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
business litigation
Further Proof that Noncompete Agreements are Unique
By Robert Sullivan on
Posted in Business Litigation, Noncompete Agreements
The court battle between IBM and Dell over the employment of former IBM M&A chief David Johnson provides even more evidence that Noncompete Agreements are highly unique contracts that often lead to some highly unique arguments in litgation. It appears Mr. Johnson is arguing that because he “intentionally” signed the noncompete on the wrong line…
Kentucky Basketball and Letters of Intent
By Robert Sullivan on
Posted in Business Litigation
The current dispute involving the University of Kentucky and its former men’s basketball coach, Billy Gillispie, is an example of a not so uncommon problem with informal agreements. In general, “agreements to agree” (aka “letters of intent” or “agreements in principle) are not binding contracts under Wisconsin law. Instead, they are tools used to clarify…
Impact of Proposed Changes in Condemnation Law on Owners of Business Property
By John Bruce on
The 2009 Wisconsin Budget Bill contains proposed changes in condemnation law which may substantially impact on the ability of business property owners to successfully challenge condemnation or contest the amount of compensation awarded.
The Wisconsin Department of Transportation is sponsoring the proposed modifications. Currently, an owner of land subject to condemnation may recover attorneys fees incurred…
Deposition of Business Entities
By John Bruce on
Posted in Business Litigation
In business litigation, the question often arises which person among the employees of a corporation, limited liability company, partnership or association should be deposed in order to most effectively discover what information a business entity which is a party to the litigation has regarding the dispute, and what kind of testimony the entity would present…