Commercial Litigation

CARES Act Passed Providing Forgivable Loans to Maintain Business Continuity in Trying Times (Updated March 27, 2020)

By: Michael Van Someren and Lawrence J. Glusman The “Coronavirus Aid, Relief, and Economic Security Act” or “CARES Act” was signed into law by the president on March 27, 2020. The CARES Act has a number of provisions meant to allow employers to receive forgivable loans to pay business expenses and permit them to maintain continuity of operations...

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COVID-19 and Contract Enforceability

By: Daniel A. Kaminsky and Alexander T. Kay In the coming days, weeks, and months, it is likely that we will see failures to perform under contracts that are related to COVID-19 (e.g., failures to perform arising out of the ongoing temporary closures of businesses and institutions across the State of Wisconsin, the United States of America, and...

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Unlike Diamonds, Easements Are Not Always Forever

Unlike Diamonds, Easements Are Not Always Forever

By: Brian J. Pfeil Easements are extremely common in our everyday life and serve an important role in offering access to otherwise inaccessible tracks of land due to boundary lines.  Strip malls, shopping centers, multi-use buildings and other businesses often share parking lot space through an exchange of easements.  Many of us access retail...

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New Business Docket to Help Resolve Business Disputes

By D|K's Litigation Team Wisconsin may tweak the way its courts handle business disputes. Beginning July 1, a Commercial Court Docket, or “business docket,” will undergo a three-year trial period in Waukesha County and the Eighth Judicial District (which comprises Brown, Door, Kewaunee, Marinette, Oconto, Outagamie, and Waupaca Counties). After...

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Knowing is Winning: How to Trigger Insurance Coverage in Commercial Litigation

Knowing is Winning: How to Trigger Insurance Coverage in Commercial Litigation

By Susan G. Schellinger Quite simply, successful litigation from the plaintiff’s perspective is one that results in a net recovery. Whether or not a business should invest in litigation against a supplier, customer, or competitor is a business decision. That business decision often turns on many factors, but one crucial inquiry is whether or not...

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