Recent Blog Postings

Are waivers your clients using worth anything more than the paper it is printed on? Erik Monson discusses liability waivers in Wisconsin, and offers advice on drafting an enforceable liability waiver.

A new private minor guardianship law takes effect Aug. 1, 2020. In this second part of a two-part series, Courtney Roelandts provides tips and suggestions on how to prepare for a smooth transition.

Mediating by video conference is not as straightforward as in-person sessions. Lisa Derr and retired Judge Charles Kahn share their perspectives on how they have adapted to technology in the era of social distancing including accessibility, neutrality, and confidentiality.

Almost all Wisconsin workers are entitled to worker’s compensation benefits when they are injured at work and their injury requires medical treatment, including undocumented workers. Aaron Halstead discusses the benefits available to undocumented workers in Wisconsin.

With the ongoing economic impact of the COVID-19 pandemic, construction lien rights have become more vital than ever to businesses in the construction industry. Steven Slawinski provides a refresher course on the basics of construction liens on privately owned construction projects in Wisconsin.

What happens when the opposing party in a divorce action evades a Summons and Petition or simply cannot be located? Lauren Otte discusses the required steps to secure service and personal jurisdiction in these circumstances.

The U.S. Supreme Court has now weighed in on sexual-orientation and gender-identity discrimination and protections in Title VII of the Civil Rights Act of 1964. Erin Strohbehn and Max T. Stephenson discuss the recent decision in Bostock v. Clayton County, Georgia.

As businesses re-open, some of the questions employers have involve what type of screening they may or should conduct for employees returning to work.

Attorneys at Ruder Ware recently posted a blog article, providing updates on the Small Business Administration (SBA) Paycheck Protection Program (PPP).

With the rise in residential and commercial development in rural areas, rural property owners may face an unplanned expense – building or repairing a fence. Jason Brasch explains what to know about Wisconsin’s fence laws.

A new private minor guardianship law takes effect Aug. 1, 2020. In this first of a two-part series on the new Wis. Stat. chapter 48, Beth Lauck provides a background of private minor guardianships and an overview of the changes under the new law.

A federal bankruptcy court in Illinois, in a case of first impression, held that a contract’s force majeure clause was “unambiguously triggered” when the state’s governor issued an executive order closing restaurants because of COVID-19.

Owners of corporations and limited liability companies can have statutory and contractual obligations to indemnify officers, directors, managers, and members for legal fees incurred in defending litigation. Ryan M. Billings discusses equity holders’ exposure to legal fees when a company brings suit against its former officers, directors, managers, or members.

The federal and state responses to COVID-19 significantly changed the rules governing health care providers. Heather Mogden, et. al., outline six pitfalls and practical takeaways for health care clients to avoid them.

What happens when a subcontractor suffers an economic loss due to another subcontractor? Roy E. Wagner and Lauren Triebenbach discuss a recent court of appeals decision that says the economic loss doctrine bars negligence claims for solely economic lossessustained by one subcontractor as a result of another.

Businesses helped by Paycheck Protection Program (PPP) loans now have more options in utilizing the funds – including an extended time period for spending the loans under the recently-passed Paycheck Protection Program Flexibility Act of 2020.

Law firms, like all employers, have been inundated with advice and guidance for reopening their workplaces in the wake of the COVID quarantine. Jane Clark, Sheila Conroy, and Hannah Renfro provide guidance on reopening your office in a manner thatprotects your employees and clients, as well as your bottom line.

With Wisconsin schools closed due to the pandemic, uncertainty remains for what will happen in the fall. Andrew Morgan discusses the differences among charter and virtual charter schools and home schooling in Wisconsin.

During the COVID-19 crisis, it is critical that Wisconsin employers understand their obligations under the Wisconsin Business Closing and Mass Layoff Law. Thomas J. Nichols and Graham C. Garland discuss these obligations for employers.

After being prohibited for decades, hemp plants can now be grown by Wisconsin farmers. Colleen Martine discusses the plant and its regulatory history, and offers advice for attorneys with clients who grow hemp.

As the state opens up from stay-at-home orders, Wisconsin employers prepare for an increase in claims from pandemic job losses. Keith Kopplin and Christina Wabiszewski highlight five key differences in Wisconsin and federal employment laws that employers should know to reduce liability.

The new Paycheck Protection Program loans are meant to encourage small businesses to keep their workers employed through the COVID-19 crisis. Here’s some new guidance on loan forgiveness.

Consumers can get free, weekly, credit reports, not just one free report per year, according to this post from Ray Dall’Osto and Chris Hayden of GRGB Law in Milwaukee.

It’s a question attorneys and their landlord clients have been asking, recently. Jennifer Hayden of Petrie + Petrie S.C. in Milwaukee provides an answer in a recent blog post.

Court appearances via Zoom, live U.S. Supreme Court hearings, and improvements in court procedures. Gregg Herman discusses a few of the good things to come out of the coronavirus pandemic.

How do business and organizational managers manage a remote workforce? In this article, Melodie Wiseman – who has managed remote workers for nearly a decade, provides tips.

The recently-enacted CARES Act made several amendments to the law governing the confidentiality protections afforded to substance use disorder records. Stephane Fabus discusses the top 10 changes and offers advice on how providers should prepare before the changes become effective in 2021.

From voir dire to depositions, lawyers make statements and ask questions in the litigation process knowing that they are improper, under the guise of “zealous advocacy.” The profession would benefit from putting an end to this practice, says Tom Donnelly.

The U.S. Environmental Protection Agency recently announced its intention to exercise civil enforcement discretion when regulated entities fail to meet legal requirements due to the coronavirus pandemic. Vanessa Wishart and Andrea Gelatt discuss thememorandum and its implications for regulated entities and the environment.

Policymakers are focusing attention on restarting the U.S. economy. In an article from Aaron McCann, Christine Liu McLaughlin, and Sara Schenck at Godfrey & Kahn S.C., the authors provide a basic roadmap to help employers navigate workplace safety.

Carefully crafted, an integration clause with non-reliance and tort disclaimer language may avoid common law and statutory misrepresentation claims. Scott J. Thomsen discusses a recent Wisconsin Supreme Court decision and highlights how current standard form construction contract language may not sufficiently protect the contracting parties.

Among the new rules implemented by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) are Economic Impact Payments (EIP) and changes in retirement distributions and withdrawals. Tiffany Highstrom discusses what attorneys should know about the CARES Act and offers advice on guiding clients through this uncertain time.

Is COVID-19 return-to-work testing of employees lawful? Bryan Symes of Weld Riley S.C. in Eau Claire explores the topic.

This article from Godfrey & Kahn S.C. provides an overview of certain key questions the Small Business Administration (SBA) has answered regarding loan forgiveness, along with a number of unanswered questions that will hopefully address in future guidance.

In the age of COVID-19, law school graduates are facing postponed bar exams. What would diploma privilege look like outside Wisconsin? Ann Heaps discusses the issue from the point of view of an attorney who took the exam to become a Wisconsin lawyer.

Jennifer Hayden of Petrie + Pettit S.C. in Milwaukee answers questions concerning the eviction moratorium under the CARES Act.

Questions concerning leave requested under the Families First Coronavirus Response Act to care for children? Bryan Symes and Mindy Dale of Weld Riley S.C. in Eau Claire provide some answers.

What does it mean to reasonably investigate factual claims before filing, under Federal rules and state statute? Jonathan Cook discusses the issue and case law, providing key takeaways for Wisconsin attorneys practicing civil litigation.

In this COVID-19, social-distancing world, judges are more than ever before holding criminal court via video. Michael Yang discusses what to consider when your client is scheduled for a video hearing.

Due to the circumstances caused by COVID-19, many experts fear that child abuse will increase. In the State Bar of Wisconsin Children & the Law Section Blog, Abigail Hean discusses the issue.

School closures, social isolation, economic uncertainty, and resource limitations create a dangerous environment for children at risk of abuse and neglect. Recognizing Child Abuse and Neglect Prevention Month, Abigail Hean discusses the issue, and encourages communities to stay diligent.

In his recent blog post, “Eligibility for PUA Benefits,” Wisconsin unemployment attorney Victor Forberger notes that the DWD will begin accepting PUA claims the week of April 21.

The U.S. Department of Education recently changed its standards on what qualifies as a “public service organization” under the Public Service Loan Forgiveness Program. Bradley Yanke talks about the decision – prompted by a 2016 lawsuit – and what it meanss for public interest lawyers.

The University of Notre Dame Journal on Emerging Technologies published Overcoming Legal and Institutional Barriers to the Implementation of Innovative Environmental Technologies, an article that addresses challenges to effective stormwater management. David Strifling, one of the article’s authors, provides an excerpt of the article.

As the health care industry grapples with the rapid spread of the COVID-19 pandemic, interruptions from the industry’s key suppliers are inevitable. Peggy Barlett discusses certain considerations that the industry should be proactively thinking about as the interruptions in the supply chains impact daily operations and patient care within the industry.

Find more information about how COVID-19 impacts the practice of business law in Wisconsin, from these articles in the Wisconsin Business Law Blog.

In this article, Elizabeth Miles and Anne O'Meara of Davis & Kuelthau S.C. provide best practices for protecting the attorney-client privilege when working remotely.

The State Bar hosted a free virtual town hall meeting April 9 to address financial relief for law firms. Find out more about the loans available via the Paycheck Protection Program (PPP) and the Coronavirus, Aid, Relief and Economic Security (CARES) Act.

Danielle Johnson of Neider & Boucher S.C. answers question about financial relief for businesses (that includes law firms) and other bunisness issues in a recent power point.

Christopher Strohbehn of Gimbel, Reilly, Guerin and Brown LLP explains what should a business owner consider if they are not able to operate their business in their leased space.

With a virtual shutdown in Wisconsin courts due to concerns over the spread of coronavirus (COVID-19), people are left to wonder what this will mean in their pending family law cases.

Missouri’s legal history includes slaves’ struggle for freedom and women’s fight for the right to vote. Learn more about the Old Courthouse and other sites for legal tourism as Emily Kelchen talks about the history she learned during a recent visit to St. Louis.

The practice of family law in Wisconsin has changed drastically in the past month. Margaret Hickey gives a few tips on dealing with these changes, and where to find resources to help you manage your practice.

In law practice, there are two distinct uses of videoconferencing: one involves court appearances, and the other involves conferences with clients and colleagues. These two distinct uses of videoconferencing require different ethical considerations.

Writing for the State Bar of Wisconsin Public Interest Law Blog, Liz Groeschel discusses details of the Coronavirus Aid, Relief, and Economic Security (CARES) Act that impact federal student loan borrowers.

Wis. Admin. Code § NR 2.20 is not a new rule, and its validity has been challenged before. U.W. law student Hannah S. Richerson discusses why the issue bears repeating.

The State Bar of Wisconsin Real Property, Probate and Trust (RPPT) Section has developed a list of execution requirements for estate planning and other documents to be valid in Wisconsin, a quick guide for lawyers to access.

What’s the difference between a layoff, a furlough, or a termination? Neider & Boucher S.C. has developed a chart with a quick comparison, as well as what it means for employers navigating employment legal issues during the pandemic.

The current COVID-19 pandemic impacts everyone and everything, including federal student loans. LizGroeschel details Section 3513 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which provides temporary relief for federal student loan borrowers.

To weather the indefinite storm of COVID-19, commercial construction contractors should consider internal and external preparedness best practices. Nathan Jurowski examines best practices for contractors to protect their employees, prepare for business interruption, and negotiate with clients in the face of supply chain disruption, suspension of work, and excusable delays.

In her article, Erica Reib at O’Neil, Cannon, Hollman, DeJong & Laing S.C. notes that temporary rules on the Families First Coronavirus Response Act clarify additional matters.

In his article, Shawn Govern of Dewitt LLP gives quick tips on eligibility for CARES Act business loan programs and provides links.

The Wisconsin Supreme Court has extended an order impacting appellate court operations and deadlines for appellate cases in Wisconsin.

What are the evolving issues for health care providers around the Emergency Medical Treatment and Labor Act (EMTALA) and the spread of COVID-19? Katherine A. Kuchan, et. al., discuss the issues and offer practical takeaways on COVID-19 and EMTALA.

In this article, Terri Boxer and Thomas Moniz of von Briesen & Roper S.C. explain retirement tax planning considerations in light of the CARES Act.

In his article, Jeremy Klang of Schober, Schober & Mitchell S.C. summarizes the basic points a small business loan program under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

In her recent article, Kristen Nelson of Gimbel, Reilly, Guerin & Brown LLP discusses how out-of-state licensed health care providers can now provide services in Wisconsin.

Jenn Bizzotto’s FAQ on unemployment during the COVID-19 pandemic may help you find answers to your clients’ unemployment questions.

Patrick J. Maxwell and Melissa McCord discuss considerations for small businesses looking into the loans that are part of the Coronavirus Aid, Recovery, and Economic Security Act (CARES Act).

David McCormack of Axley Brynelson discusses new guidance from the Cybersecurity and Infrastructure Security Agency adding landscapers to the list of essential workers.

Victor Forberger provides a summary of the unemployment provisions in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

What are the business tax benefits of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)? Attorneys with von Briesen & Roper discuss some of the details in the Act, signed into law on March 27, 2020.

Are you facing incredibly difficult staffing decisions because of the coronavirus pandemic? Scott Paler shares some early lessons learned thus far in human resources during this coronavirus crisis.

In addition to federal inflation-adjusted numbers for the coming year, we also have a state number to look for. Philip J. Miller and David Fenlon discuss how to use the current numbers to determine the amount in relation to terminating an uneconomic trust under Wis. Stat. chapter 701.

Lynn Lodahl of Hawks Quindel S.C. notes that many divorced and separated parents in Wisconsin are wondering how this affects their custody and placement orders.

The Department of Labor will observe a temporary period of non-enforcement of the FFCRA until April 17, 2020, to allow employers to come into compliance with the new law.

Businesses concerned about meeting their contractual obligations due to the coronavirus should review their contracts to determine their options, write Greg Lyons and Margarita Castaneda.

While virtually every business contract has an implied covenant of good faith and fair dealing, now is the time to review your contracts’ force majeure clauses. Find out more about the issues and what to look for.

The present circumstances with coronavirus has temporarily put defense attorneys and clients in an unprecedented situation of needing to conduct all hearings via telephone or video. Check out this discussion of the issues surrounding video court from MikeTobin, retired deputy state public defender.

While injury rates in distribution centers are reported higher than those in almost every industry sector in the country, the nature of many distribution center injuries makes it difficult to file workers’ compensation claims. Matthew C. Lein provides an overview of this growing problem and the issues that apply.

The State Bar’s new Coronavirus & the Law elist provides an open forum for members to discuss the evolving issues related to coronavirus and COVID-19 and its impact on the practice of law in Wisconsin and elsewhere. Learn how to join.

The Wisconsin Department of Workforce Development issued a scope statement for an emergency rule that will temporarily relax unemployment insurance benefit eligibility requirements for claimants during the COVID-19 pandemic.

Russell Karnes of Gimbel, Reilly, Guerin & Brown LLP discusses how Wisconsin's "Safe at Home" order, as well as court orders, impact landlords and tenants, noting the halt of eviction proceedings.

Robert Proctor and Gregory Collins of Axley Brynelson LLP explain the exceptions to Wisconsin's Safer at Home order, including an exception for essential business and operations and essential infrastructure.

An emergency rule now allows documents to be notarized remotely online but it does not apply to estate planning and other types of documents, such as wills and trusts.

Bridget M. Hubing of Reinhart Boerner Van Deuren S.C. discusses the risks associated with remote online notarizations and the alternatives.

In this article, Melodie Wiseman provides practical tips for lawyers who are now working from home, including setting clear intentions, avoiding distractions, and staying connected.

The blog for Wisconsin State Public Defenders, On Point, is hosting a growing list of resources to assist Wisconsin’s defense lawyers during the coronavirus pandemic.

Do you or your business clients have questions on the recent developments with the coronavirus pandemic? Find a summary of updates from the attorneys at Kramer, Elkins & Watt, LLC, Madison.

Confused about filing for unemployment benefits during the coronavirus pandemic? Victor Forberger reviews the process step by step.

The Families First Coronavirus Response Act (FFCRA) is expected to be one of the first of several coronavirus-related pieces of legislation to address the virus’s public health and economic impacts. Learn more about its provisions.

Attorneys can obtain up to 30 CLE credits "on-demand" under a temporary order, providing more stay-at-home options amidst the coronavirus pandemic.

The recent outbreak of COVID-19 has forced lawyers into the unusual territory of either working remotely in their homes. Here are some basic tips you can use to protect your clients and your firm while working remotely.

During this time of pandemic, businesses should five steps to better their position with regard to their existing insurance policies.

Now is the time to plan – and act – for what will come at the end of the coronavirus outbreak. With project delays inevitable in the era of COVID-19, James Dash offers advice on what you can do now to avoid future lawsuits and to advance your business interests

Gov. Tony Evers on March 18 issued Emergency Order #7, Order to the Department of Workforce Development Regarding Unemployment Insurance. Find out more about it in the Wisconsin Unemployment Law blog.

What do you tell your clients about handling business in the age of social distancing? Jeffrey Glazer discusses the basics of social distancing for his clients in breweries, wineries, and distilleries.

The Wisconsin Economic Development Corporation (WEDC) is creating a program to provide grants to targeted Wisconsin businesses. This $5 million grant program will assist “smallest of the small” businesses around state.

With just about every lawyer in the country is going to be working from home for the foreseeable future, Stacie Rosenzweig gives her thoughts on complying with the Rules of Professional Conduct while dealing with all the issues of a pandemic.

In this time of the coronavirus and COVID-19, clients are looking to attorneys for guidance on preparing and responding to this emergency. Nilesh Patel provides tips and guidance for attorneys to discuss with their clients.

Effective April 2, the Families First Coronavirus Response Act (FFCRA) imposes some significant new obligations on employers with fewer than 500 employees. What follows is a detailed description of the employer-leave obligations that will be required by the FFCRA.

Now is the time to plan – and act – for what will come at the end of the coronavirus outbreak. With project delays inevitable in the era of COVID-19, James Dash offers advice on what you can do now to avoid future lawsuits and to advance your business interests.

The State Bar of Wisconsin’s new Coronavirus & the Law Blog is a repository of articles from attorneys that address the legal impact of the coronavirus pandemic and its impact on the practice of law in Wisconsin and elsewhere. Visit often – the page will be updated frequently.

In this time of the coronavirus and COVID-19, clients are looking to attorneys for guidance on preparing and responding to this emergency. Nilesh Patel provides tips and guidance for attorneys to discuss with their clients.

Supported decision-making agreements provide a means for individuals with functional impairments to maintain their self-determination when making decisions. Leah Ruedinger breaks down the scope of a supported decision-making agreement and discusses the role of the supporter in assisting individuals with functional impairments.

Signed into law in December, the Setting Every Community Up for Retirement Enhancement Act, or SECURE Act, changes many requirements for employer-provided retirement plans, IRAs, and other tax-favored savings accounts. Britany Morrison discusses the tax implications of a few key provisions in the Act, which are now in effect.

Now 20 years old, Wisconsin’s Uniform Electronic Transactions Act (UETA) governs the legality of electronic record storage and electronic signatures. Jamie Lumsden discusses the perceived ambiguities present in the law and cases from other jurisdictions where e-signature issues have arisen.

The State Bar of Wisconsin Board of Governors recently adopted a policy, recommended by the Children and the Law Section, against the indiscriminate shackling of children in court. Eileen Fredericks outlines the need for the policy, and discusses where in Wisconsin this policy is now in action.

Marital settlement agreements requiring college expense coverage for children can prompt disputes years after the divorce. David Kowalski discusses basic law on parental obligations for adult children, and suggests language to clearly define all parties’ obligations for parents jointly assuming this obligation.

With cold and flu season in full swing and increasing reports of coronavirus, what are an employer’s obligations? Erica Reib provides tips for employers to consider when planning for an emergency.

A recent U.S. District Court decision addresses time limits and other issues on harvester’s liens under Wis. Stat. section 779.50. J. David Krekeler discusses the case and the decision, and what it may mean for Wisconsin custom harvesters.

With the recent move of 3D construction printing out of the research labs and onto construction jobsites, there is a disconnect between the available technology and construction law. Bryan Kroes discusses the future of 3D printing and construction law.

Caucusing in mediation is useful way to exchange information and provide a safe place to reality check, brainstorm, and examine feelings. Cathy A. Warmington discusses the ins and outs of caucusing in mediation.

The Wisconsin Supreme Court’s recent decision in Marx v. Morris raises a number of questions surrounding limited liability companies. In this second of two articles, Drew Parrish and Robb Leach explore more questions in the wake of the Marx decision.

In Marx v. Morris, the Wisconsin Supreme Court handed down one of the more notable Wisconsin business decisions in recent years. In this first of two articles, Drew Parrish and Robb Leach explore their top questions in the wake of the Marx decision.

The state Legislature is currently weighing several water quality proposals that would affect the processes for establishing certain types of water quality standards in Wisconsin. Leslie Freehill explores the details of three of these proposals.

The decision in Ponfils Trust is a cautionary tale about according mediation agreements their due. James Mathie points out that preparing for agreements ahead of time can be the key to getting them right at the end of a long mediation.

With rising health plan costs, employers are seeking alternatives to the traditional provider networks, such as reference-based pricing. Angela Rust explores this health care payment model – and offers advice for health law attorneys with clients exploring reference-based pricing.

As litigators, we have experienced the good, the bad, and the ugly at depositions. Barbara O’Brien offers a few suggestions for a good deposition from our own Wisconsin litigators.

The U.S. Citizenship and Immigration Services has established a new mandatory internet-based electronic registration and lottery process for employers seeking to file H-1B petitions. Benjamin Kurten outlines the process, which starts March 1.

In a small tavern in Michigan's Upper Peninsula, you can find an outline of a body on the floor and a special gun kept by the tavern's owners for public viewing. Anne Ertel Sawasky takes a tour of the filming locations for the award-winning 1959 film, Anatomy of a Murder, starring Jimmy Stewart.

Many U.S. companies may be unaware of the cost savings and other benefits from taking advantage of foreign trade zone programs. Ngosong Fonkem discusses how the programs can be an effective strategy for companies seeking to adapt to ever-changing trade environment.

If your student loans are forgiven as part of the Public Service Loan Forgiveness (PSLF) program, are they taxed? Amy Devine discusses the tax implications of student loans and forgiveness programs.

A newly passed Wisconsin bill creates a new presumption of paternity in Wisconsin through genetic testing. Donna Ginzl discusses the details of Senate Bill 158 and how it changes paternity determination in the state.

Wisconsin’s Right-to-Farm law is back in the spotlight with the first proposed changes since the 1990s. Cathleen Dettmann discusses the history of the law and the status of the proposed changes.

Even with a recent U.S. Supreme Court victory, Epic Systems Corporation could still be paying hefty damages for misclassifying employees as exempt from overtime – and Epic is not alone. Jennifer Mirus and Brian Goodman discuss properly classifying employees as exempt from overtime in the context of recent rulings.

The U.S. Supreme Court may soon make a determination on whether sexual-orientation and gender-identity discrimination is a discrimination based on sex. Erin Strohbehn and Max T. Stephenson discuss the cases before the Court that address protections in Title VII of the Civil Rights Act of 1964.

Amidst the Art Museum, the Liberty Bell, and Independence Hall in Philadelphia is a museum dedicated to medical oddities. Not for the squeamish, the Mütter Museum is your chance to see a little bit of Chief Justice John Marshall, who lived 1755-1835. Emily Kelchen talks about her experience as a legal tourist in the City of Brotherly Love.

Three cases currently before the U.S. Supreme Court address whether the federal government is required to pay health insurers money under the risk corridors statute. Richelle Ladwig reviews the cases and its implications. “At stake is whether the government can be a trusted business partner for private entities,” she writes.

Attorneys seeking to use the Public Service Loan Forgiveness program must comply with certain requirements to have their student loans forgiven. In this Tip of the Month, Amanda Rabe discusses qualifying payments.

The Wisconsin Department of Natural Resources recently outlined its future priorities – including addressing clean drinking water in the state through rulemaking processes and analysis of emergent contaminants. Adam Voskuil outlines these priorities, as presented at a recent Environmental Law Update at the State Bar of Wisconsin.

At this time of year, ag attorneys should facilitate year-end business valuation discussions with their farm clients. Christine Rasmussen discusses the importance of setting entity values in the farm context.

Over the last few years, noncompete agreements have been popping up in contexts where they are not permissible. Marianne Goldstein Robbins and Joe Sexauer discuss the specifics of noncompete agreements in Wisconsin and federal law, and how to address their overuse.

In this Tip of the Month, Jacob Haller discusses how knowing and applying the research behind childhood maltreatment and its impacts can result in better advocacy for our clients.

The legal community can strengthen families by providing, training, and supporting attorneys for parents involved in the child welfare system, says Alaina Fahley, who discusses what high quality parent representation would look like in Wisconsin.

Family lawyers trained to identify the effects of childhood trauma and compassion fatigue can better serve their clients. Lauren Otte discusses identifying and addressing the trauma experience of children and parents to mitigate the potential damage during custody and placement disputes.

The Nonresident Lawyers Division (NRLD) helps members stay connected to Wisconsin and with each other. Renae Flowers lists a few more of the benefits of being a member of the State Bar of Wisconsin Nonresident Lawyers Division.

With the current trade war, companies should implement proactive strategies to tackle challenges that impact their global supply chain. Ngosong Fonkem discusses the Miscellaneous Tariff Bill process and how it can be an effective proactive strategy. Act quickly – the deadline to apply is Dec. 10.

In a recent ruling, the Wisconsin Supreme Court weighed in on the rights and obligations of members in a limited liability company. Willie Boucher discusses the ruling and its potential impact for LLCs in Wisconsin.

The Seventh Circuit Court of Appeals recently ruled that extreme obesity, by itself and alone, does not constitute a disability under the Americans with Disabilities Act. Dean Dietrich discusses the issue, saying that employers must be careful about perceiving an individual who is extremely obese from being considered impaired or in some way unable to perform assigned duties.

How would you rate Milwaukee’s record on becoming a water hub? Alan Borsuk discusses the progress of a 10-year-old idea that Milwaukee should become a world leader in water expertise. “One important aspect of that: Growth in water-related jobs and businesses has not been what was anticipated,” he writes.

Health care entities have faced uncertainty when conforming physician compensation arrangements to federal requirements involving fair market value, commercial reasonableness, and potential tie-ins to physician referrals. Madeline Schmid and David Edquist review new rules proposed by the Centers for Medicare & Medicaid Services that offer clarity, and relief, on these issues.

Commentary from the Wisconsin Supreme Court in a recent case brings attention to pleading standards in Wisconsin. Sarah Zylstra discusses the recent comments that were issued in a per curiam decision in Cattau v. National Insurance Services of Wisconsin, Inc. “The comments indicate that a plaintiff must plead facts that satisfy each element of a cause of action in order to survive a motion to dismiss,” she writes.

Environmental issues that arise during construction projects can bring your clients projects to a halt. Sean Frye give tips on preparing and responding when the unexpected arises so your clients can keep their projects on track. “Knowing how to respond and being proactive saves the client time and money and keeps the project on track,” he writes.

Borrowers working toward Public Service Loan Forgiveness should do all they can to ensure that they are on track for loan forgiveness. In this Tip of the Month, Susan Lund gives tips about when to submit the Employment Certification Form. “All borrowersshould also remember to diligently document and independently verify as much information from loan servicers as possible,” she writes.

As farmers grapple with international competition, natural disasters, trade wars, and other challenges, they need legal guidance to successfully navigate the many changes to immigration laws and policies that affect them and their workers. Matthew Beier discusses the intersection of farm labor and immigration policies, and the rise in need for legal assistance for immigrants. “If farmers are no longer able to find enough workers, agricultural output could decrease by up to $60 billion,” he writes.

Whether you are assisting or defending against an inmate’s civil rights claims against corrections staff, know that the case may sink if the inmate has not exhausted administrative remedies. Nelson Phillips discusses the issue and relevant case law.

Exposure to domestic violence can have serious health effects for children, according to recent scientific studies. Tiffany Highstrom gives a broad overview of these studies on the link between early childhood exposure to intimate partner violence (IPV) and children’s physical and health risks. “While exposure to IPV leaves no actual bruises, it has real effects on the health of the child. Research suggests that intervention can be effective in mitigating those effects,” she writes.

In this six-part series, Jacques Condon takes a look at the concept and reality of standards of review in appeals. In this sixth and final part, he discusses the appellate review through the courts. “Justice,” he says “takes on the eye of the beholder.”

In this six-part series, Jacques Condon takes a look at the concept and reality of standards of review in appeals. In this fifth part, he contemplates how the intersections of different standards of review may come into play in the case involving the horse disqualified from a first-place finish at the 2019 Kentucky Derby. “Can a decision to disqualify truly be unappealable?” he asks.

In this six-part series, Jacques Condon takes a look at the concept and reality of standards of review in appeals. In this fourth part, he dissects a few thorny considerations and advises a cautionary approach to review. “Many issues require proceeding with caution in defining the applicable reviewing standard,” he writes.

In this six-part series, Jacques Condon takes a look at the concept and reality of standards of review in appeals. In this third part, he discusses additional standards of review and policy considerations involved in appellate issues and cases. “There are multiple standards, policies, and terminologies to consider,” he writes.

In this six-part series, Jacques Condon takes a look at the concept and reality of standards of review in appeals. In this second part, he explores the nuances of a de novo review. “To understand the concept of ‘de novo’ requires some back-tracking,” he writes.

In this six-part series, Jacques Condon takes a look at the concept and reality of standards of review in appeals. In this first part, he sets up the situation, based on the dethroning of 2019 Kentucky Derby first-place finisher, Maximum Security. “As the actual rule – and standard of review – will be front and center,” he writes.

Farmers understand long-term investment in community, and in choosing a lawyer they can trust, they may evaluate how invested a lawyer is in their community. Kate Knowlton offers tips to strengthen long-term relationships in a local rural community and tobuild mutually beneficial and lasting partnerships with family farmers. “By understanding and participating in the local community, lawyers can establish confidence in farmers to seek legal advice,” she writes.

A new Department of Homeland Security rule is causing many immigrant families to be fearful about using public benefits they qualify for. Megan Sprecher discusses the rule and its impact in the Tip of the Month.

Children are different from adults, and should be treated differently within the justice system, says law student Nicole Beitzinger, who explores considerations and recent case law on teens sentenced to life without parole.

Many countries around the world are taking important steps toward safeguarding their senior population through laws, policies, and programs. Law student Jamie Lumsden provides an overview of programs for seniors in Germany, Japan, and South Africa.

National Labor Relations Board recently announced a new and easier framework for employers to withdraw recognition of a union representing its workforce. Kevin Terry discusses the case of Johnson Controls, Inc., and its anticipated effect.

The Wisconsin Legislature recently enacted legislation that could impact the ability of the attorney general to enter into and execute agreements involving contamination from PFAS, a substance that does not easily break down. Rob Lee discusses PFAS contamination and the impact of legislation in Wisconsin.

Adversarial, collaborative, cooperative, or mediation? Choosing the method in family law matters depends on your client’s situation. Margaret Hickey discusses what to consider when selecting an approach to resolving family law cases.

The EPA recently published a proposed rule to end the longstanding “once in, always in” requirement for sources subject to the most stringent hazardous air pollutants standards. James Bridges discusses the history of the policy, as well as what the future may hold for federal air toxics regulation.

As a public interest attorney, you may have low-income clients not taking public benefits they are eligible for. When that happens, says Erica Lopez, it is critical to the clients to find out why.

Mediation may seem like a traffic jam, but with the right mediation tools situations can successfully merge into a solution. James Mathie lists a few ways lawyers can set up a mediation for success.

Recently signed into law, the Family Farmer Relief Act more than doubles the debt limit for family farmers seeking Chapter 12 bankruptcy relief. J. David Krekeler discusses the impact the Act may have, and why action is needed to assist family farmers.

Gov. Tony Evers introduced a state budget that included significant public construction investment and the rollback of labor reforms. John Schulze discusses the proposed budget and its path through the Wisconsin Legislature.

Throw away your assumptions. Matthew Lynch, a former private practitioner who recently switched to government work, offers a few tips on communicating with government regulator

The IRS recently sent letters to more than 10,000 taxpayers received regarding taxes on virtual currency transactions. Kelly Kuglitsch and Britany Morrison discuss the letters and what it means for the recipients.

The Circuit Courts of Appeal are split on whether the Clean Water Act regulates pollutants that travel through groundwater before reaching navigable waters. Ameya Gehi delves into key case law and examine both the historical and future impact of this spli

When should post-filing debts be considered when establishing a balancing payment in divorce? David Kowalski discusses issues raised by a recent case.

Proper preparation can help you maximize results for your clients during their mediation session. Jill Sopha shares her favorite tips for advocates in mediation.

When clients' names in a divorce are not on a real property deed, protect their marital interest with a lis pendens. Cassel McClure Villarreal discusses lis pendens, an effective tool in protecting your client’s real property interest in divorce.

With tariffs and international trade in the news on a nightly basis, clients are paying close attention to the impact tariffs have on their business – especially if any of their supply chain relies on imports from abroad. Collin F. Schaefer encourages lawyers to take an important first step to helping those clients by learning to understand the Harmonized Tariff Schedule.

A recent Wisconsin Farm Bureau Survey reports farmers are now receiving less than 15% of the money consumers spend on groceries. Nancy L. Trueblood talks about the survey and its impact, and urges attorneys to be aware of the perennial – and season-specific – issues faced by their clients who are Wisconsin farmers.

Knowledge of a child's underlying trauma is the first step toward making the most appropriate recommendation regarding the best interest of the child. Kelsey Stefka discusses trauma-informed care and how it can be used by guardians ad litem to better understand their young clients.

The Tax Cuts and Jobs Act of 2017 gives taxpayers an opportunity to defer capital gain from the sale of assets by investing in economically distressed areas in Wisconsin and across the U.S. Peter J. White discusses the requirements of investing in Qualified Opportunity Zones.

Your views needed: The Wisconsin Legislature is exploring reform of Wisconsin’s termination of parental rights (TPR) and adoption systems. Emily Dudak Leiter discusses the details of these potential changes, and urges section members to take the poll, linked at the end of the article, to inform the section board of your views on these critical issues.

What type of personal service is required in Wisconsin when proceeding with a contempt motion in family law cases? David A. Karp discusses the relevant statutory provisions and case law.

As we head into another summer ozone season, EPA's final nonattainment designations for Wisconsin counties remain in effect, and remain in dispute. Katie Nekola discusses the status of Clean Wisconsin v. United States Environmental Protection Agency and what it means for Wisconsin.

Independent contractor misclassification is a growing issue in Wisconsin, and can lead to complications when a worker is injured on the job. Matthew Lein discusses the potential consequences of misclassifying workers in Wisconsin.

Family Care is a Medicaid long-term care program that allows eligible Wisconsin to reside in their own homes while receiving high-quality support and care management. Julianne Cox discusses the program, enrollment, and its benefits and services.

When the way lawyers comport themselves reflects on the profession, it is important for lawyers to behave with the same civility in depositions as in the courtroom. Tom Donnelly proposes a way to end bad behavior in depositions via courts’ scheduling orders that contain specific provisions on civil behavior.

Recently proposed legislation could have significant impacts on the state’s regulation of per- and polyfluoroalkyl substances, otherwise known as PFAS. Arthur Harrington and Edward Witte discuss the details of the proposal.

ERISA vs. FSPA – what’s the difference? It’s a vital consideration for divorce practitioners, says James C. W. Bock. Find out what they are, and why the FSPA and the Survivor Benefit Plan statutes matter in family law.

Residents of rural Wisconsin counties who require long-term care will likely have to move farther from home, and compete for fewer beds, than their urban counterparts. Continued facility closings threaten to exacerbate the disparity.

Companies increasingly face lawsuits, organizational distrust, and reputational loss as women speak out about discrimination in the workplace. Nadelle Grossman discusses some of the latest high-profile discrimination cases, and offers tips for companies to be proactive in creating cultures of inclusion and fairness.

In the May installment of the PILS Tip of the Month, Elisabeth Stockbridge offers some insights to help ease the process of delivering bad news to clients.

International pro bono projects help advance the rule of law, build relationships that help the United States, and are personally enriching. John Vaudreuil discusses the benefits of international pro bono work.

Your task as litigator is to get the best possible jury to hear your client’s case. But how do you do that? Jacqueline Chada Nuckels discusses how to get the most out of voir dire.

Improperly classifying workers exposes an employer to significant fines and penalties. Andrea Murdock discusses various tests employers should use in determining whether to treat workers as independent contractors or employees.

The copyright termination right can be little known among lawyers who don’t practice copyright law, yet it can alter the course of estate and marital property plans. Elizabeth Russell discusses the details of the copyright termination right in estate planning.

"Big data" is everywhere, but lawyers may have little idea what it is or how it can help their practice. Barry Blonien discusses what big data is, and offers some thoughts on using it in your practice.

The recent conviction of the physicians, investors, and staff of a Dallas hospital on fraud and other charges is an opportunity for lawyers to review their clients’ contractual relationships and internal compliance programs. David Edquist, Stacy Gerber Ward, and Daniel Balk III discuss the case and the state and federal statutes that prosecutors used to obtain convictions.

A recent Court of Appeals case drove home a point: That choice of law provisions matter. Steve Mroczkowski discusses the case, which also proves the importance of front-end negotiations.

It is the task of guardians ad litem to get to know the issues their clients are struggling with. Christie A. Linskens Christie discusses the lessons that can be learned from the examination of mass incarceration's impact in one Wisconsin community, as shown in the award-winning film, Milwaukee 53206.

A Legislative Council Study Committee recently proposed changes to child placement and support laws in Wisconsin. Tiffany Highstrom reviews the committee’s proposals and their potential impact on family law.

What’s it like to witness an argument before the U.S. Supreme Court? Shelley Fite takes us to Washington, D.C., where she will watch her husband argue his case before the country’s highest court.

Welcome to Sua Sponte, the blog of the State Bar of Wisconsin Appellate Practice Section. Blog editor Jacques Condon talks about the blog, and what it means for section members.

When working an eviction defense case – especially ones involving nonpayment – finding the defense tactic can seem an impossible task. Yu Ha Kim discusses one such case – and show she found a tactic that she hopes will work.

Spring is planting time in Wisconsin, but not all farmers have enough operating capital to cover planting costs. J. David Krekeler discusses the financing options for spring planting.

When does a workplace data collection become a medical inquiry? Barbara Zabawa discusses the notice requirements of workplace wellness programs.

In 2021, the London Interbank Offered Rate – the benchmark reference rate that underpinned hundreds of trillions of dollars of finance contracts for three decades – will no longer be used. Patricia Lane and Louis Wahl IV discuss the cessation of what has been called “the world’s most important number,” and offer recommendations for addressing its cessation in credit agreements, securities, and other finance contracts.

The Wisconsin Supreme Court recently agreed to hear a case concerning groundwater withdrawals and the public trust doctrine. Evan Feinauer discusses the background of this case, and how the Supreme Court decision might extend beyond environmental law to impact every administrative agency in Wisconsin.

The CMS Preclusion List – a list of providers who are prohibited from being paid for services provided to Medicare Parts C and D beneficiaries – is now in effect. Scott Taebel, James Junger, and Julie Lappas discuss this list and offer tips for attorneys who advise health care providers.

The Wisconsin Supreme Court recently held that a circuit court judge who appointed a referee to resolve disputes delegated authority that he could not delegate. Margaret Hickey discusses the case and its implications when using third-party decision-makersin family law.

The Huawei CFO’s prosecution signals a new enforcement strategy under the Trump administration to strictly enforce U.S. sanctions regulations. Ngosong Fonkem provides practical solutions for corporate officers seeking to avoid violating U.S. sanctions laws.

The Social Security Administration recently announced that it will again be sending “no-match” letters. Jerome Grzeca discusses the announcement and advises that employers develop policies to address any such issues with their employees in a lawful andnon-discriminatory manner.

Two recent developments in water quality trading at the federal and state level may change how trading occurs in Wisconsin. Vanessa Wishart discusses the developments and what they may mean for Wisconsin.

Most public construction contracts must be awarded to the lowest responsible bidder. However, the word “responsible” is often overlooked, and state agencies and local governments often feel compelled to award the work to the lowest bidder even if the contractor may be problematic. Cynthia Buchko discusses the “responsible bidder” legal standard in public contracting.

In this Tip of the Month installment, Amy Devine explains supported decision-making and the provisions for supported decision-making in Wis. Stat. chapter 52.

Dispute resolution is a useful tool in resolving professional liability cases. Perry Granof explores various dispute resolution procedures, including their efficacy and advantages and disadvantages.

In February 2019, the Wisconsin Joint Legislative Council unanimously voted to support changes involving minor guardianships. Deanna Weiss discusses the changes proposed in AB 47.

Two recent court decisions have found descriptions of collateral in financing statements to be inadequate because they relied on separate documents that were not on the public record. Emory Ireland discusses these decisions and their implications.

In this Tip of the Month, Kate Schilling identifies some of the tactics employed by Medicare scam artists and offers tips to help clients avoid becoming victims of fraud.

There is a common belief that subcontractors and material suppliers do not have any lien rights arising from a public improvement project. But this is not accurate, says Brian Smigelski.

Purchasers of property adjacent to large-scale agricultural operations often find themselves in conflict with their neighbors. Under Wisconsin law, the property owner’s recourse for perceived nuisances is extremely limited, says Steve Frassetto, who discusses the livestock facility siting law and its impact on local governments and property owners.

Wisconsin now has a limit on the number of written interrogatories. Ralph Tease and David Blinka share their thoughts on the impact of this new limitation, and what it may mean in civil litigation.

When employers engage third parties to conduct background checks on job applicants, they must be certain to follow their obligations under the Fair Credit Reporting Act and similar state laws or they may open themselves up to liability. Meg Vergeront discusses employer obligations when conducting a background check through third-party investigators.

In 2018, the Trump Administration resurrected a 40-year-old statutory provision, resulting in increased tariffs on a diverse array of products – from machinery to garlic. Andrew T. Schutz discusses the past and present use of Section 301 of the Tariff Act of 1974.

Getting paid on time can make the difference between success and financial difficulty for agricultural custom operators who deal with large accounts. J. David Krekeler talks about helping custom operator clients to stay on top of collecting their accounts receivable.

Listening closely and carefully is one of the most effective tools of the family court mediator. Nancy Mills discusses this subtle mediator skill that helps the mediator bring adversarial parents to an agreement that places the needs of the child first.

A May 2018 Marquette University Law School graduate, J.J. Moore of Springfield, Massachusetts, is already making a positive impact. Join the Nonresident lawyers division in congratulating Moore for being one of the top three volunteers with Wisconsin FreeLegal Answers

If you have ridden in an Uber, booked a stay through Airbnb, or downloaded something from the Apple App Store, you are participating in the platform economy. Angela Rust offers three considerations for attorneys advising clients as the platform economy changes the health care landscape.

February is Black History Month, a good time to reflect on the African-American attorneys who overcame obstacles and paved the trails for attorneys to come. Renae Flowers recognizes four such attorneys.

Assistive technology is becoming more prevalent and accepted in the workplace. Eric Meier discusses some of the latest technology and legal considerations surrounding the employee data that is captured by wearable technology.

Advocates for Marsy’s Law – equal rights for crime victims as defendants – have introduced resolutions recently in the Wisconsin Legislature. Donna Ginzl talks about Marsy’s Law For All and what’s happening in Wisconsin.

Every year, the State Bar of Wisconsin Children and the Law Section Board holds an open board meeting. Any section member interested in participating is welcomed to attend the Feb. 22 meeting, says board member Katie Holtz, who also provides an update on section activities.

Section 1202 of the amended Internal Revenue Code of 1986 allows exclude up to 100 percent of the gain on sale of stock held more than five years, if such stock meets the definition of “qualified small business stock.” Jim Phillips discusses some of the requirements and traps of Section 1202.

In November 2018, Sarah Zylstra warned lawyers filing appellate briefs that the Wisconsin Court of Appeals computer system was reordering the record, making the record identifications in the clerk of circuit court's certification incorrect. The issue has been fixed for records transmitted on or after Dec. 21, 2018, says Zylstra.

While the personal property tax on machinery, tools, and patterns in Wisconsin was eliminated on Jan. 1, 2018, confusion still exists about what is or is not exempt. John Schulze discusses this new area of tax exemption and what it applies to, and gives tips on what to do if your client believes their property is taxed unfairly.

Small business owners looking to exit their business are frequently encountering buyers who use the Small Business Administration 7(a) program to finance the purchase. Jeremy Klang discusses the unique aspects of this program, which affects how the small business owner may structure the transaction.

Certain legal disputes may be better handled by two neutral parties working together to help the case reach a resolution via co-mediation. Roy Wagner discusses when two heads are better than one.

In the #MeToo era, employees are still faced with substantial challenges when bringing claims of sexual harassment in federal court. Katherine L. Charlton discusses a recent court of appeals case decision that is a reminder of the importance of documentation.

The State Bar’s Diversity Clerkship Program offers a unique opportunity for legal employers to pursue a more diverse workforce while also providing first year law students with valuable career experience. Lara Czajkowski Higgins talks about the program and encourages employers to sign up – the deadline is Feb. 18, 2019.

Environmental law practitioners should be aware of numerous changes contained in 2017 Wisconsin Act 369 that may affect their practice. Leslie Freehill discusses the Act and highlights many of its changes.

By including private insurers in its definitions, the Eliminating Kickbacks in Recovery Act brings a "seismic shift" to the fraud and abuse landscape, says James Junger. He discusses the Act and its implications for health care insurers and providers.

The new Health Law Blog is designed to deliver the latest news, practical advice, and valuable resources that focus on issues in the health law field.

In the January 2019 Tip of the Month, Jennifer Johnson explains why law firms should commit to enhancing diversity and inclusion, and offers tips for achieving that goal. “Diversity in a law firm helps spur innovation, and that is a key to success,” she writes.

The Safe Drinking Water Act regulates the public water systems that deliver water to the schools. Too often, this broad focus on public systems overlooks the potential contamination sources on private (or school) property, says David Strifling, such as lead service lines and indoor lead plumbing fittings.

Get to know your malpractice carrier’s claims attorney, suggests Matthew Beier. In addition to expanding your network, a good relationship with your claims attorney can help you avoid common legal malpractice pitfalls, and improve the chances of successful claim prevention and resolution.

The Tax Cuts and Jobs Act of 2017 contained a powerful new tax incentive, albeit one of limited duration, intended to funnel capital to distressed communities. Michael Lokensgard discusses the details of investing realized capital gains into Qualified Opportunity Zones – census tracts that meet the U.S. Treasury Department’s definition of “low income.”

New 2017 Wisconsin Act 368 allows S corporations and partnerships to be taxed at the entity level – meaning potential tax savings for their owners. Thomas J. Nichols and James W. DeCleene discuss the act and its tax implications.

Nonresident Lawyers Division (NRLD) President Kathryn Bullon urges division members to run for officer and board member positions in the division for 2019-20. Positions open are president-elect, secretary, treasurer, and five members of the NRLD board of directors. Sign up by Jan. 31.

In 2018, the statute of limitation for tort claims of legal malpractice was shortened from six to three years. However, this change may not reduce the potential exposure period for legal mistakes, says Amy Risseeuw.

When companies manufacture products in foreign markets, they need to adapt to the ever-changing global trade environment. Ngosong Fonkem’s recent data analysis of country-of-origin determination cases by the U.S. Custom and Border Protection reveals key factors for companies seeking to make the most of trade preference programs.

In the December Tip of the Month, Amanda Rabe notes several of the significant changes resulting from the 2017 Tax Cuts and Jobs Act. “The impact of these changes has a distinct impact in family law,” she writes.

Mandatory mediation in elder law can save court resources and reach creative solutions that preserve family relationships and allow the elder’s voice to be heard, says Julie Short.

What should you say when your client asks, “Can I recover attorney fees?” While rare, there are several circumstances where clients can recover fees in construction disputes. Lauren Triebenbach and Mark Schmidt outline different grounds for attorney fee recovery.

A family of chemicals known as Per- and Polyfluoroalkyl Substances, or PFAS, is coming under growing regulatory focus as “emerging contaminants” under the scrutiny of the Environmental Protection Agency and state environmental agencies.

Amid parties and presents, how is our profession faring at the end of this year? Kate Knowlton takes a Dickensian visit upon some 2018 cases that remind lawyers their work is vital to the justice system, culture, and society. “These ghosts of our legal past and present point to a less frightening future,” she writes.

Recent Wisconsin Supreme Court oral arguments in Michels v. Lyons dissected the constitutionality of a grandparent visitation statute. Tiffany Highstrom and Sara Vanden Brook discuss the court’s recent oral arguments regarding the statute and cases involved.

Recent Wisconsin Supreme Court oral arguments in Michels v. Lyons dissected the constitutionality of a grandparent visitation statute. Tiffany Highstrom and Sara Vanden Brook discuss the court’s recent oral arguments regarding the statute and cases involved.

While Brazil’s legislatures and courts have made slow progress in addressing LGBT rights, the recent election of Jair Bolsonaro may change that. Helena Mietka discusses the election’s potential impact.

Achieving a Better Life Experience (ABLE) accounts allow family members to save for a disabled child while not disqualifying the child from receiving government benefits. Amy Krier discusses the requirements and limitations for ABLE accounts.

There was an increase in farm bankruptcies in 2017 and 2018 in Wisconsin, making them among the most in the nation. David Krekeler discusses the implications of the trend and its impact on family farms.

In the November 2018 Tip of the Month, Jacob Haller reflects on the reasons to consider a career in public interest law.

When you represent noncitizen clients, immigration issues may overlap with family law issues. Cassel Villarreal details one particular issue – the I-864 Affidavit for Support, where a citizen sponsor agrees to financially support their immigrating spouse – and how it comes to play in divorce.

Lawyers filing appellate briefs should be aware that the Wisconsin Court of Appeals computer system is reordering the record, making the record identifications in the clerk of circuit court's certification incorrect. Sarah Zylstra discusses how to find the listing of the record as reordered by the court of appeals.

Tribes are important players alongside the federal and state governments in setting and enforcing environmental standards. Robert Lundberg discusses a current complication of tribal Clean Water Act regulation.

Tenant buildouts can place fee owners and contractors at risk during construction projects. Saul Glazer discusses options for both contractors and fee owners to protect their respective interests.

Did you know that the Americans with Disabilities Act applies to websites? Benjamin Streckert discusses the issue and shares tips for websites to become more accessible.

In early 2018, the Wisconsin Supreme Court expanded the scope of the Building Permit Rule to encompass all land included in a building permit application, not just the buildings themselves. Adam Voskuil discusses what led to that decision and its potential effects moving forward.

In the October Tip of the Month, Rich Lavigne reflects on a weekend at the National Public Health Law Conference in Phoenix.

When valuing a case, lawyers should look beyond the legal issues to consider the client's personal costs and benefits of litigating. Jill Sopha discusses BATNA, or Best Alternative to a Negotiated Agreement, a formula to calculate the value of litigating a case.

When something happens involving our clients' beloved pets, we often have to be reminded that pets aren’t human but are defined as property in Wisconsin. Just what does that mean legally, when pets cause injury or are hurt?

Feb. 1, 2011, marked a change in Wisconsin products liability law, including for the liability of a seller or distributor in a products liability case. Michael Gill and Craig Steger discuss the tactics and considerations for both plaintiffs and defendants when handling products liability claims against sellers and distributors in Wisconsin.

Wisconsin’s Department of Agriculture, Trade, and Consumer Protection is wrapping up the first year of its pilot research program into hemp cultivation and hemp product manufacturing. Cathleen Dettman discusses the program, and suggests that interested Wisconsin farmers should beware of the program’s many rules and limitations.

The NLRB recently invited, then disinvited, people to give their thoughts on the Staunton holding – the case that allows construction employers and unions to convert National Labor Relations Act Section 8(f) agreements into Section 9(a) agreements into Section 9(a) agreements. Patrick Whiting takes a look at what Staunton established, and what could result if its holding is overturned.

With the advent of new construction delivery methods, the limits of protections from the Spearin Doctrine have been tested. Patrick Whiting discusses the intersection of the Spearin Doctrine and these new delivery methods.

Obtaining a credit card or consumer loan as a married individual in Wisconsin actually requires compliance with multiple and complex areas of law. MaiVue Xiong discusses the framework lenders need to comply with obtaining and reporting credit, and the potential ramifications married consumers should know in Wisconsin.

As of Jan. 1, 2019, maintenance payments will no longer be tax deductible to the payer or taxable income to the payee under the Tax Cuts and Jobs Act of 2017. But is it a cause for panic? David Karp examines the differences between taxable maintenance andnon-taxable maintenance under the Act.

The United States-Mexico-Canada Agreement awaits ratification by the U.S. Congress. Yet, some believe that the USMCA is simply a modernization rather than a complete overhaul of NAFTA. Ngosong Fonkem discusses key areas of difference between the two agreements.

Some states have decided that open adoption may be considered when it is in the best interests of the child. Brooklyn Kemp writes about the issues, benefits, and disadvantages of open adoption.

There are many positive commonalities among lawyers in a solo practice, whether they are in a rural or urban setting. Christopher Shattuck discusses a few resources to help you boost your practice no matter your location.

When drafting construction contracts, it's good to pay attention to how disputes may be resolved. But how can you possibly know at the time of contracting which dispute resolution method is best? James Dash discusses what to consider when writing binding dispute resolution clauses.

Investing in a qualified Wisconsin business may provide certain tax benefits to individuals. Thomas J. Nichols and James W. DeCleene discuss these benefits and some potential pitfalls.

In the September 2018 Tip of the Month, Susan Lund discusses alternatives to driver’s license suspension for low income individuals unable to pay forfeitures in circuit and municipal courts.

May parties stipulate to a lower standard for modification of custody and placement in the initial years following a judgment? James C.W. Bock explores case law and legislative intent involving the “best interest of the child” custodial standard.

The EU’s new data privacy law, the General Data Protection Regulation, represents far-reaching changes that make it one of the strictest in the world. Randal Brotherhood discusses this new law and why U.S. businesses need to pay attention to it.

The Wisconsin Legislature recently directed the DNR to study whether Wisconsin assume permitting authority over federal wetlands. Ted Warpinski and Chris Meuler discuss the mechanics of assumed jurisdiction as well as its potential benefits and costs.

The increasing number and severity of worksite enforcement actions by ICE’s Homeland Security Investigations is a serious wake-up call for employers – but it is challenging for employers to fully comply with immigration rules for hiring and employment. Benjamin Kurten outlines the steps that employers can take to ensure they employ only those authorized to work in the U.S.

Annual legal reviews for nonprofit corporations can help maintain their tax-exempt status. James M. Ledvina outlines the steps to conduct legal reviews for a nonprofit entity, and discusses why they are necessary.

Health care whistleblowers must walk a fine line in determining which materials can be taken from an employer as evidence of False Claim Act qui tam claims. Guest authors Stacy Gerber Ward and Nola Hitchcock Cross of the State Bar of Wisconsin Health Law Section discuss guidelines governing the relationship between a health care provider and employees who are potential whistleblowers.

Called the "fastest-growing foster care initiative," kinship placement and adoption is on the rise. Kaitlyn Dvorak discusses what guardians ad litem should keep in mind about the benefits and challenges of recommending placement with family members.

In this PILS Tip of the Month, Liz Groeschel explains how Emergency Assistance can help clients avoid eviction and pay for housing and utility expenses in times of financial crisis.

Cybersecurity is essential to keeping the internet open, free, and secure, especially on a global level. Matthew Koch and Kelly Krause discuss the current state of global cybersecurity efforts and issues.

This administration has made a number of significant changes to how the Environmental Protection Agency addresses scientific expertise and evidence. Steph Tai provides a brief summary of many of these changes.

Presentation technology can make your trial presentation engaging and impactful. Kristin Scheuerman gives tips from a trial consultant to help you bring your evidence to life.

When drafting a contract to sell or purchase a business, attorneys often use the form “WB-17 Offer to Purchase – Business Without Real Estate” from the Wisconsin Department of Regulation and Licensing. J. William Boucher discusses important addendums to suit the needs of buyers or sellers when using the form.

From her roles as president of Madison Teachers Incorporated, alder and mayor of Madison, commissioner on the Wisconsin Employment Relations Commission, and now as mediator and arbitrator, Sue Bauman has made an impact on the practice of law in Wisconsin. Learn more about Bauman’s career as she finishes her term as chair of the Labor & Employment Law Section.

In the August 2018 Tip of the Month, Elizabeth Stinebaugh shares resources for clients who have questions regarding consumer rights issues.

In American Family v. Cintas, the Wisconsin Supreme Court enforced an indemnification provision under Ohio law. Kevin Long and Lars Gulbrandsen discuss the decision and its impact.

A new U.S. Citizenship and Immigration Services (USCIS) policy effective Sept. 11 makes it easier for officers to deny applications for immigration benefits. Jerome Grzeca discusses the new policy and its implications.

The abundance of caution and efforts taken by impacted teams, companies, and FIFA itself during the World Cup illustrates the vigor of the long arm of U.S. sanctions regulation. Ngosong Fonkem provides practical solutions for companies to avoid violating U.S. sanctions laws.

Legal and policy disputes surrounding groundwater are gaining in importance, says David Strifling, who reviews recent and pending cases involving groundwater disputes.

The State Bar of Wisconsin’s Annual Meeting & Conference is a fantastic opportunity to make new connections, reconnect with old friends, attend CLEs, says Anu Chudasama. Learn more about the Nonresident Lawyers Division’s board meeting and activities at the Annual Conference.

Mining for metals such as copper, lead, iron, and zinc has played a major role in the history and development of several regions of Wisconsin. Cheryl Widder Heilman discusses recent changes to Wisconsin’s nonferrous metallic mining laws in 2017 Wisconsin Act 134.

For his diligent work advocating for the nonresident lawyers of Wisconsin, Steven Schuster is the recipient of the 2018 Nonresident Lawyers Division Founder’s Award.

Oral argument may be a misnomer. "It is not so much an argument but rather a discussion with the court to help the court understand the issues and your position," says Barbara O'Brien. Here are some tips from the bench for effective oral arguments.

For individual taxpayers, the Tax Cut and Jobs Act made substantial changes to deductions. Bradley Kalscheur discusses ways to handle charitable contributions in light of these changes.

A new legislative Act alters what a custodial parent must do to move or relocate with a child. Lisa-Marie Line outlines the changes, which became effective April 5, 2018.

The Wisconsin Legislature recently made significant changes to the law that governs when one divorced parent seeks to relocate far the child’s other parent. Tiffany Highstrom details the new procedures and standards applicable under the Act.

How do you determine if a particular case is a good candidate for mediation? The answer goes well beyond the legal substance and merits of the case, says Jill Hamill Sopha, who discusses key questions lawyers should consider when deciding whether to mediate.

Wisconsin Act 235 made comprehensive changes to the Wisconsin Rules of Civil Procedure. Lauren Triebenbach discusses these changes, which apply to causes of action filed on or after July 1, 2018.

Jim Mathie discusses how perspective taking can help to solve difficult puzzles in mediation.

On Jan. 1, 2019, child support maintenance is no longer deductible in divorce. Gregg Herman discusses the issue, and what it means for families undergoing divorce – and who will be paying the price.

Juveniles have a fundamental right to be tried only if competent. What happens when juveniles don’t become competent until they become an adult? Devon Lee discusses issues involved in a case taken up by the Wisconsin Supreme Court.

In the June installment of the PILS Tip of the Month, Colin Good reflects on his year as section chair, the future goals for the section board, and opportunities for members to contribute to advancing the public interest.

For the first time, opponents have challenged an approved diversion of Great Lakes water outside the Great Lakes basin. David Strifling discusses the challenge, and what it means for the Great Lakes Compact.

Ozone pollution is a public health hazard and a complex problem for the states, power plants, and industrial facilities that are responsible for reducing ground-level ozone. Maggie Brown and Sarah Geers discuss what the 2015 ozone air quality standard means for Wisconsin

Employment lawyers Caitlin Madden and Sean Scullen discuss a recent Wisconsin-based case decided by the U.S. Supreme Court that may have far-reaching effects on employment litigation.

Guest blogger Adam J. Tutaj of Meissner Tierney Fisher & Nichols S.C. provides “real dollar” examples of how differing settlement allocations may affect the taxation of employment claim settlements.

Dividing retirement accounts during a divorce is not a straight-forward process. To avoid post-divorce litigation, it is vital to do the proper work on the front end, says David Kowalski.

Petitioners should proceed carefully when using the newly revised Continuing Need of Protection or Services ground, writes Rebecca Kiefer.

Private Public Partnerships (P3) involves alternative procurement methodologies, public/private financing mechanisms, enabling legislation, and contracts for the all of the above, as well as ongoing maintenance and operations of the facilities involved. Carrie Cox discusses the continuing emergence of P3 and the challenges inherent in P3 work.

With a decision in a recent case, the Wisconsin Supreme Court imposed significant limitations on employers who use non-solicitation provisions in employment contracts. Jeremy Klang discusses the decision and what it means for businesses in Wisconsin.

The Wisconsin Legislature recently redefined the scope of allowable discovery in Wisconsin. Ralph Tease discusses how these substantive rule changes – effective July 1, 2018 – represent a dramatic change in the practice of civil law.

The Wisconsin Supreme Court recently issued a decision involving property owners with competing water-related private rights. The decision, says Gabe Johnson-Karp, has the potential to affect the property rights of thousands of property owners along Wisconsin’s flowages.

Recently published legislation requires attorneys to add their name and state bar number when drafting pleadings for otherwise self-represented litigants. Donna Ginzl discusses changes in Wisconsin Act 317.

A case before the U.S. Supreme Court could significantly change the sales and use tax nexus landscape in the U.S. With a final decision anticipated this summer in South Dakota v. Wayfair , Luona Hao discusses the case and its implications for businesses.

The practice of the law is becoming international in scope. Michael Jakus discusses how to enhance your international practice via the International Practice Section, now an Outreach Partner with Community Colleges for International Development.

Lawyers who represent farmers or farm lenders are often surprised to learn of the unique liens that can arise by operation of law and without Uniform Commercial Code requirements. Troy Schneider describes three of these liens and their legal requirements.

With proper care and assistance, an executor can safely and legally transfer ownership and possession of a decedent’s firearms to buyers and beneficiaries alike. Philip Miller and John Pernice offer a practical guide that helps preserve or maximize their value to the estate or trust beneficiaries.

A recent U.S. Supreme Court Order leaves intact the Seventh Circuit’s holding that “reasonable accommodation” is limited to measures that enable a person to work under the Americans with Disabilities Act. David McClurg discusses the case, the Order, and its implications for employers.

In the April 2018 Tip of the Month, Yu Ha Kim shares stories of personally traumatic experiences in her public interest law career, and offers advice for a healthy approach to moving beyond trauma.

A professional services contract is a fairly standard document, but failure to set proper expectations and deliverables can easily lead to disputes or misunderstandings. Walter Skipper gives 15 tips for consultants to protect themselves from potential claims and disputes.

Recent legislation has lowered the interest rate in the timely payment of claims statute. While not often used, this statute continues to have an important role in providing incentive for prompt resolution of claims or a mechanism for compensation to plaintiffs subjected to unreasonable delays, writes Amy Risseeuw.

Protecting personal information gets complicated when U.S. companies and their business partners process sensitive data overseas – a less expensive option growing in popularity. Ngosong Fonkem gives practical solutions to avoid violating the Health Information Portability and Accountability Act when outsourcing data services.

There are many hurdles and pitfalls when it is your job to find common ground with parents involved in custody disputes. Nancy Mills discusses her techniques to help parents overcome their issues and put their children first.

Wisconsin's Right to Farm Law in its current form is now more than 20 years old and, from a legal perspective, largely untested. Tressie Kamp surveys Right to Farm Law updates in Wisconsin and other states since 2002.

Katie Holtz talks about a great way for section members to maximize their member benefits - by using the Children & the Law Section elist.

There is validity in the moral principle that as a society we have a responsibility to ensure the protection of our most vulnerable members of the society, writes Mark Fremgen.

In this March Public Interest Law Section Tip of the Month, Samir Jaber offers tips for maintaining positive relations with agencies, judges, and opposing counsel.

The Sixth Circuit Court of Appeals recently became the first federal appellate court to recognize that discrimination in employment of a transgender employee is sex discrimination under Title VII of the Civil Rights Act of 1964. Katherin Charlton discusses the decision and its possible impact in Wisconsin.

The Wisconsin Supreme Court seems to have settled for now the question of whether attorney fees are recoverable in a statutory theft by contractor case. Mark Schmidt discusses the court’s decision.

In 2017 Wisconsin Act 67, the Legislature recently enacted new statutory standards regarding conditional use permits. Mary Beth Peranteau outlines these standards and the resulting burden of proof in conditional use permit proceedings.

Modern farms often consist of many interrelated owners and entities. Bridget Finke discusses the importance of considering the entire farm operation when assisting on a specific project.

With many family law litigants going without counsel, we need to be relevant to assist clients and add value to the divorce process, writes Margaret Hickey. One way to do that: Knowledge of elder law.

For new businesses considering going nonprofit, there’s a new alternative in Wisconsin – the benefit corporation. Thomas Schober discusses the details of this new type of corporation.

Given that nearly all employment disputes resolve short of trial, it is never too early for an employment lawyer to consider mediation, writes Jill Sopha. Just what does it take to reach a resolution when an impasse looms?lawyer consider mediation, writes Jill Sopha.

In the February Tip of the Month, Kate Schilling explains what Medicare beneficiaries should look for in the transition to new member identification cards, and how to avoid related identity-theft scams.

With more than 110 court-ordered out-of-state mental health residential care placements for youth in 2017, the lack of in-state options is of deep concern for many in the child welfare and juvenile justice systems. The upward trend is a disturbing one, says Eileen Fredericks.

Solving the financial problems of a family farm requires all the skills possessed by good insolvency lawyers as well as an understanding of agricultural business and production, says J. David Krekeler. Helping a family farm business requires knowledge of the various factors and challenges unique to a family farm.

The passage of the Tax Cuts and Jobs Act brings significant changes to the structure, financing, and agreements in mergers and acquisitions transactions. James Phillips details the more noteworthy provisions that apply in 2018 and beyond.

The Wisconsin Supreme Court recently initiated several evidence rule changes, including a new witness bias rule, and the Wisconsin Legislature is pondering significant changes to many procedural rules in civil actions. Sarah Zylstra outlines these new – and possibly future – changes.

A Kenyan biologist in the 1970s recognized the connection between environmental damage and poverty – and did something about it. Cynthia Hirsch talks about Wangari Maathai, the 2004 recipient of the Nobel Peace Prize, and the impact one woman can have on the wellbeing of her country.

While a recent Wisconsin Court of Appeals decision may appear to weaken the statute of repose governing construction projects, attorneys should thoroughly analyze all the issues before deciding if a construction claim is timely. Brian Smigelski discusses the effect of the decision in Wosinski v. Advanced Cast Stone Co.

Former Sheboygan County Circuit Court Judge James Bolgert was attracted to a mediation practice because he believes in using mediation to resolve family disputes. "And mediation with attorneys works well with a schedule in which some days are reserved for higher things (grandparent work)," he writes. "Pro se mediation reminds me of practicing law: You get calls."

With the U.S. intensifying its efforts to prosecute trade law violations, Wisconsin companies with international ties need to keep an eye on the impact enforcement actions may have on their businesses. Ngosong Fonkem discusses this policy shift and its impact in Wisconsin.

The 2017 Tax Cuts and Jobs Act imposes sweeping changes in the tax code. Some of the most dramatic changes will affect taxpayers going through a divorce. David Karp discusses the changes that family law attorneys should be aware of.

Changes in interpretation of National Labor Relations Board case law that began with the appointment of Chairman Philip Miscimarra are expected to continue under John Ring, nominated by President Trump to succeed Miscimarra. Chuck Pautsch discusses the recent case law changes and what to expect in the future.

Family farm planning often involves more than just financial and tax matters. Often, an understanding of the delicate nature of human relationships is just as or even more important than the “numbers.” Troy Schneider examines the quality of humility in family farm planning.

In the January 2018 Tip of the Month, Susan Fisher shares resources and tips for electronic research for lawyers with limited access to commercial legal research platforms.

Following the establishment of the Speaker's Task Force on Foster Care, a new legislative package of 13 bills, called Foster Forward, was introduced. Megan DeVore talks about the Foster Forward bills and their potential to bring significant changes to the child welfare system in Wisconsin.

State and federal disaster planning and response is important, but local actions before and after the event can be the difference between a catastrophe and a close call. Michael Polich discusses federal and state rules for local emergency planning in Wisconsin.

Law firms benefit from a diverse group of lawyers. Lara Czajkowski Higgins discusses the need to broaden the definition of “diversity,” the need to expand diversity efforts to support staff, and the many benefits of doing so.

When must a dispute be arbitrated, and who decides? Matthew McClean discusses lessons learned from a recent Wisconsin Court of Appeals case that went to arbitration to determine whether the case was properly in arbitration.

Employers with apprentices may receive as much as 2 percent credit – or up to $2,500 – on their Worker’s Compensation Premiums, effective Oct. 1, 2018.

Dissolving a corporation in Wisconsin can be a confusing process. Thomas Schober provides some useful steps to consider once a corporation is no longer needed.

The Family Law Section proposed two pieces of legislation to address practice issues in family law. Cassel Villarreal discusses the two bills, detailing the proposed changes in existing law.

Although trade relations between Wisconsin and Southeast Asia are strong, trade margins could grow significantly if Wisconsin firms continue to deepen their ties to the region. Ngosong Fonkem discusses how Wisconsin firms can unlock and capture untapped economic opportunities in the region.

Whilst the current administration has made reducing U.S. bilateral trade deficits the benchmark for measuring economic success, the export of certain goods, to certain end-users or destination country without the required export license can lead an an unaware U.S. exporter into legal trouble. Ngosong Fonkem gives practical tips for businesses to successfully navigate U.S. export regulations.

A recent change in tax law may help more farmers survive tough financial times, although issues still remain. David Krekeler discusses the Additional Supplemental Appropriations for Disaster Relief Requirements Act 2017, and what it means for farmers facing bankruptcy.

A recent Dane County Circuit Court ruling is the latest twist in the ongoing legal battle surrounding high capacity well permits. Leslie Freehill discusses the decision, which renews the debate over DNR’s regulatory authority and the significance of the Wisconsin Supreme Court’s 2011 Lake Beulah decision.

In the December Tip of the Month, attorney Amanda Rabe explains Wisconsin’s Safe at Home program, which protects the confidentiality of victims of abuse or threatened abuse.

The U.S. Supreme Court recently declined to hear a case where the Ninth Circuit Court of Appeals determined that including a waiver with a Fair Credit Reporting Act (FRCA) disclosure may be a willful violation of the law. It’s a good time, says Michael Gentry, for employers nationwide to reassess their FCRA disclosures.

Litigators, would you choose the same field and profession again, given a chance to do something else? Patricia Epstein Putney recently conducted an informal survey of her peers … and found some interesting answers.

The final price of a construction project is difficult to determine – and must be done before the contract is signed. Saul Glazer discusses the methods to determine that final price – and avoid serious issues that may arise when the price is incorrect.

Recent – and dramatic – changes in the law have granted marriage and parental equality to lesbian, gay, bisexual and transgender families – but should same-sex parents still obtain a court order for adoption? Emily Dudak Taylor and Kristi Baker discuss the relevant recent cases and the best way to ensure a child’s access to both parents for years to come.

What are the steps lawyers should take to increase the chance of a successful international transaction? James Casey offers his top essential elements for success in executing and managing international contracts.

The vast majority of capital is raised privately through Regulation D, specifically under Rule 506(b) and the relatively new Rule 506(c). Lindsay Fedler discusses the requirements for issuers raising capital under both provisions, and why issuers have been slow to utilize Rule 506(c).

The 2017-2019 Wisconsin budget eliminates the state’s prevailing wage and institutes tax relief measures that benefit the construction industry. John Schulze discusses these and other significant construction-related initiatives recently signed into Wisconsin law.

The number of self-represented parties in family courts continues to rise. Susan Hansen discusses the issue and what family lawyers can do in response.

Multiple family members owning real estate together can be a recipe for disaster unless they jointly create a plan for the ownership and management of the property for generations to come. Melissa Kampmann and Shanna Yonke discuss the necessity of a well-reasoned plan, crafted by current and future owners, to minimize the risks associated with the common ownership of property.

For U.S. companies seeking to protect their trademarks in Europe, the U.K.’s imminent exit from the EU raises many questions. Elisabeth Townsend Bridge discusses what may happen with trademarks after Brexit.

In a recent holding, the Seventh Circuit raised the proof of causality threshold under the False Claims Act from a “but-for” standard to “proximate cause.” Alan Olson discusses the holding and its implications.

The Seventh Circuit Court of Appeals’ dismissal of a copyright claim against a homebuilder sends message of increased scrutiny to copyright “trolls.” Eric Meier discusses the decision and what it means for designers of single family home plans.

In November’s Tip of the Month, Mitch Hagopian explains how the state legislature’s efforts to restrict the rule-making capacity of state agencies can provide a basis to challenge policy initiatives that exceed the scope of statutory authority.

From liability considerations to subrogation, there is a lot to consider before going to a personal injury mediation. Are you prepared? Timothy Hawley helps you to prepare with a list of seven issues to address in your mediation statement.

A client's mental illness can complicate a lawyer's ability to represent the client's best interests. Beth Osowski lists 18 tips she's learned from multiple sources – including pertinent ethical rules, precedent, and advice from lawyers and other experts – for lawyers to zealously and successfully advocate for their clients.

Farms, more than ever, have greater amounts of cattle, machinery, equipment, facilities, and land at inflated values; and greater existing debt and greater gross income, but smaller profit margins. As such, a family farm divorce can be devastating to the farm family and its continued viability. Troy Schneider provides strategies to take when drafting marital property agreements that include a plan for farm succession.

What are compliance programs? And why are they needed? Nadelle Grossman talks about corporate compliance programs, why companies of all sizes should have them, and how to create a program that successfully promotes ethical and compliant conduct among employees.

Wisconsin Department of Children and Families recently proposed to Chapter 150 Child Support Percentage of Income Standard. Tiffany Highstrom discusses the proposed changes which, if implemented, will impact how child support functions in Wisconsin.

A recent ruling on an appeals case is a reminder of the importance of complying with Wisconsin's Homestead Law. Brad L.F. Hoeschen, Cheri Hipenbecker, and Duane H. Wunsch discuss the case, and its implications: a reminder to check the marital status of mortgage borrowers.

The Wisconsin legislature recently revised its definition of implements of husbandry, to meet changes in agricultural equipment sizes, types, and scales of operation. Roberta Heckes outlines these changes, which involve new weight, height, and length restrictions, as well as lighting and marking requirements.

While some may presume the costs reflect greedy wetland mitigation bank sponsors, Heidi Kennedy discusses the costs and risks behind wetland mitigation banking that influence the costs.

In this October installment of the Public Interest Law Section Tip of the Month, attorney Richard Lavigne serves up the real dish on a bounty of changes ready to be laid at the table of Wisconsin’s FoodShare program.

With the number of recent disasters and shared tragedies, please remember that WisLAP, the Wisconsin Lawyers Assistance Program, offers free, confidential support to State Bar of Wisconsin members, their staff, and families.

The Nonresident Lawyers Division welcomes you to its new blog, featuring posts designed to deliver the latest news, practical advice, and valuable resources for Wisconsin’s nonresident lawyers.

The Wisconsin Legislature’s new Task Force on Foster Care represents an opportunity to make meaningful change to keep children safe and to help Wisconsin families be successful, writes Sarah Henery, who encourages those with ideas to get involved.

The Children & the Law Section has established the Children & the Law Section Blog to provide its members with valuable information for attorneys who represent various parties including children, parents, and grandparents, as well as agencies that serve children

Construction involves plenty of risk to all parties involved. While Wisconsin has barred “pay if paid” clauses in some circumstances, it is by no means an absolute bar. James Dash and Bryce Cox advise not to assume that all such clauses are unenforceable – and to negotiate accordingly.

On July 1, 2017, the longstanding Deadman’s Statute was repealed – but still may apply to certain pending cases. Jeff Goldman discusses the statute’s background, what it was, and why it may be only “mostly” dead.

In these tumultuous times, the American Bar Association's annual Mediation Week is an opportunity to reflect on and consider the value of mediation for addressing conflict in our lives. Lisa Derr and Amy Koltz offer seven tips for learning, engaging in, and sharing about mediation.

Managing a client's expectations may be one of the most important tasks litigation attorneys have. Michael Laufenberg gives tips to avoid that cringe-worthy moment when with your client at a verdict reading.

The Seventh Circuit recently reaffirmed its position that an employee’s leave of two months or longer is not a “qualified individual with disability” with protection under the Americans with Disabilities Act. David A. McClurg discusses the implications of the recent appeal, in which he argued on behalf of the employer.

Rescinding the DACA Executive Order has significant humanitarian and economic implications, says Kime Abduli. But it is also an opportunity for Congress to address the ills of our current immigration system.

The legal framework in determining third-party visitation is different from the legal framework for awarding physical placement in a divorce or paternity action. Cassel Villarreal outlines an analysis for determining third-party visitation.

Wisconsin’s economic development future is forever changed as the WEDC embarks on its first “Megadeal,” says Cynthia Buchko. She outlines the details of legislation authorizing $3 billion in taxpayer-funded incentives for the development of an advanced manufacturing facility by FoxConn.

Nicholas McLeod takes a statistical look at the current state of employment discrimination, retaliation, and harassment claims in Wisconsin, and the trends they reveal. “More than 50 years after Title VII, race is still the most litigated form of employment discrimination in Wisconsin and in the U.S., showing no signs of slowing down,” McLeod says.

Some of the most powerful skills for practicing law come from lessons learned from those outside the profession. Clyde Tinnen talks about the lessons he learned from his grandparents and their wisdom that he uses on a daily basis.

In the September Public Interest Law Section Tip of the Month, Susan Lund explains the process for addressing inaccurate records in a criminal history report.

The Department of Natural Resources recently proposed changes to existing guidance for assessing vapor intrusion risk at contaminated sites. Ted Warpinski and Andy Skwierawski outline the proposed updates and their effect on contaminated sites.

There are pitfalls and perils associated with properly commencing a civil action in Wisconsin. Michael Gill talks about those perils, and offers defenses to raise when defects exist.

A change in policy by U.S. Citizenship and Immigration Services could result in much a longer wait time for immigrants applying for permanent resident status. Benjamin Kurten talks about the policy change, which affects previously exempt applicants.

Decisions are complicated when succession planning includes a family business - such as the family farm. Bridget Finke discusses how dividing the decisions between a disaster plan and the succession plan can help simplify the farm transition process.

Two proposed state Assembly bills would significantly impact how public works contracts are awarded. Patrick Whiting reviews how construction contracts are awarded in Wisconsin, and outlines the changes in the proposed bills.

For solo and small firms, limited scope representation is a milestone for efficient, cost-effective representation, and is exceptionally practical in family law settings. James Bock discusses this recently enacted rule and its potential application in family law matters.

A recent case in the Ninth Circuit Court of Appeals shows just how broad the FLSA’s anti-retaliation provisions can be. Claire Roehre discusses the case, which involves retaliation by an employer’s attorney against an undocumented worker for bringing a lawsuit over numerous workplace violations.

Wisconsin’s biennial budget, now nearly two months past due, is delayed over transportation issues. Dennis Grzezinski discusses how federal lawsuits involving Wisconsin highway projects may raise questions about the state's management of transportation issues.

Generational, technological, and policy changes ahead for agriculture in the U.S. mean attorneys serving rural clients are in a unique position to affect the future of rural America and agriculture worldwide. Nancy Trueblood talks about why the future is bright for lawyers in agriculture law

International law is a fascinating and fast-growing legal field. What does it take to get into this practice area? While an attorney can certainly plan to focus on international matters from day one, involvement in international matters can be varied and may simply arise out of clients’ needs.

In June, a Transmittal from the Department of Health and Human Services created a buzz among lawyers and Medicare professionals after it appeared to require Medicare Set-Asides. A more careful read of the Transmittal leads to a different conclusion, says Kristen Scheuerman.

After numerous delays, the U.S. Department of Labor has now partially implemented a new fiduciary rule for financial professionals providing investment services to retirement plans. Drew Parrish discusses the new fiduciary rule, its implementation status, and how the rule will apply.

In June 2010, a young man was killed when a 13-ton concrete panel fell onto him in Milwaukee. The case is the basis for a recent Court of Appeals decision regarding statute of repose’s concealment exception. Hugh Anderson discusses the case and the nature of the evidence presented to establish the exception.

During mediation, if you suddenly learn new information about your case that makes you rethink its settlement value – that is a good thing, not something to be afraid of. Mediation, says Michael Pollack, is the better time than during trial to find out what’s harmful in your case.

As of July 1, 2017, lawyers serving as mediators can draft, amend, and file legal documents for litigants going through a family law case. David Karp discusses this new amendment to the Supreme Court Rules and provides a sample acknowledgement that complies with the new amendment.

The new Family Law Section Blog will provide section members with valuable information concerning issues that are important to attorneys with a special interest in family law.

Looking for low-cost CLE courses? Elizabeth Stinebaugh shares some resources in this July 2017 Tip of the Month.

Attorneys who represent rural landowners should be prepared to advise their clients on tax credits available via the farmland preservation law, especially for clients who are retired farmers renting their land for farming. Troy Schnieder talks about the law and what is required to claim tax credit.

The Solo/Small Firm & General Practice Section announces a new blog for attorneys who practice in rural areas and in the area of agricultural law.

The Department of Natural Resources recently proposed new guidance for assessing residual contamination levels in soils. The proposed guidance offers an alternative method for assessing seven cPAH compounds using a cumulative risk approach, say Cheryl Heilman and Ned Witte.

Bad faith litigation against insurance companies often involves discovery beyond what is permitted for typical breach of contract claims. Barbara O’Brien explores discovery issues that both plaintiff’s and defense counsel face when a bad faith claim is alleged against an insurance company.

Steven Mroczkowski discusses a recent ruling in District II Court of Appeals that is a reminder for attorneys to emphasize to clients the importance of clear communication during projects, and that a review of title records prior to filing a lien may be prudent when ownership is not abundantly clear.

On June 26, 2017, the U.S. Supreme Court lifted a portion of the stay on some parts of the Trump Administration's travel ban. Jerome Grzeca discusses the ruling, and talks about who may or may not be affected by it.

The Wisconsin Legislature is considering adopting a new chapter of the Wisconsin statutes pertaining to benefit corporations. James DeCleene discusses the proposed legislation and how the Benefit Corporations Act, if adopted, would impact Wisconsin businesses.

Interest in gun trusts is on the rise. Philip Miller describes the origin of gun trusts in the National Firearms Act, addresses recent and pending legislation that may impact the usefulness of traditional gun trusts, and highlights the many reasons why a a firearm owner may still consider holding firearms in trust.

In this June 2017 Tip of the Month, Colin Good offers some advice to job seekers about proactively addressing items that may cause concern in an employment-related background check.

Condominium ownership – owning a cubicle of air floating above the earth – is a peculiar creature of statutory law. William Pharis Horton talks about the state of condominium laws in Wisconsin and the need for updates. “For it to be of most effective use, the laws under which it exists must be kept current and relevant,” he writes.

The Wisconsin Economic Development Corporation offers resources to help Wisconsin businesses, communities, and people thrive in a globally competitive environment. Jennifer Jin talks about the programs that can provide your clients with financial and technical support to accelerate their success.

The Department of Natural Resource’s newly approved multi-discharger variance for phosphorus provides another option for municipal publicly owned treatment plants and other point source dischargers. Vanessa D. Wishart outlines the new policy and its implementation.

Requests to admit are a frequently utilized tool in the litigation setting, but trial courts seem generally unwilling to impose sanctions for failure to admit. Are the standards in Wisconsin statutes too ambiguous – making threat of sanctions a toothless beast?

Wisconsin appellate courts have remained silent on the Spearin Doctrine, leaving open the question: how will our courts respond to a claim for recovery under this theory? A little used 100-year old doctrine could be the key, says Lauren Triebenbach.

Understanding the differences between Wisconsin’s white-collar exemptions to overtime pay and their federal Fair Labor Standards Act counterparts requires an appreciation of the history and development of those exemptions under both the FLSA and Wisconsin law.

In a recent decision, Wisconsin’s Supreme Court reiterated that private contractors may be immune from damages caused by implementing the plans and specifications provided by a governmental entity. "The decision provides a useful reminder that a private contractor may be able to benefit from the governmental entity’s immunity,” writes Chase Horne.

The Wisconsin State Assembly has introduced legislation to amend or eliminate numerous sections of Chapter 88 and related statutes, providing the biggest updates to the drainage statutes in decades. The bill proposed by the Wisconsin State Assembly affects a wide range of areas from farming to conservation, say John Mitby and Elizabeth Spencer.

While all companies address such key risk and governance concerns as cybersecurity and sustainability, other issues are more often overlooked. Joseph Masterson discusses several issues that should be given specific attention by midsize companies, whether public or private.

On April 26, 2017, President Donald Trump released the 2017 Tax Reform for Economic Growth and American Jobs plan. While brevity is the soul of wit, in tax reform, the devil is always in the details. Bradley Kalscheur compares the president’s proposal with a June 2016 House Republican proposal.

After a brief request for readers’ input to help get this fledgling blog off the ground, Gabe Johnson-Karp discusses two current issues in the area of water law.

A recent, closely-watched decision by the United States District Court for the Northern District of California threw out trademark infringement claims against Silicon Valley giant Dropbox, Inc. based on the doctrine of laches. Henry Weiner says the decision serves as a useful warning against complacency and “gotcha” tactics in trademark enforcement for businesses, big and small.

Objections to both the form of the question and foundation, if made at the time, can be cured by the questioner. Thus, the rules indicate that those objections are waived if not made at a deposition, but such waiver often does not have much practical effect. In addition, lawyers should be cautious about instructing a deponent not to answer a question unless there is a claim of privilege at issue.

The Wisconsin Legislature and Supreme Court are considering sweeping changes to the processes by which administrative rules are developed and interpreted in Wisconsin. Michael Lokensgard discusses the current rules and how they may change.

On April 18, 2017, President Trump signed an Executive Order (EO), “Buy American and Hire American.” Jerome Grzeca discusses what that might mean for the H-1B program.

A recent unpublished Court of Appeals case involved a dismissal of a citation for feeding and baiting deer on grounds that it is illegal only when done for hunting. “The Wisconsin DNR takes the position that it is illegal in all chronic wasting disease-affected areas," writes John Priebe.

Volunteering to be a practice judge for Marquette University Law School’s Philip C. Jessup International Moot Court Competition team is a fun way to help students hone oral advocacy skills and gain knowledge in international law.

Mark Schmidt discusses the background and current status of a case now before the Wisconsin Supreme Court. “This case could have a big impact on claims for theft by contractor,” he writes.

The U.S. Department of Labor’s updated overtime regulations were set to go into effect Dec. 1, 2016, but were halted by an injunction. Erica Reib discusses the regulations’ current status and what may be next.

With many collective bargaining agreements typically three years long, many employers and unions will head to the bargaining table this year for the first time under Right to Work. Krista Ebbens answers questions about the issues employers face under Right to Work.

Incentive trusts are not easy to draft, says Terry Campbell. But done correctly, an incentive trust establishs safeguards so that wealth will enhance and not hinder the life of the beneficiary.

The Real Property, Probate and Trust Law Section is establishing a new blog to provide members with valuable and timely information on issues important to members of this section.

In light of recent calls for changes in environmental law and in honor of Earth Day 2017, Tressie Kamp reflects on unique components of Wisconsin’s conservation history and its impact on the practice of environmental law.

The Environmental Law Section welcomes you to its new blog, featuring monthly posts designed to deliver the latest news, practical advice, and valuable resources for environmental practitioners.

A proposal in Gov. Scott Walker’s 2017-19 budget for an Equal Rights Division “Offer of Settlement” procedure is unnecessary and will place significant burdens on employees seeking to enforce their rights, say Jeffrey Sweetland and Barbara Zack Quindel.

Is mediation in civil cases still effective? Jesse Blocher examines whether mediation is continuing to serve its original purpose. “Some may be surprised to learn of the disincentives that parties and lawyers who mediate frequently have when it comes to forging reasonable compromises at mediation,” he writes.

The proposed elimination of Labor and Industry Review Commission in Gov. Walker's budget raises big questions about the future of unemployment, workers' compensation, and unemployment cases. “The reason for the Commission’s elimination establishes a chilling effect on judicial independence of any kind,” writes Victor Forberger

On Feb. 2, 2017, Delaware Governor John C. Carney Jr. signed Delaware Senate Bill 13 (SB 13) into law, substantially reforming Delaware’s infamous escheats law. Patricia Lane and Louis Wahl discuss SB 13 and its impact on the rights and compliance obligations of individuals and businesses subject to Delaware’s escheats law.

Wisconsin lawyer Cynthia Hirsch recently traveled to Dar es Salaam, Tanzania, with Lawyers Without Borders to participate as a trainer in a workshop designed to help Tanzanian prosecutors, judges and police officers sharpen their courtroom skills to better prosecute human trafficking cases.

The HITECH Act, made law in 2009, provides for individuals to quickly access medical records at affordable costs. With the rising costs of litigation for plaintiffs and defendants, limiting and controlling the costs of medical records acquisition in personal injury cases can be a meaningful way to effectuate settlement and protect your client’s bottom line.

A recent decision by a Milwaukee Circuit Court judge serves as guidance to plaintiffs in the future that defendant-specific expert testimony is crucial to establishing negligence on the part of design professionals for construction defects. Brian Smigelski discusses the decision and its impact.

Employees traveling for work are entitled to worker's compensation benefits for injuries sustained while engaging in “reasonable recreation” without the activity being considered a “deviation” from employment. Attorney Aneet Kaur discusses a recent Court of Appeals decision finding injuries sustained by an employee, after a day of bar-hopping with his co-worker, compensable under the Worker’s Compensation Act.

To properly apply prevailing wage rates and hours, lawyers need to understand the nuances of mineral aggregates and material processing in state highway projects. Carrie Cox provides a starting point and guidance to ensure employers comply with the law.

Medical malpractice filings are significantly down in Wisconsin compared with past years, according to a review of recent data. Patricia Epstein Putney explores just why this is the case – and whether this is likely to change.

Social media in the workplace can raise thorny questions and expose employers to liability in a number of scenarios. Timothy Edwards outlines the important questions that employers must confront when their employees are allowed to access social media while at work.

When President Trump signed the Executive Order banning immigration from seven countries on Jan. 27, uncertainty, inconsistency, and lack of agency coordination followed. Immigration attorney Joseph Rivas discusses the various responses of government agencies, and the lawsuits filed in federal courts.

Companies working on public projects need to remain vigilant regarding changes to Wisconsin’s revised Prevailing Wage Law. Carrie Cox identifies the changes to the law now in effect.

The Wisconsin Supreme Court has approved a pilot program to create a dedicated trial court judicial docket for large business and commercial cases in the state of Wisconsin. Brick Murphy discusses the program and support from the Business Law Section.

On Jan. 12, 2017, the Wisconsin Supreme Court approved Rule Petition 16-04 that expanded the role of lawyer-mediators in family law cases. Hon. Michael Dwyer and Susan Hansen discuss the rule and what it means for the evolution of family law practice.

The Consumer Review Fairness Act of 2016 takes effect March 14, 2017. The act prohibits non-disparagement provisions in form contracts that are imposed on an individual without a meaningful opportunity to negotiate. Emory Ireland and Maximilian Traut discuss what businesses need to know about the act.

Donald Trump’s Jan. 27 Executive Order suspends the issuing of immigration visas and other immigration benefits to citizens of several Middle Eastern countries, affecting employees of U.S. businesses and employees' family members. How should companies and their human resources staff respond to the impact of this Executive Order?

The increasing number of pro se litigants presents challenges to judges and litigation attorneys. Three circuit court judges weigh in on their philosophies in handling pro se litigants in their courtroom, and their advice to attorneys when facing pro se opposition.

Cameron Smith talks about a recently argued Wisconsin Supreme Court case – Melchert v. Pro Electric Contractors. “The case gives the Court the opportunity to expound on two key aspects of immunity from liability for government contractors,” Smith writes.

Benjamin Kurten discusses possible impacts from the Trump administration on immigration law in the near future. “While it remains to be seen what changes the Trump administration will ultimately accomplish, one thing is clear – change is coming and everyone should prepare,” Kurten writes.

Bryan Symes discusses the potential impact of a recent case, EEOC v. St. Joseph’s Hospital, Inc. on Americans with Disabilities Act accommodations. While the Eleventh Circuit concludes that the best candidate gets the job – what does this mean for Wisconsin?

Conducting a compliance review for clients with overseas operations provides an added level safeguard and comfort and brings a whole new level of understanding to local operations from a risk and compliance perspective. Matthew Koch provides practical tips for conducting a compliance review of foreign operations.

Beth Osowski gives a quick update and refresher for lawyers who occasionally face worker’s compensation questions and who practice in the areas of personal injury, employment law, Social Security Disability, or general practice.

Recent guidance from bank regulators makes clear that cybersecurity risk assessments will be an increasing area of focus. Matt Rowe summarizes the latest guidance and how bank management teams can use it to mitigate cybersecurity risk at their institutions.

You spend money advertising to make the phone ring – but what do you do when the phone actually rings? Lisa Derr discusses the key components to successfully converting that caller into a paying client.

Meet Katie Henry, Executive Director of the Metropolitan Milwaukee Association of Commerce’s World Trade Association, the region’s largest and most experienced network of international exporters, importers, suppliers and service providers.

Projects involving Disadvantaged Business Enterprises (DBE) can be challenging for contractors and non-DBE subcontractors. The Seventh Court’s decision implies that, for the foreseeable future, the law is settled that DBEs are found constitutional when tied to federal funds.

"Employee beware"? A recent order issued by the Eastern District of Wisconsin enforces a restrictive covenant by granting a preliminary injunction to the employer of a departing employee, even though the employee claimed she never consented to the employer’s online restrictive covenant.

In May 2016, the Seventh Circuit held that arbitration agreements which prevent employees from proceeding collectively violate the NLRA and are thus unenforceable in Lewis v. Epic Systems Corp. Now, the Seventh Circuit has reiterated that holding in Riederer v. United Healthcare Services, Inc., and further drawn attention to a widening circuit split needing resolution by the U.S. Supreme Court.

In our constantly changing global marketplace, your client's branding needs are constantly evolving too. Help your clients stay ahead of the competition by encouraging them to conduct regular trademark audits to ensure proper protection of their valuable trademark assets.

Some experts say driverless cars will be on the road in the coming years. While this is good news for increasing road safety, if your firm relies heavily on income generated by car crash cases – whether representing injured people or auto insurers – thereare very likely to be bumpy roads ahead.

The Miscellaneous Tariff Bill eliminates or reduces duties assessed on certain imported raw materials and intermediate products. MTB duty savings can eliminate import taxes, cutting production costs enhancing the competitiveness of U.S. manufacturers. Interested importers should not miss the Dec. 14, 2016, deadline to take advantage of the cost savings opportunities.

Whether a mediation term sheet creates an enforceable settlement will be governed by state contract law, according to the Seventh Circuit. Mediator Jill Hamill Sopha discusses how parties can take steps to avoid unintended consequences of poorly drafted mediation term sheets.

You are a construction contractor who has been tendered the defense of an action pursuant to an indemnity clause in your contract. The recent pithy and instructive Aug. 9, 2016 Court of Appeals decision in Karen Colleran v. Erik C. Wildes is asharp warning; it illustrates the pitfalls if you and your insurer fail to respond correctly.

The Defend Trade Secrets Act of 2016, which establishes a new federal civil cause of action for trade secret theft, represents one of the most significant events in trade secret reform in years. This new law toughens and modernizes trade secret law in numerous respects, and provides an additional tool for businesses and their legal counsel to protect trade secrets.

The Business Law Section has established a new blog to provide its members with valuable information on issues important to attorneys engaged in business law.

Through Northwestern University, the National Labor Relations Board punted – but left open – the substantive issue of whether private university, grant-in-aid scholarship football players meet the statutory definition of “employee” for purposes of the National Labor Relations Act.

Attorneys handling UIM cases need to be aware of duplicate payments provisions in addition to reducing clauses and anti-stacking provisions. The Wisconsin Court of Appeals has recently upheld the application of a duplicate payments provision permitting a UIM carrier to reduce UIM benefits by workers’ compensation awards and Social Security Disability benefits.

International Practice Section Board Member Joseph M. Rivas was inducted into the Fellows of the Wisconsin Law Foundation on Oct. 18, 2016.

The Wisconsin Court of Appeals recently ruled – for the first time – that Wis. Stat. section 103.465 on the enforceability of restrictive covenants in employment relationships applies to employee non-solicitation provisions. This recent development may make many employers’ current covenants unenforceable.

Whether or not you like the economic loss doctrine, in construction circumstances it appears here to stay – after a recent and well-reasoned decision in Milwaukee County Circuit Court regarding Wis. Stat. section 895.447.

What does it mean to seek refuge or asylum in the United States, and are all asylum seekers created equal?

The Wisconsin Supreme Court has amended Wis. Stat. section 803.08 (effective Jan. 1, 2017) to require the allocation of at least half of unclaimed class action awards to the Wisconsin Trust Account Foundation for the support of legal services to low-income and indigent persons.

The Department of Labor’s new overtime rules go into effect Dec. 1, 2016. In addition to increasing the salary level required to satisfy the white collar exemption, the new rules affect how nondiscretionary bonuses, incentive payments, and commissions may be used to meet the salary level requirement.

Companies importing or exporting merchandise may be subject to claims under the False Claims Act, based on declarations made in connection with their import and export activities. Patrick Coffey and Jennifer Jin discuss the FCA and how companies can protect themselves from claims.

Jerome Grzeca writes about recently announced penalty increases for immigration-related violations from the U.S. Justice Department, and discusses the new Form I-9, to be released Nov. 22.

A proposed new rule by the U.S. Citizenship and Immigration Services allows international entrepreneurs to stay for up to two years in the U.S. to oversee and grow their startup businesses.

In the realm of personal injury litigation, pre-suit mediation can be an effective and efficient method to bring the right case to early resolution. Christine Bremer Muggli outlines advantages for both sides in a claim for personal injuries following a motor vehicle accident as an example of an effective use of alternative dispute resolution.

Can the statute of repose still be used to bar cases from moving forward to trial as the law intended, or has the law lost its force? Matthew McClean discusses recent appellate cases applying Wisconsin’s construction statute of repose.

Meet Adam Konrad. He speaks German, and helps his German and Swiss clients with commercial operations in the U.S. And he has served since 2009 on the International Practice Section Board.

NRLD Past President Jim Casey discusses issues surrounding science and technology collaboration between the European Union and the U.S. The issues are now of greater importance given the positive BREXIT vote and the departure that will become reality over the next few years.

The Affordable Care Act requires applicable large employers to provide health insurance coverage statements to employees and file annual information returns with the IRS. The details should be used to inform a large employer’s group health plan purchase or renewal strategy.

The Visa Waiver Program is a U.S. government program that allows citizens of specific countries to travel to the U.S. for tourism, business, or while in transit, for up to 90 days without having to obtain a visa. Attorney Benjamin Kurten discusses changesto the program as of April 1, 2016, that may impact you or your clients.

The very core of our professionalism should be to espouse civility in every matter that we handle. The essence of what litigators do is resolving conflict, writes attorney Emile Banks Jr. Representing clients zealously must not include treating opposing counsel with discourtesy or disrespect.

What happens when you apply interest-based bargaining techniques to the typically distributive process of buying a home? Michael Rust shares his experience.

We’re excited to announce the launch of a new blog for the Dispute Resolution Section!

The U.S. Commercial Service is the trade promotion arm of the U.S. Department of Commerce’s International Trade Administration. Learn more about this department with Damian Felton, Director of the U.S. Department of Commerce’s Commercial Service office inMilwaukee.

As of Dec. 1, 2016, Canadian companies will be able to hire or transfer Mexican employees more quickly and at a lower cost. Mexican citizens may apply for work permits directly at Canadian ports of entry, similar to American citizens.

In a recent decision, the Seventh Circuit Court of Appeals weighed in on the application of promissory estoppel in the context of construction bidding. At issue is the impact of bid negotiations upon the general contractor’s ability to assert promissory estoppel where a subcontractor later declines or refuses to honor its bid.

In a recent decision, the Seventh Circuit Court of Appeals faced the issue of whether a lender’s title insurance policy covers construction liens that arise from the lender’s decision to cease funding its construction loan due to a loan imbalance.

The Construction and Public Contract Law Section has established this blog to provide its members with valuable information concerning issues that are important to attorneys engaged in construction or public contracting law.

Putting on a panel at the State Bar of Wisconsin Annual Meeting & Conference, even one relating to international practice and involving participants’ use of Skype from Uganda, is surprisingly easy. This is the author’s journey.

Wisconsin lawyer Cynthia Hirsch recently traveled to Monrovia, Liberia, with Lawyers Without Borders to participate as a trainer in a workshop designed to help Liberian prosecutors, defenders, and judges sharpen their litigation skills to better implementLiberia’s new anti-human trafficking law.

We’re excited to announce the launch of a new blog for the International Practice Section! Designed to deliver the latest news, it will give practical advice and valuable resources that focus on issues relating to International Law.

The Supreme Court recently applied the economic loss doctrine’s “integrated systems” analysis in determining whether coverage is afforded where an insured provided a non-conforming product that was later incorporated into other property. Learn what this decision suggests in this blog post from Attorney Patryk Silver.

Under 42 U.S.C. § 17935(e)(1), your client has a right to direct that his or her personal health information be sent to you in an electronic format, and you can save them a bundle because the charges are limited to reasonable and cost-based fees. 45 CFR 164.524(c)(4).

In April, the Wisconsin Legislature increased the sales tax exemptions for nonprofits by increasing the casual sales dollar limits and occurrences. These increased limits will apply to sales on Jan. 1, 2017.

This blog is designed to deliver the latest news, practical advice, and valuable resources that focus on tax matters.

This week the U.S. State Department’s Inspector General released an 80-plus page report detailing the systemic weaknesses in the department’s email preservation system. Although less a system and more an ad hoc employee-driven free-for-all, there are many electronic discovery lessons to learn and warnings to heed for litigators, writes Stephanie Melnick.

Under new unemployment legislation rules, employees may be denied unemployment benefits if they are found to have engaged in “substantial fault.” A recent decision from the Wisconsin Court of Appeals gives us one of the first interpretations of what “substantial fault” means.

In this initial post of the Litigation Section’s blog, Scott Minter looks back on the work of the Litigation Section during the past 40 years on behalf of members and civil justice.

The Litigation Section has established this blog to provide its members with valuable information concerning issues that are important to attorneys engaged in civil litigation or who have an interest in civil litigation.

In this post, Julie A. Lewis discusses the recent Wisconsin Supreme Court decision in United Food & Commercial Workers Union, Local 1473 v. Hormel Foods Corp. regarding the compensability under Wisconsin law of employee time spent donning and doffing sanitary clothing and personal equipment.

A federal district court judge sitting in the Western District of Wisconsin recently held that employers may condition eligibility for employer-sponsored health insurance upon participation in a wellness plan under the Americans With Disabilities Act’s “safe-harbor” provision in some circumstances, writes Meg Vergeront.

Although the Conagra Foods, Inc. decision floated under the radar due to other noteworthy decisions around the same time, most management-side labor-relations lawyers – myself included – viewed the decision as part of an insidious attack on the ability ofcompanies to prohibit and/or curb a species of workplace chatter that is disruptive and threatens productivity and security.

Do employers who discount cash fringes in calculating overtime pay violate the Fair Labor Standards Act?

In Woods v. City of Berwyn, the Court of Appeals for the Seventh Circuit finds facts sufficient to break the cat’s paw chain of discrimination liability and, in doing so, provides hints to plaintiff and defense counsel regarding how this proximate cause theory may be analyzed.

A recent Seventh Circuit decision may give some Wisconsin employees with restrictive covenants a stronger basis upon which to challenge the restrictions on their ability to compete with their employer and take co-workers with them.