As most businesses know, getting paid can sometimes be difficult and time consuming. Unfortunately, in certain cases trying to collect on an outstanding debt can also be risky. The U.S. Seventh Circuit Court of Appeals (covering Illinois, Indiana and Wisconsin)...
News & Publications
Recovering Attorneys’ Fees: Exception to the American Rule for ‘Wrongful Act’ of Breaching Contract
The Wisconsin Court of Appeals recently held that land contract purchasers who were brought into a foreclosure action by a bank against the land contract sellers could recover certain attorneys' fees from the sellers. The case is significant because the land contract...
Non-Compete Rules Apply to Agreement to Not Solicit Co-Workers
Businesses have long sought to protect their customer relationships. Accordingly, companies may try to restrict the ability of their employees to compete for those customers after the employment relationship terminates. Post-employment restrictions are typically set...
Sheriff’s Sale at 55% of Fair Market Value Does Not Shock the Conscience When Homeowners are Only Playing for Time
The Wisconsin Court of Appeals recently held in Green Tree Servicing v. Lorang (December 14, 2017) (per curiam), that a trial court did not erroneously exercise its discretion when it confirmed a sheriff's sale in a foreclosure action at a purchase price that was as...
Is LIBOR Going the Way of the Dodo?
The LIBOR interest rate benchmark is set to be phased out as the main index in the market by the end of 2021. An estimated $350 trillion of loans and contracts are linked to LIBOR, including mortgages and student loans. Many of the financial arrangements that rely...
Bartol Named Managing Member
Stroud, Willink & Howard, LLC is pleased to announce that the firm has elected Attorney Joseph P. Bartol as its Managing Member. Joe has been with the firm since 1994 and succeeds Attorney Robert R. Stroud, who has stepped back from the position after 23 years of...
Worse Comes to Worst: Successor Lender Sanctioned for Failing to Correct Predecessor’s False Documents
The Court of Appeals recently ruled in Central Bank v. Hanson that a successor lender was properly sanctioned for the false testimony of its predecessor. The predecessor lender made errors in its loan documents and then submitted false affidavits to the trial court...
Time Flies in Small Claims Court: Unique Deadline Calculation Rules Can Be a Trap for the Unwary
Litigation is deadline driven, and missing a statutory or court-ordered deadline can have dire consequences. Because many deadlines are expressed as a certain number of days from the occurrence of an event (e.g., a defendant might have 20 days after being served with...
Eight Stroud Attorneys Recognized as Best Lawyers® 2018
The Best Lawyers in America© 2018 (Copyright 2018 by Woodward/White, Inc., of Aiken, SC) recently recognized eight attorneys from Stroud, Willink & Howard, LLC in its 2018 edition. These attorneys were selected for inclusion by their peers. We proudly recognize...
Insurance Agents May Be Deemed ERISA Fiduciaries – Act Accordingly
While insurance agents have long sold a variety of beneficial products, agents have generally not been considered 'fiduciaries' under the Employee Retirement Income Security Act ("ERISA"). The distinction between fiduciaries and non-fiduciaries is important because a...