Real Estate Law Update
The year 2009 saw the reaffirmation and clarification of common real estate law contractual principles by Wisconsin's Appellate Courts.
In cases dealing with listing contracts and sales contracts, the courts upheld the rights of brokers to protect their commission for up to one year after the listing contract expired where the property is eventually sold to a "protected" buyer during that period. "protected buyer" status extended to not only those persons whom the Broker notifies the Seller of in writing, but also to those persons with whom the Broker negotiated to acquire an interest in the property. (Burkett & Assocs., Inc. Century 21 v. Teymer).
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New Law Requires all Wisconsin Auto Owners to Carry Insurance
Uninsured will Lose Driving Privileges
The Wisconsin Legislature has recently adopted changes in the law regulating auto insurance. Beginning June 1, 2010, Wisconsin will join 48 other states and require all automobile owners to carry insurance on every vehicle they own. A person without insurance could face fines up to $500 and suspension of their driver's license. Additionally, individuals will be required to pay for damage and have proof of insurance before their license is reinstated.
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| Liability Protection of an LLC
Are There Limits?
In Wisconsin, the general rule enunciated in Sec. 183.0304 of the Wisconsin Statutes provides liability protection for members or managers of limited liability companies, whether in contract, tort or otherwise, for the debts, obligations and liabilities of the LLC.
There are exceptions, however, as set forth both in the statute and in a recent Supreme Court decision.
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The Work Made for Hire Doctrine:
More Complicated Than You Think
It's a question that Attorney Tori L. Kluess hears all the time: "If I specifically commission and pay for work, I own the work product, including the copyrights, don't I?"
The answer comes as a surprise to many.
"Just because you request the work and pay for the work does not mean you own the copyright to the work," Attorney Kluess says. "If you are dealing with an independent contractor, who is not an employee of your company, and if the work does not fall within nine narrow, specifically enumerated areas set forth in the Copyright Act, then the only way you can be sure you own the copyright is if the person doing the work for you assigns those copyrights to you in writing as part of your contract."
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Four Liebmann, Conway, Olejniczak & Jerry, S.C. attorneys were named Wisconsin Super Lawyers in 2009. Greg Conway, Tom Olejniczak, Fred Schmidt and George Burnett were listed among the top attorneys in Wisconsin for 2009 by Super Lawyers magazine. Each year, only five percent of the lawyers in the state receive this honor.
These four attorneys have been practicing law together for more than 20 years. |
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