Please note: Our firm is still open for business and accepting new clients. To protect your safety in response to the threats of COVID-19, we are offering new and current clients the ability to meet with us via telephone or through video conferencing. Please call our office to discuss your options. COVID-19 Changes

  1. Home
  2.  | Corporate & Business Law

Corporate & Business Law

McDonald & Kloth, LLC’s corporate and business clients range from startups and nonprofits to multistate contractors and educational institutions. Representing such a wide range of corporate and business clientele requires a legal staff comprised of highly diversified and knowledgeable professionals.  Our professional staff, coupled with our industry partners and alliances, give us the upper hand when it comes to serving the needs of our clients. Our business law firm provides a full range of legal services to our corporate and business clientele. Understand the basics of each type of service and learn how our firm can help you.

Business Law Legal Services

  • Business Litigation
  • Business to Business Contracts
  • Business Purchase/Sale Agreement
  • Non-Compete Agreements
  • Non-Disclosure Agreements
  • Trade Secret Protections
  • Contract Negotiations
  • Key Employee Contracts
  • General Employment Contracts
  • Employee Relations
  • Organization of and Assistance with Nonprofit corporations
  • Choice of Business Entity and Formation
  • Compliance Issues
  • Human Resources

Business to Business Contracts

Business to business (B2B) contracts involves contracts between two different business entities. They are used when services are provided by one company for another to satisfy a need. B2B contracts can help protect both parties involved. To learn more, call now.

Business Purchase/Sale Agreement

Business Purchase/Sale agreements involves buying or selling a business. This may be a complicated process and legal consultation can help you understand, review, and draft documents.

Non-Compete Agreements

Non-compete agreements are a common practice between an employer and employee when an employee has access to their employer’s confidential information or information that provides their employer with a competitive advantage in the industry.  Essentially, well drafted non-compete agreements restrict an employee from working for a competitor in order to preserve the employer’s confidential information and competitive advantage.

Non-Competes Are Enforceable In Wisconsin 

Although Wisconsin generally disfavors non-compete agreements, Wisconsin allows an employer to require an employee to sign a non-compete agreement as a condition of employment.  An employer can require an employee to sign a non-compete prior to offering the employee a job or at any time during employment.

Not All Non-Competes Are Made Equal

Wisconsin Courts have routinely invalidated non-compete agreements that run afoul of the following factors:
  1. Is the restriction reasonably necessary to protect the employer?
  2. Is the restriction reasonable in terms of duration?
  3. Is the restriction reasonable in geographic scope?
  4. Is the restriction unduly hard on the employee?
  5. Does the restriction violate public policy?
Whether you are an employee being asked to sign a non-compete agreement or an employer looking to have employees sign a non-compete agreement, McDonald & Kloth, LLC can help.  The attorneys at McDonald & Kloth, LLC have significant experience litigating, drafting, and negotiating non-compete agreements.  Please contact us today so that we can help navigate you through this complex employment contract.

Non-Disclosure Agreement

Non-disclosure agreements are becoming more prevalent in Wisconsin.  While non-disclosure agreements are often referred to as confidentiality agreements, the two have subtle distinctions.  Typically, confidential agreements are used when parties reach a settlement on contested legal issues.  Whereas, a non-disclosure agreement is typically used to protect a company’s confidential information, like trade secrets or other proprietary information.  Non-disclosure agreements are often used in the employee-employer setting, but can also be effectively used in a business to business setting.

Similar to other restrictive covenants, like non-compete agreements, it is important for the party drafting and implementing a non-disclosure agreement to ensure it does not violate the ever-changing laws in Wisconsin.  Before entering into a non-disclosure agreement, it is critical that you have experienced representation to ensure that you are fully protected.  The attorneys at McDonald & Kloth, LLC have successfully drafted, negotiated, and litigated non-disclosure agreements, confidentially agreements, and other restrictive covenant agreements.  Please contact us today so that we can protect you.

Contract Negotiations

When entering into contract negotiations, it is critical that an individual or business have competent and effective representation.  Often times, parties underestimate the complexities of their future relationship or possible pitfalls.  While it is difficult to foresee all possible issues that may arise in the future, the attorneys at McDonald & Kloth, LLC have the experience and dedication to put you on the path to success.

The attorneys at McDonald & Kloth, LLC have decades worth of experience successfully negotiating business contracts, including:
  • Buy-sell agreements
  • Purchase contracts
  • Restrictive covenant agreements
  • Confidentiality agreements
  • Non-disclosure agreements
  • Non-compete agreements
  • Operating agreements
  • Employment contracts
  • Residential leases
  • Commercial leases
  • Rental agreements
  • Personal guarantees
  • Settlement agreements
  • Stock purchase agreements
  • Asset purchase agreements
  • Equipment lease agreements
  • Repayment agreements
  • Separation agreements
  • Severance agreements
Before engaging in contract negotiations, please call us today so that we can help ensure your success.

Employee Relations

A company’s greatest asset is its employees.  Successful businesses understand the critical role employee relations play in day-to-day operations.  At McDonald & Kloth, LLC, we regularly counsel and advise employers on federal and state employment laws and regulations with the goal of reducing protractive litigation while ensuring a fair and productive work environment.

When advising clients on employee relations matters, we tailor our approach to each individual business by drafting personnel documents, policies, employment handbooks, and other documentary guidelines that reflect the company culture and type of business.

Employment Relation Services

McDonald & Kloth, LLC attorneys advise and counsel clients on legal compliance matters related to employment laws and statues and support clients in the following areas:
  • Drafting and revising employment handbooks
  • Drafting and revising offer letters
  • Developing drug and alcohol testing policies
  • Drafting, revising and negotiating employment contracts like non-compete agreements, non-disclosure agreements, confidentiality agreements, severance agreements, separation agreements, and non-solicitation agreements
  • Counseling clients on disciplinary procedures
  • Investigating misconduct and recommending appropriate action
  • Creating affirmative action plans
  • Ensuring compliance with various employment related statutes like Title VII, American with Disabilities Act, Age Discrimination in Employment Act, Wisconsin Fair Employment Act, Family Medical Leave Act, Wisconsin Family Medical Leave Act, Equal Pay Act

Compliance Issues

Compliance issues within the legal field can cover a host of different areas.  The attorneys at McDonald & Kloth, LLC can assist your business to ensure compliance in the field of employment law.  We have frequently been retained by new, current, and former clients to support business in this regard.  We believe that by being proactive, our clients can reduce their liability exposure and limit costly litigation.

When it comes to compliance matters; we typically assist our clients by reviewing and revising their employment policies and procedures to ensure they will not run afoul of state and federal employment laws.  We also provide training and counseling to ensure that management and employees with human resources functions understand best practices when applying company policies and procedures.

Please contact McDonald & Kloth, LLC for further information on how we can safeguard your business.

Need Representation In A Business Law Issue? Call Us Today

Contact McDonald & Kloth, LLC to discuss how its experienced attorneys can assist with your company’s current legal issues. We can help you in your corporate and business law needs.