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Business Strategy
Should I Offer Ownership to My Key Employees?
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…
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Nondisclosure Agreements (NDAs): A Practical Guide on How and When NDAs Should be Utilized
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…
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Employer New Year’s Resolution #2: Comprehensive Wage & Hour Audit
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,…
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Navigating the USPTO Trademark Application Process: Is It Worth the Risk?
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…
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The THC Beverage Cliff is Coming: You Are Jumping – Plan Now to Avoid a Cliff Strike
BASE jumping references aside, if you produce or sell intoxicating THC beverages, now is the time to plan your off ramp.
Congress enacted changes that narrow what qualifies as federally lawful hemp starting November 12, 2026, including a 0.4 mg per container cap for final hemp-derived cannabinoid products.
Let’s tear the band-aid off now: 0.4 mg is not a meaningful replacement for the 20 mg to 50 mg cans the market sells today. So for most producers, the real…
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Year End Yays!
- Did your company file its Annual Report?
- Did you corporation select its board or directors and do its annual resolutions?
- Did you come up with goals and a budget for next year?
- Did you celebrate your wins?
It’s that last one that comes hardest to many. Some people are born with confetti in their hands. Others celebrate by moving to the next thing on their To Do list. But this is the season for celebration, so let’s take a…
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LLC vs. S-Corp for Small Business Owners: Which Protects Your Family Better?
If you’re a local small or mid-size business owner, understanding these differences can help you safeguard what you’ve built and protect the people you love.
LLC vs. S-Corp: Quick Comparison Chart
Feature
LLC
S-Corporation
Liability Protection
Strong limited liability for
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Should Executives in Wisconsin Put Employer Stock Into a Trust?
One of the most effective strategies to gain more control over how your vested shares are handled is transferring employer stock into a trust. For Wisconsin executives, a trust
…
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Does My Wisconsin Business Need a Liability Waiver?
As a business owner, it’s essential to protect your business from liability. Whether you own a gym, resort, recreational facility, daycare, dance studio, rent boats, kayaks, bikes, other outdoor activity equipment, or offer event space for weddings and other parties, there are many circumstances when you may want to use a liability waiver. Many insurance carriers require customer experience type businesses to utilize waivers. Some public libraries even require them for their Makerspace activities.
But liability waivers present a…
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Five Considerations When Selling Your Limited Liability Company Membership Interests
Limited liability companies, or LLCs, are comprised of owners identified as “Members” under the LLC’s organizational document, which in Wisconsin is called an Operating Agreement. A Member’s ownership interest is typically denominated in units and expressed as a percentage of overall units called “Membership Interests.” The number of units issued is typically tied to the Member’s capital contributions to the LLC. When a Member is considering a sale or transfer of the Member’s Membership Interests in the LLC, proper…
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Trademark Trouble in Candyland: Lessons for Growing Brands from Nerds vs. Dweebs
Ferrara Candy Company, the maker of Nerds, recently filed a lawsuit against the maker of Dweebs candy. What looks like a quirky fight between two playful names is actually a cautionary tale for startups and small businesses building their brands.
Ferrara has spent decades growing Nerds into a cultural touchstone. In 2024 alone, sales topped $870 million in the United States. To protect that investment, Ferrara holds trademarks on the Nerds name, the irregular pebble shape of the candy,…
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Five Key Factors That Impact Health Care Joint Venture Timelines
Health care joint ventures can create an important vehicle for combining resources and expertise, in addition to improving health care product and service access. However, these arrangements often come with complex legal, regulatory and operational challenges that may affect timelines and the profitability of these arrangements. Significant delays or modifications to the anticipated commencement of joint venture operations and the scope of operations may cost the parties in terms of both resources and goodwill. Below are five key factors…
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Adopt the Model, Train the Human: AI Literacy as the Parallel Track to Integration
The rush to integrate AI is understandable. New tools promise faster drafting, richer research, and smoother operations. Adoption alone, however, is not enough. When powerful systems land in people’s hands without a shared understanding of how to use them well, the risks expand as quickly as the possibilities. A parallel track in AI literacy changes that. It develops users who are curious, appropriately skeptical, and legally careful. It also tends to produce better work.
By AI literacy, I mean…
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U.S. Supreme Court Upholds Wire Fraud Conviction for DBE Fraud, Notwithstanding Lack of Economic Harm
While the required use of disadvantaged business enterprises (DBEs) in federal and state contracting appears to be on thin ice in the current political environment, contractors should still be cautious about compliance with applicable legal requirements. As the U.S. Supreme Court’s recent decision in Kousisis v. U.S., 145 S.Ct. 1382 (2025) shows, the government retains powerful tools to prosecute procurement fraud cases related to the use of DBEs, even if the government accepts the work and the defendant did…
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Navigating Mergers and Acquisitions: The Science and Art of Transition Service Agreements
The complex world of health care mergers and acquisitions (“M&A”) involves intricate processes that require effective integration of systems and services to maximize value. A Transition Services Agreement (“TSA”) is a contractual agreement that can play a crucial role in ensuring a smooth transition post-acquisition. The purpose of a TSA is to ensure continuity and stability during the integration phase of a transaction, allowing the buyer time to integrate the acquired assets smoothly.
A TSA outlines the services that,
