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Posts by Attorney David J. Espin

Additional Resources on the CARES Act Small Business Loan Program

Posted by Attorney David J. Espin in COVID-19 / Comments

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was officially passed into law.  Private lenders across the county are working with the SBA to interpret the Act’s provisions and set up online portals for borrowers to apply for CARES Act Paycheck Protection Program loans.  Below are some additional resources to help your business better understand the Paycheck Protection Loan Program, and to compile the information ...

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Summary of the CARES Act Small Business Loan Program

Posted by Attorney David J. Espin in COVID-19 / Comments

On March 25, 2020, the Senate unanimously passed the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act.  It is expected to be approved and signed into law in short order. The CARES Act is intended to provide $349 billion of stimulus and financial relief to small businesses that have been impacted by the COVID-19 outbreak. Below is a summary of the small business loan program created by the CARES Act. What ...

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Contract Breaches Caused by COVID-19 in Wisconsin

Posted by Attorney David J. Espin in COVID-19 / Comments

Many businesses across Wisconsin are grappling with the uncertainties caused by the recent COVID-19 outbreak.  Among these concerns is what effect the outbreak and the ensuing fallout will have on the various agreements these businesses have with their customers, vendors, and creditors.  The answer will generally depend on whether a contract contains a “force majeure” provision, and if it does not, whether the outbreak and associated government orders would frustrate ...

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Protecting Your Company’s Trademarks

Posted by Attorney David J. Espin in Business Management / Comments

Your company’s name, logo, and, more broadly, its “brand,” often comprise some of its most important and valuable assets.  Strong brand recognition often takes years to build, and helps to engender customer loyalty and distinguish your business from its competitors.  Thus, it’s important for business owners to understand what types of names and symbols can be trademarked, and how to effectively protect your trademark once it’s established.  Below is an ...

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A Brief Overview of Wisconsin Options to Purchase

Posted by Attorney David J. Espin in Investing In Rental Property / Comments

Many landlords in Wisconsin are looking for ways to persuade their tenants to put some “skin in the game," and eventually to purchase the property they are renting. Tenants with a financial stake in the property will often take better care of the premises, and are less likely to walk away from their lease obligations. In order to accomplish this, landlords often turn to land contracts so that tenants will ...

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Wisconsin's Construction Lien Procedures

Posted by Attorney David J. Espin / Comments

As the real estate market continues its recovery from the Great Recession, a by-product has been increased real estate construction. While this is certainly a positive trend for Wisconsin's contractors, they should have an understanding of the state's construction lien procedures in order to protect their rights if they are not paid for their work.In Wisconsin, contractors that provide labor or materials for real estate improvements generally have lien rights ...

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Wisconsin’s Land Contract Default Remedies

Posted by Attorney David J. Espin / Comments

As bank's lending standards have tightened in recent years, financing for real estate sales has become more difficult to obtain. More buyers and sellers are considering alternative financing options, such as land contracts. If the buyer, otherwise known as the vendee, makes all payments on time and pays off the land contract when due, then all parties seemingly walk away from the transaction happy. However, in the event the buyer ...

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Is Your Leasehold Interest in Danger if Your Landlord Files Bankruptcy and Sells the Property?

Posted by Attorney David J. Espin in Bankruptcy / Comments

As the ubiquitous maxim goes, “hard cases make bad law." Although this is oftentimes accurate, in some instances hard cases prompt courts to undertake a detailed and thorough analysis of the law which can lead to well-reasoned decisions that create thoughtful and practically useful precedent. Such is the case in a pair of court of appeals opinions regarding the interplay between two important bankruptcy code provisions that appear to be ...

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Gift Card Regulations: What Your Business Needs to Know

Posted by Attorney David J. Espin in Gift Cards / Comments

Gift cards are a recent trend many businesses are turning to in order to increase lagging sales, especially around the holidays when shoppers are looking for gifts that are versatile enough for those hard-to-please recipients. However, before you decide to use gift cards to give your company's sales a boost, you should familiarize yourself with the rules and regulations surrounding their sale in order to avoid litigation or a costly ...

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When Your Brick-and-Mortar Customer Files Bankruptcy: A Brief Analysis of Preference Actions and Common Defenses

Posted by Attorney David J. Espin in Bankruptcy / Comments

The proliferation of online retailers like Amazon has come at the expense of many traditional brick-and-mortar stores. As a result, many are turning to chapter 11 reorganizations in an effort to prolong the inevitable slide towards shutting their doors for good. This poses unique challenges for many of these stores' suppliers, especially when it comes to the complicated issues surrounding preference actions.For anyone that has been on the receiving end ...

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