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Business Law Blog

Posts by Attorney David J. Espin

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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