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Clients Beware! The Federal Reserve Is Warning of High-Debt Risk Making Now the Time to Gear Up and Protect Your Receivables

December 14, 2018 | Categories: Firm News, Publications | Topics:Tags: , ,

There are growing signs of financial instability in the U.S. economy, including high debt levels, and our clients should be mindful of the risks and work with competent counsel to prepare for the potential downturn in the economy and increased levels of bad debt.   In its recent report on financial stability, the Federal Reserve […]

Wisconsin’s Highest Court Holds that Attorneys’ Fees Are Recoverable in “Exceptional Cases”

December 11, 2018 | Categories: Firm News, Publications | Topics:Tags: , , ,

As has been previously discussed, the “American rule” governs litigation expenses in the courts of Wisconsin. In contrast with the “English rule” wherein the losing party pays the prevailing party’s costs and fees, under the American rule each party to a lawsuit bears its own attorneys’ fees unless a statute or contract provides otherwise.   […]

U.S. Supreme Court Rules That Arbitration Agreements Can Block Employee Class Action Suits if Their Employment Contracts Provide for Same

September 24, 2018 | Categories: Firm News, Publications | Topics:Tags: , ,

Class actions can be a powerful tool to vindicate the rights of a group of plaintiffs, especially in cases where legal costs would deter any individual member of the group from bringing suit (see our companion article discussing KMK’s class action litigation against natural gas defendants). On the other hand, the collective threat of liability […]

Wisconsin Supreme Court Affirms Need for Carefully Drafted Non-Compete Agreements

June 28, 2018 | Categories: Firm News, Publications | Topics:Tags: , ,

Under Wisconsin law, non-compete, non-disclosure and non-solicitation agreements between employers and employees are enforceable, but only if the agreements are narrowly tailored to protect the employer from unfair competition. A recent decision by the Wisconsin Supreme Court reiterates how important it is to make sure such agreements are meticulously drafted.   In Manitowoc Co., Inc. […]

Get Smart. A State-of-the-Art Credit Application Will Reduce Debt Liquidation Losses

June 28, 2018 | Categories: Firm News, Publications | Topics:Tags: , ,

Kohner, Mann & Kailas, S.C. (KMK) regularly sets forth in its printed materials to its clients the advisability and value of any credit provider ensuring that it utilizes a state-of-the-art credit application or credit contract executed by the credit customer prior to granting open-account credit.   Do not think for a moment that type of […]

KMK Article on New Civil Procedure Rules is Featured on Cover of Wisconsin Lawyer Magazine

June 28, 2018 | Categories: Firm News, Publications | Topics:Tags: , , , ,

Kohner, Mann & Kailas, S.C. litigation attorneys Robert L. Gegios, Ryan M. Billings, and Melinda A. Bialzik wrote the cover story for the June 2018 issue of Wisconsin Lawyer, published by the Wisconsin State Bar Association. The article, entitled “Sweeping Changes to Rules of Civil Procedure,” details the dramatic impact the revisions to the procedural […]

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:Tags: , , ,

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 rule,” under which the losing party pays the prevailing party’s costs and attorneys’ fees. As its name suggests, the American rule […]

Sad Case for Reclamation Claims in Bankruptcy Scenario: Not Dead but Barely Breathing

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

In 2006, after passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), Kohner, Mann & Kailas, S.C. (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 […]

Distribution Impacts Qualifying Industrial and Commercial Users of Natural Gas in Wisconsin Following a Case that Went Before the U.S. Supreme Court

January 8, 2018 | Categories: Firm News, Publications | Topics:Tags: ,

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 natural gas prices.   More than $12 million is being distributed to Wisconsin companies, as well as government and public entities, that […]

Recent Amendments to Wisconsin’s Foreclosure Statutes May Delay the Recording of Deeds After Sheriff’s Sale

January 8, 2018 | Categories: Firm News, Publications | Topics:Tags: , ,

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 […]



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