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Recent Blog Posts
Dealing With Your Examination Under Oath
By Attorney Christopher L. Strohbehn
Email: cstrohbehn@mallerysc.com
Phone: 414-727-6291
Introduction
One of the last things you want to deal with when your family home or your business has been damaged is jumping through all the hoops and paperwork that your insurance company requires. One of those hoops that is commonly seen after a sworn proof of loss is filed is an insurance company’s request for an Examination Under Oath (EUO).
Receiving a letter for an Examination Under Oath (EUO) can be a triggering experience, especially when dealing with a property damage claim in Wisconsin. Usually by that time you or your business has paid significant amounts of money for insurance premiums and the response in your time of loss is to put every aspect of the claim under a microscope. Rest assured, when you receive this request for an Examination Under Oath (EUO), the correct move is to be on high alert and contact a lawyer.
What to Do When Your Business Has Been Served With a Lawsuit?
By Christopher L. Strohbehn
Email: cstrohbehn@mallerysc.com
Phone: 414-727-6291
When another party serves your business with a lawsuit, it can be a stressful and overwhelming experience. However, it is essential to remain calm and take immediate action to protect your business’s financial interests. Here are the key steps your business should consider taking if you find yourself in this situation in Wisconsin:
Contact an Experienced Milwaukee Business or Civil Litigation Attorney:
- The first and most crucial step is to consult with an experienced Wisconsin business or civil litigation attorney. Our team at Mallery, sc., is here to provide you with expert guidance throughout the legal process. Not only should you contact an attorney, but you should do so quickly. Depending on the type of summons and complaint your business has received, you may have either 20 days or 45 days to respond in Wisconsin circuit court.
How Do You Respond to a Reservation Of Rights Letter?
By Christopher L. Strohbehn
Email: cstrohbehn@mallerysc.com
Phone: 414-727-6291
Many businesses and individual insurance policyholders are targets of civil claims each year for a variety of reasons. Policyholders are often faced with allegations of negligence or intentional acts, mistakes made by employees, defective work products or other sorts of property damage. In those cases, if that business or individual has insurance coverage, then they can tender that claim to its insurance company to provide a defense and indemnification
However, insurance companies will often agree to defend claims only temporarily pending an investigation. In those cases, the insurance companies will send their insureds letters indicating that while they are providing a defense, they are doing so subject to a "Reservation of Rights.’
What is a Reservation of Rights Letter?
In the event you receive a Reservation of Rights letter, one thing is certain, there is a risk you may not be covered for something that could be significant financially to you or your business. Therefore, you should reach out to a lawyer experienced in insurance coverage disputes to discuss your potential risks and options.
How To Claim Abandoned Real Estate In Milwaukee
We have all heard the stories. A long-lost aunt or uncle dies with no heirs, and their mansion and riches sit abandoned, waiting only for some distant relative to claim them. Unfortunately, fantastical claims like this have little connection to reality.
While the Wisconsin Department of Revenue (DOR) holds over $600 million in unclaimed property, real estate is not among its unclaimed holdings. Claiming abandoned real estate in Milwaukee is much more complicated than finding out about a long-lost relative. Usually, the Wisconsin School Fund gets the property of an intestate estate with no known heirs. Sometimes banks must foreclose upon abandoned properties and sell them at a sheriff’s sale at a depressed value.
There are also ways to claim property that was not previously yours through adverse possession. Adverse possession laws are complicated and have strict guidelines in Wisconsin.
Wisconsin Enacts New Limited Liability Company Laws
Wisconsin recently enacted new laws for LLCs, which will take effect January 1, 2023. The updated laws are intended to modernize Wisconsin’s business entity laws, harmonizing them with each other and making Wisconsin a more attractive place to do business. Businesses and holding companies operating as Wisconsin LLCs should pay very close attention to these changes, a few of which we highlight below.
| Category | Prior Law | New Law |
| Articles of Organization | Must contain a fixed set of information, no more, no less. | Information may contain is broadened. Additional information may be included. Notably, an LLC is no longer required to list its management type (member-managed or manager managed); however, they may still include management if you choose. |
| Operating Agreement | Operating agreements are not required, but if they exist, they must be in writing. | An operating agreement is required but it may be written or oral and express or implied. |
How Do You Prove Breach Of Contract In Wisconsin?
Wisconsin business owners know that honoring contracts is the bedrock of doing business. Whether you need a solid understanding of contract law to help run your business or need to understand how you can prove breach of contract after a deal goes bad, the team at Mallery s.c. can help. In this post, we will explain the basics of Wisconsin contract law and what to do after another party breaches a contract with you.
What Is a Breach of Contract?
In Wisconsin, a breach of contract happens when a party to a contract fails to abide by the contract’s terms. Proving breach of contract in Wisconsin requires more than merely asserting that one party has not fulfilled their end of the bargain. To prove breach of contract, you must show that the other party’s actions materially reduced the value of the contract or that their actions fundamentally altered the outcome of the agreement to the extent that one party would have the right to terminate the contract.
Are Supply Chain Issues Force Majeure?
With the United States and the rest of the globe experiencing economic downturns, many distributors and suppliers are questioning whether they can perform under their existing contracts. Likewise, consumers are wondering if they’ll receive what they purchased online. Supply chain issues are rampant, affecting the availability of infant formula, cat food, and any number of products and services
Force majeure clauses excuse parties from performing under the contract in limited situations. If you’re experiencing supply chain woes, you may wonder, “Are supply chain issues force majeure?” The answer depends on the applicable law and the unique circumstances of your case.
Mallery, s.c. provides sophisticated legal services of a quality you’d expect at a large firm but the personalized attention of a boutique firm. We provide legal counsel to businesses and individuals throughout Wisconsin and take pride in our diligent and compassionate approach
Essential Elements Of A Strong Arbitration Agreement In Wisconsin
Most business enterprises operate on a foundation of contracts. Vendor agreements, employment agreements, stockholder contracts, commercial deals, and more create a complex network of features that comprise and support the business. With each contract, the potential for growth and disputes are ever-present. While business owners can’t eliminate the possibility for conflict to arise, smart entrepreneurs can take steps to limit the likelihood that the argument will end up in court. Litigation can impose a financial and reputational burden on businesses. Arbitration, on the other hand, provides a streamlined and cost-efficient alternative to disputes
In this post, we help you understand what makes a contract legally binding in Wisconsin and explain the purpose and elements of a strong arbitration agreement
Mallery, s.c. provides effective legal services to businesses throughout Wisconsin. When you work with us, you typically work directly with a shareholder-level attorney at our firm. Because of our efficiency and extensive knowledge, we provide high-value legal services, often at a much lower cost than clients may expect.
Do All Partners Have To Agree To Dissolve A Partnership?
Partners can create a partnership easily—often with nothing more than a handshake or a plan written down on the back of a napkin. However, the trade-off for that ease is that partnerships can often be more difficult to end, especially when only one partner wants out. In many cases, when the economy or business circumstances change, entrepreneurs find themselves asking, Can one partner dissolve a partnership?
There are many reasons partners may want to end a business partnership. One partner may want to retire, and the other may want to keep the business going. Or the partnership may have been created to accomplish a specific goal, and once the goal was met, one person may want to wind up the business, and the other may not. So, do all partners have to agree to dissolve a partnership? It depends. At Mallery s.c., our team helps Wisconsin entrepreneurs understand how partnerships work and how they can be dissolved so that they can make the best decisions for their business
What Makes A Contract Legally Binding In Wisconsin?
As your business relationships become more complex, it becomes increasingly important to understand what makes a contract legally binding in Wisconsin. This will help you better assess risk, manage your liabilities, and understand your rights and obligations.
Contracts are legally enforceable promises. Laws concerning contract formation in Wisconsin are meant to facilitate commercial transactions and prevent underhanded dealing. Generally, when a contract is in place, that contract’s terms govern the relationship between the parties as it pertains to the agreement’s subject matter. What makes a contract binding comes down to whether the contract has all the necessary elements to make it enforceable.
What Does a Contract Need to Have to Be Legally Enforceable?
There must be certain elements in place for a contract to be legally enforceable. What makes a contract binding is the presence of four elements: an offer, acceptance, consideration, and a lack of defenses that would prevent the formation of a contract. For certain types of transactions, the agreement must also be in writing
Blog
FinCEN Removes BOI Reporting Requirements for U.S. Companies under the Corporate Transparency Act
Posted Mar 24, 2025
FinCEN Removes BOI Reporting Requirements for U.S. Companies under the Corporate Transparency Act On March 21, 2025, FinCEN issued an interim final rule to remove the Beneficial Ownership Information ("BOI") reporting......Read More
Update on Corporate Transparency Act and FinCEN’s Pause on Enforcement Actions
Posted Mar 03, 2025
The Corporate Transparency Act ("CTA") and its Beneficial Ownership Information ("BOI") reporting deadlines are back in effect after months of judicial whiplash. As detailed in our prior blogs, the enforceability......Read More
Fifth Circuit Reverses Course on Reinstating the Corporate Transparency Act Reporting Deadlines
Posted Dec 27, 2024
The uncertainties surrounding the Corporate Transparency Act ("CTA") continue with the most recent decision from the Fifth Circuit just days after it granted the Government’s emergency request to lift the......Read More
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