It is safe to say that the Federal Bench in Texas is at it again. Just a few months ago, the Northern District of Texas struck down the Federal Trade Commission’s nationwide ban on non-compete agreements just days before it was set to take effect. Ryan LLC v. Federal Trade Commission, No. 3:24–cv–986-E (N.D. Tex.). Now, on December 4, 2024, the Eastern District of Texas just issued a temporary injunction prohibiting the Federal Government from enforcing the Corporate Transparency
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Latest from Wisconsin Business Law Blog
FinCEN Finalizes Beneficial Ownership Information Reporting Requirements
The Corporate Transparency Act (the “CTA”) has been in place since 2020 when it was passed as part of the National Defense Authorization Act for Fiscal Year 2021; however, after a long administrative rulemaking process, the Beneficial Ownership Information (“BOI”) reporting requirements have only recently been finalized and will first become effective on January 1, 2024 (the “Effective date”).
The CTA was enacted in response to the vast and increasing use of corporate entities and shell-companies by bad actors
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Wisconsin Abolishes the Personal Property Tax
On June 20th Governor Evers signed into law 2023 Wisconsin Act 12 (the “Act”), which repeals the personal property tax that has long been an administrative burden for authorities and a source of confusion for taxpayers.
Under the former provisions, both real and personal property was (and is until January 2024) subject to tax unless otherwise exempted by law. Certain personal property might have been exempted based on factors such as its character, predominant use, legal classification, etc. Prior
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Biden’s Tax Proposals: What They Mean for You
This article was put together by Noah G. Buhle, a law clerk with our firm and a Senior at Marquette University Law School, in Milwaukee, Wisconsin. Thanks for Noah’s great effort and nice summary!
Biden Tax Plan and Ramifications
President Joe Biden, in his campaign and in several speeches after being inaugurated, has stated his intent to change the tax code. One common theme of his statements has been that the average lower and middle class American will not
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How to Sign Up to Get the Coronavirus Vaccine in Your State
I would like to thank Diane Tomb of the American Land Title Association and NPR, which put together the following information, who together are making our lives easier by showing us how to get vaccinated against COVID-19. Click here for the link!
Take care of yourselves and let’s all get vaccinated!
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Time for Wisconsin Politicians to Stop Playing Politics with Peoples’ Lives
Wisconsin is making news! But not good news. Wisconsin has joined the elite group of states with the worst numbers in Coronavirus cases, hospitalizations and deaths. What’s the problem, and what’s being done about it?
The problem is that there is no plan. The politicians are more concerned about winning or making the other side lose than they are in protecting the lives of their constituents. It’s time for the bickering to end.
Our Governor Evers is weak. He
Continue Reading Time for Wisconsin Politicians to Stop Playing Politics with Peoples’ Lives
Can Wisconsin’s Governor Expose Businesses Which Suffer Two or More COVID-19 Cases?
Governor Tony Evers this week announced that he would release names of businesses that have had two or more employees test positive for COVID-19 or are linked to two or more contact tracings. It is believed this list was to be released today, October 2, 2020.
A group, consisting of WISCONSIN MANUFACTURERS AND COMMERCE, MUSKEGO AREA CHAMBER OF COMMERCE, and NEW BERLIN CHAMBER OF COMMERCE AND VISITORS BUREAU sought to stop that release in an action brought in Waukesha
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PPP Loan Forgiveness: What Wisconsin Businesses Need to Know, by Kieran O’Day, as edited by Thomas G. Schober
This article is the marvelous work of our current law clerk Kieran O’Day, who will be finishing his stint with us shortly and heading on to clerk with the Supreme Court for the State of Wisconsin!
Now that many of the initial small businesses who received PPP loans are in full swing on using such funds, many are looking toward the loan forgiveness provided by the CARES Act. Additionally, in anticipation of forgiveness applications, there have been significant updates
Continue Reading PPP Loan Forgiveness: What Wisconsin Businesses Need to Know, by Kieran O’Day, as edited by Thomas G. Schober
Wisconsin is (Re)Open for Business: The Legal Risks for Businesses Reopening during the COVID-19 Pandemic
This post was drafted primarily by our talented law clerk, and recent Marquette University Law School Graduate, Kieran O’Day, who will soon begin a clerkship with the Wisconsin Supreme Court. Congrats to Kieran on his graduation!
On May 13, 2020, the Wisconsin Supreme Court declared the extended Safer at Home Order unlawful, which meant businesses originally deemed “nonessential” could reopen. After the order was issued, a handful of counties and other municipalities implemented their own orders that largely reflect
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The Right to Vote by Proxy in a Wisconsin Corporation
This article is the marvelous work of our current law clerk Kieran O’Day, who will be finishing his stint with us shortly and heading on to clerk with the Supreme Court for the State of Wisconsin!
Wisconsin Statutes Permitting Proxies Generally
Wisconsin corporations are governed by Wisconsin Statutes Chapter 180. Specifically, Wisconsin Statute Section 180.0722, titled “Proxies,” sets forth the process for and requirements of proxy voting for Wisconsin corporations. Wisconsin Statute Section 180.0722(1) states in its entirety, “A
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Signed. Sealed? Delivered. Your Guide to Wisconsin Real Estate Transactions During COVID-19
Due to the COVID-19 crisis and the impact of the Wisconsin Safer at Home Order , we have been faced with the challenge of how to legally accomplish real estate transactions while adhering to social distancing requirements.
Before we even had heard of the concept of “social distancing”, a real estate transaction would culminate in an in person “closing”. At the closing, all of the involved parties physically get together in one location and execute all documents to finalize
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“Full Time Equivalents” under the CARES Act, by Kieran O’Day, as edited by Thomas G. Schober
What are “Full Time Equivalents” (or “FTE”) under the CARES Act, as they relate to PPP loan forgiveness? We did some digging and found several helpful links. First, is the healthcare.gov website that has an FTE calculator. According to healthcare.gov, “full time” is an average of at least 30 hours a week for more than 120 days/year. The calculator on the above link also has a “Learn how FTEs are calculated” link that gives a basic description. We played
Continue Reading “Full Time Equivalents” under the CARES Act, by Kieran O’Day, as edited by Thomas G. Schober
Wisconsin “Safer at Home” Order II, by Kieran O’Day, as edited by Thomas G. Schober
Here is a summary of the changes in Wisconsin Governor Evers’ extended Safer at Home Order. An important point to begin with is that it does not add any or remove categories of essential businesses. This Order in in effect until May 26, 2020 or until a superseding order comes from DHS.
Safe Business Practices
Section 2(b) of the Order outlines several practices that the Department of Health Services either encourages or requires essential business that remain open to
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Emergency Injury and Disaster Loans (EIDL) and the Paycheck Protection Program (PPP), a Comparison, by Kieran O’Day
This article is the marvelous work of our current law clerk Kieran O’Day, who will be finishing his stint with us shortly and heading on to clerk with the Supreme Court for the State of Wisconsin!
In a recent post, Attorney Jeremy Klang discussed the Paycheck Protection Program (PPP) loans under the CARES Act. This post will serve as an update regarding how the PPP and the Emergency Injury and Disaster Loans (EIDLs) interact. Head to the Business Law
Continue Reading Emergency Injury and Disaster Loans (EIDL) and the Paycheck Protection Program (PPP), a Comparison, by Kieran O’Day
IRS Extends Section 1031 (Starker) Deadlines
We just received word that late yesterday, the IRS extended the 45 and 180 day deadlines for Section 1031 transactions. It appears that such deadlines which fall between April 1st and July 14th will be extended to July 15, 2020. We have also been alerted that our colleagues at IPX 1031 are working diligently with the IRS requesting that the start date be moved back to January 20th. We will keep you informed!
For now, if you have a
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Paid Leave under the FFCRA Part II: Department of Labor Guidance, by Kieran O’Day
This article is the marvelous work of our current law clerk Kieran O’Day, who will be finishing his stint with us shortly and heading on to clerk with the Supreme Court for the State of Wisconsin!
To help navigate the Families First Coronavirus Response Act (FFCRA), the Department of Labor (DOL) published guidance on April 6, 2020. In our last post, we discussed the ins and outs of the leave provisions of the FFCRA. In this post, we will
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