Business Law

Business law is the law that serves to build, conserve and protect your business, and you — the for-profit business owner. It is also the law that serves to build, conserve and protect non-profit businesses.

The legacy of your for-profit or non-profit business will be built on how carefully you plan for your future. This includes proper incorporation of your business entity, consideration of the proper business entity — whether an S corporation, C Corporation, general partnership, limited liability partnership (“LLP”), non-stock corporation or limited liability company (“LLC”). It also includes drafting proper agreements between your shareholders, members, or partners, such as operating agreements, shareholder agreements, and partnership agreements. And, it includes drafting proper business documents that govern the business such as bylaws, meeting minutes for use at meetings, share-documents with legend included, employee handbooks, confidentiality agreements, non-compete agreements, non-solicitation agreements, dispute resolution agreements, conflict of interest policies, and nondisclosure agreements (“NDA”). Or, drafting of a proper paper filing of a 1023 application with attachments, such as narrative description, so that a non-profit can pay its officers post-acceptance of federal nonprofit status — to provide for sustained focus on, and therefore success of, nonprofits.

The legacy of your for-profit business will also be built on how carefully you address the legal liability of your business. This includes proper investigation of liability of your shareholders, members, or partners to a dispute. It also includes investigation of your business’ liability to a dispute. Moreover, it includes proposing and providing for alternative dispute resolution to arbitrating, mediating, or privately negotiating before exposing a business to the courtroom. If you find yourself in the courtroom, it means making wise decisions that insulate you and your business from more civil liability or financial loss than you can afford.

BUILDING YOUR FOR-PROFIT BUSINESS

The first step is to incorporate your business. The next step is to draft on and engage your members about shareholders, partners, or members to sign the agreement(s) between your shareholders, partners or members. After meeting and ratifying the signed documents, business owners must consider proper business planning. This includes what documents would be necessary, whether bylaws, meeting minutes for use at meetings, share-documents with legend included, employee handbooks, website terms of use, confidentiality agreements, non-compete agreements, non-solicitation agreements, dispute resolution agreements, conflict of interest policies, and nondisclosure agreements (“NDA”).

It also includes planning relative to reducing corporate liabilities concerning, for example, drafting of employee handbooks, reviewing and advising wage policies, immigration employee wage policies, independent contractor agreements, independent contractor classifications, whistleblower policies and procedures, ethics policies and procedures and discrimination policies and procedures. I have helped to build a number of businesses, something I take great pride in; I would be happy to do so for your business as well.

CONSERVING YOUR FOR-PROFIT BUSINESS

Conserving your Wisconsin business may require updating agreements, bylaws, share-documents, handbooks, website terms of use, and policies from time to time. It also may require annual updates, change of business name, or of registered agent. And, wage policies, independent contractor classifications may have to be changed from time to time to meet changes in the law or company changes. I have done a fair bit of business conservation and would be happy to help conserve your business.

BUILDING YOUR NON-PROFIT BUSINESS

If you hope to create a nonprofit business, you can do so by incorporating and filing a proper 1023. If you intend on taking a salary as an officer once your business gets off the ground, you will need to do a paper filing, and properly complete the attachments — with focus on the narrative description. This is something I have a great deal of experience on and exceptional pride in doing and would be eager to help you with.

CONSERVING YOUR NON-PROFIT BUSINESS

Your non-profit business may require amending bylaws, employment handbooks and agreements, website terms of use, and policies. It also may require annual updates, annual 990 filings, change of business name, or of registered agent. And, wage policies, independent contractor classifications may have to be changed from time to time to meet changes in the law or company changes. I have done a fair bit of non-profit business conservation and would be happy to help conserve your business.

FIGHTING FOR YOUR BUSINESS’ RIGHTS IN AN ADR SETTING

Alternative dispute resolution mechanisms are important to insulate a business from public liability in a courtroom. And, alternative dispute resolution allows for more flexibility in resolving a dispute. This is true in the case of arbitration, mediation, and private negotiation of disputes.

It is important for you to consider to the importance of finding the right person to protect you in arbitrated, mediated, and negotiated disputes. I have been a court-appointed mediator. And, I have privately mediated a number of disputes through my law firm. I have privately participated in employment arbitration, as a party representative. And, I have engaged in countless business and employment disputes. In serving as a court-appointed mediator, I was trained by former Wisconsin Supreme Court Justice, Janine Geske in acting as mediator. In addition to my doctorate in law, I have a graduate certificate in Dispute Resolution from a top-10 legal dispute resolution program in the country.

FIGHTING FOR YOUR BUSINESS’ RIGHTS IN A COURTROOM

Sometimes a business-dispute has not been provided for well, and the matter ends up in a courtroom. In such cases, you need an advocate that will not only fight for your businesses’ interests but will also be creative. I have experience in not only limiting liability through advocating for my clients in court but also in being creative in doing so. My dispute resolution training serves me well here.

FIGHTING TO INSULATE YOU FROM LIABILITY

You, as an owner, partner, or member, may require protection from personal liability for your business. In such cases, you will not typically be responsible. There are exceptions to this legal theory, referred to as piercing the corporate veil. However, in most cases, if you hire competent counsel, you can adequately protect your legal interests from being hailed into a courtroom as a Defendant in cases when it is not appropriate to pierce the corporate veil. I would be happy to help you in this defense.