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Category Archives: Business Litigation

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You Can Lead an Issuer to Rule 506(c), but You Can’t Make Them Advertise

Posted in Business Formation, Business Litigation, Operating a Business

This article was originally posted on the “State Bar of Wisconsin’s Business Law Section Blog,” and was written by Attorney Lindsay M. Fedler. Many people believe most capital is raised by companies (“Issuers”) making initial public offerings or trading on major exchanges such as the NYSE or NASDAQ. Notable 2017 examples include Snap! (parent company… Continue Reading

Business Docket Coming to a Courthouse Near You!

Posted in Business Litigation, Buying, Owning and Selling a Business, News and Recent Decisions, Operating a Business

The attorneys at Schober Schober & Mitchell, S.C. are excited about the recent news that a Commercial Court Docket (“CCD”) will be coming to circuit courts in the Fox Valley, as well as in Southeastern Wisconsin– right here in Waukesha County! On February 16, 2017, the Supreme Court of Wisconsin voted 5 to 2 to adopt… Continue Reading

How the Tom Brady Arbitration Decision Affects Your Business

Posted in Business Litigation, News and Recent Decisions, Operating a Business

For those of you who follow professional football, you are no doubt aware that Tom Brady, the 4-time Super Bowl winning Quarterback for the New England Patriots, recently came back from a suspension for (allegedly) deflating footballs. But why would I bring this up on our firm’s business law blog? Beside the implications for your fantasy… Continue Reading

The Secret is Out: Congress Enacts Federal Trade Secret Law to Protect American Businesses

Posted in Business Litigation, Buying, Owning and Selling a Business, Labor & Employment, News and Recent Decisions, Noncompete Agreements, Operating a Business

A long awaited Federal Law on trade secret misappropriation was signed into effect last month. The new law, titled the Federal Defend Trade Secrets Act, or “DTSA”, creates a Federal cause of action for businesses who own trade secrets against individuals who have misappropriated the business’ confidential information. The law creates a uniform definition of… Continue Reading

Wisconsin Senate Proposes Change to Non-Compete Law

Posted in Business Litigation, Noncompete Agreements, Operating a Business

The Wisconsin Senate recently passed a bill that would yet again fundamentally change the current state of Labor & Employment law in Wisconsin. The bill still requires Assembly approval and the Governor’s signature. Senate Bill 69 repeals current Wisconsin Statute section 103.465, which governs the enforceability of non-compete agreements in employment contracts. The bill would… Continue Reading

Dropbox Passwords Hacked

Posted in Business Formation, Business Litigation, Buying, Owning and Selling a Business, News and Recent Decisions, Operating a Business, Other Legal Issues, Technology Related Topics

We learned this morning about another data breach, this time relating to the widely used Cloud Service called Dropbox. Steve Kovach, of BusinessInsider.com reported yesterday that over 7 million Dropbox passwords have been compromised. After the Target, Home Depot and other recent breaches, this isn’t a big surprise. However, since many lawyers use dropbox to share… Continue Reading

Supreme Court’s Decision on Arbitration of Noncompetes

Posted in Business Litigation, Noncompete Agreements, Other Legal Issues

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 of… Continue Reading

Inverse Condemnation Available for Allowing Flights Overhead

Posted in Business Litigation, Real Estate

The Wisconsin Supreme Court in Brenner v. New Richmond Regional Airport Commission 2012 WI 98 (July 17, 2012) reversed a circuit court decision dismissing inverse condemnation claims made by property owners abutting a municipal airport due to the effect of flights of private aircraft over their properties resulting from the extension of runways at the… Continue Reading

Searching for Assets

Posted in Business Litigation

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… Continue Reading

New Decision on Corporate Officer Liability and Direct Action Against Insurer

Posted in Business Litigation, News and Recent Decisions

A recent Wisconsin Supreme Court decision has significant implications regarding liability of corporate officers for negligence, and direct actions against insurance company. Casper v. American International South Ins. Co, 2011 WI 81 involves an automobile accident caused by an employee of trucking companies who was under the influence of prescription drugs at the time of… Continue Reading

Personal Jurisdiction Cannot be Based on Agency Alone

Posted in Business Litigation

In a recent decision, Rassmussen v. General Motors Corp., 2011 WI 52 (July 11, 2011), the Wisconsin Supreme Court held that personal jurisdiction of a defendant under Wisconsin’s "long-arm statute" cannot be based merely on its agency relationship with an entity having sufficient contacts with the state. The Court was addressing a class action suit brought… Continue Reading

Significant Changes Made by Wisconsin Tort Reform Law

Posted in Business Litigation, News and Recent Decisions

Wisconsin tort law has been substantially modified through the passage of 2011 Wisconsin Act 2, which became effective on February 1, 2011.  The changes made by this Act benefit businesses in several respects, particularly in the area of product liability. Sellers and distributors of products are now exposed to liability for product defects only if… Continue Reading

Fiduciary Duties Owed Creditors

Posted in Business Litigation

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… Continue Reading

Records of Companies Related to Judgment Debtor may be Reviewed by Creditor

Posted in Business Litigation

Judgment creditors in Wisconsin have the right to a supplemental examination of their judgment debtors to obtain information regarding their collectable assets.  This examination may require the debtors to produce records for inspection by the creditor. In Crown Castle USA, Inc. v. Orion Logistics, LLC, 2009AP3029 (December 7, 2010), an opinion recommended for publication, the… Continue Reading

Damages for Insurer’s Failure to Defend

Posted in Business Litigation

A decision of the District Court for the Eastern District of Wisconsin has serious implications regarding the amount of damages payable where an insurance company breaches its duty to defend its insured from claims made against it. Wisconsin law provides that an insurance company is obligated to defend its insured from legal action even if… Continue Reading