Contracts

As the demand for renewable energy sources continues to grow worldwide, landowners and developers have realized the potential in harnessing the power of solar and wind energy in Wisconsin. Wisconsin is well known for having large swaths of flat, open land, often used for traditional farming activities. Such topography is perfect for energy companies looking to expand their generating capacity, often paying landowners a premium for the use of such land.  

Leasing and easement arrangements are the essential methods
Continue Reading Solar and Wind Lease Agreements

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?

Posted on January 15, 2024 in Mediation
In today’s fast-paced world, conflicts and disputes are inevitable. When individuals or businesses find themselves involved in civil disputes, they often turn to the legal system for resolution. However, civil litigation can be time-consuming, expensive, and emotionally draining.

Fortunately, there is an alternative method of resolving civil disputes that is gaining popularity: mediation. During this voluntary process, a neutral third-party mediator helps the disputing parties reach a mutually acceptable agreement. Mediation
Continue Reading Types of Civil Disputes That Can Be Resolved by Using Mediation

​Inflation remains high. Landlords, particularly agricultural landlords, may well want or need to raise rents. Raising rent on an agriculture lease may be especially difficult.

Generally, the terms of a written lease control the modification of rent. In contrast to a typical written lease, many agricultural leases are verbal, and the tenancy is typically on a year-to-year basis. Therefore, an agricultural landlord will need to terminate the verbal lease to raise rent.
Verbal Leases
The Wisconsin statutes set out
Continue Reading The Benefits of Written Leases for Agricultural Landholders

Litigation involving an alleged breach of contract can be complex. When one party fails to fulfill their obligations as outlined in a contract, this can lead to disputes, and the other party may take legal action to enforce the contract’s terms. For those who are involved in civil litigation related to contract disputes in Wisconsin, it is important to understand the options that may be available. An experienced attorney can provide legal representation in these cases, ensuring that issues
Continue Reading What Are the Potential Outcomes of a Claim for Breach of Contract?

Hunting leases present a number of issues, which if not addressed in writing, can lead to misunderstandings at best, and unexpected liability or litigation at worst.  Because both the owner’s and the hunter’s needs vary depending on the type of land and the type of hunting involved, each leasing situation presents its own set of unique requirements and expectations.  An owner may be a farmer who allows hunting only during gun deer season or spring turkey hunting season.  This
Continue Reading Hunting Lease Issues

The protections conferred by the Wisconsin Fair Dealership Law extend beyond good cause. The WFDL expressly requires that a grantor issue a dealer proper notice with an opportunity to cure prior to terminating, not renewing, cancelling, or substantially changing the dealership. As discussed in our previous post, what constitutes proper notice turns, in part, on the underlying issues that motivate the grantor’s effort to change or discontinue relations with the dealer. But regardless, in most circumstances, a grantor
Continue Reading The Wisconsin Fair Dealership Law Enters Its 50th Year: Notice and Cure

Employment relationships can sometimes end in less-than-ideal circumstances, such as downsizing, layoffs, the elimination of a position due to company restructuring, or the termination of an employee for other reasons. When these relationships come to an end, an employer may offer an employee a severance agreement, which may provide them with severance pay in return for following certain requirements or restrictions. These agreements may include terms known as “restrictive covenants” that are meant to protect the employer’s interests and
Continue Reading Can Employers Include Restrictive Covenants in Severance Agreements?

On January 5, 2023, the Federal Trade Commission (FTC) published a Notice of Proposed Rulemaking advancing a new rule that would effectively prohibit employee non-competition clauses with all employees and rescind existing non-competition clauses. All workers, whether paid or unpaid, and independent contractors, interns or volunteers would be covered. While there is nothing employers must do now, if the rule as proposed takes effect it will have a sweeping impact on the ability of businesses to limit the employment
Continue Reading FTC Proposes New Rule Essentially Banning Employee Non-Competition Clauses: Is the End in Sight for Non-Competes?

The Speak Out Act (“Act”) became law on December 7, 2022.  The Act prohibits the enforcement of non-disclosure or non-disparagement provisions which are agreed to prior to an allegation of sexual assault or sexual harassment (“sexual misconduct”).  The Act applies to disputes regarding alleged sexual misconduct that occur after December 7, 2022.  A full version of the Act can be found here.

“Me Too” Motivations

By enacting the Act, Congress’s goal is to “empower survivors to come forward,
Continue Reading New Non-Disclosure and Non-Disparagement Restrictions – “Me Too” Movement’s Continued Impact on the Workplace

On December 7, 2022, President Biden signed into law a bipartisan bill to promote disclosure of reports of sexual harassment or assault—the Speak Out Act (the Act). The Act follows the #MeToo-inspired legislation, signed on March 3, 2022, that restricts mandatory arbitration agreements for sexual harassment claims, discussed here.

The Act prevents courts from enforcing any pre-dispute nondisclosure and non-disparagement provisions related to sexual assault and sexual harassment. Employers should note that the Act applies to both employees
Continue Reading “Speak Out Act” Prevents Enforcement of Pre-Dispute Nondisclosure Provisions Related to Sex Assault

On December 7, 2022, President Biden signed into law the Speak Out Act.  One purpose of the Act is to empower survivors of sexual assault and sexual harassment to come forward by nullifying the enforceability of pre-dispute non-disclosure and non-disparagement contract clauses relating to disputes involving sexual assault or sexual harassment.  The Act arises out of the #MeToo Movement and is evidence that the movement is gaining renewed momentum following a period of quiet during the COVID pandemic.
Protecting
Continue Reading “Speak Out Act” Against Sexual Assault & Sexual Harassment Signed Into Law

by: Paralegal Sarah Reckling
A frequent issue that arises in insurance is the extent to which a standard CGL policy covers contractor liability. In my most cases, the issue is not of fact, but of liability insurance language. An insurer, regardless of whether the allegations are covered, must provide a defense of the entire lawsuit. If an insurer wrongfully fails to provide a defense, then the insurer is responsible for the damages to the insured (potentially including attorney’s fees).
Continue Reading Insurance Coverage & Contractors

Carbon credits have been a hot topic around the country as a potential opportunity for extra farm revenue. However, like any contract, farmers should carefully consider the terms of a carbon credit sale before signing an agreement.

There are several terms that could trip up the unwary signer.

What is a “carbon credit?” A carbon credit is a fictional currency representing the farm’s credit for undertaking certain practices to sequester carbon in the soil. Typically, each credit represents about
Continue Reading Carefully Consider Carbon Credit Contracts

Who has time to read those pesky terms and conditions anyway? As it turns out…they are worth paying attention to, particularly if you are in a position to be writing them or using them on a website.

If you are a new business owner starting up a website, terms and conditions should matter to you. In particular, the presentation of the terms and conditions to visitors of the website is of great importance. Even if you are just a
Continue Reading That’s a (click)Wrap

Covid-19 has created many challenges for owners and contractors.  Initially, the biggest fear was that a Covid-19 outbreak might shut down a construction site.[1]  Next, material prices skyrocketed.  Currently, one of the largest concerns is the unreliable supply chain.  This article discusses supply chain delay claims and steps owners, contractors, and material suppliers can do to help mitigate the effects of supply chain troubles.
Ounce of Prevention
Steel deliveries have been a major supply chain issue.  However, the
Continue Reading Supply Chain Delay Claims:  A Day Late and a $1,000 Short