Category Archives: General

The Wisconsin Supreme Court Issues Another Ruling Important to the Real Estate Industry in Wisconsin.

In Ash Park, LLC v. Re/Max Select, LLC, the Wisconsin Supreme Court upheld a ruling awarding a real estate company a broker’s commission of $378,000.00 even though the buyer procured by that company could not follow through and consummate the sale. The basic facts of the case are fairly straightforward.  Ash Park entered into a one-party listing contract with Re/Max relative to a parcel of vacant land.  Re/Max would earn a six percent commission on the purchase price if Ash Park sold or accepted an offer which created an enforceable contract for the sale of all or any part of […]

ELECTION DAY: ARE WE THERE YET?

We are getting close.  Mercifully, we will get a respite from the onslaught of political ads that have haunted us morning, noon and night since summer drew to a close. Yes, Election Day 2014, Tuesday, November 4, is nearly upon us.  Businesses should take a moment to review their policies and procedures and make sure that they understand laws concerning employee voting rights.  Similarly, employees should understand the extent of their rights and how to properly exercise them. The amount of time that employees are entitled to take in connection with voting varies, not surprisingly, from state to state.  Some impose no […]

Software Licensing – Yes, You Can Negotiate –
Here is The How and The What.

One of the functions of this blog is to address issues that arise with some frequency in practice, or those that arise from time to time with frustrating results.  Enter the acquisition of major software licenses or IT systems that play a large role in the operation of a business.  The majority of negotiations concerning software licenses or information technology related agreements (“Software Agreements” for this note) start with the vendor’s pre-printed terms and conditions or the standard “form” agreement. Both sides are afraid to negotiate.  Customers (or licensees) wrongly think that they must sign the standard contract presented or do […]

The Internet of Things is Coming – Are You Ready?

At this point I think most people of heard the notion of the Internet of Things (IoT) somewhere along the way.  If not, now is the time.  The IoT is a network of physical objects accessed and technologically interconnected through the Internet.  The objects contain embedded technology allowing them to interact with each other and various aspects of their external environment.  One benefit of this technology is that when objects can send and receive data and information, they can be controlled remotely and set to operate with maximum efficiency.  The data they collect, send and receive can be very valuable. […]

Thinking of Texting Your Legal Notice? LOL.
Please Contact an Attorney.

Calling “do-it-yourself” legal documents and related services popular is a gross understatement.  While hiring lawyers is something that most try to avoid at all cost, the bottom line is that everyone has a need for legal services at some point in time.  The unfortunate reality is that lawyers spend as much or more time (and people end up spending more money) fixing problems that could have been avoided in the first place as they do helping things get off on the right foot at the beginning. Once in a while a dispute makes its way through the court system and we get […]

Bad Reviews. . . . Both Businesses and Consumers May
Have Something to Yelp (literally) About.**

Before the relatively recent explosion in popularity and use of social media, consumers were relatively limited in terms of the channels that they could use to voice displeasure with a business.  Stories of dissatisfaction or poor customer service complaints made it to immediate friends, family and co-workers, perhaps, but not much farther.  Now platforms such as Facebook, Twitter, Yelp and others empower consumers by allowing them to broadcast their experiences – good or bad – far and wide. Naturally, businesses appreciate positive reviews but hate to have negative experiences broadcast to the masses. They would likely prefer that critics remain silent […]

A Sharp Stick in the Eye of Copyrights?

The Seventh Circuit Court of Appeals issued an opinion yesterday in the case of Kienitz v. Sconnie Nation, LLC et. al., addressing the law relating to copyright. The case is interesting because it addresses a compelling legal issue – the concept of “transformative use” – but also because it involves a Madison mayor, a popular and successful Wisconsin company started by students at the University of Wisconsin, and the famous Mifflin Street Block Party. A review of the basics of copyright law will help frame the definitive legal issue in Kienitz. A copyright arises when an original work is fixed […]

Recent Court Ruling Dictates that Most Businesses
Review their Websites? ✔︎ I AGREE.

In order to protect important legal rights, many companies that do business on the web impose certain “terms and conditions” on customers, users and visitors to their websites. Binding users to those terms and conditions is usually accomplished by one of two methods: (1) a “clickwrap” arrangement where users must click on a box to the effect of saying “I agree” after being faced with them; or (2) a “browsewrap” agreement, where the terms and conditions are posted on a website via a hyperlink on the screen. Regarding browsewrap agreements, the visitor is bound simply by using the website, rather […]

Welcome to our blog about legal matters.
Only the title is boring!

Welcome to the new Mueller, S.C. blog! We have decided to write a blog because we like writing and the idea of providing useful information regarding legal matters free of charge. There are plenty on various legal issues out there but a lot of it is technical, confusing or wrong. Our goal is to communicate helpful and interesting information as clearly as possible. The type of posts you will find here will vary. Sometimes we will review a case that might be of interest to readers. Other times we may write about a news event that has something to do with the law. We will […]