Articles
Landlord Lag Time in Wisconsin
The benefit to renting over owning is avoiding unexpected repair costs, in contrast, it can mean having to wait for the landlord to make repairs. Who is responsible for making repairs and how long a landlord can take to make a repair depends on the issue. While a...
The Catch With An Account Stated
“An account stated is an agreement between a debtor and a creditor that the items of a transaction between them are correctly stated in a statement rendered, that the balance shown is owed by one party to the other and that the party has promised to pay that balance...
When Your LLC Designation is Not Enough
A limited liability entity, such as a LLC or Corporation, is an important part of protecting your individual assets from liabilities arising from your business. By operating the business within the limited liability entity, lawsuits stemming from the business - such...
Shareholder Rights With Corporations
As part of my business litigation practice, I regularly represent corporations and shareholders in corporations. On the shareholder side, parties often seek to learn more about what is going on with the corporation they partially own. Wisconsin law gives shareholders...
Wisconsin’s New LLC Act
The Wisconsin Legislature recently passed a new law governing limited liability companies in Wisconsin (the “Act”). The Act is primarily based on the most recent version of the Revised Uniform Limited Liability Company Act, albeit with certain Wisconsin specific...
Camp Lejeune Justice Act
The word Le jeune translates from French as young or youthful. This seemingly benign name does not accurately reflect the decades of water contamination and coverup that occurred at the Marine Corp Base Camp Lejeune. Between 1953 and 1987, it is estimated that nearly...
May I Go to Another State to Get a Speedy Divorce?
In Wisconsin, there is a 120-day waiting period for divorces. After the summons and complaint are served on you or your spouse, the earliest you could be divorced is roughly four months later. However, for most people, settling divorce issues takes significantly...
Updating a Business Name in Wisconsin
Maybe your business has changed or maybe your tastes have, but the good news is that your business is not stuck with the first name you chose. The steps below describe how to legally change the name of a Wisconsin corporation. When changing your business’s name, it is...
Are You Ready to Build a House?
Are you ready to finally build the new home you always dreamed of? Perhaps you are considering adding on to your existing home. Construction projects are expensive. The last thing you want to discover after the project is over is that an unsatisfied construction lien...
Going It Alone In Court
Individuals have a right to self-representation in Wisconsin courts and in federal court.[1] Pro se is Latin for “on one's own behalf.” When a litigant proceeds without legal counsel, they are said to be proceeding “pro se.” See, e.g. Rivera v. Florida Department of...
Deeds, Deeds, Deeds
Often when individuals purchase real estate, their understanding of the transaction is that the Seller will convey the real estate by executing and recording a deed. However, there are actually various types of deeds, each with their own set of warranties or...
Family Court is a Court of Equity
Often when trying to define what “equity” means in the legal context, people use words like “fair” or “equal” but neither of those really encompass what it means for the Court to be a “court of equity.” So, I am going to try and explain what it means without using...
WI Supreme Court Rules Against Bars and Restaurants on COVID-19 Pandemic Financial Losses
This article is a follow up to one I wrote on August 10, 2020 relating to potential insurance coverage for business losses due to the government shutdowns and restrictions for in-person dining during the COVID-19 pandemic. The first lawsuit on this issue was filed...
What is a Real Estate 1031 Excange?
In the field of real estate, a commonly used term is a 1031 Exchange. But what exactly is that? A 1031 Exchange is aptly named after Section 1031 of the U.S. Internal Revenue Code, which permits the deferral of capital gains tax in certain real estate transactions....
Are Contractors Actually Fully Insured?
Anyone who has inquired with, or hired, a contractor or homebuilder has invariably seen or been told by the company that they are “fully insured.” More times than not, this statement simply means that the company has a standard commercial general liability (CGL)...
Real Estate Interests
Legal interests in real estate seem simple upon first consideration – someone may own a home, and when they sell it, the buyer owns it. However, even such “simple” purchase and sale arrangements are often layered with other forms of legal interests being retained or...
Tips to Avoid Scams and Identity Theft
In today’s fast paced world, there is no end to the types of scams that target people of all ages, income levels and backgrounds. According to the Federal Trade Commission, one out of every ten adults in the United States will become a victim to a scam or fraud every...
Do Pedestrians Have the Right-of-Way?
I recently heard someone say as they confidently stepped off a curb into the street, “In Wisconsin, cars have to stop for us. Pedestrians always have the right-of-way.” Having grown up in Michigan, where our rules of the road have their own oddities (look up a...