Scamming, phishing, pharming, vishing -- people in the business world are well aware that hackers and other fraudsters have developed a myriad of schemes designed to obtain sensitive personal information and money. Every year, these schemes cause businesses to suffer significant financial losses. The FBI estimates that in 2020 business email...
The Importance of LLC Operating Agreements
Many people dream of one day starting their own business, the attraction of doing so being unique to the individual. For some, the notion of being their own boss is sufficient to cause them to start looking at prospective office spaces. For others convinced by visions of the business quickly becoming wildly successful, the claim to a...
Three Type of U.S. Patents and When to Use Them
Have you heard of a “design” patent? Maybe someone you know mentioned this as a less expensive alternative to a “regular” U.S. patent. The U.S. patent laws actually define three basic types of patents: utility patents, design patents, and plant patents. Utility Patents Utility patents are by far the most common type of patent. To date, over 11...

What’s Next for Employers: OSHA’s Vaccine and Testing Mandate
On Tuesday, November 16, 2021, litigation pending in several federal circuits regarding the federal vaccine/testing mandate described below was consolidated in the U.S. Court of Appeals for the Sixth Circuit. Below, we summarize the mandate, discuss the various court developments, and provide guidance as to steps employers could take while the...
Guidance for Businesses Resolving Multiple “Shelter in Place” Orders and Differing Definitions of “Essential Business”
By: Sherry D. Coley and Tiffany E. Woelfel Although California was the first state to issue a “shelter in place” order on March 19, 2020, it quickly became clear that it would not be the last. Since the 19th, approximately 21 states have issued similar orders as they combat the COVID-19 outbreak and try to flatten the curve. Not only are states...
Are You an “Essential Business” in Wisconsin Under the Safer At Home Order?
By: Mark G. Kmiecik, Abby S. Busler and Ryan M. Spott The State of Wisconsin has joined several other states in shutting down all nonessential businesses with its newly issued Safer At Home Order, which is effective at 8:00 a.m on Wednesday, March 25, 2020, and will remain in effect until 8:00 a.m on Friday, April 24, 2020, or until a superseding...
Governor Evers Announces Order Allowing Only Essential Businesses to Remain Open; Designations for Wisconsin Are Pending
By: Abby S. Busler On March 23, 2020, Governor Evers announced his plan to issue a #SaferAtHome order. This order will allow only “essential businesses” to remain open, encouraging social distancing and requesting that Wisconsinites stay at home. At Governor Evers’ 1:30 p.m. press conference, he announced the detailed order will be issued on...
Guidance to Manufacturers in Managing Operations during the COVID-19 Crisis
By: Sherry D. Coley and Tiffany E. Woelfel As the COVID-19 crisis continues for the foreseeable future, manufacturers will become the life-line of our country for two reasons. First, manufacturers will be relied upon to produce much needed supplies, both medical and home-essential supplies. Second, manufacturers will be critical to keeping the...
New Limits on Gatherings and Private Businesses in Wisconsin
By: Sherry D. Coley and Tiffany E. Woelfel Executive Order #5 This afternoon, Governor Evers and Secretary Palm of the Department of Health Services issued Emergency Order #5 (“EO #5”) in a further attempt to restrict the spread of COVID-19. EO #5 restricts mass gatherings of 10 or more people and will substantially impact businesses of all...

Secret Sales Still “On Sale” For Patent Purposes
By: Erin E. Kaprelian and Joseph S. Heino On January 22, 2019, the U.S. Supreme Court handed down its decision in Helsinn Healthcare S.A. v. Teva Pharmaceuticals Inc. The Helsinn case asked whether a sale of an invention to a third party, where the third party is required to keep the invention confidential, places the invention “on sale” under...