Negotiating contracts can be downright messy. By the time you agree to major business terms, you may not want to argue the “small stuff.” Jurisdiction, for example: that’s just meaningless lawyer-talk, you think. Or venue: whatever that is, it can’t be important, you say. And choice of law: the law is the same everywhere, right?.
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Lawsuits involve a bit of procedural jockeying – substitution, consent to a magistrate judge, removal, picking a mediator. In arbitration, everything is up for grabs. Parties choose the arbitrators, set discovery’s scope, decide the hearing rules, and even choose the form of decision. If the arbitration agreement is basic, parties can challenge the arbitration locale.
A recent Wisconsin Court of Appeals decision serves as a helpful reminder for secured parties to closely follow the Wisconsin statutes when foreclosing on a debtor’s assets after default. In 2009, James March sold a restaurant to Thomas Linn for a $50,000 down payment and a $160,000 promissory note secured by a security agreement on.
An enforceable restrictive covenant (covenant not to compete) protects an employer’s business when an employee leaves the employer to work for a competing business or directly compete with the employer. A valid covenant prohibits an employee, for a reasonable time and within a reasonable geographic area, from competing with his former employer, including by using.
It’s a common scenario: a customer refuses to pay, forcing a business to incur legal fees and court costs suing to recover the money owed. Once a judgment is obtained, the money must be collected, which is often more difficult than obtaining the judgment itself. One way debtors may seek to avoid collection is by.