State Bar of Wisconsin

2009 Wisconsin Act 28 defines state employee domestic partnerships and same sex domestic partnerships and governs relationships between partners. The Act affects many areas of the law, but its provisions are not comprehensive. This article lists many of the statutes the Act affects, identifies some of the many provisions governing the relationship between spouses that the Act does not directly affect, and addresses several situations in which couples can benefit from advance planning.

On July 23, 2009, Julaine Appling, the president of Wisconsin Family Action, and other members of the organization’s board filed a lawsuit with the Wisconsin Supreme Court seeking to have the court find the Domestic Partnership Registry a violation of the state constitution’s “marriage amendment.”

At a time of economic upheaval, reworking distribution systems may seem like a prudent idea. However, care must be taken to determine whether the Wisconsin Fair Dealership Law applies to the parties and to the proposed change. If the WFDL does apply on both counts, then the change must be essential, reasonable, and nondiscriminatory.

The relationship between client and lawyer is rooted in confidence and trust. It is the nature of this relationship that creates a lawyer’s fiduciary duty to clients.

In determining the enforceability of restrictive covenants in Star Direct, the Wisconsin Supreme Court’s holdings and approach appear to be inconsistent with the long-standing test and rules for making such determinations. The Star Direct court’s approach relaxes the hostility with which such anticompetitive provisions have traditionally been viewed by Wisconsin courts.

The Wisconsin Uniform Securities Act (WUSA), which became effective on Jan. 1, 2009, clarifies what is a security, modifies how securities professionals are regulated in Wisconsin, and significantly expands the Division of Securities’ enforcement powers. Attorneys representing Wisconsin-based businesses need to be aware of these and other key issues resulting from the adoption of the WUSA.

Every recession creates buying opportunities, such as acquiring a properly priced condominium project. Lawyers for prospective new owners of such projects can play key roles in reducing the buyer’s risk, increasing the project’s value, and setting the project on the right course economically. Here is a look at the significant legal issues.

The authors highlight what they believe are the most significant decisions issued by the Wisconsin Supreme Court during its 2008-09 term.

I have a solo practice, and I’ve been able to manage a few short vacations. But what should I do to keep my practice going if I have to be away for an extended time, either for a personal illness or for some other reason? Are there different ways to cover a planned versus an unplanned absence?