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    • Jul
      01
      2014
      • Given the large scale and rapid growth of frac sand mining operations in Wisconsin, some conflict between mines and their neighbors probably is unavoidable, but mine owners can promote good relationships by adhering to existing health and environmental laws and regulations.
    • Apr
      11
      2014
      • The State Bar of Wisconsin National Mock Trial planning team is calling on attorneys, judges and experienced teachers and coaches from around the state to step up to the bench and volunteer to serve on a judging panel during the 2014 National High School Mock Trial Championship on May 9 and 10 in Madison.
    • Dec
      10
      2013
      • Want to refine your courtroom skills and delivery? Looking at procedure and performance from a different perspective, like that of a judge, can be very helpful, and the State Bar of Wisconsin has a perfect opportunity to do just that. You can take the bench while volunteering as a judge at the National High School Mock Trial Championship in Madison from May 8 to 10.
    • Jun
      26
      2013
      • Assembly Bill 40 – more commonly referred to as the “budget bill” – passed through both legislative houses last week with only a few technical changes to the governor’s original proposal. Now the bill heads to Gov. Walker, so he can sign the bill into law.
    • Aug
      01
      2012
      • 2011 Wisconsin Act 167 changes the DNR’s permitting authority and requirements for navigable waterway permits. Effective Sept. 1, 2012, the new law eases requirements for private entities seeking to fill navigable waterways by shortening timelines, removing public participation requirements, and creating presumptive approvals. The changes have significant implications for the state’s administration of the public trust doctrine.
    • Sep
      30
      2011
      • Oct. 5, 2011 – Gov. Scott Walker called the Wisconsin Legislature into special session on Sept. 29 to consider a number of bills, including four tort reform measures. Learn what's in store for this special session.
    • Aug
      01
      2011
      • Damages in construction defect cases are generally measured by the cost to repair the defect. But in cases posing economic waste – in which a repair requires significant reconstruction or, despite a high cost, would not improve the property’s value – the measure is the decrease in property value caused by the defect. The inherent vagueness of the economic-waste doctrine often complicates determining which measure should be used in a given case.
    • Jul
      18
      2011
      • July 20, 2011 – A mining company is proposing to construct an open-pit iron mine in Northern Wisconsin but has asked the Legislature to rewrite the state's mining laws. The potential for future mining in Wisconsin means lawyers should prepare for the issues that could arise.
    • May
      01
      2011
      • Employers that hire independent contractors generally are not liable for injuries to the contractor's employees, unless the injury was caused by the hiring party's affirmative act of negligence or occurred while the employee was engaged in an extrahazardous activity. Tatera v. FMC Corp. makes clear that plaintiffs face high barriers to satisfying either of these prerequisites to recovery.
    • Oct
      06
      2009
      • 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.
    • Aug
      31
      2009
      • Aug. 31, 2009 – The Wisconsin Court of Appeals said vacant land reserved for development belongs to owners of finished condo units so that they pay the property taxes, not the developer. But a dissenting judge warns years may pass before first construction begins, leaving cities unable to collect taxes on the unimproved land.
    • Aug
      07
      2009
      • When the defects caused by cheap materials and poor construction methods threatened a low-income family’s home, health, and unity, attorney Kim Hurtado worked pro bono to find a legal resolution.
      • When the defects caused by cheap materials and poor construction methods threatened a low-income family’s home, health, and unity, attorney Kim Hurtado worked pro bono to find a legal resolution. Then she persuaded her staff and construction clients to donate labor and materials to restore the family’s home.
    • Jun
      10
      2009
      • "Going green" is an increasingly popular building protocol, with more governmental units offering tax or capital incentives to more developers in more municipalities. Lawyers well-versed in the green building protocol can help clients articulate their motivation for going green, identify the opportunities and benefits, and suggest creative solutions to minimize the significant risks inherent in green development.
    • May
      06
      2009
      • May 6, 2009 – Last year’s rampant flooding in Wisconsin pointed out a need that this program is designed to meet. Attend an afternoon of free training from 12:30 to 4:10 p.m. on May 21 in Madison to educate lawyers about common legal issues faced by victims of a natural disaster. Hear legal services professionals from the Federal Emergency Management Agency (FEMA), representatives from the Department of Agriculture, Trade and Consumer Protection, as well as private practitioners discuss how disasters af
    • Apr
      15
      2009
      • April 15, 2009 – The next time you plan to attend a State Bar seminar, you can add it to your electronic calendar when you register by using WisBar’s new “Add to My Calendar” feature. Once you have registered, click the “Add to My Calendar” hyperlink. You will receive an email notification of your event with instructions on how to save the event to your electronic calendar. The feature works for Outlook and Google users.
    • Apr
      15
      2009
      • Apirl 15, 2009 – Did you know that the State Bar of Wisconsin is the official record keeper for agencies that regulate the practice of law in Wisconsin? That means, when your State Bar member record is out of date or incorrect, it affects more than just the Bar. It could affect communications from the Wisconsin Office of Lawyer Regulation, Board of Bar Examiners, and Wisconsin Supreme Court.
    • Apr
      15
      2009
      • April 15, 2009 – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective ways to connect with paying clients more important than ever.
    • Apr
      15
      2009
      • April 15, 2009 – The State Bar Practice411™ Breakfast & Business: Eggs, Ethics and Answers series will be presented on April 22 in Platteville and June 17 in Pembine. Pembine program information is not yet available. Pembine is conveniently located about an hour and a half from Rhinelander, Green Bay, and Marinette, and about a half hour from Iron Mountain, Mich. Both seminars, presented in two sessions, will begin with a hot breakfast at 8:15 a.m. and conclude at 11:15 a.m.
    • Mar
      18
      2009
      • March 18, 2009, – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective resources to connect with paying clients more important than ever.
    • Mar
      05
      2009
      • Today’s parties to contracts and other readers who need to interpret these documents find archaic language to be unclear, wordy, and downright irritating, sometimes even sexist.
      • Some drafters continue to use archaic language in contracts, often with the belief that such “formal” language lends weight or credence to the document. But today’s parties to contracts and other readers who need to interpret these documents find archaic language to be unclear, wordy, and downright irritating, sometimes even sexist. Here are some ideas to bring your contracts into the 21st century. 
    • Mar
      05
      2009
      • Wisconsin now carefully defines marina condominiums and prohibits their development as a matter of public policy.
      • Wisconsin now carefully defines marina condominiums and prohibits their development as a matter of public policy.
    • Feb
      10
      2009
      • Recent appellate opinions have clarified Wisconsin’s open government laws as applied to economic development issues. By following the public records and open meetings laws, and by understanding when the very limited exceptions may apply, the public, local governments, and developers can all reap the benefits of economic development.
    • Oct
      08
      2008
      • Wisconsin’s Deceptive Trade Practices Act prohibits untrue, deceptive, or misleading representations in the sale of goods and services to the public. Although the law was enacted almost a century ago to target false print advertising, it effectively affords remedies for wrongful trade practices in the modern age. The Wisconsin Supreme Court has recently decided several important issues arising out of the Act’s application in the ever-changing business and consumer world.
    • Oct
      08
      2008
      • For many years, Daniel W. Hildebrand contributed to Wisconsin legal literature by annually describing those Wisconsin appellate decisions that he viewed to be most significant. Attorney Hildebrand passed away in late 2007; these authors, both former supreme court clerks, are attempting to pick up the Hildebrand torch.
    • Aug
      05
      2008
      • Generally speaking, the terms and provisions of the standardized commercial offer to purchase form create a contract with broad representations, limited contingencies, and unlimited remedies. Here are some of the issues parties should consider when using the commercial offer to purchase form.
    • Jun
      06
      2008
      • Large and complex construction claims cases often involve 20 or more parties, millions of dollars in claims, complicated factual and legal issues, intricate insurance coverage questions, a host of conflicting motivations and perspectives, and often occur while construction is ongoing. Here are some broad lessons learned from mediating complex multiparty cases.
    • Sep
      07
      2007
      • The U.S. Supreme Court decision in Kelo v. City of New London prompted several states, including Wisconsin, to pass legislation regulating how and when private property may be condemned for economic development. Here’s a look at the probable impact of Wisconsin’s new legislation on the use of eminent domain for private development projects.
    • May
      05
      2007
      • Contamination legal liability policies represent an important hedging option for environmental contamination risk that business lawyers should consider for their clients that face environmental risk situations. Learn about potential uses of these new insurance policies, legal pitfalls for unwary clients, and areas that lawyers should address in negotiations leading to the purchase of these products.
    • Aug
      30
      2006
      • New Wisconsin residential construction laws require consumers to afford contractors a right to cure construction defects before filing suit; fine-tune existing construction lien laws; and mandate licensing and continuing education requirements for residential contractors.