Publications
Anticipatory Breach of Contracts May Become More Common in a Time of Uncertainty

Anticipatory Breach of Contracts May Become More Common in a Time of Uncertainty

By: Timothy J.  Feldhausen The term “anticipatory breach” or “anticipatory repudiation” does not come up very often outside of the courtroom, but in this time of COVID-19 and disrupted supply chains around the world, it deserves a closer look.  Anticipatory breach occurs when a party to a contract demonstrates, either through its words or its...

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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...

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SEC Emphasizes Anti-Fraud Protections During COVID-19 Pandemic

By: Timothy J. Feldhausen On March 23, 2020, the co-directors of the Division of Enforcement of the U.S. Securities and Exchange Commission (SEC) issued a statement regarding market integrity during the COVID-19 pandemic[1].  Specifically, the statement serves to remind public companies of their obligations to maintain disclosure controls and...

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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...

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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...

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Practical Technology Considerations for Employers Implementing Work at Home

By: Katherine M. Hampel and M. Andrew Skwierawski As businesses have moved to largely remote operations in response to COVID-19, employers are at an increased risk for exposure of sensitive information and are more susceptible to cyber threats than in traditional office settings. While the potential health effects of the virus were known ahead of...

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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...

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