Business & Commercial
Running a business is rewarding. But using your time and your employees’ time efficiently while navigating a web of complicated laws and regulations and disputes is essential. Let us ease your mind and your workload. We’ll tackle the legal issues that arise and present you with strategies and solutions, freeing you and your staff to run your business.
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Formation and Organization
Figuring out how to organize your business is one of the most important, and frequently first, considerations for a business owner. Every type of business entity, from corporations to sole proprietorships, offers benefits, costs, and complications. We’ll discuss your goals an identify options tailored for your business. We will take of necessary administrative filings as well as draft the documents, from simple to complex, to get your business up and running or to make changes along the way.
Trademarks and Copyrights
Branding and protecting your intellectual property rights can be an important part of your business. Our firm offers a variety of trademark and copyright services at affordable rates, including evaluation and applications for federal trademark registration and protecting your brand through ongoing trademark monitoring, and maintenance. When necessary, we can also defend and enforce your valuable rights.
Transactions
When a business opportunity presents itself, our attorneys can help get the deal done. From conducting due diligence on a merger or acquisition to negotiating and closing commercial transactions, we focus on structuring the best deal for your business goals.
Termination
For one reason or another, sometimes a business venture must come to an end. Whether you are selling or winding up your business, our firm provides services to assist in all aspects of the process, making sure to tie up all loose ends.
Civil Litigation
Despite preventative measures and efforts to diffuse tension and resolve disputes outside of a courtroom, some lawsuits are unavoidable. But, our approach to litigation is results-oriented. We’ll apply our experience, synthesize complex issues and related law, and help clients identify the most appropriate course of action to accomplish their goals cost-effectively.
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Business Torts
Harm to business relationships and economic interests caused by wrongful or unlawful conduct may be compensated under the law. Fraud, interference with contractual relations, and unfair competition are prevalent in the business world and steps must be taken to protect your bottom line.
Contract Disputes
Entering into a contract imposes certain legal rights and obligations on the parties. Typical contract disputes arise related to formation, interpretation, and performance. We will handle your dispute with a cost-effective strategy designed to protect your contractual rights.
Fiduciary Duty Litigation
Fiduciary duties are created when an individual (the fiduciary) is placed in a position of trust and confidence by another (the principal) to handle its affairs. The fiduciary must act in the principal’s best interests, which means putting his or her interests above all others. These special relationships develop, for example, between corporate directors and their shareholders, investment managers and their investors, employees and their employers, trustees and their beneficiaries, attorneys and their clients, and in many other situations.
Fraud Litigation
Fraud generally involves a lie or deceptive practice employed so the perpetrator profits at unsuspecting victims’ expense. There are many different flavors of fraud such as consumer fraud, insurance fraud, and investment fraud, but the outcome is similar: innocent victims suffering varying degrees of financial loss. Our attorneys are dedicated to investigating fraudulent schemes and helping recover ill-gotten gains from the schemers.
Investment Management
Investment managers and advisors are trusted to handle their clients’ money with care. However, some investment professionals pursue personal gains at their clients’ expense, causing significant financial harm. Legal claims against these individuals and institutions might include breach of contract, breach of fiduciary duty, conversion, and securities fraud.
Appellate
Our firm prides itself on its superb legal writing and has a proven track record of successfully appealing a variety of issues in state and federal court.
Alternative Dispute Resolution
Courts are not the only, and may not always be the best way, to resolve disputes. Our attorneys are experienced in handling cases through mediation and arbitration. Mediation is a cost-effective alternative to litigation that emphasizes reaching a compromise through a neutral third party. Arbitration is also frequently used as a simpler alternative to a trial that places decision-making authority in the hands of a neutral third-party chosen by the parties.
Real Property Law
Our firm is experienced helping clients with a wide array of property issues. We can help you make sure that you get the best deal possible in any real estate transaction and will make sure that your property rights are protected so that you get the most out of your properties.
Representative Cases
Melnick & Melnick, S.C. has represented small and medium-sized business as well as individuals in cases pending before various state and federal trial and appellate courts. We are not daunted by complex problems or sophisticated legal principles. Our team cooperates to put out top-notch written work. Read More || Close
Part of lead counsel team representing independent pharmacies in multi-district antitrust litigation against drug manufacturers related to pricing of brand-name prescription drugs.
Settled post-sale contract dispute related to international manufacturer’s purchase of client’s subsidiary’s assets.
Settled contract dispute related to defective design and construction of custom-built yacht.
Successfully tried franchise owner’s breach of fiduciary duty and related claims against an employee twice – first, secured judgment in circuit court trial and second, protected client’s judgment from discharge after successful trial in bankruptcy court in adversary proceeding.
Settled Wisconsin Safe Place Statute and negligence claims against large public facility related to the improper construction and labeling of accessible exits in a parking lot.
Settled contract dispute against large public company on behalf of local non-profit.
Won default judgment in favor of client lessor. The lessee defendant appealed. The Wisconsin Court of Appeals affirmed in a published case, East Winds Props., LLC v. Jahnke, 2009WI App 125, 320 Wis.2d 797
Secured reversal of trial court’s summary judgment in the Wisconsin Court of Appeals related to experts’ affidavits, McDonald Enters./Fond du Lac Ltd. P'ship v. Excel Eng'g, Inc., 2007 WI App 130 329 Wis.2d 269.
