Filed Under: Business Law Employment & Labor Law Environment and Land Use Law
Keeping Construction Workers Safe in the Face of Climate Change and Extreme Heat
It’s May 1st, which means it’s the beginning of construction safety week. It’s also the day those of us living in Wisconsin can begin to believe we won’t see snow again for at least a few months. And while we’re all looking forward to warmer days ahead, we also have to prepare for days that […]
Filed Under: Business Law Dealership & Franchise Law
The Wisconsin Fair Dealership Law Enters Its 50th Year: An Introduction
On April 5, 1974, Governor Patrick Lucey signed the Wisconsin Fair Dealership Law into law, hailing it as the Magna Carta for small businesses. In his words, the WFDL was enacted to “protect the thousands of small businessmen in Wisconsin” who operate “filling stations, building materials and supply houses, lumber yards, sports equipment stores” and […]
Filed Under: Appellate Law Business Law
Wisconsin Court of Appeals Allows Negligence Claims for Cybersecurity Attacks, Holds that Invasion of Privacy Claims Require Intentional Conduct
The Wisconsin Court of Appeals allows negligence claims against businesses for cybersecurity attacks to move forward but holds that invasion of privacy claims require intentional conduct. In the age of technology, more businesses are choosing to store their records in electronic databases for a variety of reasons, such as reducing paper files or to centrally […]
Filed Under: Business Law Environment and Land Use Law Litigation
Beyond Building Green: Resiliency Resources and Potential Requirements for Addressing Climate and Extreme Weather
Incorporating resiliency into the built environment is something architects and engineers are increasingly focusing on in the face of the threats posed by climate change. Both the insurance industry and evolving standards of care may also soon require engineers and architects to incorporate resiliency into their designs, even if individual professionals do not feel climate […]
Filed Under: Business Law Environment and Land Use Law
Global Resiliency Building Guidelines: What Engineers and Architects Need to Know about Building Codes and Climate Change
Building codes are something most of us don’t hear much about (unless you binge-watch HGTV reno shows like I do). Created to establish minimal life safety requirements for the construction/renovation of buildings, they can vary from state to state and even town to town. Building codes first became part of the American legal landscape in […]
Filed Under: Business Law Environment and Land Use Law Government Law
The SEC May Require Companies to Disclose Climate-Related Risks and Information
As governments across the globe and at every level—from local to national—work to find productive means of addressing the increasing threats posed by climate change, a new government agency entered the fray last spring: the SEC. In March, the SEC proposed that companies begin providing climate-related information disclosures. The potential implementation of the rule, however, […]
Filed Under: Appellate Law Business Law Insurance Law Litigation
Wisconsin Joins the Majority: Profit Losses Due to COVID-19 Not Insured
Nationwide, restaurants and bars felt financial strain over the past two years. With measures in place to prevent the spread of COVID-19, many food and beverage businesses were subject to restrictions on the use of their in-person dining rooms. In a recent case, the Wisconsin Supreme Court found that COVID-19 related business interruption losses were […]
Filed Under: Business Law Litigation
Seventh Circuit Decides “Corn Syrup” Advertising Feud between Molson Coors and Anheuser-Busch
The Seventh Circuit has weighed in on the highly publicized advertising dispute between beer giants Molson Coors and Anheuser-Busch. See Molson Coors Beverage Company v. Anheuser-Busch Companies, LLC, Nos. 19-2200, 19-2713, 19-2782, 19-3097 & 19-3116 (7th Cir. May 1, 2020). In early 2019, Anheuser-Busch began advertising that Miller Lite and Coors Light use corn syrup […]
Filed Under: Appellate Law Business Law
Court of Appeals Applies Economic Loss Doctrine to Subcontractor Dispute under Interrelated Contracts Theory
The Wisconsin Court of Appeals recently issued a decision expanding the economic loss doctrine to horizontal claims by subcontractors who lack contractual privity. See Mechanical, Inc. v. Venture Electrical Contractors, Inc., No. 2018AP2380 (Apr. 22, 2020). The issue was whether one subcontractor could assert a negligence claim seeking purely economic losses (in this case delay […]
Filed Under: Appellate Law Business Law
Seventh Circuit Upholds Dismissal of Subcontractor’s Meritless Claims for Damages Based on Customary Bid Negotiations with General Contractor
Earlier this week, the Seventh Circuit affirmed the district court’s order granting our client’s, Annex Construction, LLC, motion for summary judgment dismissing all claims brought against it by a framing subcontractor, Skyrise Construction Group, LLC. See Skyrise Construction Group, LLC v. Annex Construction, LLC, Case No. 19-1461 (7th Cir. April 21, 2020). In a unanimous […]
Filed Under: Business Law
Wisconsin Small Business Guide to the CARES Act
The programs in the Coronavirus Aid, Relief, and Economic Security (CARES) Act, signed into law March 27, 2020, are intended to assist business owners. When implemented, there will be many new resources available for small businesses, as well as certain nonprofits and other employers. This guide provides information about the major programs and initiatives that […]
Filed Under: Business Law
Potential Insurance Coverages Available to Wisconsin Businesses for Losses Arising from COVID-19 Pandemic
With the recent outbreak of the coronavirus (COVID-19) evolving into a worldwide pandemic, virtually every business stands to incur substantial economic losses. One of the options businesses should consider to limit or otherwise mitigate these losses is whether any of the policies in their insurance portfolios for which they paid substantial premiums should be shouldering […]
Filed Under: Appellate Law Business Law
Wisconsin Supreme Court Declines To Change Successor Liability Law
In 2018, we flagged an unpublished, per curiam decision by the Wisconsin Court of Appeals as unusual. It seemed that the court of appeals, while adhering to the most recent precedent, was strongly signaling that it thought that precedent was wrongly decided and that the Wisconsin Supreme Court should revisit the scope of exceptions to […]
Filed Under: Appellate Law Business Law
Has the Wisconsin Court of Appeals Shown A Path to Change Successor Liability Law?
Denasha Scott, a partner in the firm's Milwaukee office, was among this year's Wisconsin Law Journal's Women in the Law honorees. The Wisconsin Law Journal honored outstanding achievement by the top women in the practice of law who by achieving success, have also paved the way for success for other women in the legal profession.
Filed Under: Business Law
Wisconsin Issues Emergency Rule Implementing Wayfair Requiring Internet Sellers to Collect Sales Tax
On September 6, 2018, the Wisconsin Department of Revenue (“WDOR”) issued Emergency Rule 1819 requiring out-of-state internet sellers to collect and remit Wisconsin sales taxes if the seller’s sales or number of transactions exceed the substantial nexus thresholds upheld by the U.S. Supreme Court in its June 21, 2018 decision in South Dakota v. Wayfair, […]
