The Families First Coronavirus Response Act (the “FFCRA”) was signed into law by President Trump on March 18 and became effective on April 1.  Among its many provisions, the FFCRA included two new laws – the “Emergency Family and Medical Leave Expansion Act” (the “EFMLEA”) and the “Emergency Paid Sick Leave Act” (the “EPSLA”) – that have a direct and material impact on all employers with fewer than 500 employees.

While the ink on the 800+ page Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) is still drying, businesses are left to decipher what it means for their ongoing operations. 

Landlords and property managers, as with nearly everyone else in our society, are struggling to find clarity under the rapid changes wrought by COVID-19.  In Wisconsin, there seem to be more questions than answers, especially in the wake of the Governor’s recent Safer at Home Order (the “Order”).

The Department of Labor published on Wednesday, March 25th the required poster for employers under the Families First Coronavirus Response Act ("FFCRA").    

Today, Governor Evers signed Emergency Order #12 - Safer at Home Order.  

On Wednesday evening, March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act ("the Act"). The Act is one part of the larger strategy by the federal government to help Americans deal with COVID-19. 

As federal, state and local governments continue to develop their responses to the COVID-19 outbreak, employers may find themselves in uncharted territory as to how to deal with emerging employee issues.

Automated trade secret asset management (TSAM) is a newer tool that will drastically change the way businesses identify, classify, protect, and val...

In May, 2019, the Supreme Court resolved a long-standing circuit split on the effect of a debtor’s rejection of a contract under section 365 ...

Many small business owners recall the uncertainty surrounding the European Union’s (EU) implementation of the General Data Protection Regulation (“GDPR”) in May 2018.  Over two years after the EU adopted the GDPR’s language in 2016, businesses finally faced the regulation’s requirements amid a haze of ambiguity.  Most businesses felt woefully unprepared to deal with potentially heavy violations, and many drafted new privacy policies in an attempt to meet the new standard.  The problem: the EU’s lack of clarity and how far it would take these novel regulations. So, what do we know one year later?

On November 27, 2017, Wisconsin enacted Chapter 204 of the Wisconsin Statutes, which allows for the creation of a benefit corporation, not to be confused with a “B-Corp.”  A benefit corporation is a type of corporation that places a high value on both the community and the environment, and puts these values on equal footing with profits. The process of creating a benefit corporation is very similar to creating a general corporation, with a few additional hurdles.

How important is a name? As individuals, a name is synonymous with one’s identity. Is it any different for a company? Small and large companies spend significant time and resources developing the names associated with their goods and services. You would think that a commensurate amount of resources are spent on clearing and protecting a brand name. Unfortunately that is not the case.

One recurring real estate issue involves the question of misrepresentation when a party purchases property, only later to find issues with the structure or condition of that property. The Court of Appeals dealt with two separate cases which outline theories that have been used to recover damages or void the contract.

A fundamental aspect of business law is limited liability.  Business owners want to shield themselves personally from the inherent business risks associated with interacting with the public or selling products and services.  Accordingly, business owners set up legal entities such as corporations or limited liability companies to create a corporate veil between their personal activities and their business activities.

Automatic renewal clauses (“ARC”) seem to find their way into every type of commercial contract imaginable – from the most critical supply agreements to the delivery of towels for the bathroom. So long as both parties are content with this arrangement, an ARC serves to maintain the basic terms of the contract (such as insurance requirements, payment terms, and indemnification) without the need for renegotiation.  But what if the buyer is no longer content with the status quo and wants to move to another vendor? 
 

The duty of good faith and fair dealing, a long-recognized legal construct compelling parties to deal with one another fairly, acts as a baseline operating procedure to help ensure negotiating parties contract with a sense of honesty. While seemingly straightforward, the 7th Circuit recently narrowed good faith's protections.

Regardless of the reasons that might attract or bring a someone to serve as a director to the board, once selected, every director is charged with certain fiduciary duties to the organization – and a failure to discharge any one of these duties can expose a director to personal liability.  

“Twas the night before Christmas, and all through the house, not a creature was stirring, not even a mouse.  The stockings were hung by the chimney with care, in hopes that St. Nicholas soon would be there.” If you are in business, St. Nicholas is not the person you need to be expecting at year-end!

Registering a copyright is a prerequisite for bringing infringement actions in federal court. Registration entitles copyright holders to certain benefits, including the ability to obtain statutory damages and attorneys’ fees for successful infringement claims. Registering software presents unique challenges, and there are several important nuances to consider. While not exhaustive by any means, here are a number of things that are important for developers to consider.

The operating agreement for an LLC is the statutorily recognized contract between the owners of an LLC which serves as the legal road map for how the Members will manage and operate the business. There are 8 key provisions Members of an LLC should address in an Operating Agreement.