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No one ever wants to go to court, but sometimes there is no other choice to ensure that your legal rights are protected. Litigation may be necessary in many types of disputes including contract and business ownership issues, real estate disputes, employment complaints and evictions. However, litigation can be complicated, expensive and stressful. Small claims court is for certain types of cases. The most common types of small claims cases are: Claims for money ($10,000…
Effective May 1, 2011, a new Wisconsin law requires businesses to notify customers of automatic renewal or extension provisions in business contracts. According to the statute, “business contracts” are contracts “entered into for the lease of business equipment, if any of the business equipment is used primarily in this state, or for providing business services.” The statute does not apply to contracts that allow customers “to terminate an automatically renewed or extended contract period by…
Monday, 06 February 2012 09:25

Business Startup: A Legal Checklist

Written by Kathryn Blom
There are a million things to consider when starting a business, not the least of which are the legal aspects of such an important undertaking. The following checklist will help you identify key legal concepts all business owners should consider:   Obtain a Federal Employer Identification Number (EIN): A federal Employer Identification Number (EIN) is a 9-digit number assigned to sole proprietors, LLCs, corporations, partnerships, estates, trusts, nonprofit organizations, farmers' cooperatives and other entities. It’s…
Small businesses often try to avoid the costs that come with hiring an employee. Hiring an employee means unemployment compensation, worker’s compensation, employment taxes and increased liability. All of these can be a serious drain on the small business. Independent contractors can be a valuable tool to keep costs down in your business. However, there can be serious consequences for misclassifying an employee as an independent contractor. For starters, you could receive 3 audits: the…
Friday, 30 December 2011 09:44

You’re Ready to Buy a Business – Now What?

Written by Kathryn Blom
Starting a new business from scratch requires a lot of work and expense, so for many entrepreneurs buying an existing business is more appealing. An established customer base, employees and suppliers, and the notion that someone has already done all the heavy lifting, are just a few of the reasons “pre-owned” can rival “new.” But buying an existing business is still a complex process. Typically, potential buyers have preliminary discussions about terms of the sale…
You have a lot of options when it comes to choosing a commercial space for your business. In fact, with the economic downturn, it's definitely a buyer's market. But before you sign on the dotted line, there are a few things you should know. Legally speaking, commercial leases are extremely complicated documents often heavily weighted in the lessor's (aka: landlord's) favor. There are also a number of differences between commercial and residential leases. For example,…
As a business owner, have you ever worried about what would happen to your business if one of your partners became disabled, got divorced or died? If you had a Buy-Sell Agreement in place, you could sleep a little easier.   Simply put, a Buy-Sell Agreement is a contract that dictates how, when and for how much a company or its remaining owners will be required to pay to acquire the interests of a departing…
Friday, 04 November 2011 12:59

Succession Planning Cheat Sheet

Written by Kevin Eismann
Succession planning can seem like an overwhelming process, especially when you're in the early stages of considering the transition.  The following list of questions is designed to help you organize your thoughts as you determine the proper strategy for transitioning your business. Personal Goals What are your goals for retirement and how much money will you need on an annual basis to achieve these goals? Besides your retirement savings, what sources of income will you…
Friday, 16 September 2011 15:35

Difficult Debtors: Tips from the Front Line

Written by Valerie Revnew
Bad debts are a source of irritation, and sometimes ruin, for all companies.  According to a July 15, 2008 article by Melanie Lindner on Forbes.Com, a business can expect to collect nine out of ten dollars of a debt within the first 90 days of the due date- after that the numbers begin to plummet.  While most debtors are simply good people who have fallen on hard times, there are exceptions.  We all know the…
Thursday, 18 August 2011 09:40

The National Firearms Act and Your Estate

Written by Kevin Eismann
Hunting, target shooting and guns in general are a big part of our culture in Wisconsin.  Do you know what will happen to your guns upon your incapacity or death?  If you own Class 3 firearms, transferring them to a beneficiary can be complicated and even illegal.  If this is the case, then it’s probably time to consider a Gun Trust (“Gun Trust”). What is an NFA Trust? The National Firearms Act (“NFA”) was enacted…
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Epiphany Law Office

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Appleton, WI 54913

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