Business Law Section | State Bar of Wisconsin

The Business Law Section brings together members who work in the fields of corporation, banking, partnership, securities, antitrust, trade regulation, commercial law, employer-employee relations, insurance, intellectual property and other areas of business law. Members are focused on developing and improving the law in their areas of expertise.

The State Bar of Wisconsin offers its members the opportunity to network with other lawyers who share a common interest through its 24 sections. Learn more at http://www.wisbar.org/groups.

Website: https://www.wisbar.org/forMembers/Groups/Sections/BusinessLawSection/pages/home.aspx
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Latest from Business Law Section | State Bar of Wisconsin

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For decades, Delaware has been the leading destination for out-of-state corporate formation. While there are many reasons for this, Delaware views its advantages as including its system of laws, which Delaware describes as “optimal” for “engaging in ethical and profitable business,” and which are predictable, stable, and kept up-to-date every year.[1] Moreover, it has dedicated business law courts with expert corporate law judges who are impartial and resolve disputes efficiently. In addition, the Secretary of State’s office acts…
Continue Reading From Delaware to Wisconsin? What the ‘Dexit’ Trend Could Mean for Clients

You ask a junior associate to draft a services agreement. A day later, a polished-looking document lands in your inbox. You later learn much of it was written not by the associate, but by a generative artificial intelligence (AI) tool.

This is no longer hypothetical. Generative AI is now used to draft and redline contracts, write and polish memoranda, and review volumes of documents in data rooms, among other things. Already in use at many firms, these tools offer…
Continue Reading When Associates Use AI: The Supervising Lawyer’s Responsibility

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The Cybersecurity Maturity Model Certification 2.0 (CMMC 2.0) is a Department of Defense (DoD) initiated standard meant to assess defense contractor compliance with existing information safeguarding requirements for federal contract information (FCI), as defined in section 4.1901 of the Federal Acquisition Regulations (FAR), and controlled unclassified information (CUI), as outlined in Title 32 CFR 2002.4(h). The Rule requires all entities who store information classified as FCI or CUI to comply with cybersecurity standards set in CMMC 2.0. The Issue…
Continue Reading Beyond Cybersecurity: The Business and Legal Risks of CMMC 2.0

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S corporations (S corps) serve a purpose that is very attractive to clients, especially in Wisconsin where there are so many closely held family businesses. But what many clients fail to realize is just how delicate S corps can be. The rules and requirements for S corps are incredibly rigid, and they are extremely easy to run afoul of them. Oftentimes, I find that the client is so focused on the benefits that they do not internalize the restrictions…
Continue Reading That S Corp Election May Not Be Valid: A Common Oversight in LLC Operating Agreements

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With experience comes lessons. Some of those lessons are learned because of stunning success, and others through epic failures. This list represents takeaways to date in navigating a career in commercial law, both in private practice and in-house. They are offered in a spirit of hope that they contribute to stunning success stories and avoidance of epic failures.
James Wawrzyn headshot James Wawrzyn, Marquette 2006, is a senior corporate attorney with Forest County Potawatomi, Milwaukee.

Be curious and keep learning. In

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Continue Reading 8 Tips to Excel in Commercial Law Practice

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You’ve got a brilliant business idea, but choosing the wrong legal structure could cost you thousands in taxes, expose your personal assets to creditors, or create unnecessary complications as you grow. The business structure you select isn’t just paperwork – it’s a foundational decision that affects your liability protection, tax obligations, fundraising capabilities, and long-term flexibility. In this article, I walk through the most common business structures, compare their pros and cons, and help you determine which one aligns

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Continue Reading Choosing the Right Business Structure

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Trudging up Bascom Hill is a hallmark of the UW Law student experience. All who summit Bascom with a UW Law diploma know the breathtaking climb well. This familiar climb unites generations of UW Law students: every fall, a new class of 1Ls arrives at the base of Bascom, then embarks on the same three-year climb toward graduation. Although Bascom’s first ascent – 1L year – is known to be a challenging journey for every 1L class, this year’s

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Continue Reading Bascom Hill Just Got Steeper: 2L Summer Recruiting Now Starts 1L Fall

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Lawyers regularly help their clients form business entities. In the modern day, the large majority of entities that are formed are formed as limited liability companies (LLCs).[1] While forming an LLC is fairly simple – one simply needs to prepare and file with the Wisconsin Department of Financial Institutions (DFI) a certificate of formation and have an operating agreement (which can be informal and oral, though preferably is in writing) – there is a subsequent step practitioners be

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Continue Reading Primer on Wisconsin Securities Laws for LLC Interests

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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.

Scott Smith headshot

Scott

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Continue Reading Five Terms Wisconsin Municipalities Should Revise Before Signing Construction Contracts

Lawmakers have introduced a bill (LRB 25-1726) in both houses of the Wisconsin legislature to legalize and regulate medical marijuana. If passed, Wisconsin would be the 41st state to legalize medical cannabis.

The bill was introduced in the Senate on Sept. 29, 2025, by President Mary Felzkowski, R-Tomahawk, and Senate President Pro Tempore Patrick Testin.

The bill comes on the heels of anticipated federal action, including statements by the Trump administration about cannabis rescheduling for purposes of the Controlled…
Continue Reading Is Legalized Medical Marijuana Coming to Wisconsin?

The “home cooking” or DYI of business documents is nothing new. There have always been people who have chosen to draft important documents without the help of an attorney, often to their detriment. The recent rise of AI tools which offer content generation in moments has seen many business owners and entrepreneurs use them to generate contracts, corporate documents, and even complex legal strategies without the involvement of attorneys. Why AI-drafted Agreements Often Fall Short While AI tools typically…
Continue Reading AI-Written Contracts: What to Do When a Client Brings You One

Opportunity Zones initiate economic growth and job creation in low-income communities by using tax breaks to incentivize investment. Originally created by the 2017 Tax Cuts and Jobs Act (TCJA), the Opportunity Zones program was recently modified by the One Big Beautiful Bill Act (OBBBA) in ways that lawyers advising real estate professionals and investors should keep in mind. This article provides a sampling of those changes, after providing a basic overview of the program.

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James Wawrzyn, Marquette 2006,

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Continue Reading OBBBA Rewrites the Rules for Opportunity Zone Investments

Diversity, Equity, and Inclusion (DEI) initiatives are under fire, being materially scaled back or jettisoned entirely by both the federal government and private employers.

Patricia J. Lane headshot

Patricia Lane, Chicago 1986, is a partner with FisherBroyles, Milwaukee.

Jeremy R. Polk headshot
Jeremy R. Polk, Northwestern 2004, is a partner with FisherBroyles, Milwaukee.

Nicholas J. Faleris headshot
Nicholas J. Faleris, Northwe​stern 2006, is a partner with FisherBroyles, Milwaukee.

Corrie E. Osborne headshot
Corrie E. Osborne, Chicago 2020, is a counsel with FisherBroyles, Milwaukee.

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With the future…
Continue Reading Anti-Discrimination Provisions in Credit Agreements: Time for a Review

While oral agreements can be legally binding, they are generally not advisable for dental partnerships – or any business partnership. The absence of a written record makes them difficult to enforce, especially when disagreements arise.

Lanre J. Abiola headshot

Lanre J. Abiola, Marquette 2022, is founder of
Prestige Law Office, LLC, Milwaukee, where he focuses on business law, dental transitions law, estate planning, and probate​. He is currently on the State Bar of Wisconsin Business Law Section board of directors.

A…
Continue Reading Why Dental Partners Should Avoid Oral Agreements

I was talking to an experienced farmer a few years ago about my little farm. I had a few goats, hogs, and chickens. I told him, “I hate goats!” In truth, I do not actually hate goats, but I had developed a dislike of those on my farm.

Peter S. Trotter

Peter S. Trotter, Illinois 2000, is vice president, general counsel, and secretary of Mason Companies, Inc., in Chippewa Falls.

After making this strong statement, I felt the need for further…
Continue Reading On Tolerance and the Practice of Law. And Goats.

Burdensome consumer-like disclosures are making their way into the commercial realm as nine states have enacted legislation mandating that specific disclosures be made to financing recipients in certain commercial financing transactions at (or, in some cases, before) the consummation of the financing transaction.

Patricia J. Lane headshot

Patricia Lane, Chicago 1986, is a partner with FisherBroyles, Milwaukee, where she is chair of the firm’s Banking and Financial Services Practice Group.

To date California, Connecticut, Florida, Georgia, Kansas, Missouri, New York, Utah,…
Continue Reading Nine States Now Require Commercial Financing Providers to Provide Consumer-Like Disclosures