414-271-2424
Recent Blog Posts
Shareholder Disputes in Wisconsin: What You Need to Know Before Things Get Ugly
If you are a shareholder in a Wisconsin closely held business, chances are you have either dealt with, or know someone who has dealt with, a shareholder dispute. These situations can escalate quickly, and the legal landscape in Wisconsin governing how they get resolved comes with its own set of procedural requirements, strategic considerations, and potential pitfalls.
Understanding your rights before things spiral out of control can make a significant difference in how your situation resolves. This article breaks down the basics of shareholder disputes under Wisconsin law and what you should be thinking about if you find yourself in one.
Start With the Governing Documents
Before anything else, you need to pull out your shareholder agreement, buy-sell agreement, articles of incorporation, and bylaws to review. In Wisconsin, the Wisconsin Business Corporation Law under Chapter 180 of the Wisconsin Statutes, and the Uniform LLC Law under Chapter 183 for limited liability companies control the baseline rules. However, at times there are private agreements between the shareholders often modify those defaults in important ways.
Is Your Commercial Property Over-Assessed?
What Milwaukee Commercial Property Owners Must Know About the 2026 Assessment Cycle and Board of Review Appeal Deadline
Milwaukee Property Tax Litigation | February 2026
For owners of commercial, industrial, and multi-family investment property in Wisconsin, the 2026 assessment cycle is already in motion. With assessment notices arriving this spring, the window to challenge an over-assessment is narrow — and missing it can mean years of inflated tax liability with no recourse.
Every percentage point of over-assessment on a commercial property represents real dollars — often tens of thousands annually on a single asset. Unlike residential homeowners, commercial property owners frequently hold properties where even a modest reduction in assessed value generates substantial, recurring tax savings. And yet, most over-assessments go unchallenged simply because owners are unaware of the process or miss the deadlines.
Milwaukee Commercial Property Owners: How to File an Excessive Tax Assessment Appeal
By Christopher L. StrohbehnIf you own commercial real estate in Milwaukee or elsewhere in Wisconsin and believe your property tax assessment overshoots market value, Wisconsin law gives you a remedy to recover the excess tax you paid. Wisconsin allows a property owner to file an "excessive assessment" claim under Wis. Stat. § 74.37. The process is strict, the deadlines are sometimes unforgiving, and one missed step can end your claim before it starts. This guide outlines how to preserve your rights, avoid common mistakes, and meet key dates.
What Is an "Excessive Assessment" Claim?
An excessive assessment claim is a formal, written demand for a refund of the portion of your property tax that resulted from an assessment that exceeded the property’s lawful value. It is filed and served on your taxation district (for City of Milwaukee properties, typically the City Clerk). If that claim is disallowed, which most are, it can be further pursued in Milwaukee County Circuit Court. In circuit court, there would be a de novo determination of value under Wis. Stat. § 74.37.
Navigating Milwaukee’s 2025 Property Assessment Process: What Commercial Property Owners Need to Know
By Once again, in 2025, the commercial property owners in the City of Milwaukee are opening up their mail to find significant changes in their property assessments. According to the Milwaukee Business Journal, the City of Milwaukee has reported a 17% increase in assessed property values compared to 2024. If you are a commercial property owner who has taken a hit based on this increase, there are remedies.
City of Milwaukee Open Book Period
If a commercial property taxpayer is unhappy with its assessment, it has an opportunity to communicate with the Assessor’s Office in the City of Milwaukee during the Open Book period from April 21-May 19, 2025. During the "Open Book," property owners can review their assessments and discuss a modification with the assessor in an informal manner. Many times, this informal process can allow for quicker resolutions without the need for a formal appeal. If there is some sort of error or misunderstanding as it relates to the assessment, the Open Book is a good time to try to sort it out with the assessor.
FinCEN Removes BOI Reporting Requirements for U.S. Companies under the Corporate Transparency Act
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 requirements for U.S. companies and U.S. persons under the Corporate Transparency Act ("CTA"). As detailed in our prior blogs, the enforceability of the CTA has been in question for months and challenged in multiple courts throughout the country.
FinCEN’s interim final rule narrows the BOI reporting requirements to foreign reporting companies. Notably, the new rule exempts foreign reporting companies from reporting the BOI of any U.S. individuals who are beneficial owners of the foreign company. These changes are consistent with the U.S. Department of Treasury’s March 2nd announcement to suspend enforcement of the CTA against U.S. Citizens and domestic reporting companies. FinCEN intends to issue a final rule this year.
Update on Corporate Transparency Act and FinCEN’s Pause on Enforcement Actions
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 of the CTA has recently been challenged in multiple forums and lawsuits. Ultimately, the Government has prevailed (for now) and the BOI reporting deadlines have been reinstated with many companies facing a March 21, 2025, deadline.
On February 27, 2025, the Financial Crimes Enforcement Network (FinCEN) issued a stunning release that it will not impose any fines or penalties against companies for failure to file or update their BOI reports by the March 21st deadline. FinCEN will not take any enforcement actions until it establishes a new reporting deadline. FinCEN intends to issue this new deadline no later than March 21, 2025.
FinCEN appears to acknowledge the recent confusion and frustrations surrounding the CTA’s status as it claims to recognize "the need to provide new guidance and clarity as quickly as possible, while ensuring that BOI that is highly useful to important national security, intelligence, and law enforcement activities is reported."
Fifth Circuit Reverses Course on Reinstating the Corporate Transparency Act Reporting Deadlines
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 nationwide injunction against the enforcement of the CTA.
As detailed in our prior blogs, the Government appealed the U.S. District Court’s injunction in early December, and the motions-panel of the Fifth Circuit Court of Appeals reinstated the CTA’s reporting deadlines on December 23, 2024.
On December 26, 2024, the merits-panel, who is tasked with ruling on the government’s appeal of the nationwide injunction, vacated the motions-panel’s order to reinstate the reporting deadlines "in order to preserve the constitutional status quo while the merits panel considers the parties’ weighty substantive arguments . . ."
Court of Appeals Reinstates Corporate Transparency Act Reporting Deadlines
The 5th Circuit Court of Appeals has lifted the nationwide injunction issued by the U.S. District Court for the Eastern District of Texas in early December that blocked the enforcement of the Corporate Transparency Act ("CTA") and its January 1, 2025, Beneficial Ownership Information ("BOI") reporting deadline.
On December 23, 2024, the appeals court determined that the government made a strong showing on its likelihood of success on the merits of defending the CTA’s constitutionality and stayed the lower court’s injunction. The three-judge panel disagreed with the lower court’s assessment that enforcement of the CTA exceeds Congress’s powers and stated that the CTA’s reporting requirements are well within Congress’s broad authorities to regulate economic activity under the Constitution’s Commerce Clause.
In response to the 5th Circuit’s ruling, FinCEN announced new reporting deadlines to alleviate pressure on reporting entities that may not be prepared to meet the original January 1st deadline:
Government Appeals the Nationwide Injunction Against Enforcement of the Corporate Transparency Act
On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction against enforcement of the Corporate Transparency Act ("CTA") and its January 1, 2025, Beneficial Ownership Information ("BOI") reporting deadline.
As detailed in our prior Blog, the CTA requires most entities formed or registered to do business in the United States to file information about the entity and the individuals who own or control the entity with the Financial Crimes Enforcement Network (FinCEN).
In Texas Top Cop Shop, Inc., v. Garland, (E.D. Tex., No. 4:24-cv-478), Federal Judge Amos Mazzant granted the plaintiffs’ motion for a preliminary injunction and ruled against the enforcement of the act until further determinations are made regarding the constitutionality of the CTA. The Court reasoned that the implementation of the CTA likely exceeds Congress’s powers, and that enforcement of a potentially unconstitutional law is against public interest. Preliminary injunctions are temporary measures, and the Texas District Court’s ruling is not a final determination of the CTA’s constitutionality. Notably, Judge Mazzant’s decision is in direct conflict with other federal district court rulings that denied plaintiffs’ motions for preliminary injunctions in their challenges to the constitutionality of the CTA.
What Happens If There Is No Partnership Agreement?
They say that teamwork makes the dream work. In fact, many of America’s most successful small businesses were founded by teams of two, many with no partnership agreement in place when they were first formed. Some of these dynamic duos went on to lead the world’s most lucrative companies
However, not every casual business partnership will end with its members becoming billionaires. That’s why it does not make sense for most businesses to start with no business partnership agreement ironed out
A partnership agreement lays out the responsibilities of each partner in the business. It will also detail how much of the business each partner owns and how much profit and loss each partner is responsible for. A well-crafted partnership agreement also includes rules about how you will manage the business and addresses succession planning issues, such as the death or departure of a partner.
An experienced Milwaukee business lawyer can help you work out the details of your Wisconsin partnership agreement. The Mallery s.c. team handles all manner of partnership formation and helps partners put partnership agreements in place.
Blog
Shareholder Disputes in Wisconsin: What You Need to Know Before Things Get Ugly
Posted Apr 17, 2026
If you are a shareholder in a Wisconsin closely held business, chances are you have either dealt with, or know someone who has dealt with, a shareholder dispute. These situations......Read More
Is Your Commercial Property Over-Assessed?
Posted Mar 03, 2026
What Milwaukee Commercial Property Owners Must Know About the 2026 Assessment Cycle and Board of Review Appeal Deadline Milwaukee Property Tax Litigation | February 2026 For owners of commercial, industrial, and multi-family......Read More
Milwaukee Commercial Property Owners: How to File an Excessive Tax Assessment Appeal
Posted Jan 26, 2026
By Christopher L. Strohbehn If you own commercial real estate in Milwaukee or elsewhere in Wisconsin and believe your property tax assessment overshoots market value, Wisconsin law gives you a remedy......Read More
Work with a Team
Invested in Your Success
Milwaukee Office
731 North Jackson Street, Suite 900
Milwaukee, Wisconsin 53202
P414-271-2424
F414-271-8678
Results listed are not a guarantee or indication of future case results.
