The U.S. health care industry continues to experience consolidation, with steady merger and acquisition activity (“M&A”) aimed at improving quality, expanding patient access and reducing costs by leveraging economies of scale. These transactions present a unique opportunity to undergo a strategic analysis of an often overlooked, but vitally important area: the supply chain.
Integrating two previously independent supply chains can be challenging from multiple perspectives, particularly given differing processes, levels of integration, existing vendor relationships and operational philosophies. These
Continue Reading From Transaction to Transformation: Leveraging M&A to Optimize Health Care Supply Chains
Not all business information is created equal, especially when it comes to legal protection. Companies often use the terms “trade secrets” and “confidential information” interchangeably, but under Wisconsin law, the distinction is meaningful and can significantly impact both risk exposure as well as available remedies. Understanding how these categories of information differ is essential for businesses to protect valuable business assets and navigate any potential disputes.
1. What Is a Trade Secret?
A trade secret is a specific category
Continue Reading Not All Secrets Are Created Equal: Trade Secrets vs. Confidential Business Information
When equity interests in a passthrough entity are sold, such transaction documents are often described as “partnership interest purchase agreements,” “membership interest purchase agreements” or “equity purchase agreements.” However, under U.S. federal income tax rules, a transaction that is legally structured as an equity purchase can sometimes be treated (in whole or in part) as an asset purchase—whether by default, election or sometimes as the result of post-closing actions.
Occasionally, this discrepancy is overlooked until just before closing, which
Continue Reading Equity Transaction or Asset Transaction? Looks May Be Deceiving
If you visited your local dispensary or brewery yesterday to celebrate 4/20, things probably did not look much different than they did back in January, when we first wrote about the looming federal THC ban set to take effect in November 2026. THC beverages and vapor products remain widely available and, at least in my area, that availability appears to be growing. But the current status quo could change dramatically in just a few months.
Many industry members
Continue Reading Happy 4/20. November Is Going To Be Weird
Continue Reading Beyond the Brick and Mortar: Digital Asset Succession for Illinois Business Owners
Under Wisconsin law, employees must first be the victim of identity theft or other concrete, imminent harm to have standing to sue employer for data breach. Mere risk of future data misuse is not enough to establish standing.
Business owners and executives are well aware of the risk of data breaches given the proliferation over the past decade or so. Many times we think of data breaches in terms of customer information only. What is often less pondered is
Continue Reading Wisconsin Signals Limitations on Employer Liability for Employee Data Breaches
There is a common assumption in the business world: If you paid for it, you own it. As laid out in one of Erin’s earlier posts, that is not always a case with IP. To quickly summarize, the default under copyright law is that whoever creates the thing owns the copyright, even if someone else paid to have it created. The exception to this is a “work made for hire,” where the person paying is the one who
Continue Reading Setting Yourself Up to Own What You Think You Own
Spring is the season for cleaning and organization—and it can also be a good time for businesses to revisit their document retention policies. For any combination of paper files, emails, and digital records, having a thoughtful business records management strategy can help reduce risk, control storage costs, and ensure compliance with legal requirements.
As you review what to keep, archive, or dispose of, consider the following key issues.
Be Mindful of Litigation Holds
If your business is involved in
Continue Reading Spring Cleaning for Your Business: Consider Your Document Retention Practices
Continue Reading Why Integrated Estate & Business Planning Works
One of the most difficult parts of owning a business is finding great employees. Successful business owners know they cannot be everywhere at once and therefore must rely on their key employees. Sometimes retaining these key employees becomes vital not only for day-to-day operations, but the future success of the business.
This drives many Wisconsin business owners to ask: Should I let my key employees buy into my business? This is a loaded question. Not only do business owners
Continue Reading Should I Offer Ownership to My Key Employees?
As businesses grow, owners may increasingly rely on key employees and Human Resources (HR) professionals to manage functions the owner does not directly oversee. Key employees and HR professionals are typically those employees who have access to important confidential business information. These individuals often gain access to confidential operational details, employee information, and other sensitive data. A common question that arises: When should employers use non-disclosure agreements (NDAs)?
While NDAs are not required in every situation, they are one
Continue Reading Nondisclosure Agreements (NDAs): A Practical Guide on How and When NDAs Should be Utilized
Another week, another resolution. This time, we’re addressing the AI elephant in the room. While the use cases for AI are myriad, the legal landscape is somewhat unknown and rapidly developing. But, for better or worse, employees are using AI. So, from trade secret risks to proposed legal oversight, employers need to address AI now.
The biggest mistake an employer can make is assuming their workforce isn’t using AI because
Continue Reading Employer New Year’s Resolution #3: Address Artificial Intelligence
As we start the second full week of January, we bring employers a second employment law resolution: a comprehensive wage and hour audit. So, even if you’re sticking to your commitment to less screen time in 2026, this is worth a read.
In addition to lawsuits brough by individuals, either on behalf of themselves or on behalf of a class of similarly situated employees, the Department of Labor remains focused on enforcement of the FLSA. In fiscal year 2025,
Continue Reading Employer New Year’s Resolution #2: Comprehensive Wage & Hour Audit
Securing a federal trademark with the United States Patent and Trademark Office (USPTO) is one of the most exciting and valuable steps a new business can take to protect its brand identity. The USPTO trademark application process is not always intuitive, especially when it comes to evaluating whether another business is already using a similar mark in commerce. It is important for prospective applicants to understand how the trademark application process works in order to prevent costly surprises down
Continue Reading Navigating the USPTO Trademark Application Process: Is It Worth the Risk?