Robert Sullivan

Subscribe to Robert Sullivan's Posts
Contact:Read more about Robert Sullivan

Noncompetes are generally thought of as unique agreements given the varying way states view the restrictive covenants imposed on employees by such agreements. The U.S. Supreme Court recently clarified that that Federal Arbitration Act, 9 U. S. C. §1 et seq., requires arbitration, not litigation, as the proper dispute resolution method for determining enforceability…

The owners in many new business ventures bring different assets to the table. Often one partner may have significant cash and another has certain skills that are essential for the success of the new venture. In these situations, it is important to consider tax issues when granting the service provider with an owneship interest in the…

Obtaining a court judgment against a debtor corporation is only the first step in the collection process. Finding assets to satisfy that judgment is generally the more time consuming and difficult step. Often, the first step in the search is having a representative of the debtor corporation testify under oath at a supplemental hearing to…

It is common in exclusive real estate listing contracts for agents to include provisions regarding "Protected Buyers." Included in many standard Wisconsin listing contracts is a clause that a "Protected Buyer" includes a potential buyer who "negotiates directly with Seller by discussing the potential terms upon which the buyer might acquire an interest in the Property." Subject to…

The general rule in Wisconsin is: (a) 　Courts will literally interpret unambiguous contracts; and (b) extrinsic evidence will be used to interpret ambiguous contracts. A recent appellate court decision applied this general rule with respect to noncompete agreements holding that the trial court’s finding that the noncompete was ambiguous was, without additional findings, not enough to find

…

Wisconsin’s Supreme Court 3-3 split in Polsky v. Virnich keeps Wisconsin’s unique view on fiduciary duties owed creditors by closely held corporations in place. In summary, officers and directors do not owe a fiduciary duty to creditors unless the company is BOTH: (a) insolvent; and (b) not a "going concern." Most jurisdictions do not have…

About a year ago I posted on fired Kentucky coach Billy Gillespie’s claims against the school related to their alleged failure to honor a letter of intent. Now, former UK coach Tubby Smith is on the losing end of a lawsuit involving somewhat similar legal theories.    Apparently, the plaintiff quit his job based on representations…