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Select a topic from the drop-down list to view associated articles from WisBar News, Wisconsin Lawyer, InsideTrack, and Rotunda Report.​​​​


    Jul. 27, 2021
    Recent surges in material prices have caused many construction industry participants to question their rights and remedies under their contracts as well as change their future contracts to address substantial price increases. Brian Zimmerman discusses the recent price increases and the contract clauses implicated thereby.
    Jul. 27, 2021
    Recent surges in material prices have caused many construction industry participants to question their rights and remedies under their contracts as well as change their future contracts to address substantial price increases. Brian Zimmerman discusses the recent price increases and the contract clauses implicated thereby.
    Jul. 22, 2021
    Although pen-and-paper contracts are hardly extinct, the pandemic has accelerated the evolution toward electronic-only business transactions. Jennifer Budzien outlines the laws, requirements, and challenges.
    Jul. 22, 2021
    Although pen-and-paper contracts are hardly extinct, the pandemic has accelerated the evolution toward electronic-only business transactions. Jennifer Budzien outlines the laws, requirements, and challenges of electronic records and signatures.
    Jul. 20, 2021
    When oil and gas prices plummeted during the COVID-19 pandemic as countries went into lockdown, companies began invoking force majeure clauses to change obligations under their contracts. Katherine Plachta discusses the debate surrounding COVID-19 as a force majeure event.
    Jul. 16, 2021
    The Biden administration is pursuing a human rights-focused foreign policy, which will affect Wisconsin businesses engaged in international trade. Read how companies can protect themselves from the increased trade measures ensuing from this policy shift.
    Jun. 04, 2021
    Damage caused by defects that a home's seller knew about but did not disclose can be a nasty surprise. Sellers, buyers, real estate agents, home inspectors, and contractors all have responsibilities to look closely and carefully at any property whose purchase they are involved with.
    May 19, 2021
    Does signing a noncompete agreement violate ethics rules? If I am forced to sign one to keep my job, what should I do?
    May 13, 2021
    A recent ruling provides a hard lesson for contractors about partial lien waivers. James Thiel discusses the case and the ruling, and the lesson learned.
    Apr. 30, 2021
    The Wisconsin Supreme Court (7-0) ruled that the circuit court did not err when it set an exercise price that was higher than an expert's appraised value.
    Feb. 26, 2021
    Residential construction contracts pose unique challenges for contract drafters in Wisconsin. Andrea Murdock offers advice on what to include in your residential construction contracts to avoid disputes and unnecessary costs.
    Feb. 04, 2021
    Terminating an agreement to lease agricultural land can be a complicated process. Jason Brasch explains how to avoid unnecessary frustration and expenses when selling real property subject to an agricultural tenancy.
    Jan. 22, 2021
    Most commercial contracts will contain an indemnity clause. But how are they being used? Turns out, you can use them not just for protection. Matthew McClean discusses the various uses of the clause – and case law surrounding its use.
    Dec. 01, 2020
    The risks presented by unknown site conditions are difficult to identify and evaluate, and the costs to address them can be very substantial. Saul Glazer discusses the necessity of using DSC – differing site conditions – clauses in construction contracts.
    Nov. 23, 2020
    Certain accounting rule changes that take effect in late 2021 may significantly impact private companies and nonprofits. Michael Lokensgard details the updates, which will affect companies’ compliance with their loan covenants.
    Oct. 13, 2020
    When homeowners constructed a 36x80x16-foot building on their Fond du Lac property, the neighbors complained that it violated the subdivision’s restrictions on structures other than "garages." Recently, a state appeals court ruled for the homeowners.
    Aug. 03, 2020
    A recent Wisconsin Supreme Court decision provides some clarity for Wis. Stat. section 895.447, but raises further questions on the enforceability of other common risk transfer and limitation clauses in construction contracts. Scott J. Thomsen talks aboutlessons to be learned from the decision and its impact on construction contracts.
    Jul. 10, 2020
    Are waivers your clients using worth anything more than the paper it is printed on? Erik Monson discusses liability waivers in Wisconsin, and offers advice on drafting an enforceable liability waiver.
    Jul. 08, 2020
    With the ongoing economic impact of the COVID-19 pandemic, construction lien rights have become more vital than ever to businesses in the construction industry. Steven Slawinski provides a refresher course on the basics of construction liens on privately owned construction projects in Wisconsin.
    Jun. 19, 2020
    With the rise in residential and commercial development in rural areas, rural property owners may face an unplanned expense – building or repairing a fence. Jason Brasch explains what to know about Wisconsin’s fence laws.
    Jun. 16, 2020
    A federal bankruptcy court in Illinois, in a case of first impression, held that a contract’s force majeure clause was “unambiguously triggered” when the state’s governor issued an executive order closing restaurants because of COVID-19.
    Jun. 15, 2020
    Owners of corporations and limited liability companies can have statutory and contractual obligations to indemnify officers, directors, managers, and members for legal fees incurred in defending litigation. Ryan M. Billings discusses equity holders’ exposure to legal fees when a company brings suit against its former officers, directors, managers, or members.
    May 04, 2020
    Carefully crafted, an integration clause with non-reliance and tort disclaimer language may avoid common law and statutory misrepresentation claims. Scott J. Thomsen discusses a recent Wisconsin Supreme Court decision and highlights how current standard form construction contract language may not sufficiently protect the contracting parties.
    May 01, 2020
    Businesses negatively affected by COVID-19 might attempt to avoid contractual obligations, but not every contract can or should be negated. Clients should consider both the relevant contract-law issues and the potential harm to future business relationships.
    Apr. 20, 2020
    Establishing a constructive trust could be a remedy to hold life insurance proceeds for a decedent’s minor children, a Wisconsin Supreme Court has ruled, but the circuit court must first examine the relevant facts to make that decision.
    Apr. 16, 2020
    As the health care industry grapples with the rapid spread of the COVID-19 pandemic, interruptions from the industry’s key suppliers are inevitable. Peggy Barlett discusses certain considerations that the industry should be proactively thinking about as the interruptions in the supply chains impact daily operations and patient care within the industry.
    Mar. 26, 2020
    While virtually every business contract has an implied covenant of good faith and fair dealing, now is the time to review your contracts’ force majeure clauses. Find out more about the issues and what to look for.
    Mar. 26, 2020
    Businesses concerned about meeting their contractual obligations due to the coronavirus should review their contracts to determine their options, write Greg Lyons and Margarita Castaneda.
    Mar. 23, 2020
    Now is the time to plan – and act – for what will come at the end of the coronavirus outbreak. With project delays inevitable in the era of COVID-19, James Dash offers advice on what you can do now to avoid future lawsuits and to advance your business interests
    Mar. 20, 2020
    Now is the time to plan – and act – for what will come at the end of the coronavirus outbreak. With project delays inevitable in the era of COVID-19, James Dash offers advice on what you can do now to avoid future lawsuits and to advance your business interests.
    Mar. 02, 2020
    A contract purporting to grant certain rights to a sports memorabilia collection is not enforceable, a state appeals court has ruled.
    Feb. 19, 2020
    With rising health plan costs, employers are seeking alternatives to the traditional provider networks, such as reference-based pricing. Angela Rust explores this health care payment model – and offers advice for health law attorneys with clients exploring reference-based pricing.
    Jan. 10, 2020
    The maker of acrylic skylights for Jeep Wrangler vehicles sued Dow Chemical Company, alleging Dow Chemical made misrepresentations about an adhesive product. Recently, the Wisconsin Supreme Court ruled the case can proceed.
    Dec. 13, 2019
    Over the last few years, noncompete agreements have been popping up in contexts where they are not permissible. Marianne Goldstein Robbins and Joe Sexauer discuss the specifics of noncompete agreements in Wisconsin and federal law, and how to address their overuse.
    Dec. 06, 2019
    This new form, with mandatory use starting Jan. 1, 2020, more closely tracks the flow of buying and selling a residence. Debbi Conrad summarizes the most significant changes.
    May 07, 2019
    A recent Court of Appeals case drove home a point: That choice of law provisions matter. Steve Mroczkowski discusses the case, which also proves the importance of front-end negotiations.
    Mar. 28, 2019
    Dispute resolution is a useful tool in resolving professional liability cases. Perry Granof explores various dispute resolution procedures, including their efficacy and advantages and disadvantages.
    Mar. 12, 2019
    Learn what "blockchain" and "cryptocurrency" mean, where they began, how transactions work, and how this currency is valued in divorces, bankruptcies, and other legal matters.
    Mar. 05, 2019
    Getting paid on time can make the difference between success and financial difficulty for agricultural custom operators who deal with large accounts. J. David Krekeler talks about helping custom operator clients to stay on top of collecting their accounts receivable.
    Jan. 29, 2019
    By including private insurers in its definitions, the Eliminating Kickbacks in Recovery Act brings a "seismic shift" to the fraud and abuse landscape, says James Junger. He discusses the Act and its implications for health care insurers and providers.
    Dec. 21, 2018
    Two neurosurgeons will head back to circuit court to determine whether their contractual dispute must go to arbitration, now that the Wisconsin Supreme Court has reversed an appeals court decision that the dispute must be arbitrated
    Dec. 20, 2018
    What should you say when your client asks, “Can I recover attorney fees?” While rare, there are several circumstances where clients can recover fees in construction disputes. Lauren Triebenbach and Mark Schmidt outline different grounds for attorney fee recovery.
    Nov. 12, 2018
    Tenant buildouts can place fee owners and contractors at risk during construction projects. Saul Glazer discusses options for both contractors and fee owners to protect their respective interests.
    Nov. 06, 2018
    An arbitrator awarded $10 million in damages to 174 employees in a class arbitration action for wage and hour violations originating in Wisconsin. But the U.S. Court of Appeals for the Seventh Circuit now says that award must be revisited.
    Oct. 29, 2018
    Feb. 1, 2011, marked a change in Wisconsin products liability law, including for the liability of a seller or distributor in a products liability case. Michael Gill and Craig Steger discuss the tactics and considerations for both plaintiffs and defendants when handling products liability claims against sellers and distributors in Wisconsin.
    Oct. 23, 2018
    With the advent of new construction delivery methods, the limits of protections from the Spearin Doctrine have been tested. Patrick Whiting discusses the intersection of the Spearin Doctrine and these new delivery methods.
    Sep. 25, 2018
    When drafting construction contracts, it's good to pay attention to how disputes may be resolved. But how can you possibly know at the time of contracting which dispute resolution method is best? James Dash discusses what to consider when writing binding dispute resolution clauses.
    Sep. 19, 2018
    Blockchains and smart contracts, once mere buzzwords, are now a reality in business, legal, and other spheres. Learn how these concepts may apply to the legal future.
    Sep. 12, 2018
    2017 Wis. Act 317 is the latest in a series of legislation to substantially modify landlord-tenant laws. The act's most significant changes include clarifying laws regarding assistance animals in rental housing, responsibility for repair costs, rent abatement, limits on removal of CCAP information, credit and background checks, and contested evictions.
    Aug. 23, 2018
    It’s called “candling,” using bright lights behind scratch-off cards to read numbers or symbols that might reveal a winning prize. Recently, a federal appeals court ruled that a Wisconsin-based company met the security standard for anti-candling.

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