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A NEW BOOST FOR THE RIGHTS OF CREDITORS: COURT RULES THIRD PARTY LITIGATION EXPENSES MAY BE RECOVERED AS CONTRACT DAMAGES

April 3, 2018 | Categories: Firm News, Publications | Topics:

A NEW BOOST FOR THE RIGHTS OF CREDITORS: COURT RULES THIRD PARTY LITIGATION EXPENSES MAY BE RECOVERED AS CONTRACT DAMAGES   Unless a statute or contract provides otherwise, a party to a lawsuit is responsible for its own litigation expenses, including attorneys’ fees. This is known as the “American rule.” It contrasts with the “English […]

SAD CASE FOR RECLAMATION CLAIMS IN BANKRUPTCY SCENARIO: NOT DEAD BUT BARELY BREATHING

April 3, 2018 | Categories: Firm News, Publications | Topics:

In 2006, after passage of the 2005 Bankruptcy Abuse and Consumer Protection Act of 2005 (BAPCPA), KMK questioned whether reclamation claims in bankruptcy had become obsolete even though BAPCPA had doubled the period that a reclamation claim could cover in bankruptcy, from 20 to 45 days. Despite the expansion of the reclamation time period, BAPCPA […]

Millions of dollars now being paid from partial settlements in actions brought by Kohner, Mann & Kailas, S.C. over alleged natural gas price fixing

January 8, 2018 | Categories: Firm News, Success Stories | Topics:

Distribution impacts qualifying industrial and commercial users of natural gas in Wisconsin following a case that went before the U.S. Supreme Court Milwaukee, Wis. –  A significant payout is underway in Wisconsin from partial settlements that were reached with four defendant groups in class action lawsuits against natural gas companies that allegedly conspired to manipulate […]

RECENT AMENDMENTS TO WISCONSIN’S FORECLOSURE STATUTES MAY DELAY THE RECORDING OF DEEDS AFTER SHERIFF’S SALE

January 8, 2018 | Categories: Publications | Topics:

Recent amendments to Wisconsin’s foreclosure statutes went into effect on December 1, 2017. The amendments significantly changed the process of recording deeds after confirmation of sheriff’s sales throughout Wisconsin.   The amendments repealed Wis. Stats. §§ 846.167 and 846.17.  These statutes were colloquially known as the “Milwaukee County Rule”, because Wis. Stat. § 846.167 only […]

Avoid Getting Caught In The Middle Of Disadvantaged Business Enterprise Fraud

December 15, 2017 | Categories: Firm News | Topics:

Construction contractors and material suppliers who sell services or materials to disadvantaged business enterprises for federal or state construction projects need to pay close attention to ensure they do not get caught in the middle of a fraud case.   The federal government and many state and local governments have developed programs to provide opportunities […]

IMPORTANT BANKRUPTCY RULE AMENDMENTS WENT INTO EFFECT ON DECEMBER 1, 2017

December 7, 2017 | Categories: Publications | Topics:

The Amendments Will Have a Significant Impact on Creditors, including Secured Creditors   Overview   In this bulletin, we provide a brief summary of the many amendments to the Federal Rules of Bankruptcy Procedure (“FRBP”) that took effect on December 1, 2017.  These amended rules will have a significant impact on the rights of creditors […]

Recent publications by KMK attorneys

November 5, 2017 | Categories: Firm News, Publications | Topics:

KMK is again providing judges and lawyers important scholarship to guide pretrial litigation discovery, though the State Bar of Wisconsin. Continuing their decades of work, Robert Gegios and Melinda Bialzik are authoring another edition of “Chapter 2 – Scope of Discovery” in Pinnacle Books’ Wisconsin Discovery Law and Practice. Robert and Melinda also authored, earlier […]

Good News: New Federal Law Allows Businesses to use Federal Courts to Redress Theft of Trade Secrets

October 19, 2017 | Categories: Firm News | Topics:

The Defend Trade Secrets Act of 2016 (DTSA) allows parties to file suit in federal court even if the requirements of federal diversity jurisdiction are not met. As a result, most claims of misappropriation of trade secrets can now be filed in federal court (not the case previously). The federal court system has different procedures, […]

Dot Your I’s and Don’t Forget the T’s: Lender Loses its Secured Status for Missing ‘t’ in Borrower’s Middle Name

October 6, 2017 | Categories: Publications | Topics:

By Matthew P. Gerdisch and Devon Daughety A recent bankruptcy case dramatically illustrates how critical it is for a lender to strictly comply with the requirements for creating a legally effective UCC financing statement, and the hard lessons that follow if a lender fails to do so.   In Mainsource Bank v. LEAF Capital Funding, […]

KMKSC Successfully Defends Corporate Client’s Constitutional Rights in Wisconsin Supreme Court

April 6, 2017 | Categories: Firm News, Success Stories | Topics:

KMKSC is pleased to announce its success in an important constitutional case before the Wisconsin Supreme Court.   The case involves a trial court’s delegation of broad authority to a “referee,” a private individual who was appointed by the court to act as a surrogate judge. The trial court empowered the referee to rule on […]



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