Contracts

RSS Link

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…
Continue Reading NCAA to Move to Single Transfer Portal for DI Football

Resolving Vendor and Supplier Disputes Through Business Litigation
 Posted on September 19, 2025 in Commercial Litigation
Every business, from the family-owned corner shop to the multi-state warehouse distributor, depends on vendors and suppliers. Suppliers provide the raw materials, finished goods, or essential services that keep operations running. When those relationships break down, the consequences are not merely inconvenient. They can threaten production schedules, strain cash flow, and damage client relationships on a long-term basis.

Across Wisconsin, vendor and…
Continue Reading Resolving Vendor and Supplier Disputes Through Business Litigation

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…
Continue Reading U.S. Supreme Court Upholds Wire Fraud Conviction for DBE Fraud, Notwithstanding Lack of Economic Harm

Congratulations on successful job interview!

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,

…
Continue Reading Navigating Mergers and Acquisitions: The Science and Art of Transition Service Agreements

A little less than a year ago, businesses were scrambling to get ready for the then-impending Federal Trade Commission’s (FTC) final rule that would have blocked nearly all non-compete agreements between employers and employees. A Texas federal district court put all of that on hold in August 2024, holding that the FTC didn’t have the authority to issue the non-compete rule.

Since then, the issue has largely faded from headlines as businesses continued on as before the FTC…
Continue Reading Employee Non-Competes: Where We Stand Today

Most projects get completed and finally paid without having to resort to outside parties to resolve a dispute. Attorneys maximize the chance of success by teaching clients from our experiences – particularly clients who don’t have a lot of in-house knowledge about the most frequent causes of disputes.

James M. Dash headshot
James M. Dash, Houston 1985, is a founding equity member with Carlson Dash LLC in Milwaukee, where he concentrates his practice on the law of business in construction and design.

…
Continue Reading Avoid Project Disputes Before They Begin: The Lawyer’s Role in Guiding Client Expectations

Startups move quickly. Founders are focused on building, shipping, and staying alive. Legal work tends to come in later, often after something has already gone wrong. At that point, fixing the issue usually costs more than it would have to prevent it.

After years of working with startups, I have seen a handful of problems show up again and again. They are simple to avoid if you ask the right questions early. Here are the five conversations I wish…
Continue Reading Start Smarter: The Legal Basics Every Startup Needs

Parties to mergers, acquisitions and other corporate transactions have long relied on the Delaware courts’ predictable interpretation and enforcement of contracts as written. Recently, the Delaware Supreme Court (the “Court”) has signaled a potential change of course in its decision in Thompson Street Capital Partners IV, L.P. v. Sonova United States Hearing Instruments, LLC (“Thompson Street Capital“). Drawing on public policy arguments outside the four corners of the merger agreement at issue in the case, the Court suggests that…
Continue Reading Delaware Supreme Court Decision Could Impact Post-Closing Indemnification Rights in M&A Deals

You may believe that your company has an unfettered right to do what it wants with a computer program created by its workers—but that may not be the case.

Consider the two similar scenarios below:

Suppose that your company is fortunate enough, or substantial enough, to have one or more software developer employees. Suppose also that one of your software developers writes the code for a new computer program that you would like to market.

Now, suppose your company

…
Continue Reading I Paid for That Software to Be Developed, So Why Don’t I Own It?

In any transaction, the spotlight usually shines on the main agreement. That’s where the negotiation happens, the signatures go, and the headlines get made.

But the real guts of the deal? They’re often found in the documents no one talks about.

Lien releases. Bills of sale. Assignments. Resolutions. Certificates. Notices.

These so-called ancillary documents may not get much attention, but they’re what make the deal enforceable, functional, and safe. They transfer ownership, clear title, allocate risk, and ensure everyone…
Continue Reading The Deal is in the Details

Federal projects can be complicated – prime contractors must deal with often exacting government performance standards and obscure federal legal requirements.

Subcontracting on a federal project adds an increased level of complexity, as the subcontractor must not only meet the prime’s contractual requirements but also comply with many of these same federal clauses, which are duplicated or “flowed down” from the prime contract to the subcontract.

Samuel W. Jack headshot

Samuel W. Jack, George Washington University 2008, is of counsel with Dempsey

…
Continue Reading Navigating Flow-Down Clauses in Federal Projects

The Social Security Administration (SSA) warned last week that Trump’s Department of Government Efficiency’s efforts to reduce federal spending may result in “significant workforce reductions” across the agency, which is responsible for processing some 2 million benefit applications per year.  

This comes at a time when the SSA is already short-staffed and dealing with extensive backlog. Indeed, once an individual has submitted their application for social security disability benefits (SSDI), it takes 6 to 8 months to…
Continue Reading Will Cuts to the Social Security Administration Impact my Private Long Term Disability Benefits?  

If only you could get ethics credit for reading this post.

For years, the estate of Leonard Cohen has been embroiled in litigation involving Cohen’s former attorney-turned-manager, and the law firm that allegedly forged trust documents in order to bestow power upon that individual. The saga continues, with a new lawsuit accusing the firm of malpractice. Read the details at your leisure and, misconduct aside, contemplate the inherent conflict of an artist’s attorney also serving as the artist’s manager.
Continue Reading Arts and Entertainment Law: Attorney as Manager?

If you are applying for Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), or both, it often takes a significant amount of time to get approved. However, once you are approved, you may receive not only ongoing monthly payments but also a lump-sum award for the months—or even years—during which you were disabled and should have been receiving benefits. 
Exactly how much you might receive in back benefits depends on when you applied, when your disability began, and…
Continue Reading How Much Can I Receive in Social Security Back Benefits?

A Medicare Set-Aside Agreement (“MSA”) is an agreement that allocates a portion of the funds obtained through the settlement of a worker’s compensation claim for deposit into a bank account or annuity in order to fund the future treatment of a workplace injury. In order to protect the interests of Medicare, an injured worker who has settled their claim, is enrolled in or has applied for Medicare, and has been compensated for future treatment as part of a settlement,…
Continue Reading What is a Medicare Set-Aside Agreement

 For most ERISA long-term disability (LTD) cases that proceed to court, the case is decided on a closed administrative record in which the judge can only review the information contained in the insurer’s claim file as of the date it rendered its final decision. In other words, no new evidence can be introduced during the course of the lawsuit. This also means that the judge will not have the opportunity to meet you, ask questions of you, or hear…
Continue Reading How Using Photos in Your LTD Case Can Strengthen Your Claim