O'Neil, Cannon, Hollman, DeJong & Laing SC

The attorneys at O’Neil Cannon understand the unique demands of high-stakes appellate practice. Our attorneys handle appeals for clients in a variety of cases, including cases involving constitutional, banking, employment, environmental, insurance, construction, personal injury and product liability, corporate and commercial, and tax issues. We have successfully handled appeals at all levels of the appellate process in both state and federal courts, as well as petitions for extraordinary relief. O’Neil Cannon has also partnered with other firms in major complex cases, providing a valuable perspective and critical review of the issues and arguments in the case.

The firm offers a full range of appellate services. We develop legal arguments at the early stages of litigation and pursue them on appeal with the benefit of a sound trial court record. At the appellate stage, we draft all the necessary notices, petitions, motions, and writs, and prepare persuasive and well reasoned briefs on the relevant issues. In addition, anticipating the possibility of appellate review further down the road, we provide expertise on legal, statutory, and regulatory issues to attorneys in our corporate practice group to assess potential outcomes of transactions, evaluate threatened litigation, and help our clients avoid or prevail in litigation involving tax, real estate, and other corporate matters.

At O’Neil Cannon, our reputation for trying and winning cases has enabled us to successfully conclude negotiated settlements in pending and threatened litigation and to facilitate the resolution of disputes in situations where the futures of important business relationships are at stake.

Arbitration and mediation are two examples of the alternative dispute resolution (ADR) approaches we employ. In the right cases, ADR techniques offer strong results and less expensive, more efficient alternatives to the litigation process.

Arbitration

Arbitration allows parties involved in a dispute to seek a resolution of it in a structured, but private, setting that resembles litigation and offers essentially the same finality as litigation, but ordinarily at a significantly quickened pace. The parties may choose to follow the arbitration rules and procedures of the American Arbitration Association, or other business and trade associations, or devise their own protocol and procedures.

Parties may choose to follow the rules and procedures of the American Arbitration Association, other business or trade associations, or even devise their own protocols and procedures.

Our attorneys have extensive experience in arbitrations of a wide range of disputes, including corporate, contract, insurance coverage, securities, construction and employment and labor matters. We provide a full range of arbitration-related services, including drafting of arbitration agreements, formulation of arbitration rules and procedures, representation and advocacy at arbitration, and enforcement of arbitration awards.

Mediation

In mediation, an impartial person, sometimes referred to as a “third-party neutral,” facilitates a negotiation between the parties involved in a dispute. Typically, the parties and their attorneys meet with a mediator and engage in negotiations over possible resolution of their disputed claims. At the mediation session, the mediator usually meets separately with the parties and their counsel to assess the dispute and possible resolution of it in the hope of assisting them in arriving at a compromise. The mediation typically shuttles between the parties during the course of the mediation to exchange offers in an attempt to resolve the dispute.

Our attorneys have substantive experience with meditation of business disputes. They have worked to successfully resolve a vast number of disputes at mediation, including complex business disputes, multi-party disputes, disputes where emotions are high, and disputes where prior settlement negotiations have failed.

O’Neil, Cannon, Hollman, DeJong and Laing’s business litigation practice has handled some of the largest, most high profile and complicated lawsuits ever filed in Wisconsin, such as the litigation arising out of the construction of the retractable roof at Miller Park (the home of the Milwaukee Brewers), and the litigation over asbestos abatement at Southridge and Northridge Shopping Malls (the two largest shopping malls in Wisconsin at the time). But that is only a piece of our practice. We also handle disputes which may be much smaller in nature, but are just as important to our clients.

O’Neil Cannon has a very successful track record both litigating and defending class actions. We have been involved with some of the largest class actions in Wisconsin and throughout the country. Our attorneys have represented members of the class who are seeking relief, as well as defended large corporations in lawsuits brought against them.

We have been involved in complex cases involving a wide range of areas including tax refunds, securities, anti-trust, commerce clause, and pension funds. Courts have routinely recognized our firm’s high level of competence and experience in our representation of these matters.

The business lawyers at O’Neil Cannon advise clients on issues that can be encountered in a wide range of commercial arrangements and transactions. We regularly assist clients ranging from large corporations to start-up entities in negotiating and preparing agreements relating to the manufacture, procurement, and /or distribution of goods. We represent clients at all points in the supply and distribution chain: including, manufacturers, suppliers, resellers, distributors, agents, financing entities, and end users.

The types of commercial agreements we often are involved in include:

• Supply Agreements
• Distribution and Reseller Agreements
• Franchising and Licensing Agreements
• Joint Venture Relationships
• Strategic Alliances
• Sales Commission and Referral Agreements
• Contract Manufacturing Agreements
• OEM and VAR Agreements

We have extensive experience in representing both borrowers and lenders in all types of commercial and leasing transactions. Whether you need to finance a business start-up or acquisition, establish a line of credit for working capital, or finance other business needs, we can assist with the negotiation and closing of commercial financing agreements. When representing lenders, we are often involved in the early stages of transactions, including the advance preparation of forms and documents, and the initial exploratory examination and due diligence – analyzing unique or new laws that may affect the structure of the deal. We also handle all types of mortgage transactions, from complex financing for income producing properties such as shopping centers, multi-family residential, industrial and office space, to conventional home mortgages.

For many entrepreneurs, franchising is a way to grow an existing business or realize their dream of becoming their own boss. At O’Neil Cannon, we assist clients with a variety of franchise and dealership law matters, including navigating the various issues involved when starting a new franchise business or expanding an existing business operation using a franchise or dealership model. When necessary, our litigation attorneys have successfully handled a wide range of cases dealing with the rights and responsibilities between franchisors/franchisees and dealers/grantors under the intricacies of their contractual agreements and state and federal law.

Our contract lawyers have extensive experience working with franchisees and dealers, evaluating their legal needs to help them establish their business entities and become a franchisee or dealer of a given model. We have also worked with a number of companies to help expand their businesses as a franchisor, including the preparation of all required state and federal filings – such as the Franchise Disclosure Document and Franchise Agreement – or as a grantor, using dealership and distributorship agreements for product manufacturers or service providers.

In addition, our litigation lawyers have extensive experience negotiating and litigating disputes between franchisors or manufacturers and their franchisees, dealers, and distributors. When disputes arise, we work to obtain resolutions that enable the parties to either continue their business relationship – perhaps under new terms – or walk away with concessions that both sides can live with. And if these measures have been unsuccessful, we have litigated disputes brought under the Wisconsin Fair Dealership Law and other state franchise, dealer, or distributor laws both in Wisconsin and around the country.

Health care is one of the largest sectors of the U.S. economy, and also one of the most complex. Health care providers and health care-related businesses who wish to do good—and do well—need knowledgeable and responsive attorneys able to assist them in navigating changing legal parameters.

At O’Neil Cannon, we work with a diverse range of clients in the health care sector to help them efficiently and effectively manage their legal needs. Our Health Care Practice Area is comprised of lawyers with detailed knowledge of and strong experience with legal issues impacting the health care industry.

Our attorneys counsel and represent clients on a wide variety of health care issues, taking a proactive approach to their circumstances and goals, including:

• Litigation and dispute resolution, including payer-provider disputes and class action defense
• Risk management
• Corporate and commercial transactions
• Corporate governance
• Medical staff bylaws, privileges and peer review
• Creditors’ rights
• Employment and labor relations, including restrictive covenants, non-competes, employment agreements, and employee benefits
• Real estate
• Joint ventures
• Licensure and credentialing
• Medical records privacy and retention

Health Care Litigation

We work closely with our health care clients to develop strategic, yet practical solutions to prevent and resolve disputes, including litigation, involving a wide range of legal issues. When disputes arise, we actively and aggressively pursue and defend our clients’ interests, combining our strong understanding of various areas of health law with our extensive practice in numerous dispute resolution forums in Wisconsin and around the country.

We have significant and diverse trial experience representing clients in state and federal courts throughout the country, arbitrations, and public and private administrative proceedings. We have successfully litigated on behalf of clients in nearly every sector of the health care industry, including health systems and networks, hospitals, clinics, long-term care and skilled nursing facilities, physician practice groups, medical device and products manufacturers, third-party insurers and individual health care professionals.

Health Care Transactions

We understand the “business side” of health care and regularly partner with providers to improve the delivery of health care while achieving their financial goals within the intricate statutory, regulatory and contractual confines of the health care industry. We employ a multi-disciplinary approach that effectively and efficiently accomplishes our clients’ varied business objectives by incorporating a wealth of corporate and commercial law experience.

We have worked on an array of corporate and commercial transactions on behalf of health care industry clients, including asset purchase agreements, equity purchase agreements, joint ventures, supply and distribution contracts, independent contractor agreements, service provider arrangements, managed care contracting, real estate sales and leases, and various types of deal financing. Our firm has the breadth and depth of legal experience to help our health care clients formulate strategic planning initiatives and achieve their goals at all points of the business development spectrum.

Health Care Employment and Labor Relations

We counsel health care clients on a wide range of employment and labor law issues. Our lawyers have advised and represented large health systems, physician groups, and individual practitioners with respect to health care industry-specific issues related to employment and independent contractor arrangements, medical directorship agreements, medical staff privileges and peer review, restrictive covenants and administrative employment and staffing matters.

We have assisted employers and employees—within and outside the health care industry—ensure adherence to legal and contractual requirements of all aspects of employment relationships including: hiring and firing issues, discrimination and harassment complaints, wage and hour matters, ADA and FMLA compliance, unemployment compensation claims, worker’s compensation retaliation claims, OSHA investigations and citations and contract issues. We also have extensive experience in handling employment workforce matters involving organized labor, including collective bargaining, grievances and personnel board hearings, unfair labor practices and labor relations board proceedings.

To help our clients manage their employment relationships, we prepare employment contracts, employee handbooks, employment policies and procedures, supervisory and management training and non-compete, non-solicitation and confidentiality agreements designed specifically for our clients’ needs. We help manage difficult employee situations and provide clients with a practical plan of action to help reduce the risk of employment-related disputes. When litigation is necessary, our experience representing clients before state and federal courts and agencies enables us to aggressively advocate for our clients’ interests in any forum.

The attorneys at O’Neil Cannon know that some of the most important assets owned by any company are its business and product names, trademarks, logos, and other intangible property.We can assist your business in selecting and protecting a company name, product name, or logo before you find out about another company using a similar or identical name or mark. When problems do occur, we provide practical, yet aggressive counsel to clients involved in trademark or trade name infringement claims. We also know that your product price lists, production specifications, and other confidential information provide your business with an advantage over your competitors – and we know how to help you keep those trade secrets confidential.

Our areas of practice include:

• Drafting and Reviewing Nondisclosure and Confidentiality Agreements
• Protection of Trade Secrets
• State and Federal Trademark Registration
• Copyright Registration
• Representation in Infringement Claims

O’Neil Cannon personal injury practice focuses on representing persons who have been seriously injured as a result of automobile accidents, motorcycle accidents, boating accidents, medical malpractice, and product defects. We generally do not represent insurance companies in personal injury matters, only injured persons.

Our personal injury litigation team has been involved in some of the largest, most high profile personal injury cases in Wisconsin. For example, we represented former Milwaukee Brewer Randy Ready and his family in obtaining a $24.7 million verdict in 1990, which still stands as the largest medical malpractice verdict ever rendered in Wisconsin.

O’Neil, Cannon, Hollman, DeJong and Laing’s personal injury litigation team has obtained many million dollar settlements and verdicts for injured clients, and has been repeatedly recognized for its outstanding work. Our attorneys have received awards for being one of the “Top 50 Super Lawyers” in Wisconsin, one of “Milwaukee’s Best Lawyers,” and a “Leader in the Law” as “represent[ing] some of the best from our legal community.” They have been called “very bright, hardworking and intense,” “brilliant, hard-working attorney[s] who have an impressive record,” attorneys “who have reached the heights of professional excellence,” and attorneys “of the highest standing in their profession.”

Our personal injury litigators have served on the faculty at law schools, are frequently invited speakers on personal injury and other legal issues at legal seminars, and regularly publish articles and book chapters on personal injury and other trial-related topics. We practice what we teach, and teach what we practice.

O’Neil, Cannon, Hollman, DeJong and Laing’s personal injury litigation team is headed by Dean P. Laing, who is uniquely qualified to represent injured persons because of his family background. Because Dean has two brothers with cerebral palsy, he understands what families go through in caring for loved ones with special needs, and is able to communicate that message to insurance companies, defense counsel, and juries.