The U.S. Supreme Court will soon decide a regulatory takings case stemming from a dispute over a family cabin located on the St. Croix River in Hudson, Wisconsin. On March 20, 2017, the Supreme Court heard oral arguments in Murr v. Wisconsin. The legal term "taking"...
News & Publications
Keep the “Limited Liability” in your “Limited Liability Company”
Forming a limited liability company ("LLC") in Wisconsin is easy. All you need is $130.00 and the creativity to come up with a name that has not been previously registered. However, simply paying the filing fee and registering your business as an LLC with the...
Forbearance is Adequate Consideration for Note and Guarantee
The Wisconsin Court of Appeals has affirmed a trial court determination that a company's agreement to forego or postpone legal action was adequate consideration for a note and guarantee. Hart, et al. v. ASFFH Corp., et al., 15AP2365. A Corporation and its owner...
Proposed Law Providing For Bolstered Judicial Authority Might Benefit Employers
Employers may soon find more success when challenging Department of Labor, EEOC, and other Federal agency actions. The U.S. House of Representatives recently passed the Regulatory Accountability Act of 2017, which is now awaiting the Senate's approval. The Act will...
New Guidance from EEOC Includes “Promising Priorities” for Employers
Almost 20 years ago, the United States Equal Employment Opportunities Commission ("EEOC") released a compliance manual outlining its interpretation of federal law prohibiting retaliation. Since that compliance manual was released, there have been countless court...
Lender’s “Poor Record-Keeping and Business Practices” Results in Dismissal of Foreclosure Action
The Wisconsin Court of Appeals has affirmed a trial court determination that a lender breached the terms of its note and mortgage as well as its covenant of good faith and fair dealing in its dealings with its borrower. Nationstar Mortgage LLC v. Stafsholt, 2015 AP...
Stroud Attorneys Named 2016 Super Lawyers
Stroud, Willink & Howard announces that seven of its attorneys were named by Wisconsin Super Lawyers® Magazine as top attorneys in their practice areas for 2016. Inclusion on the list indicates that attorneys are among the top five percent of attorneys in the...
My Business Just Received a Subpoena. Now What?
If you own a business, the day may come when you are served with a Subpoena. The Subpoena could relate to a lawsuit involving a business partner, customer, supplier or employee of yours. The Subpoena will typically: (1) demand the production of a wide range of...
21st Century Compliance: New “Smart” I-9 Forms
Beginning January 21, 2017, employers must begin using an updated Form I-9. The new form will be available by November 22, 2016. This "smart" form, which includes structural changes and error-checking features, is designed to reduce areas of confusion on the form...
Look Out Construction Lenders, Your Title Policy May Not Cover Liens
The Seventh Circuit Court of Appeals with appellate jurisdiction over Illinois, Indiana and Wisconsin recently held that the standard-form title-insurance policy that lenders purchase for ongoing construction projects may not protect against construction liens if the...