Publications

March 15, 2023

How To Enforce Guaranty Obligations After the Guarantor’s Bankruptcy

Eric R. von Helmsevonhelms@kmksc.com(414) 962-5110 Two years ago, this Newsletter discussed how the personal bankruptcy of a guarantor would affect the enforceability of that guaranty for […]
March 15, 2023

Employers Beware! New FTC Regulations May Render Certain Restrictive Covenants Illegal

Ryan M. Billingsrbillings@kmksc.com(414) 962-5110 A new proposed rule announced by the Federal Trade Commission, if it becomes final, will make employee non-compete agreements unenforceable and illegal, […]
January 17, 2023

Venue Clauses — A Critical Component To Help Manage Receivables and Collect Debt

David J. Genglerdgengler@kmksc.com(414) 962-5110 When filing a lawsuit, one of the key factors to consider is where the action can be filed. As a general rule, […]
January 17, 2023

Change Is Here: Wisconsin’s New LLC Law

Samuel C. Wisotzkeyswisotzkey@kmksc.com(414) 962-5110 Note: This Article provides further thoughts and updates on a KMK Newsletter Article from October 2022 on this topic. Does your company […]
September 15, 2022

No Contract Does Not Always Mean No Recovery: How To Enforce Unwritten Agreements

Zach S. Whitneyzwhitney@kmksc.com(414) 962-5110 Imagine that a company has furnished goods or services to a customer who refuses to pay. Ideally, that company would have a […]
September 15, 2022

Wisconsin Supreme Court Resolves Lengthy Feud Sparked by Handwritten Lien Waiver

Lance E. Duronilduroni@kmksc.com(414) 962-5110 Business in the construction industry is not always conducted as attorneys would recommend. Oral agreements or hastily revised documents are sometimes resorted […]
June 15, 2022

New Amendments to U.S. Bankruptcy Code: Modifications to Previous Dollar Amount Thresholds

Eric R. Von Helmsevonhelms@kmksc.com(414) 962-5110 Section 104(a) of the Federal Bankruptcy Code provides for automatic adjustments to certain dollar amounts in the Code every three years. […]
June 15, 2022

Recent Court of Appeals Case Confirms The Need For Careful Analysis Of Jurisdiction When Litigating In Federal Court

Ryan M. Billingsrbillings@kmksc.com(414) 962-5110 While state courts generally can hear almost any legal matter, federal courts are courts of limited jurisdiction. Litigating civil cases in federal […]
June 3, 2022

The C.A.R.E.S. Act: Trillions in Stimulus Payments, But also Business Bankruptcy Law Changes Creditors Need to Know

[Originally Published 4/6/20; Updated 6/3/22] The Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”) passed by Congress and signed into law by the President […]