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Benefit Corporations Make Their Way to Wisconsin

By:  Joseph W. Boucher and Danielle M. Johnson Neider & Boucher, S.C.   On February 26, 2018, Wisconsin Statutes Chapter 204 became effective allowing benefit corporations in Wisconsin. A benefit corporation is a for-profit corporation (not a limited liability company, partnership, or cooperative) that relieves the directors and officers of the corporation from the obligation […]

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It’s Time to Re-evaluate Your Noncompete Agreements

By Jennifer Knudson On January 19, 2018, the Wisconsin Supreme Court decided Manitowoc Company, Inc. v. John M. Lanning stating that a non-solicitation of employee provision is a restrictive covenant that is subject to the stringent rules under Wis. Stats. § 103.465 regarding noncompete agreements.  Specifically, the Court found multiple reasons that the non-solicitation provision […]

Horse Sense in the Time of Unicorns

Co authored by Attorney Joe Boucher The language of business cliches has evolved quickly since the advent of high-tech, high-growth startups.  The days of betting on the right horse have given way to the hunt for the “elusive unicorn” in Silicon Valley parlance, the next overnight success with a billion-dollar valuation. In the last few years, […]

Better SAFE than…?

Co authored by Attorney Joe Boucher  Are you a startup trying to raise money, but have a real aversion to debt instruments?  Or maybe an investor who doesn’t want your original cash back under any circumstances?  If so, then Y Combinator, the highly regarded seed accelerator whose stable of startup thoroughbreds includes little mom-and-pop operations like […]

The Myth of the Independent Contractor

Co authored by Attorney Joe Boucher The issue of misclassifying employees as independent contractors has been simmering for a while now.  Startups and established companies alike have had to take a hard look at their employment structures in light of recent high-profile litigation (*cough* Uber *cough*) and the U.S. Department of Labor’s reiteration of its stance […]

King v. Burwell – The Supreme Court Ruled to Uphold the Affordable Care Act’s Subsidies

Written by: Attorney Jennifer Knudson On June 25, 2015, the United States Supreme Court published its decision in King v. Burwell.  In a 6-3 opinion written by Chief Justice Roberts, the Supreme Court upheld the availability of federal subsidies under the Affordable Care Act (ACA) for taxpayers who purchase health insurance on exchanges established by […]