The business judgment rule – that directors are not liable for an honest mistake of business judgment – is both a rule of substantive law and often the source of procedural burdens that shareholders challenging a board of directors’ decision must overcome. The Wisconsin Supreme Court recently reinforced the doctrine, making clear that shareholder-plaintiffs must be ready from the moment they file to present plausible evidence of their right to relief.
April 1, 2015 – A legislative proposal dramatically reforms Wisconsin’s restrictive covenant statute and would impact the drafting, negotiation, and enforcement of restrictive covenants by Wisconsin attorneys in several important ways. Milwaukee labor and employment litigation attorney Daniel Finerty explains the legislation and its potential impact.
Both Congress and the Wisconsin Legislature have passed tax legislation giving incentives for investing in business enterprises and rewarding investors for those investments. Sometimes affirmative action is required; sometimes qualification is automatic. Find the details in Organizing a Wisconsin Business Corporation: Articles, Bylaws, and Other Forms, recently revised.
The former family owners of a dude ranch in Mauston, northwest of Wisconsin Dells, must pay the unpaid tax and tax avoidance penalties for selling the ranch through a sham transaction, a three-judge panel for the U.S. Court of Appeals for the Seventh Circuit has ruled.
Projects to gain energy efficiency to reduce costs are top of mind for commercial building owners, but financing through traditional lending practices is hard to come by. Property Assessed Clean Energy programs are a new statutory financing mechanism that provides a new opportunity for general-practice attorneys to offer building-efficiency upgrade solutions for a variety of clients.
Increasingly, the U.S. Supreme Court has interpreted the Federal Arbitration Act to apply to parties of unequal bargaining power, making it more difficult for individuals and businesses subject to adhesion contracts to exercise their legal rights.
Oct. 1, 2014, – When a lawyer hangs a shingle, it’s more than just a law firm. It’s a business, and if you don’t pay attention to it, your firm won’t grow and it just might even fail. In this video, business coach Chris Carman talks about the business side of your law practice.
Sept. 17, 2014 – An employer can find itself between a rock and a hard place when an employee goes out on and continually extends ADA leave, because leave can be a reasonable accommodation under the Americans with Disabilities Act (ADA). This article explains the situation involving indefinite employee leave under the ADA.
Sept. 3, 2014 – Whether you are starting out or upgrading your current system, there are some things you need to know before you make your purchase. In this video, Jeff Krause talks about choosing the software and hardware that’s right for your firm.
Aug. 6, 2014 – Lawyers, like other service-based professionals, take great stock in the value of their time. But valuing time requires business management skills that law school doesn’t teach. In this article, business coach Tom Palzewicz provides tips on financial management, an upcoming topic at the State Bar’s Business School for Lawyers.
July 16, 2014 – Thinking of starting your own law practice? Maybe you just graduated and can’t find a job. Maybe you are tired of your current firm. Maybe you’ve always wanted to be your own boss, or just want to improve a business aspect or your existing firm. Whatever the case, you need a business plan.
When shareholders in nonstatutory close corporations want to leave the business, there is only one statutory remedy: judicial dissolution of the close corporation. Courts and litigants are now finding ways to address shareholders’ need for judicial intervention without employing the drastic remedy of dissolving the company.
The State Bar of Wisconsin National Mock Trial planning team is calling on attorneys, judges and experienced teachers and coaches from around the state to step up to the bench and volunteer to serve on a judging panel during the 2014 National High School Mock Trial Championship on May 9 and 10 in Madison.
March 19, 2014 – Conflicts may arise for lawyers acting in a dual capacity, including those serving as directors for client organizations. In this video, State Bar ethics advisors Tim Pierce and Aviva Kaiser explain that a lawyer’s role as a director may limit the lawyer’s ability to fully represent the client in future legal matters.
Want to refine your courtroom skills and delivery? Looking at procedure and performance from a different perspective, like that of a judge, can be very helpful, and the State Bar of Wisconsin has a perfect opportunity to do just that. You can take the bench while volunteering as a judge at the National High School Mock Trial Championship in Madison from May 8 to 10.
A company doing business outside the United States might be tempted to rely on the knowledge of local business people and agents, but doing so without caution and policies in place might result in the company violating the Foreign Corrupt Practices Act – a U.S. law that bars bribing foreign officials.
Aug. 21, 2013 – Tune in to special encore webcast CLE/EPR programs from the spring 2013 State Bar of Wisconsin PINNACLE® Litigation, Dispute Resolution & Appellate Practice and the Real Estate & Business Law institutes in August and September. Earn up to 19 CLE credits and 3 EPR credits. Institute attendees can view these webcasts at no additional charge.
July 17, 2013 – A lawyer or group of lawyers may limit legal liability and minimize income tax and payroll tax costs by forming a business as a limited liability entity. In this video, Madison attorney Joe Boucher discusses why this is one aspect of running a business lawyers should not overlook.
Amendments to Article 9 of the Uniform Commercial Code, which deals with security interests in most types of personal property and fixtures, took effect on July 1, 2013. The authors describe the types of property and transactions to which Article 9 applies, explain key terms, and provide tips to help you counsel your creditor and debtor clients.