Authors: Attorney John C. Mitby & Attorney Elizabeth L. Spencer Phone: 608-575-4077 Email: jmitby@hbslawfirm.com, espencer@hbslawfirm.com Businesses are constantly looking for new ways to connect with both current and potential customers. Through social media sites such as Twitter or Facebook to more directed advertisements such as email lists, businesses are able to keep customers informed of […]
John C. Mitby
An Introduction to Builder’s Risk Insurance
Authors: Attorney John C. Mitby & Attorney Elizabeth L. Spencer Phone: 608-575-4077 Email: jmitby@hbslawfirm.com, espencer@hbslawfirm.com When entering into construction contracts a project’s insurance requirements are often overlooked leading to the parties accepting impersonal form provisions without addressing project specifications. This quick acceptance of standard industry forms often occurs with builder’s risk insurance (“BRI” or “BARI”) […]
MillerCoors LLC v. Millis Transfer Inc.: An Expensive Lesson about Indemnity Provisions
Authors: Attorney John C. Mitby & Law Sarah Schuchardt Phone: 608-575-4077 Email: jmitby@hbslawfirm.com In MillerCoors LLC v. Millis Transfer Inc., Zurich American Ins. Co., 2015AP1894 (WI Ct. App. 2017), the Court of Appeals of Wisconsin affirmed the holding of the circuit court, which found that Millis had breached its duty to defend and indemnify MillerCoors […]
Engineer, Contractors, Sub-Contractors and Governmental Immunity
Authors: Attorney John C. Mitby & Law Clerk Elizabeth L. Spencer Phone: 608-575-4077 Email: jmitby@hbslawfirm.com The Wisconsin Supreme Court in Melchert v. Pro Elec. Contractors, 2017 WI 30, 892 N.W.2d 710 again addressed the concept of governmental immunity for private contractors who perform work on behalf of a government entity. Private contractors should take note […]
Seventh Circuit Affirms that Employee Was Not “Otherwise Qualified” Failing to Regularly Attend Work
Authors: Attorney John C. Mitby & Law Clerk Elizabeth L. Spencer Phone: 608-575-4077 Email: jmitby@hbslawfirm.com In the recent case Whitaker v. Wisconsin Department of Health Services, 849 F.3d 681 (7th Cir. 2017), the Seventh Circuit refused to revive a fired employee’s suit stating that she did not establish that she was an “otherwise qualified” employee […]
Employment Arbitration Agreements and Employee Rights
Authors: Attorney John C. Mitby & Law Clerk Elizabeth L. Spencer Phone: 608-575-4077 Email: jmitby@hbslawfirm.com In April, the National Labor Relations Board (NLRB) ordered the DISH Network, LLC to revise or rescind its employment agreements after finding that provisions in the agreements violated federal law employee rights law. DISH Network, LLC, 365 NLRB No. 47 […]
Cybersecurity Insurance Challenges and Considerations
Authors: Attorney John C. Mitby & Law Clerk Elizabeth L. Spencer Phone: 608-575-4077 Email: jmitby@hbslawfirm.com According to the Insurance Information Institute, cyber incidents have become the third largest risk to businesses worldwide, leading many businesses to seek out insurance protection against cyber risks. PricewaterhouseCoopers estimates that annual gross written premiums for cybersecurity insurance are set […]
A Brief Overview of Trademark Considerations
Authors: Attorney John C. Mitby & Law Clerk Elizabeth L. Spencer Phone: 608-575-4077 Email: jmitby@hbslawfirm.com In December 2016, Metcalfe Inc., filed suit against Festival Foods alleging that it stole the concept of Metcalfe’s trademarked highway marker logo with the phrase “Wisconsin Food Miles” used to show the distance that a food item travelled to […]
2017 Construction Hiring and Business Outlook
Check out AGC of America website as they along with Sage Construction and Real Estate have released the 2017 Construction Hiring and Business outlook. All materials can be found on The Associated General Contractors of America website. Cited: Brian Turmail Executive Director of Public Affairs Associated General Contractors of America O: (703) 837-5310 C: […]
Technology and the Enforceability of Restrictive Covenants
Authors: Attorney John C. Mitby, Attorney Andrew W. Erlandson, and Law Clerk Elizabeth L. Spencer Phone: 608-575-4077 Email: jmitby@hbslawfirm.com Wisconsin law generally disfavors the enforcement of restrictive covenants. However, there has been a trend in the opposite direction. Recently in BMO Harris Bank N.A. v. Lailer, No. 16-CV-545-JPS, 2016 WL 6155997 (E.D. Wis. Oct. 21, […]
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