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Tractor cultivating field at spring
Tractor cultivating field at spring,aerial view

​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?

White-tailed Deer - Odocoileus virginianus

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

fine print enlarged with magnifying glass magnifier loupe

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

A well-drafted personal guaranty of payment and performance provides peace of mind for the diligent lender. It is not only irrevocable, but also covers future extensions of credit and includes broad waivers of defenses. Even when a lender is faced with a bankruptcy proceeding, the guarantor’s promise to pay the full amount of a debt is inviolate: a claim against the guarantor need not be reduced to account for recoveries from other sources unless and until the creditor is…
Continue Reading Lenders Beware: The Effect of Bankruptcy on Personal Guaranties

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Over Memorial Day weekend, the Illinois Legislature unanimously passed a bill that would make significant changes to Illinois law regarding non-compete and non-solicitation agreements. If signed into law by Gov. Pritzker, which is widely anticipated, it will become effective and apply to any such agreements entered on or after, January 1, 2022. It will not affect agreements entered before January 1, 2022. The new bill would ban non-compete and non-solicitation agreements outright for many employees and place new conditions…
Continue Reading Soon-to-Be Illinois Law Will Prevent Many Non-Compete and Non-Solicitation Agreements With Employees

Leverage.

Maintaining superior leverage in an M&A transaction allows a buyer or seller to gain an advantage when negotiating terms of the transaction. If you don’t have it, it can cost you tens, hundreds, thousands or millions of dollars, depending on the size of the transaction. Buyers may gain leverage in a transaction during due diligence when the seller has not done its own due diligence prior to delivering requested business information to the buyer. In order to avoid…
Continue Reading Leverage: The Hidden Key in Contractual Due Diligence