tax year, the IRS is phasing in the new form over three years.

Beginning Jan. 20, all non-immigrant visa applicants with an appointment at the United States Consulate General in Ciudad Juarez, Mexico will be required to use the DS-160 electronic NIV application form available at https://ceac.state.gov/genniv, according to the consulate.

By clarifying and expanding key terms, Congress intends the ADA Amendments Act of 2008 to restore the ADA as a clear and comprehensive national mandate for eliminating discrimination against a broadly defined class of disabled individuals. Read how the Act alters the scope of the ADA in the workplace, effective Jan. 1, 2009.

The Genetic Information Nondiscrimination Act of 2008 prohibits health insurance and employment discrimination based on a person’s genetic information. Although the Act allows use of genetic testing and information for specific, limited purposes, questions remain whether government and research institutions can safely regulate genetic tests and safeguard large databases of genetic information. The Act’s health insurance provisions become effective in May 2009 and the employment provisions in November 20

Wisconsin’s Deceptive Trade Practices Act prohibits untrue, deceptive, or misleading representations in the sale of goods and services to the public. Although the law was enacted almost a century ago to target false print advertising, it effectively affords remedies for wrongful trade practices in the modern age. The Wisconsin Supreme Court has recently decided several important issues arising out of the Act’s application in the ever-changing business and consumer world.

The authors highlight several recent cases and statutes they believe reflect the most important developments affecting limited liability companies.

Generally speaking, the terms and provisions of the standardized commercial offer to purchase form create a contract with broad representations, limited contingencies, and unlimited remedies. Here are some of the issues parties should consider when using the commercial offer to purchase form.

Unique issues arise when a business owner is a party in a divorce action, including valuing the business and determining income available for support or maintenance. Here is a basic overview of the issues for attorneys representing either the business owner or the nonmanaging spouse.

Large and complex construction claims cases often involve 20 or more parties, millions of dollars in claims, complicated factual and legal issues, intricate insurance coverage questions, a host of conflicting motivations and perspectives, and often occur while construction is ongoing. Here are some broad lessons learned from mediating complex multiparty cases.

Employers should take care when discharging disabled employees under a no-fault attendance policy. To effectively counsel their business clients, attorneys need to know why the Wisconsin Supreme Court recently awarded a disabled employee the maximum remedy under the Wisconsin Fair Employment Act for an employer’s discriminatory application of a no-fault attendance policy.

Many businesses hesitate to provide information about their former employees to prospective employers because of the threat of potential lawsuits. Lawyers should understand the legal issues underlying employment reference checks to help their business clients establish best practices.

Every business engaged in Internet commerce or using a Web site to collect personal information – not just those businesses subject to financial services industry regulations – must comply with the Federal Trade Commission rules governing the use and protection of personal information. Failure to comply can be very costly.

The foundation for introducing computer-generated records into evidence is different than that for the familiar business records exception, but it is not necessarily more difficult. Read how the process works, establishes authenticity, and produces reliable results.

The rise in family responsibility and caregiver discrimination claims attests to the struggle to balance family and work life amid the changing demographics of the American workplace. Because these claims likely will increase, lawyers need to recognize potential claims and advise their business clients appropriately.

Oversight of information technology, as a strategic business asset, is squarely within the board of directors’ role to provide strategic vision and a check on the CEO’s vision and plans. Read why boards must provide greater oversight of information technology, data privacy, and data security and how they can do so.

Contamination legal liability policies represent an important hedging option for environmental contamination risk that business lawyers should consider for their clients that face environmental risk situations. Learn about potential uses of these new insurance policies, legal pitfalls for unwary clients, and areas that lawyers should address in negotiations leading to the purchase of these products.

In the business sense, competitive intelligence is information about the external business environment that can affect a company's plans, decisions, and operations. Taken further, competitive intelligence is information about parties to a legal matter that can be useful in determining strategy in just about any lawyer's practice area.

New SEC rules effective Dec. 15, 2006, require publicly traded companies to disclose executive compensation in tabular form with explanations in clear English narrative.

Wisconsin Lawyer

Wisconsin Lawyer

Creditors now can declare consumers in default and repossess motorvehicles without court intervention. The enactment in April 2006 of 2005 Wis. Act 255 puts creditors firmly in the driver's seat and leaves consumers waving goodbye to their vehicles and consumer protections.

The Wisconsin Supreme Court's opinion in Borst v. Allstate Insurance Co. has clarified several ill-defined aspects of the arbitration process, including the role of party-appointed arbitrators, the right of parties to seek equitable relief due to arbitrator partiality, and the taking of discovery.

The Wisconsin Supreme Court's recent decision in Wisconsin Auto Title Loans Inc. v. Jones may have sounded the death knell of forced arbitration of consumer debt disputes in Wisconsin.

More than 5,300 lawyers, judges, law office support staff, and court personnel subscribe to the State Bar's CaseLaw Express. This free weekly email service keeps members abreast of recent cases that have been added to WisBar's case law archives. Recently redesigned, the new format is easier to scan, saving subscribers valuable time.

"Green building" - the incorporation of construction practices and standards that maximize human health and economic return and minimize negative environmental consequences - will have wide-ranging impacts on many clients.

Lawyers will need to help their business clients understand what obligations employers have under both Wisconsin and federal law to reemploy those employees who are returning from military service.

2005 Wisconsin Act 87, revising Wis. Stat. chapter 452, recognizes modern practice methods in real estate services and attempts to regulate them while facilitating the broker's effort to deliver efficient services to meet consumer demands.

The Deficit Reduction Act of 2005 makes significant changes to medical assistance (MA) planning, such that techniques lawyers commonly use to help clients obtain MA eligibility, while protecting assets, will no longer work. Wisconsin law is certain to change to conform to the Act, but when and how it will change is not yet known.

Developer-funded tax incremental financing eliminates a municipality's risk that the tax incremental district will fail and offers developers a means of increasing project costs paid by the municipality. Lawyers can help their developer and municipal clients identify when financial and development conditions are right to structure these.

The terms of a covenant not to compete in the employment context are critical to its enforceability. An excellent resource to help you become familiar with noncompete cases and covenant terms is chapter 15, "Post Employment Competition," in Wisconsin Employment Law, published by the State Bar of Wisconsin (3rd Edition, 2004). Follow these steps when drafting covenants not to compete in the employment context.

A buyer of a business often will want to prevent the seller from competing with the buyer, and employers often want to prevent employees from using resources and information gained from the employer in competing against the employer. Read about the characteristics of each form of covenant, and learn how Wisconsin law affects the enforceability of such agreements.

Wisconsin's counterclaim statute says counterclaims may be brought, but the supreme court in A.B.C.G. said counterclaims must be brought for certain claims. A rule change to clarify when a counterclaim is compulsory would help litigants avoid the soup of uncertainty.

Business Lawyers can provide pro bono service in their practice areas through two programs.

The armor of personal immunity generally shields people doing business as a "corporation" from corporate obligations. But the protection may be pierced, and personal liability imposed, under certain circumstances.

Glossary of key international law key terms.

In three cases decided in July 2005, the Wisconsin Supreme Court revisited the economic loss doctrine, carving out exceptions to its application on three discrete issues. The authors say that, even with these three new cases, there remains no more clarity for consumers and their lawyers than before, which leaves the door open to still more litigation.

Before it will act, the Wisconsin Supreme Court wants the State Bar of Wisconsin to gather demonstrable evidence that additional regulation of the unauthorized practice of law is needed. The court recently asked lawyers for quantifiable evidence not only of the harm inflicted on the public when nonlawyers practice law but also of the nature and extent of the harm. Members should submit data by Dec. 31.

New Green Tier legislation promotes and rewards environmental performance while providing regulatory flexibility on everything from land development to manufacturing. Help your business, industry, or municipal clients determine if participating in this voluntary program is right for them.

The Wisconsin Supreme Court's decision in Gottsacker v. Monnier sets a clear rule of law that material conflicts of interest do not preclude a member of a Wisconsin limited liability company (LLC) from voting his or her interest in the LLC.1 The question is how to apply this rule to conflict of interest transactions for corporations and LLCs. The answer may lie in the questions from the bench during the Jan. 14, 2005, supreme court oral argument.

In Gottsacker v. Monnier, the first limited liability company case to reach the Wisconsin Supreme Court, the court included in its decision a lengthy discussion of how LLCs work, touching on the technical details and policies behind the law. The decision offers guidance and practical advice to attorneys drafting LLC agreements for their business clients.

As Wisconsin's presence in the global economy grows, lawyers representing clients in international commerce, and lawyers involved in resolving international commercial disputes, must be prepared to operate under a body of law that differs from the more familiar Uniform Commercial Code.

On July 7, the Wisconsin Supreme Court ordered all custodial interrogations of juveniles in future cases be electronically recorded when feasible, and without exception when questioning occurs at a place of detention. The decision would make any unrecorded interrogations and any written confessions of a juvenile that are not accompanied by recorded interrogations inadmissible as evidence in court.

Wisconsin's congressional delegation worked together to write provisions protecting employee benefit plans that are part of the Bankruptcy Abuse and Consumer Protection Act of 2005.

The bankruptcy Abuse Prevention and Consumer PRotection Act of 2005 makes more than 150 significant amendments to the U.S. Bankruptcy Code, changing the protections offered to credit consumers.

Space does not permit a more complete discussion, but the holdings of these other informative cases are summarized below.

Recent court decisions seem to indicate that there is a concerted effort to rethink the economic loss doctrine. Is the Wisconsin Supreme Court ready to articulate an economic loss doctrine with a well-defined and logical reach?

Money paid by a property owner to a contractor on a construction project constitutes a trust fund until all legitimate claims for labor and materials are paid. Misappropriation of the funds is theft by contractor.

Determining if mediation is the best method to resolve a business dispute requires a structured examination of several factors from many vantage points. Read how the nature of the parties and their relationship, the interests of concern to each party, the issues involved in the dispute, and the outcomes desired by the parties can inform the decision to mediate.

The live 10th Annual Advanced Worker's Compensation Symposium, on Feb. 4 in Waukesha, from 8 a.m. to 12:30 p.m., features doctors and lawyers examining medical issues seen in worker's compensation cases. Tackling four topics, each presentation will focus on a class of injury and highlight effective techniques for addressing these injuries.

In Central Corp. v. Research Products, the Wisconsin Supreme Court promoted a multifaceted approach to determine "community of interest" under the Wisconsin Fair Dealership Law.

The Fall 2004 Ethics Telephone Seminars series on Nov. 17 and Dec. 2, 10, 15, and 22, from 12 p.m. to 1 p.m. (CST), features a different topic weekly: "Communications with and Duties to Prospective Clients," "Wisconsin's New Trust Account Rule," "Identifying and Handling Conflicts of Interest with Former and Current Clients," "Collection of Fees and Procedures for Handling Conflicts of Interest with Former and Current Clients," and "Update on Rule Changes to

While the ADA offers more expansive remedies, the WFEA provides broader rights and protections to workers with disabilities.

Intellectual property crimes committed via computer pose serious threats and compliance challenges. How will you respond if a cyber-savvy IP criminal strikes your client?

Wisconsin Supreme Court decisions in two recent cases clarify that an employee's inability to adequately undertake his or her job-related responsibilities will not be sufficient justification under the WFEA for denying a requested accommodation. The decisions raise more questions than they answer - leading the way to more litigation.

Representatives from the Wisconsin Departments of Natural Resources and Justice and the Milwaukee Metropolitan Sewerage District and experienced environmental law practitioners will share their perspectives in a comprehensive treatment of the latest issues in environmental law during the 16th Annual Environmental Law Update.

By reducing regulatory burdens and accelerating navigable waters and air permit approvals, the Jobs Creation Act should help Wisconsin businesses fulfill the Act's intended goal of creating more jobs while still protecting air and water resources.

Although the Sarbanes-Oxley Act does not directly affect financial reporting and corporate governance practices of private companies in the same extensive manner that it affects public companies, it could become the "best practices" standard for private companies. In many situations a private company could benefit from voluntarily adopting governance improvements.

The Build Your Practice: Choosing the Appropriate Business Entity - Understanding and Evaluating Your Options seminar will help lawyers give their business and corporate clients the best advice when selecting a business entity based on their client's particular specifications.

There are as many reasons to conduct investigative research on companies as there are places online to look. Here are a few places to start your search.

Soon-to-be introduced legislation revises chapter 180, Wisconsin's corporation law, to fix AN unintended result of the Next Economy Legislation, among other improvements in process and efficiency.

Recent changes to the Wisconsin Business Corporation Law impose three new requirements on Wisconsin businesses before property of a merging entity is vested in the surviving entity. Read about the interpretive difficulties that businesses will experience when attempting to comply with the statute due to drafting ambiguities and the consequences of noncompliance to businesses conducting mergers and acquisitions in Wisconsin.

Recent changes to the Wisconsin Business Corporation Law impose three new requirements on Wisconsin businesses before property of a merging entity is vested in the surviving entity. Read about the interpretive difficulties that businesses will experience when attempting to comply with the statute due to drafting ambiguities and the consequences of noncompliance to businesses conducting mergers and acquisitions in Wisconsin.

Whenever drafting licensing and dealer arrangements, cautious practitioners should consider whether the Wisconsin Franchise Investment and Fair Dealership laws apply. Both laws offer a potential trap for the unwary - the creation of an accidental franchise, with resulting severe penalties and restrictions.

Depending on the circumstance, companies that pay settlements to government agencies may be eligible for a tax deduction. Learn what circumstances may lead to a deduction and the attorney's role in drafting settlements with the tax issues in mind.

Kopke v. A. Hartrodt S.r.l. expands the jurisdictional reach of Wisconsin courts by subjecting foreign companies to jurisdiction if they could have known that the goods they handle could injure Wisconsin citizens. Kopke thereby signals the demise of "minimum contacts" as a check on the state's power to exercise jurisdiction over foreign defendants in the personal injury setting.

The ability of corporations to opt out of the public civil justice system by using mandatory arbitration clauses in consumer contracts poses a fundamental policy question for Congress and the courts. Still, there are ways to preserve clients' rights to have their day in court.

The Next Economy Legislation keeps Wisconsin at the forefront with its generally progressive and flexible business entity statutes. This legislation also clarifies and reforms Wisconsin's LLC Act, expands securities law provisions, and adopts several technical changes identified by the Department of Financial Institutions.

The Next Economy Legislation keeps Wisconsin at the forefront with its generally progressive and flexible business entity statutes. This legislation also clarifies and reforms Wisconsin's LLC Act, expands securities law provisions, and adopts several technical changes identified by the Department of Financial Institutions.

In most jurisdictions, a buyer is not required to rely on the underlying truth of a warranted fact in a contract for the sale of a business in order to maintain an action for a breach of an express warranty against the seller - even if the buyer knew of the breach before the sale closed. However, the issue is unsettled in Wisconsin.

Recently passed legislation is offered in response to member requests for more, although highly abbreviated, information on new Wisconsin laws.

The new privacy rules apply to health care providers and to third-party payers, ancillary businesses, and even attorneys who have access to protected health information in order to do work for covered entities.

The Next Economy Legislation provides greater flexibility for mergers and conversions of business entities, clarifies and reforms Wisconsin's Limited Liability Company Act, expands securities law provisions, and adopts several technical changes identified by the Department of Financial Institutions.

The Next Economy Legislation provides greater flexibility for mergers and conversions of business entities, clarifies and reforms Wisconsin's Limited Liability Company Act, expands securities law provisions, and adopts several technical changes identified by the Department of Financial Institutions.

Civil strategies for handling embezzlement cases encompass many issues and complications different from those involving proof of the act. This primer offers strategies for issues affecting the employer, the embezzler, and the embezzler's spouse.

Noncompete agreements expressly limit their reach to a particular geographic territory. In contrast, nonsolicitation agreements operationally limit their geographic scope by restricting competitive activities to certain customers of the employer. Wisconsin courts in Farm Credit Services of North Central Wisconsin v. Wysocki and Equity Enterprises Inc. v. Milosch have struggled with the geographic scope of nonsolicitation agreements, thus complicating the task of drafting enforceable restrictive covenant