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May 01, 2006
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A New World for Medical Assistance Planning
The Deficit Reduction Act of 2005 makes significant changes to medical assistance (MA) planning, such that techniques lawyers commonly use to help clients obtain MA eligibility, while protecting assets, will no longer work. Wisconsin law is certain to change to conform to the Act, but when and how it will change is not yet known.
Protecting Business Interests With Covenants Not to Compete
A buyer of a business often will want to prevent the seller from competing with the buyer, and employers often want to prevent employees from using resources and information gained from the employer in competing against the employer. Read about the characteristics of each form of covenant, and learn how Wisconsin law affects the enforceability of such agreements.
Developer-Funded Tax Incremental Financing: Promoting Development Without Breaking the Bank
Developer-funded tax incremental financing eliminates a municipality's risk that the tax incremental district will fail and offers developers a means of increasing project costs paid by the municipality. Lawyers can help their developer and municipal clients identify when financial and development conditions are right to structure these.
Private Reprimand Summary
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Inside the Bar
horoughly researched, edited, and produced by a professional legal publishing staff, State Bar of Wisconsin CLE books offer members value, quality, and a choice of print and online delivery.
As the school and fiscal year wind down, it's time to take stock of our accomplishments, and then take a deep breath before building up for the next year by spending time with our most important "clients" - our families.
Securing Presettlement Living Expenses for Clients
Lawyers may help clients secure presettlement funds for living expenses during litigation but must adhere to supreme court rules to guard against conflicts of interest, breaches of confidentiality, and exposure of client information to discovery.
Looking for Info on Wisconsin Legislation
Grab a cup of coffee, boot up your computer, and connect to the Internet to visit these preferred and helpful Web sites, including the updated Wisconsin Legislature site.
Example of DRA changes to divestment penalties
The examples below examine how typical fact scenarios would have played out under the policies in effect before the Deficit Reduction Act of 2005 (DRA), and how they would work following the enactment of the DRA.
Working to Make Good Laws
Here's a brief look at some recent legislative positions taken by the State Bar or its sections that affect the practice of law and Wisconsin citizens. Issues before the Legislature ran the gamut from caps on noneconomic damages and limits on attorney fees to guardianship and criminal justice reform to updating the business entity statutes, lien procedures, and more.
A Brief History leading to the DRA
The Deficit Reduction Act of 2005 (DRA) is the most comprehensive change in the Medicaid laws since 1993. In 1993, with an aging U.S. population and rising nursing home costs, Congress passed the Omnibus Budget Reconciliation Act of 1993 (OBRA '93). OBRA '93 contained provisions that required states to try to recover the cost of Medicaid benefits paid, by passing new state laws mandating estate recovery and liens on homes.
Hints to Drafting Enforceable Covenants Not to Compete
The terms of a covenant not to compete in the employment context are critical to its enforceability. An excellent resource to help you become familiar with noncompete cases and covenant terms is chapter 15, "Post Employment Competition," in Wisconsin Employment Law, published by the State Bar of Wisconsin (3rd Edition, 2004). Follow these steps when drafting covenants not to compete in the employment context.
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