Amendments to Article 9 of the Uniform Commercial Code, which deals with security interests in most types of personal property and fixtures, took effect on July 1, 2013. The authors describe the types of property and transactions to which Article 9 applies, explain key terms, and provide tips to help you counsel your creditor and debtor clients.
March 6, 2013 – Investor abuse is at an all-time high, and the elderly are most at risk. In this video, attorney Jeff Salas discusses how financial abuse occurs, reveals the tell-tale signs of investment harm, and explains how investors can bring claims for harm caused by inappropriate investment sales.
Jan. 16, 2013 – When you visit WisBar.org next month, you'll experience far more than a fresh coat of paint applied to the website. On Monday, Feb. 4, the State Bar will launch a new WisBar, the first major redesign and technology overhaul since 2005.
Jan. 2, 2013 – Many websites allow individuals to post reviews about products and services. If those reviews are not true, businesses can sue, and these types of cases are on the rise. This article explains the recent developments in this area with insight from Milwaukee lawyer Donald Daugherty.
Many Wisconsin statutes make it possible for prevailing parties to recover attorney fees from the opposing side. Recent changes, however, presumptively cap reasonable attorney fees at not more than three times the damages awarded and list factors a court must assess when making the award. Here is a look at how courts may interpret and apply the law.
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.
Aug. 1, 2012 – The landscape of landlord-tenant rules is changing. A federal law is set to sunset in 2014, a state law has already sunset, and Gov. Walker signed 2011 Act 143. In this video, Delavan attorney Brian A. Schuk discusses changes that attorneys representing tenants and landlords need to know.
July 18, 2012 – Greenwashing describes vague unsubstantiated or misleading environmental marketing claims. In this video, David Gilles and Matthew Kemp discuss Wisconsin's standards for labeling recycled, recyclable, and degradable products and the requirements for substantiating the energy savings created by certain products.
June 6, 2012 – State Bar of Wisconsin PINNACLE® ; has just released the 2012 edition of The Wisconsin Fair Dealership Law, the definitive text on a uniquely Wisconsin statute. Every manufacturer or seller of products or services doing business in Wisconsin does so in the shadow of the Fair Dealership Law; any business – or business attorney – who fails to consider the reach of that law does so at his or her or its own peril.
In the ADAAA, Congress amended federal disability-discrimination law to restore a breadth of coverage under the ADA. Federal courts have since made initial findings of disability in a broad spectrum of discrimination cases in which they once would have refused to do so. Here is a look at the key changes.
Persons who violate DATCP orders regulating methods of business competition and trade practices, face stiff civil penalties under Wis. Stat. section 100.20(5), including twice the amount of any pecuniary loss. Determining what is a pecuniary loss is critical.
Feb. 1, 2012 – To start off 2012 on the right foot, now is a good time to advise business clients on a law concerning renewal and extension provisions in business contracts. In this article, Madison attorney Barbara Zabawa explains the law and who it impacts.
Lawyers need to understand the effects of the 2010 Health-care Reform Law as they seek health-care coverage for themselves, their families, and their employees, and as they counsel their business clients.
The statutes concerning automobile insurance have seesawed during the past few years. A new law, effective Nov. 1, creates more restrictions to recovery. To competently represent car owners and anyone who could be injured in an accident, attorneys need to understand the new law.
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. 3, 2011 – The State Bar has released the 17th edition of its consumer publication What You Should Know About Wisconsin Law: Your Legal Rights and Responsibilities, formerly titled On Being Eighteen: Your Legal Rights and Responsibilities. The 40-page booklet informs Wisconsin citizens of their legal rights and responsibilities, and helps them recognize and avoid possible problems.
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.
Wisconsin’s products liability law has undergone a sea change. Changes to Wis. Stat. chapter 895 adopt a new test of defectiveness, leaving behind the analysis of consumer expectations in strict liability claims and substituting the reasonable-alternative-design standard. Plaintiffs now must meet more stringent requirements to recover for an injury caused by defective products.
June 15, 2011 – The District I Wisconsin Court of Appeals has clarified the law around the application of Wisconsin's Uniform Commercial Code and implied warranties in Estate of Brianna Kriefall v. Sizzler USA Franchise et. al. This is one of a series of cases brought as a result of an outbreak of E. coli bacteria at several Sizzler restaurants in the Milwaukee area in 2000.
July 6, 2011 – Love it or hate it, the U.S. Supreme Court's recent decision in AT&T Mobility LLC v. Concepcion will dramatically affect class action litigation in Wisconsin and across the country. Attorney Michael Leffel explains the Court resolved an important circuit split and held that the Federal Arbitration Act preempts certain state laws and court rulings that have been used to invalidate class action waivers in arbitration agreements.
July 20, 2011 – To recover from an injury caused by a defective product, plaintiffs now must prove a manufacturer rejected a reasonable alternative design that would have reduced the foreseeable danger. In this video, Jessica Ozalp explains that this new test of defectiveness is among the biggest changes to Wisconsin's products liability law.