- November 17, 2016
One issue that frequently arises in construction projects is the need to file a construction lien. Generally speaking, a construction lien is a mechanism by which general contractors, subcontractors, architects, suppliers and certain other individuals involved in construction projects can secure payment for the labor, services and/or materials that they performed or provided as part of the improvement of real estate. Depending on the person or entity seeking to perfect the construction lien and the type of project at issue, Wisconsin law has different procedures that a claimant must follow before the lien can be perfected. My goal here today is to provide you with an overview of how a general contractor can perfect a construction lien on a privately funded construction project. Thus, the following information does not apply to subcontractors or suppliers, or for projects involving payment bonds. Separate procedures apply in those situations.
- Attorney Randy Brotherhood's Article, “The Defend Trade Secrets Act of 2016: A New Federal Civil Cause of Action for Trade Secret Theft,” Published by The State Bar of WisconsinNovember 15, 2016
The State Bar of Wisconsin’s Business Law Blog recently published an article authored by Meissner Tierney shareholder Randy Brotherhood entitled “The Defend Trade Secrets Act of 2016: A New Federal Civil Cause of Action for Trade Secret Theft.” The article examines The Defend Trade Secrets Act of 2016 (Pub. L. No. 114-153), signed into law by President Barack Obama on May 11, 2016, establishing a new federal civil cause of action for trade secret theft.
- October 28, 2016
Attorney Adam Tutaj was featured in the October 21, 2016 edition of the Milwaukee Business Journal. The “Table of Experts” article titled, “Entrepreneurial Energy: Understanding the importance of nurturing startups to grow the region’s economy,” highlights the importance of startups to the local Milwaukee economy and what can be done to help develop an entrepreneurial ecosystem.
- October 19, 2016
So you're thinking of going into business with somebody else? Maybe a friend or a family member. Or perhaps somebody who already is a business acquaintance. There are a couple things that you might want to consider as you think about going into a venture with a partner.
- October 14, 2016
Earlier this summer, the IRS released a Private Letter Ruling taking the position that a non-spouse IRA beneficiary would be liable for federal income tax on assets transferred from an inherited IRA to the IRA decedent’s former spouse as required by the state’s community property laws. I.R.S. Priv. Ltr. Rul. 201623001 (June 9, 2016).
- August 3, 2016
With the advent of social media, one of the more common calls I get, is about civil defamation claims. Today’s digital climate enables people and entities to disseminate information at the speed of light, regardless of whether that information is true or false.
- July 13, 2016
The Wisconsin Supreme Court makes clear that an insurer’s defense obligation is controlled by the four-corners rule, and that policy exclusions can be considered in making a duty to defend determination.
- July 11, 2016
Once a business selects a trademark, the key next steps consist of, first, searching the trademark and clearing it for use, and, second, applying for federal registration of the mark with the U.S. Patent and Trademark Office (PTO).
- June 28, 2016
A question we are often asked is "What type of entity should my business choose for income tax purposes?" These so-called "choice of entity" issues are, of course, important for startup enterprises, but they can be even more important for successful, established businesses.
- Attorney Scott Brunner Co-Authors Article Titled: “Crowdfunding: A New Federal and State Form of Securities Offering”May 23, 2016
The State Bar of Wisconsin’s Inside Track Newsletter recently published an article co-authored by Meissner Tierney’s Scott Brunner, titled “Crowdfunding: A New Federal and State Form of Securities Offering,” which examines the new federal and state rules on equity crowdfunding.
- May 17, 2016
The concept of “choice-of-entity” has more application in the context of 501(c)(3) organizations than might appear at first glance. Apart from the form of entity through which an organization will seek exemption under Code Sec. 501(c)(3), choice-of-entity considerations arise in a number of contexts.
- May 12, 2016
Last week, the New York Court of Appeals issued an opinion in In re Viking Pump, 2016 N.Y. Slip Op. 03413, 2016 WL 1735790. The Viking Pump-related litigation has meandered through the Delaware courts for more than a decade.
- May 10, 2016
What is a trademark and what a business should think about when selecting a trademark as a commercial symbol to identify its product or service?
- April 16, 2016
Litigants venued in state courts outside of Wisconsin often have to issue subpoenas on individuals and entities residing in Wisconsin to take their depositions, inspect and obtain their documents, and inspect property under their control. The process that these out-of-state litigants must follow to subpoena these potential third-party witnesses residing in Wisconsin has changed.
- March 16, 2016
Meissner Tierney’s Scott Brunner has co-authored a new chapter on equity crowdfunding in the book titled Securities, Mergers, & Acquisitions in Wisconsin a publication of PINNACLE and the State Bar of Wisconsin.
- March 5, 2016
The benefits and efficiencies of Subchapter S status for an active trade or business are well known—but so are its limitations. Among these are the lack of flexibility presented by the “single class of stock” restriction and the general prohibition on having other for-profit entities as shareholders.
- March 3, 2016
Businesses in all industries have records that they use in the daily course of operations, especially in today's age of automation. With more documents being created and stored every day, it's important to have some sort of system, practice or policy in place to manage those documents.
- Attorney Tom Nichols Co-Authors Wall Street Journal Article: “Ending the One-Two Corporate Tax Punch”March 1, 2016
Attorney Tom Nichols and economist Brian Reardon discuss the effects that the current two-layer tax system have on U.S. companies and business owners and how that impacts overall economic growth.
- February 11, 2016
Every owner of a closely held business, at one point in time, is going to be involved in a real estate transaction in connection with their business. Whether it's a lease of a facility or the purchase of a vacant land or a building in connection with their business, at some point in time an owner of a closely held business will be involved in a real estate transaction.
- January 27, 2016
One of the most frequent questions an employment lawyer gets is the inevitable call from a client that says "we're ready to let somebody go,” or “we've made the decision to downsize,” or "I've been having a problem with an employee for several years and I just can't live with it anymore”.
- January 13, 2016
One area of business litigation that we often address is the issue of enforceability of non-compete agreements in Wisconsin. A non-compete agreement is a written agreement between an employer and employee that prohibits the employee, after termination of employment, from specific activities within a specific time period and a specific geographic area.
- December 22, 2015
Late last month, the IRS increased the cost of items that can be expensed as de minimis capital expenditures by businesses that don't have "applicable financial statements" (most small, closely held businesses) from $500 to $2,500. I.R.S. Notice 2015-82, 2015-50 I.R.B. 859.
- Attorney Pam Tillman Co-Authors Wisconsin Chapter for the Defense Research Institute’s Insurance Bad Faith: A Compendium of State LawNovember 17, 2015
Meissner Tierney’s Pam Tillman recently co-authored the Wisconsin chapter for the Defense Research Institute’s Insurance Bad Faith: A Compendium of State Law. Compendium authors were selected based upon their breadth and depth of experience and knowledge in defending against bad faith actions.
- November 1, 2015
In forming new business entities, as well as restructuring existing ones, whether or not two or more such entities should be grouped together for tax purposes comes up much more often now that the Patient Protection and Affordable Care Act1 (the “Affordable Care Act”) has mostly gone into effect.