Business & Corporate Law

Intellectual property (IP) is commonly thought to confront technical matters that require a certain amount of scientific or engineering background in order to wrap one’s head around them. In actuality, IP is a diverse ecosystem of intangible property rights that offer extreme value.

Virtually all businesses have some type of IP at play, but they may fail to recognize it if they have a misunderstanding of what IP exactly is. Furthermore, they may fail to take the steps necessary
Continue Reading The Business Practitioner’s Quick Guide to Intellectual Property

On Wednesday, March 6, 2024, the Securities and Exchange Commission (SEC) adopted an amendment to the Securities Act of 1933 and the Securities and Exchange Act of 1934, titled “The Enhancement and Standardization of Climate-Related Disclosures for Investors.”

After a two-year process involving intense lobbying from global industry leaders and influential climate groups, the 3-2 vote in favor of adopting the rule prevailed.

The final rule seeks to meet investors’ demand for “consistent, comparable, and reliable information
Continue Reading The Impact of the SEC’s New Rule on Climate-related Risks

I truly thought my hiatus from Corporate Transparency Act blog posts was going to run longer than this. However, recent events compelled the original three-part series (see those original parts here, here, and here) to grow into four parts.

So, what’s all the hubbub?

On March 1, 2024, the U.S. District Court for the Northern District of Alabama granted an injunction sought by the National Small Business Association [NSBA] to prevent the Financial Crimes Enforcement Network
Continue Reading The Corporate Transparency Act is Here. Now It’s in Court?

I suppose this blog post could be called “All Good Things Must Come to an End.” As part of our series on the changes to Wis. Stat. 125 under Assembly Bill 304 (“AB304“), today we are focusing on some big changes coming down the pipeline for wedding barns and other wedding venues. Read on for more information.

Historically, wedding barns and other venues that leased space for events and allowed customers to bring their own alcohol operated under the
Continue Reading Cheers to Change: The New Wis. Stat. 125 – Changes for Wedding Barns and Other Venues

Creating a marketing strategy for a health and wellness brand is tough. Creating a marketing strategy that adheres to legal compliance requirements is even tougher.

Developing a marketing strategy to make your brand stand out from the crowd is no easy task in an industry as competitive as health or wellness. On top of that, you need to follow numerous laws, regulations, and guidelines to ensure that your marketing strategy is legally compliant. Not only is adherence to the
Continue Reading Creating a Legally Compliant Health and Wellness Marketing Strategy

The landscape of worker classification in the United States has seen significant shifts over the years, with legal interpretations and regulations evolving to adapt to changing economic realities. One of the pivotal areas in this arena is the classification of workers as either independent contractors or employees under the Fair Labor Standards Act (FLSA). Recently, the U.S. Department of Labor (DOL) introduced a new rule, effective March 11, 2024, which revisits this classification framework, reverting to a more employee-friendly
Continue Reading New Rules for Independent Contractor Classification

In her recent Business Law Blog article, “The DEI Landscape in Law Firms,” Mary Purdy focused on how law firms specifically in the Milwaukee market could establish their diversity, equity, and inclusion efforts. In this article I expand this discussion, by focusing on women in law and the obstacles and opportunities in diversity, equity, and inclusion (DEI) that law firms face on a national scale. Women as the Majority: A Crack in the Glass Ceiling? For the
Continue Reading Breaking Barriers: The Rise of Women in Law Firms and the Shifting Landscape of Legal Associates Across the Nation

How the Wisconsin Motor Vehicle Dealer Law Relates to the Wisconsin Fair Dealership Law
A common misunderstanding is that the Wisconsin Fair Dealership Law governs (only) automobile dealerships. That belief is not entirely surprising given that automobile dealerships are the most ubiquitous, public-facing “dealership” in the country. Earlier installments of Stafford Rosenbaum’s Wisconsin Fair Dealership Law blog series demonstrate that the WFDL extends to an eclectic mix of commercial arrangements. But the WFDL does not reach motor vehicle dealerships
Continue Reading The Wisconsin Fair Dealership Law Enters Its 50th Year: Relationship with the Wisconsin Motor Vehicle Dealer Law

Posted on February 27, 2024 in Business Law
Debt collection is a critical issue for many businesses, as unpaid debts can significantly impact a company’s cash flow and its overall financial health. While many businesses prefer to resolve debt collection issues out of court through negotiations or payment plans, there are some cases where litigation may be necessary. Filing a lawsuit or enforcing a judgment can be a complex process, but it can ensure that the financial interests of
Continue Reading When Will Businesses Need to Use Litigation to Collect Debts in Wisconsin?

Are you like so many businesses I see that offers wellness services across the United States, perhaps through a virtual platform? If so, pay attention. Depending on the type of services you offer, you may be subject to state laws regarding refunds and cancellation policies. Let me give you an example:

A fitness company offers a membership program to anyone, anywhere. Customers can pay in advance and receive a discount or pay monthly. The fitness company’s Terms and Conditions
Continue Reading Is Your Wellness Service Refund Policy Compliant?

In her Business Law Blog article, “The DEI Conundrum for Companies,” Nadelle Grossman explored both obstacles and opportunities that companies face in the area of diversity, equity, and inclusion (DEI) efforts.

In this article, I expand that discussion, noting and commenting on ways that law firms can establish or build upon their DEI efforts to overcome challenges they may have.

Mary E. Purdy, Marquette 2024, is interested in practicing in corporate and business law.

Uncertainty in
Continue Reading The DEI Landscape in Law Firms

The Wisconsin Fair Dealership Law (WFDL), found in Chapter 135 of the Wisconsin Statutes, extends good cause, proper notice, and cure protections to an “extraordinarily diverse set of business relationships.” The WFDL’s litigation history illustrates the eclectic mix of relationships protected by the statute, including alcohol distributors, forklift resellers, custom log home distributors, water spa resellers, school photographers, and virtually everything in between. (See our earlier post about the limited exceptions to the Wisconsin Fair Dealership Law’s applicability.)
Continue Reading The Wisconsin Fair Dealership Law Enters Its 50th Year: Novel Applications

part 3 of 3

This post is the third and final part in a series on the Corporate Transparency Act. Feel free to check out Part 1 here  and Part 2 here. The last two posts talked about who the beneficial owners are under the Corporate Transparency Act (Act). This post will focus on the “company applicants” are (more on that later), as well as when and how to file the reports under the Act.

Let’s focus on
Continue Reading The Corporate Transparency Act is Here. Now How Do I Report?

How Preemption Limits the Scope of the Wisconsin Fair Dealership Law
In an earlier blog post on the Wisconsin Fair Dealership Law’s excluded relationships, we discussed that while the WFDL is arguably the most expansive and encompassing dealership or franchise statute in the country, its scope is not unlimited. There are exceptions to its application enumerated in the statute’s text and recognized in the case law, such as motor vehicle dealerships protected by the Wisconsin Motor Vehicle Dealer
Continue Reading The Wisconsin Fair Dealership Law Enters Its 50th Year: Preemption

(part 2 of 3)

This post is the second part in a series on the Corporate Transparency Act. Feel free to check out Part 1 here. The last post talked about how a beneficial owner under the Corporate Transparency Act (Act) can be any individual who exercises “substantial control” over the company. This post focuses on the second requirement: “any individual who, directly or indirectly, owns or controls at least 25% of the ownership interests in the company.”
Continue Reading The Corporate Transparency Act is Here. Now What About Ownership Interests?

The Corporate Transparency Act has gone into effect this year. In the ever-evolving business landscape, staying on top of regulatory changes is crucial. The Corporate Transparency Act (CTA), effective from January 1, 2024, brings important requirements for small businesses across the United States. Let’s dive into the key aspects of the CTA and what small business owners need to know to ensure compliance.
The Corporate Transparency Act
Understanding the CTA

Enacted in 2021, the CTA is a legislative response
Continue Reading The Corporate Transparency Act Guide for Small Businesses