Business Management

Attorneys Erin Deeley, Matthew Fisher, and Isaac Brodkey will present “Wisconsin’s Fair Dealership Law: 50 Years and Counting 2024” to an audience registered through the State Bar of Wisconsin. The presentation will give an overview, key developments since 1974, the current landscape of WFDL decisions and developments, and open WFDL issues that could be addressed in the future. Attendees will also learn about:

  • The purposes of the WFDL
  • What qualifies as a dealership?
  • What qualifies as a

Continue Reading Stafford Rosenbaum Attorneys Present on Wisconsin Fair Dealership Law for State Bar CLE

In the business world, there is always the risk of litigation–even for small businesses. Unfortunately, as a business continues its operations, the possibility of litigation turns from an “if” to a “when.” Litigation can be expensive, time-consuming, and stressful. Here are some basic considerations that can help mitigate the risk of litigation for a small business.

1. Put it in writing in definite terms.

As stated in Field of Dreams, “If you build it, they will come. . .”
Continue Reading Mitigating Litigation Risk for Small Businesses

Alcohol use and large truck accidents are a dangerous combination. Sadly, this can have serious consequences on the road and many people lose their lives in these crashes.

Understanding how alcohol impairs driving abilities and the risks associated with driving large trucks under the influence is very important.
The effects of alcohol
Alcohol impairs a driver’s ability to operate a vehicle safely by affecting coordination, reaction time, judgment, and overall cognitive function. Alcohol can slow down the brain’s ability
Continue Reading Alcohol and large truck accidents

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?

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

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

We help people with contracts that buy and sell their products and their businesses, license their products and their intellectual property, and lots of other things that lead to the question of “What do I charge?” Our first answer tends to be “That’s more of a business question than a legal question.” But that answer doesn’t fit our goal of “Be the reason it works.” And to completely bail on the question doesn’t accurately reflect that it is partially
Continue Reading A Question of Price

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?

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

The Corporate Transparency Act (the “CTA”) is a federal law with a filing requirement for almost every corporation, limited liability company, and limited partnership. The CTA requires that a Beneficial Ownership Information Report (the “Initial Report”) be filed by the Reporting Company with FinCEN, the Financial Crimes Enforcement Network, a bureau of the U.S. Treasury. Failure to comply with the CTA’s reporting requirements can result in significant civil and criminal penalties.

The due date for the Initial Report for
Continue Reading What You Need To Know About The Corporate Transparency Act

On November 15, 2023, the Environmental Protection Agency (“EPA”) announced that it was opening a 60-day public comment period as it considers updates it plans to make to its document entitled: Technical Guidance for Assessing Environmental Justice in Regulatory Analysis (the “Guidance Document”). Public Comments need to be submitted by January 15, 2024.

It is important to understand that this Guidance Document is not a regulation, but businesses with an environmental aspect (e.g. manufacturers, waste processors, etc) should be
Continue Reading EPA’s New Push for Environmental Justice: What Small Businesses Should Now Consider