Posted on June 13, 2022

With the sharp rise in remote work, commercial tenants may have a growing interest in abandoning the traditional office. But what happens if you walk away from a commercial lease depends on the circumstances

Chapter 704 of Wisconsin’s statutes governs commercial landlord and tenant matters. Tenants who walk away from a commercial lease may have to pay some or all the remaining rent due. Moreover, tenants may have to pay the landlord for advertising costs to re-list the property. If the landlord secures another tenant, the old tenant may be responsible for covering the difference

What Are the Consequences of Walking Away from a Commercial Lease?

Commercial leases, like residential, are binding contracts. Walking away from a commercial lease before the contract expires may come with consequences.  We’ll explore some of those consequences here. Next, we’ll talk about situations where a tenant might walk away from a commercial lease.

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 Posted on June 13, 2022 in Uncategorized

You may have grounds to dispute a business lease, depending on the situation. Grounds for disputing a business lease include:

• Inadequate notice to voting members;
• Lack of authority to sign the business lease; and
• Unfavorable lease terms.

A business dispute may also arise if those entitled to vote on the lease did not receive a fair opportunity to do so. If the parties cannot resolve the business lease dispute outside of court, they can bring a lawsuit.

Those disputing a business lease should contact an experienced business attorney who can help you understand your legal rights.

Inadequate Notice to Voting Members

Ultimately, the business’s bylaws or operating agreement dictate the amount and type of notice that the voting members receive. If the voting members didn’t have critical information for an informed vote on the transaction, this could form the basis for a dispute.

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 Posted on April 25, 2022 in Uncategorized

Starting or joining a business venture is an exciting endeavor. With the hustle and bustle of starting a business, owners may not put together a formal operating agreement. It may not seem necessary at the time, or it may seem too time-consuming or costly

But if a conflict arises, how is the business dispute handled if there is no operating agreement? Broadly speaking, the default terms of Wisconsin’s limited liability company act (LLC Act) governs anything not covered in an operating agreement. Below, we’ll talk about common business disputes, the default rules, and the purpose of an operating agreement.  

If you’re involved in a business dispute with no operating agreement in place, reach out to one of our experienced business litigation attorneys to understand your options and rights

What Are the Most Common Business Disputes for an LLC?

The beauty of a Wisconsin LLC is the flexibility it provides. More or less, an operating agreement allows owners to tailor an operating structure that works best for their business needs. Unfortunately, that flexibility can be a benefit and a burden. And even with an agreement in place, disputes might still arise.

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 Posted on April 25, 2022

The average settlement amount for a business dispute varies depending on the type of dispute and the amount of work you put into reaching a fair settlement. At Mallery s.c., our experienced lawyers regularly guide clients to resolve disputes through business litigation, mediation, and arbitration.

It’s no secret that litigation is expensive, even in Wisconsin. One study presented to the Judicial Conference of the United States found that Fortune 200 corporations spent an average of $140 million on outside litigation in 2008. Additionally, businesses reported litigation costs ranging from $3,000 to $150,000 to the Small Business Administration in 2003. The financial costs threaten to put many business owners out of business. You may wonder if offering a settlement “just to get it over with” is the right thing to do.

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