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Business & Contracts

Business & Contracts

After attending the Harvard School of Business Administration, Attorney John M. Kelly has been engaged in the practice of business law for over 42 years. He has handled the sale of business assets, stock in business corporations, limited liability company interests and partnership interests, as well as prepared documents such as mortgages, security interests, offers to purchase, and industry-specific proposals and estimate forms. Further, Attorney John M. Kelly has overseen the creation of every type of business entity commonly used today. When the stakes are high in a business transaction, seek the assistance of a seasoned and trusted business advisor. Call Attorney John M. Kelly today for all of your business and contract needs.

Business Organizations

Choice of business entity is one of the most important decisions faced by any business owner. Whether you are establishing a new business, or revising a pre-existing business model, the type of entity you choose will impact every facet of the business' growth and development. Factors affected by the entity type include: required documentation for establishment, ownership and control of business operations, liability for debts, disbursement of profits, taxability, and process for entity termination or succession. As such, it is important that you consult with an experienced attorney before making the decision of how to organize your business. Kelly & Brand, Attorneys at Law, LLC is home to over 42 years of experience in the establishment, organization, and maintenance of every type of business entity commonly used today. Call today to explore your options for your next business venture.


Careful contract and lease drafting is one of the regular activities at Kelly & Brand, Attorneys at Law, LLC. Care in drafting can avoid performance issues in the future. Sometimes contracts are breached by one party and need to be enforced by the other. Contracts are often written, but can also be oral or even implied by the conduct of the parties to the contract. When contracts are breached, a cause of action lies for the recovery of damages as well as for specific performance by the other party by means of a court order. Oral and implied contracts are every bit as enforceable as written contracts; they are just harder to prove. Call Attorney John M. Kelly today for all of your contract needs.


A "franchise" is a business model by which a "franchisee" purchases the right to distribute goods or services on behalf of a "franchisor" in exchange for continued payment of franchise fees. Wisconsin franchises are governed by both the Wisconsin Franchise Investment Law (WFIL) and Section 5 of the Federal Trade Commission Act (FTC). Furthermore, many franchise relationships are considered to be dealerships, and are therefore subject to the Wisconsin Fair Dealership Law (WFDL).

Whether or not a particular business relation rises to the level of a franchise or dealership is a complex and interrelated question of fact and law. Prior to selling or purchasing a potential franchise or dealership, it is vital that you consult with a seasoned business attorney. Kelly & Brand, Attorneys at Law, LLC is home to over 42 years of experience in business transactions of this nature. Attorney John M. Kelly successfully handled the last significant dealership case to be heard by the Wisconsin Supreme Court. Call today for help navigating this complex area of the law.