Digital Estate Planning: Preparing for Your Online AfterlifeDate Posted: May 1st, 2013 As you begin your spring cleaning, you may also want to revisit your estate plan. As technology is beginning to play a more and more central role in our lives, it should have a role in your estate plan as well. With technology moving faster than the law, many individuals and attorneys are left without specific guidelines for effective ways to plan for digital assets after death. With this in mind, our team at Gerbers Law has composed a list of digital estate planning tips to help you make a plan for your digital assets. |
Do Google Search Results Violate Your Privacy Rights?Date Posted: March 27th, 2013 A Wisconsin woman’s claim that Google search results for her name violate Wisconsin privacy and misappropriation laws was dismissed by the United States Court of Appeals for the Seventh Circuit on March, 6th, 2013. The Elkhorn, WI woman, Beverly, “Bev” Stayart, alleged that Google violated her rights of privacy and against misappropriation, because searches for her name prompt suggested searches of “Bev Stayart Levitra” and advertisements for other erectile dysfunction medications, including Levitra, Cialis and Viagra. |
Wisconsin Keyword Advertising Lawsuit May Set PrecedentDate Posted: March 14th, 2013 On February 21, 2013, a Wisconsin Court of Appeals ruled that buying search engine ads generated by a business competitor’s name does not violate their privacy or publicity rights. |
Looking Back: Was the McDonald’s Coffee Lawsuit Frivolous?Date Posted: February 21st, 2013 But was the lawsuit unjustified? |
Top 5 Ways to Show Your Love with Estate PlanningDate Posted: February 14, 2013 |
Online Impersonation, Catfishing and the LawDate Posted: January 24, 2013 Can Te’o sue?The Manti Te’o hoax, in which Notre Dame fans, media entities, and allegedly the Heisman runner-up himself, were fooled by a false Twitter account, is drawing more attention to the legality of false online identities and online impersonation. Continue reading |
Negative Online Reviews & The Law: How should your Business Respond?Date Posted: January 16, 2013 |
How Interest Rates May Delay Judgment PaymentsDate Posted: January 10, 2013 |
New Law Regarding Contracts with Automatic Renewal ClausesDate Posted: June 11, 2012 |
State Legislature Adopts Changes to Landlord Tenant LawsDate Posted: April 13, 2012 |
New Businesses Created In Wisconsin Up From Last Year
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Date Posted: September 27, 2011
The New Age of Mortgage Foreclosure ActionsDate Posted: June 8, 2011 |
U.S. Small Business Administration Certified Development Company (504) Loans
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Guarantee’s and Shorten Redemption PeriodsRecent Supreme Court Decision May Affect Those Who Personally Guaranty Written By: Attorney Nicholas J. Linz Given the current restrictions being placed on lending institutions, it is becoming increasingly difficult for small businesses to obtain the financing necessary to support growth or even sustain their current operations. In addition to obtaining a mortgage to secure a loan, it is not uncommon for banks to further require small business owners to personally guaranty payment of the note. Those who do personally … |
Sometimes You Can Get Blood From a TurnipHow the State Can Collect on Unpaid Contributions from Bankrupt or Dissolved CompaniesDate Posted: May 15, 2011 |
Tax Relief Act of 2010 Opens Window for Gifting
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Walker’s Budget Repair Bill
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National Arbitration Forum Stops ArbitratingIt appears that the National Arbitration Forum has closed its doors (mostly). In settlement of the claims against it by the Minnesota Attorney General, the NAF has agreed to cease almost all arbitrations that it currently offers (it has retained the right to do internet domain name arbitrations). This is significant in that the NAF was one of the go to arbitration panels utilized by credit card companies in their mandatory arbitration clauses. What will this do to the arbitration … |
UPDATE: AAA Follows NAFIn a very interesting announcement, the American Arbitration Association has announced that it will follow the NAF in ceasing to do consumer debt arbitrations. It appears that the not-for-profit AAA did not have the same legal issues that the NAF had, nor had the AAA been sued for the same things the NAF were sued for. However, the AAA said it will cease taking this type of arbitration cases “until some standards or safeguards are established.” Read more about the … |
When Your Brilliant Business Mind Can Get Your Business in TroubleThere is a legal adage that every first year law student has likely heard, if not recited numerous times: “the man who represents himself has a fool for a client.” While there are certainly instances of untrained intelligent people winning cases in a court of law, the saying might never be truer than for business owners in Wisconsin. This is because in many instances, the failure to hire an attorney might not only be unwise, but also give the opposing … |
Wisconsin Legislature Brings Back Protections Against Fraud in Real Estate TransactionsThe Wisconsin Supreme Court in Below v. Norton, 2008 WI 77, 751 N.W. 2d 351, expanded the reach of the Economic Loss Doctrine (ELD) to bar claims of fraud and intentional misrepresentation in residential real estate transactions. The Wisconsin Legislature has fought back: “In addition to any other remedies available under law, a transferee in a residential real estate transaction may maintain an action in tort against the real estate transferor for fraud committed, or an intentional misrepresentation made, by … |
Tenant Rights in Wisconsin ForeclosuresThe Wisconsin Legislature passed 2009 Senate Bill 62, which was signed into law as 2009 Wisconsin Act 2 on February 19, 2009. For full text of the Act, click here: http://www.legis.state.wi.us/2009/data/acts/09Act2.pdf. This Act changed many laws in the State, however one is of particular importance and interest to me. The Act created Wisconsin Statute § 846.35 Protections for tenants in foreclosure actions. The title gives you a good idea of what this is about. In looking at the newly enacted … |
Click Here to Accept and Lose All RightsSocial networking sites like Facebook, Twitter, and LinkedIn are becoming a growing way to market not only yourself, but also your business. Further, people now spend more time on these social networking sites than they do writing e-mails. Recently, there was a large outcry over Facebook changing its Terms and Conditions (T&Cs) for using the site. So just what caused the outrage, what are you giving up when using these sites, and what can you do to properly tailor your … |
S-Corp, C-Corp, Partnership, or LLC: Which one is Right for Me?Starting a small business in a tough economy can be a daunting yet exciting task filled with difficult decisions and strategic planning to maximize your chances of success. Your planning must necessarily begin even before your company does, when deciding which type of entity to be. Make the wrong choice and you could end up being handcuffed on options when it comes time to make distributions to the owners. Prepare taxes inconsistent with the business type you have chosen and … |
TM and the Digital Age: Does SciFi need to be SyFy?NBC Universal has announced that as of July 2009 the SciFi channel will be changing its name… to the SyFy channel. Phonetically there is no difference between the names, but SyFy represents a chance to trademark the company name, whereas SciFi was too generic and common to receive trademark protection. The channel (lovingly referred to as Skiffy – another phonetic pronunciation, that will need to be rethought – by its fans) is hoping that owning the trademark on the channel … |
Polsky v. Virnich: Last Stop on the Gravy TrainA case recently heard by the Wisconsin Supreme Court might greatly shift the balance of power between corporate executives and creditors in Wisconsin. In most jurisdictions, when a company’s debts begin to greatly exceed its assets, the directors owe a duty to the creditors to conduct the business and collect money for their benefit. For quite some time, Wisconsin law has been in the minority. As long as the company is operating, the directors owe no special duty to creditors. … |
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