How to Dissolve Your Unneeded Wisconsin Corporation Sometimes keeping a corporation going serves no useful purpose. If you have such a corporation, here are some useful steps to consider. Typical corporate terminations involve both a “liquidation,” the act of converting all corporate assets to cash, paying all outstanding bills, and distributing the remaining cash to the shareholders in exchange for their stock, and a “dissolution,” the legal steps necessary to end the corporation’s existence. View Full Post
Will This Term of Wisconsin’s Supreme Court Be the Last for Agency Deference in Wisconsin? Justice Neil Gorsuch’s confirmation process earlier this year brought attention to the issue of agency deference, given a concurring opinion that he had written in Gutierrez-Brizuela v. Lynch, 834 F.3d 1142, 1149 (10th Cir. 2016). That was an immigration appeal where he argued that Chevron ought to be revisited because it “permit[s] executive bureaucracies to swallow huge amounts of core judicial and legislative power and concentrate federal power in a way that seems more than a little difficult to square with the Constitution of the framers’ design.” Those who regularly watch the Supreme Court’s docket are waiting with bated breath to see if Justice Gorsuch can convince his colleagues that the issue merits the Court’s review. View Full Post
Wisconsin Court of Appeals Affirms Primacy of At-Will Employment Rule The traditional description of at-will employment allows employers to discharge employees for “good reason, bad reason, or no reason at all.” While that’s never been entirely true (as an obvious example, you can’t fire someone because of their race), it is true that the at-will rule makes it harder for employees to assert legal claims against their employers for terminating them. View Full Post
Midland Funding Highlights Peculiar Feature of Wisconsin's Statute-of-Limitations Law The U.S. Supreme Court’s decision today in Midland Funding, LLC v. Johnson, 581 U.S. ___, No. 16-348, draws attention in passing to a peculiar feature of Wisconsin law on the effect of statutes of limitations. The 5-3 decision, in an opinion by Justice Stephen Breyer, holds that a debt collector that files a proof of claim in bankruptcy when collection is barred by a statute of limitations does not thereby violate the Fair Debt Collection Practices Act’s prohibitions on asserting any “false, deceptive, or misleading representation,” or using any “unfair or unconscionable means” to collect a debt. View Full Post
Buyer Beware:  Wisconsin’s Supreme Court Reaffirms the Doctrine of Caveat Emptor in Commercial Real Estate Transactions Lawyers who practice in Wisconsin might be forgiven for wondering what limits to liability remain for torts under Wisconsin law. Some decisions of Wisconsin’s Supreme Court, such as Behrendt v. Gulf Underwriters Ins., 2009 WI 71, which held that “everyone owes to the world at large the duty of refraining from those acts that may unreasonably threaten the safety of others,” ¶ 17, have expanded the universe of potential defendants. View Full Post