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Business Law Blog

Posts by Attorney David J. Espin

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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Receivership or Chapter 11: Which One is Right for Your Company?

Posted by Attorney David J. Espin in Bankruptcy / Comments

If your business has hit a rough patch, it's facing a big judgment, or if the bank is calling its loan due, you may be wondering what options are available for your company. Assuming you don't want to hand the keys to the bank and move on to a new venture, two options exist for Wisconsin business owners: (1) a receivership under chapter 128 of the Wisconsin statutes, or (2) ...

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The Winding Road of Wisconsin Non-Compete Law

Posted by Attorney David J. Espin in Non-Competes / Comments

If you're a Wisconsin business owner looking to protect your company's confidential information, customers, or personnel with a non-compete agreement, it can sometimes feel like the legal ground is constantly shifting beneath your feet. In a sense, it is. There may be no other area of law in which the guidelines on what is and is not permissible changes so often. A short review of recent Wisconsin court decisions demonstrates ...

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Theft by Contractor Claims and Dischargeability

Posted by Attorney David J. Espin in Theft by Contactor / Comments

One of the industries hit hardest by the financial crisis was the construction industry, which includes many prime contractors and subcontractors. In addition to the effects of the slowdown in housing construction, contractors are particularly vulnerable to recessions due to their reliance on payments from other contractors up and down the construction chain. When one contractor goes under, they will often drag others down with them. This leads to contractors ...

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