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Firm News

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

June 28, 2018 | Categories: Firm News | 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 | 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 | 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 | 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 | 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 […]

Avoid Getting Caught in the Middle of Disadvantaged Business Enterprise Fraud

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

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: Firm News | Topics:Tags: , ,

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:Tags: , ,

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:Tags: , ,

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, […]



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