Prenuptial agreements, also known as Marital Property Agreements, have become increasingly popular before couples marry. Postnuptial agreements are also an option during marriage. These agreements are used to specify how you and your partner want your assets held during the marriage and what happens to those assets in the event of divorce or death when you want to do something different than what the law would otherwise provide for. Understanding the law and future financial choices helps you both
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Contracts
Employers Beware: Courts Are Scrutinizing Mid-Lawsuit Arbitration Agreements
The Ninth Circuit has warned employers that introducing a mandatory arbitration agreement during active class litigation, particularly when done through poor or misleading communication, can invalidate the agreement entirely.
In Avery v. TEKsystems, decided January 28, 2026, the court affirmed a district court order refusing to enforce an arbitration policy introduced late in the lawsuit.
The court found that the communications used to roll it out were misleading, one-sided, and fundamentally subverted the class action process.
TEKsystems’s Arbitration Agreement…
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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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What Illinois Employers Need to Know About Changes to the Workplace Transparency Act
Amendments to the Illinois Workplace Transparency Act (“WTA”) were introduced by HB 3638 and became effective on January 1, 2026. The amendments broaden the scope of protection for employees and impose additional restrictions on employers when drafting contract provisions in a variety of employment-related agreements, including severance, settlement and arbitration agreements. Going forward, Illinois employers will have less latitude to restrict employee speech and concerted activity as it relates to reporting or disclosing unlawful conduct in the workplace.
Broader…
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From Silos to Synergy: Integrated Project Delivery Agreements for Today’s Health Care Facilities
Health care organizations planning major capital projects, such as hospital expansions, surgical centers and outpatient facilities, often face familiar frustrations: delays, cost overruns, redesign cycles and coordination breakdowns. Traditional delivery models like design‑bid‑build or construction manager‑at‑risk can unintentionally reinforce silos. Integrated Project Delivery Agreements (“IPDA”) offer a collaborative alternative designed to align incentives, reduce waste and improve project performance.
What Is an IPDA?
An IPDA is a single, multi‑party contract that binds the owner, architect, contractor and key consultants…
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AI in Vendor Workflows: Protecting IP Through Contract Design
Vendors are going to use AI. In software work, it now sits inside everyday delivery: summarizing requirements, turning meeting notes into action items, accelerating early code scaffolding, generating test cases, even helping troubleshoot bugs. A services agreement works best when it assumes that reality and then asks a more practical question: where does the client’s information go, what rights attach to what comes back, and what stays true about ownership and confidentiality as tools evolve.
AI matters for IP…
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Weekly Hospital Real Estate Briefing: 10 Tips for Negotiating On-Campus Ground Leases
We frequently get calls from hospital systems, health care providers and investors regarding negotiating on-campus ground leases. They are certainly unique. Here are 10 business points to consider when negotiating on-campus ground leases.
I Am Selling My Business – Now What?
When you own a business, it becomes more than a paycheck; it is your life’s work. The business can be immensely personal, and the sale of it can be life altering and emotional, even in the best situations. You may be asking yourself: “Do I really need to hire a lawyer to sell my business?” While you are the expert on your company, we are the experts on the legal ramifications, liabilities, and protections you and your family need…
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Five Terms Wisconsin Municipalities Should Revise Before Signing Construction Contracts
The American Institute of Architects (AIA) publishes a widely used family of template-based construction contract documents, including A201, the General Conditions of the Contract for Construction. Many Wisconsin municipalities adopt these forms assuming they are balanced, neutral, and suitable for public-sector use without significant revision.
In practice, however, several provisions shift critical project risk away from contractors and toward municipal owners – particularly late in the project when system performance, commissioning, scheduling, and public expectations are most important.
Importance of Complying With Contract Notice Provisions
When negotiating any type of contract, it is important to give due attention to all terms, even topics that appear merely ministerial or administrative, as their interpretation may have serious implications in the performance of the contract. The Wisconsin Court of Appeals recently analyzed a right of first refusal agreement (“ROFR Agreement”) on the sale of a property after one party failed to comply with its notice provision. The decision underscores the importance of understanding and adhering to all…
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Postmark changes at the Post Office and late mail
In August of this year, the US Post Office announced a new rule that included without much fanfare a MAJOR change in when letters are postmarked. Under this new rule, most letters will no longer be postmarked on the day the letter is received by a post office but instead postmarked a day later when the letter is processed at a regional mail processing facility.
It is important that mailers understand the distinction between the date when the Postal…
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Wisconsin E-Verify Bill Poised to Pass Legislature
Assembly Bill 281 (Senate Bill 287) would require certain Wisconsin employers to participate in the federal E-Verify program. The proposed mandate would apply to state agencies and local government units within Wisconsin. In addition, bidders on state contracts subject to the low-bid process would be required to enroll in E-Verify to qualify to bid.
Insight from Ruder Ware Government & Public Affairs Team:
Assembly Bill 281 was recently approved by the Assembly Committee on Commerce, and its…
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Ironclad Prenups Aren’t Just for Travis Kelce and Taylor Swift
Posted on October 22, 2025 in Family Law
Reports that Travis Kelce and Taylor Swift were considering a prenuptial agreement before getting married spread as fast as Swift’s chart-topping hits. While most people will never live in that kind of spotlight, the reason for a prenup remains the same: Wealth changes the stakes of marriage.
For high-net-worth individuals in Milwaukee and throughout Wisconsin, a prenuptial agreement (or “prenup”) is not a sign that two engaged people do not love…
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How long do I have to consider my severance package?
If an employee is terminated or laid off, an employer may offer them a severance package (or separation agreement) in exchange for a waiver of claims.
Severance agreements ask an employee to waive, or release claims they may have had against their employer up until the date of signing the agreement. In exchange the employer agrees to give the employee some sort of consideration, generally a payment, other than compensation that the employee is already entitled to.
There is…
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Contractors – Know Your Lien Rights
Preserving lien rights can be important in any type of economy, but is even more important when the economy is uncertain. Taking the following important steps can protect your lien rights on projects located in Wisconsin.
Step 1 – Give Your Initial Lien Notice. On wholly residential projects involving up to four family living units, contractors who have a contract directly with the owner (i.e., prime contractors) who will contract with any subcontractors or suppliers for labor or materials…
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NCAA to Move to Single Transfer Portal for DI Football
Significant changes are coming to the NCAA’s transfer portal for the Division I FBS and FCS subdivisions. While the new transfer rules are expected to be finalized during the month of October, the NCAA Administrative Committee has eliminated the spring football transfer portal window. The current Division I FBS Oversight Committee proposal sets the single transfer portal window from January 2–16 each year.
With shortened transfer portal windows, a shift in key recruiting dates, and changes to when…
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