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Milwaukee employment contract attorney non-compete clauseBy Attorney Erin Strohbehn

A non-compete clause or agreement is a written contract between an employee and employer that restricts the employee from interacting with others in a way that would compete or interfere with their current employer. This type of contract serves an essential function in commercial life, lowering the risks of exposing a company’s professional secrets, client information, and other strategic tactics and business moves. Although a company cannot force an employee to sign a non-compete clause, an employer may dismiss or choose not to hire a person who declines to sign. When disputes over non-compete agreements arise, commercial litigation may be necessary.

Non-Compete Clause Requirements and Limitations

Typically, non-compete clauses must state the reason for the agreement, be effective on a certain date and for a limited period of time, and list a specific geographic area where they will apply. Some include a non-solicitation clause that restricts an employee from soliciting other employees of the company and imposes penalties if the non-compete clause is broken. Non-compete clauses cannot impose restrictions that would affect a person’s ability to earn a living, and they cannot disallow an individual from gaining employment. The terms of these contracts must be fair, just, and reasonable.

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Milwaukee, WI breach of contract attorneyBy Attorney Jaclyn Kallie

While most people who go into business with a partner take care to select ones who have similar goals, inevitably, there will be disagreements from time to time. Often, these issues can be solved through honest, open communication. However, sometimes a dispute can turn severe and ugly very quickly, which is when an experienced commercial litigation attorney can help. How a business is set up can also come into play.

Talking the Issues Out

First and foremost, successful business partnerships are based on the ability to communicate, at no time is this more important then when there is a disagreement between partners. Discussing these issues may demand a certain amount of diplomacy—and perhaps compromise—on both sides, but the outcome of maintaining the partnership and getting the business back on track can be worth it.

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Milwaukee, WI business law attorney for litigation or mediationBy Attorney Jaclyn Kallie

Litigation refers to the activities and procedures of filing and prosecuting a court case. In civil cases, litigation involves a plaintiff seeking redress (compensation) from a defendant. A business can be included in all kinds of commercial litigation, but due to the cost of civil litigation, many businesses instead opt for mediation or arbitration. Business owners are understandably reluctant to engage in costly and possibly brand-damaging legal cases. However, there are instances where civil litigation is unavoidable. The decision to pursue litigation should always be made with the help of a knowledgeable attorney, and a business owner should consider all the relevant factors present in their potential case.

1. Is it Worth The Cost?

Any good business owner spends their money wisely. Litigation can be costly and time-consuming. A plaintiff may spend years in court pursuing a lawsuit, and much of an award resulting from a favorable verdict or settlement may go towards court costs, defeating the purpose of their claim. In other cases, a business that is a defendant might eventually win the case but have their ability to do business harmed due to a loss in reputation. In such circumstances, mediation or negotiation may be preferential.

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Milwaukee commercial litigation lawyerCommercial lease disputes can be costly and complex, due to long lease terms and the large amounts of rent payments involved. Often, once one side believes that there has been a breach of the lease, the most efficient way to resolve the problem is to bring in legal professionals who are experienced in commercial real estate and contract law.

A dispute between a commercial landlord and tenant is typically a contract issue at heart, with the lease being the controlling contract. There are numerous laws and cases that will determine what the various clauses of the lease mean in your case. Here are a few examples of common commercial lease disputes:

Vaguely Drafted Lease

If a lease is not properly drafted, commercial lease disputes are bound to occur. The key to properly drafting a lease is being clear as to what each party’s obligations and rights are. For example, the lease should state the proper person or entity who is leasing the property, what rights the tenant has to common areas, what renewal options are available, and what utilities are included in the lease. 

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commercial litigation, breach of contract, Milwaukee commercial litigation attorneys, breach of contract claim, contract violationWhen a business becomes involved in a legal dispute, it can have a major impact on the company’s bottom line. While the costs of commercial litigation can be significant, successfully defending against a lawsuit can help avoid being required to pay damages. Breach of contract lawsuits are one common type of commercial litigation, and business owners should be sure to understand their options for defending against accusations that they have not fulfilled their contractual responsibilities.

Breach of Contract Defenses

When a business is accused of breaching a contract, either in part or in full, it is important to raise every possible legal defense. A defendant in a breach of contract lawsuit may use “affirmative defenses” which argue that even if a breach occurred, certain circumstances occurred which caused the contractual agreement to be void. Some affirmative defenses include:

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construction defect allegations, commercial litigation, construction defects, Milwaukee commercial litigation attorneys, comparative negligenceContractors and construction companies take a great deal of pride in their work ensuring that the buildings and construction projects they work on meet standards for quality and safety. Unfortunately, situations can occur in which a contractor is accused of performing shoddy or substandard work, and allegations of construction defects may involve damage to a property or bodily injuries. If you are facing these types of allegations, it is important to work with a skilled commercial litigation attorney who can help protect your rights and provide you with a defense against these claims.

How Can a Wisconsin Litigation Attorney Help?

An attorney can provide a wide variety of services in cases involving construction defects, including:

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Milwaukee corporate law attorneys, shareholder agreements, commercial litigation, Wisconsin business owner, shareholder sharesStarting a new business is an exciting time. Business owners put a great deal of thought into their plans for their company, and setting those plans into motion can be immensely satisfying. However, decisions made at the beginning of a business venture can greatly impact a business’s future. Therefore, it is important for business partners to plan for the future and ensure that their rights are protected. One way to do so is through a shareholder agreement. Furthermore, having this type of agreement in place can help safeguard against future commercial litigation if disputes should ever arise between partners.

What Should be Included in a Shareholder Agreement?

A shareholder agreement, also known as an operating agreement, is a contract between the people who have an ownership interest in a company. The agreement outlines the shareholders’ rights and ensures that each person’s interests are protected. Moreover, the agreement may additionally describe how certain types of disputes will be resolved if they should arise in the future.

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