Choice-of-Law Provisions in Contracts Few contract provisions are as important and yet often overlooked as the choice-of-law provision. This provision determines which jurisdiction’s legal framework will govern the contract and shapes how disputes will be resolved and how legal rights will be interpreted. It is essentially the legal compass guiding the contractual relationship. Making the
Though many large Wisconsin corporations have benefitted from Foreign Trade Zone (“FTZ”) tax savings and other benefits programs for decades, many small and medium-size businesses in Wisconsin (“SME”) still don’t know what FTZs are. In fact, of the twenty-four companies that currently operate out of the three FTZ grantees in Wisconsin, none of these companies
Our firm’s lawyers routinely assist U.S. and non-U.S. companies in raising capital in the United States. One of the most critical ways international and U.S. companies raise funds in the U.S. is by issuing stock or other securities. Securities offerings, however, are highly regulated — at both the state and federal levels. U.S. law requires
We’ve always tried to cover key aspects of arbitrations on this blog, and why arbitration may make more sense for your situation, as opposed to having to pursue a public lawsuit in court. But when you need fast, injunctive relief, a prior agreement to arbitrate can potentially cause delay and be problematic. Though a major
E-commerce businesses are easy targets for lawsuits. Unlike traditional brick-and-mortar businesses, everything e-commerce businesses do is online for billions of people to see with the click of a button. So, the massive uptick in e-commerce litigation in recent years should not surprise anybody. Despite these increased risks for e-commerce businesses, many make massive mistakes in
With Web3 on the horizon and digital transformation in the air, blockchain technologies like smart contracts are becoming more common in business processes. Every company should be asking how can you incorporate these technologies into your business model. For context, a smart contract is a self-enforcing piece of code that exists on a blockchain and
Even with some high-profile enforcement actions and general mayhem in the blockchain industry (see here and here), many founders continue to build their projects, gain traction in the market, and receive funding. We know this because we speak with many such entrepreneurs every week. Below is an excerpt from an email I recently sent to
Businesses looking to get into the non-fungible token (NFT) space have a chance to reap some serious profit if they do it right. Rare NFTs can sell for tens of millions of dollars. In 2021, The Merge sold for $91.8 million on Nifty Gateway, making it the most expensive NFT to date. However, due to
In this post, I will discuss executory contracts and ipso facto clauses. These are both important basic concepts for bankruptcy proceedings, especially Chapter 11 proceedings (commonly known as a “reorganization” as opposed to a “liquidation” under Chapter 7). 1. Executory Contracts Though the name may sound daunting, an executory contract is simply a contract that
Unless you just returned from weeks of trekking the jungles of Borneo, you know that Tesla and SpaceX founder Elon Musk has made an offer to buy Twitter for about $43 billion. The chattering classes are divided on what this may mean for their favorite communications medium, and unsurprisingly, Musk himself has weighed in. Responding
