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Category Archives: News and Recent Decisions

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Key Employee Non-Competes: Strategies for Enforceability

Posted in Buying, Owning and Selling a Business, News and Recent Decisions, Noncompete Agreements

For many business owners, retaining key employees is a paramount concern of running their business. Employers often have invested a significant amount of training, heavily rely upon their key employees for revenue and business operations, and, in many cases, the employee is a likely candidate to take over the business. Beyond these reasons, a business owner… 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

Federal “Right to Yelp” Law Enacted

Posted in News and Recent Decisions, Operating a Business, Technology Related Topics

Effective March 14, 2017, consumers will have what is being called by some, a “Right to Yelp”. The Consumer Review Fairness Act of 2016 (“CRFA”) was enacted in December 2016, and prohibits businesses from inserting provisions into customer contracts that prohibit the customer from giving a derogatory online review about the business. These provisions have been termed anti-derogatory… 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

We’re Headed to Overtime!

Posted in News and Recent Decisions, Operating a Business

Time is running out to plan for some big changes in overtime pay law. Last summer we wrote about a proposed “modernization” in the Department of Labor’s overtime pay rules. The rule has now gone through the required commentary period, and will now be effective December 1, 2016. Currently, overtime law allows employers to be… Continue Reading

Employment Law Update: Wisconsin Court Invalidates Non-Solicitation Agreement

Posted in Labor & Employment, News and Recent Decisions, Noncompete Agreements

In the spirit of Labor Day, I thought both employees and business owners in Wisconsin should know about a recent decision on restrictive covenants from the Wisconsin Court of Appeals. The case is important for you or your business because it affects whether certain employer-employee agreements are actually enforceable. Many Wisconsin employer-employee relationships are governed… Continue Reading

Wisconsin Foreclosure Law Aimed to Prevent the Zombie Property Apocalypse

Posted in News and Recent Decisions, Other Legal Issues, Real Estate

I’ve never really gotten on the Zombie movie and TV show bandwagon. I think it’s because they’re just so far-fetched, that it’s difficult for me to buy into the premise. When it comes to the reality of the Zombie Property Apocalypse though, it’s a completely different story. You may have read or heard about “Zombie Properties” in the… Continue Reading

A Post Worth Sharing: How Wisconsin’s Digital Property Act Impacts Your Online Accounts

Posted in News and Recent Decisions, Other Legal Issues, Technology Related Topics

It’s incredible how much time we spend online. I recently read an article that the average person has close to 100 online accounts; whether it be social media accounts like Facebook, Twitter, or Instagram, other applications like Gmail and Amazon, online bank accounts, and yes, even the Pokemon Go app. Generally, posts, emails and other content contained… 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

Fifth Circuit Rules that a C-Corporation’s S-Corp Affiliate’s Rents Cannot be Classified as Passive Income (Section 469)

Posted in Business Formation, News and Recent Decisions, Operating a Business, Real Estate, Tax

A Federal Appeals Court ruled earlier this month that an S-Corporation’s rental income from a lease agreement with a C-Corporation with entirely common ownership with the S-Corp, could not be classified as passive activity income, and therefore could not offset the individual’s passive activity losses. Internal Revenue Code section 469 was passed in the 1980s… Continue Reading

Change in Federal Overtime Law on the Horizon

Posted in Labor & Employment, News and Recent Decisions, Operating a Business

Employers, you may soon be required to dish out more overtime pay to your employees. On June 30, 2015, the Department of Labor released their plan to “modernize” the Fair Labor Standards Act’s overtime pay rules for salaried employees. Currently, employers are only required to pay time-and-one-half to “white-collar” salaried employees that make $23,660 or… 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

Obamacare: What To Do if You Are About to Lose Your State Assisted Insurance In Wisconsin (HIRSP, Badgercare, Medicaid)

Posted in News and Recent Decisions, Other Legal Issues

The Wisconsin legislature had originally reacted to Obamacare by deciding to shift the burden of providing health coverage for government dependent people to those plans that would become available on the exchanges, with many of these people qualifying for subsidies. Unfortunately, with the poor roll out of Obamacare, many people do not know what is going to… Continue Reading

Temporarily Avoiding the Cliff: Congress reaches deal that will fund U.S. Government for 6 months

Posted in News and Recent Decisions, Uncategorized

Through use of a Congressional budget tool called a “continuing resolution,” leaders of the U.S. Congress reached a deal yesterday that would fund the United States Government for part of the upcoming 2013 Congressional fiscal year (the entire Congressional fiscal year 2013 is October, 2012 through September, 2013).  Funding under the continuing resolution would be from  October 1, 2012… Continue Reading

U.S. Supreme Court upholds the central foundations of Obama’s Health Care Reform Law

Posted in News and Recent Decisions

In a historic 5-4 decision this morning, with the conservative Chief Justice, John Roberts, the deciding swing vote, the United States Supreme Court has upheld the central provisions of the controversial Health Care Reform law known as the Affordable Care Act or commonly as “Obamacare.”   The heart of the Affordable Care Act is the federal mandate… Continue Reading

Voluntary Quit for Unemployment Compensation Purposes

Posted in News and Recent Decisions

Generally, an employee who voluntarily terminates employment is not eligible for unemployment compensation.  However, this is not the case where an employee quits due to "good cause attributable to the employer." In Kierstead v. LIRC, 2011AP938 (April 3, 2012), the Court of Appeals clarified the law regarding what constitues such "good cause."  In that case,… Continue Reading

Payroll Tax Cut Extension Signed into Law

Posted in News and Recent Decisions

PAYROLL TAX CUT EXTENSION PASSES On February 22, 2012, the President signed into law the Middle Class Tax Relief and Job Creation Act. Under this new law, the payroll tax cut was extended until the December 31, 2012 which means that: ·        For employees: the Social Security portion of the payroll tax will stay at 4.2% through… Continue Reading

New IRS Notice on Tax Treatment of Employee Cell Phones

Posted in News and Recent Decisions

On September 14, 2011 the IRS issued Notice 2011-72, intended to provide "guidance on the tax treatment of cellular telephones or other similar telecommunications equipment (hereinafter collectively ‘cell phones’) that employers provide to their employees primarily for non-compensatory business purposes." The Notice states that when such a cell phone is provided to an employee primarily… 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

Possible Changes to Wisconsin Condemnation Law

Posted in News and Recent Decisions

2011 Senate Bill 83, which has been approved by the Senate Committee on Judiciary, Utilities, Commerce and Government Operations, would make significant changes to the current law relating to condemnation. At this time, public entities may condemn private property for any public purpose.  The proposed legislation, however, would limit that power.  Condemnation of property would… Continue Reading