Most courts have held that financial disincentive provisions in law firm partnership agreements are invalid, because they restrict competition. A few courts have decided the other way. These provisions have been the subject of increasing litigation nationwide, but Wisconsin appellate courts have yet to weigh in.

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.