Labor & Employment Blog How to Free Workers from Abusive Restrictive CovenantsOver 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.
Family Law Section Blog Addressing Childhood Trauma as a Family Practice LawyerFamily 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.
Nonresident Lawyers Blog Staying Connected to Wisconsin No Matter Your LocationThe 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.
International Practice Section Blog Save on Import Duties with the Miscellaneous Tariff Bill – Apply by Dec. 10With 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.
Business Law Section Blog LLCs and Standing to Sue: Wisconsin Supreme Court Weighs InIn 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.
Labor & Employment Blog Seventh Circuit: Extreme Obesity Alone Is Not a DisabilityThe 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.
Environmental Law Section Blog Milwaukee's Progress as a Water HubHow 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 Law Section Blog Modernizing Stark: Centers for Medicare & Medicaid Service’s ProposalHealth 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.
Litigation Section Blog Cattau and Pleading Standards: Comments from the Wisconsin Supreme CourtCommentary 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.
Construction & Public Contract Law Section Blog Anticipating and Responding to Environmental Issues in ConstructionEnvironmental 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.
Public Interest Law Section Blog Tip of the Month: Public Service Loan Forgiveness and the Employment Certification FormBorrowers 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.
Agricultural Law and Rural Practice Blog The Impact of the Immigration Debate on AgricultureAs 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.
Litigation Section Blog Prisoner Litigation and the Exhaustion of Remedies RequirementWhether 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.
Family Law Section Blog Ending the Cycle: A Push for Early Childhood Intervention for Intimate Partner Violence ExposureExposure 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.
Appellate Practice Section Blog Appellate Standards of Review: Maximizing an Appeal for Maximum Security (Part 5)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.
Appellate Practice Section Blog Appellate Standards of Review: Anatomy of an Appeal - Proceed with Caution (Part 4)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.
Appellate Practice Section Blog Appellate Standards of Review: The Lingo of Deference (Part 3)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.
Appellate Practice Section Blog Appellate Standards of Review: De Novo Has Many Meanings (Part 2)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.
Appellate Practice Section Blog Appellate Standards of Review: 'Neigh' to Kentucky Derby Appeal (Part 1)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.
Agricultural Law and Rural Practice Blog Connecting with Community: Tips to Establish a Strong Rural PracticeFarmers 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.
International Practice Section Blog An International Snapshot: Protecting Seniors as Workforces ShrinkMany 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.
Environmental Law Section Blog Lame Duck Impact on Potential PFAS LitigationThe 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.
Family Law Section Blog Choosing a Family Law ProcessAdversarial, 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.
Environmental Law Section Blog EPA Proposes to Roll Back Longstanding Policy for Hazardous Air PollutantsThe 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.
Public Interest Law Section Blog Tip of the Month When Clients Fear Public BenefitsAs 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.
Dispute Resolution Section Blog Mediating the Zipper MergeMediation 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.
Agricultural Law and Rural Practice Blog Chapter 12 Bankruptcy Relief Now Available to More FarmersRecently 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.
Construction & Public Contract Law Section Blog Veni, Vidi, Veto: Wisconsin 2019-21 State Budget HighlightsGov. 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.
Business Law Section Blog How to Talk to Government RegulatorsThrow away your assumptions. Matthew Lynch, a former private practitioner who recently switched to government work, offers a few tips on communicating with government regulator
Environmental Law Section Blog Circuit Split: Discharges through Groundwater Under the Clean Water ActThe 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
Family Law Section Blog Lis Pendens: Securing Client's Real Property Interests in DivorceWhen 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.
Business Law Section Blog Importing Goods from Abroad: Reading the Harmonized Tariff ScheduleWith 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.
Agricultural Law and Rural Practice Blog Survey Highlights Issues Faced by Wisconsin FarmersA 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.
Children & the Law Section Blog Trauma-informed Care and the Role of Guardian ad LitemKnowledge 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.
Children & the Law Section Blog Big Changes Considered in Wisconsin TPR and Adoption LawYour 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.
Environmental Law Section Blog Federal Ozone Litigation: What's at Stake for WisconsinAs 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.
Litigation Section Blog Ending Uncivil Behavior in DepositionsWhen 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.
Environmental Law Section Blog Comprehensive PFAS Legislation Introduced in WisconsinRecently 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.
Agricultural Law and Rural Practice Blog Nursing Home Facility Shortages Are More Glaring in Rural WisconsinResidents 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.
Business Law Section Blog Creating a Corporate Culture of Diversity and Inclusion in the #MeToo EraCompanies 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.
Real Property Probate and Trust Law Blog Copyrights in the Estate? Termination Right Planning a MustThe 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.
Environmental Law Section Blog Big Data: A Powerful Tool for Your Practice"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.
Health Law Section Blog Forest Park Medical Center and the Travel Act: Different Road, Same DestinationThe 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.
Children & the Law Section Blog Lessons for Guardians ad Litem from 'Milwaukee 53206'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.
Appellate Practice Section Blog Witness to a U.S. Supreme Court ArgumentWhat’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.
Public Interest Law Section Blog Seeking an Eviction Defense: It is All About FramingWhen 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.
Business Law Section Blog Preparing for the End of the London Interbank Offered Rate in 2021In 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.
Environmental Law Section Blog High Capacity Wells Case May Impact All State AgenciesThe 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.
Health Law Section Blog CMS Preclusion List Now in EffectThe 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.
Family Law Section Blog Using Third-party Decision-makers after Universal ProcessingThe 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.
Environmental Law Section Blog Recent Developments in Water Quality TradingTwo 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.
Construction & Public Contract Law Section Blog Putting 'Responsible' Back into the 'Lowest Responsible Bidder' Standard in Public ContractingMost 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.
Construction & Public Contract Law Section Blog Can I Lien a Public Improvement Project?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.
Real Property Probate and Trust Law Blog Who Is Your Neighbor? Buyers Should Beware When Purchasing Rural PropertyPurchasers 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.
Labor & Employment Blog Employer Obligations When Using Third Parties to Conduct Background ChecksWhen 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.
Agricultural Law and Rural Practice Blog Agricultural Clients: Help them Get PaidGetting 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.
Dispute Resolution Section Blog An Effective Mediation Tool: ListeningListening 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.
Nonresident Lawyers Blog NRLD Member Makes ImpactA 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
Nonresident Lawyers Blog Celebrating the Trailblazers during Black History MonthFebruary 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.
Construction & Public Contract Law Section Blog Rise of the Machines: Wearable Technology in the WorkplaceAssistive 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.
Family Law Section Blog Crime Victim Rights: Marsy's Law Comes to WisconsinAdvocates 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.
Children & the Law Section Blog Section Members: Attend Meeting of the Children & the Law BoardEvery 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.
Litigation Section Blog Update to 'Appellate Filers Beware': More Changes for Electronic Records on AppealIn 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.
Construction & Public Contract Law Section Blog Machinery is Now Tax-exempt: Is Your Construction Client Wrongfully Taxed?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.
Labor & Employment Blog #MeToo and Sexual Harassment in the Workplace: Has Anything Changed?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.
Litigation Section Blog Pursue a Diverse Workforce: State Bar’s Diversity Clerkship Program Needs EmployersThe 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.
Health Law Section Blog Welcome to the Health Law BlogThe 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.
Public Interest Law Section Blog Tip of the Month How Diversity & Inclusion Benefits Us AllIn 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.
Environmental Law Section Blog Minimizing the Risk of Lead Intake at SchoolsThe 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.
Agricultural Law and Rural Practice Blog Tip: Get to Know Your Professional Liability Carrier Claims AttorneyGet 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.
Business Law Section Blog Opportunity Zones: A New Tool for Capital Gains Deferral and ReductionThe 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.”
Business Law Section Blog A New Pass-through Entity Tax-saving OpportunityNew 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 Blog Connect with Colleagues in Wisconsin: Run for NRLD BoardNonresident 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.
Litigation Section Blog Legal Malpractice Claims: How Long Do I Have to Worry?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.
International Practice Section Blog Data Analysis Reveals Key Factors in US CPB’s Country-of-origin DeterminationsWhen 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.
Public Interest Law Section Blog Tip of the Month: Important Changes under the New Tax LawIn 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.
Construction & Public Contract Law Section Blog When Your Client Asks: ‘Can I Recover Attorney Fees?’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.
Environmental Law Section Blog PFAS: A Contaminant of Emerging ImportanceA 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.
Agricultural Law and Rural Practice Blog Can This Year’s Wisconsin Supreme Court Jollify Scrooge?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.
Family Law Section Blog Brussels Sprouts, Pancakes, and Proof in Grandparent VisitationRecent 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.
Children & the Law Section Blog Brussels Sprouts, Pancakes, and Proof in Grandparent VisitationRecent 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.
International Practice Section Blog President Jair Bolsarano and LGBT Rights in BrazilWhile 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.
Real Property Probate and Trust Law Blog ABLE Accounts: Saving for Children with DisabilitiesAchieving 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.
Agricultural Law and Rural Practice Blog Wisconsin Leads Nation in Farm BankruptciesThere 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.
Public Interest Law Section Blog Pivoting to Public InterestIn the November 2018 Tip of the Month, Jacob Haller reflects on the reasons to consider a career in public interest law.
Family Law Section Blog Immigration Matters in Divorce: The I-864 Affidavit of SupportWhen 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.
Litigation Section Blog Appellate Filers Beware: Electronic Changes to the Record on AppealLawyers 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.
Construction & Public Contract Law Section Blog Enforcement of Tenant Buildout Liens in WisconsinTenant 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.
Environmental Law Section Blog Municipal Zoning Authority Challenged by Building PermitsIn 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.
Litigation Section Blog Product Liability Claims in Wisconsin: Tactics for Sellers or DistributorsFeb. 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.
Agricultural Law and Rural Practice Blog Emerging Markets in Rural Industry: Wisconsin’s Industrial Hemp Pilot ProgramWisconsin’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.
Labor & Employment Blog The NLRB, Staunton, and Changes to Unionization in the Construction IndustryThe 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.
Business Law Section Blog Equally Liable: Credit Cards and Consumer Lending in a Community Property StateObtaining 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.
Family Law Section Blog Family Law: It's the End of Maintenance as We Know ItAs 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.
International Practice Section Blog From NAFTA to USMCA: The Next Step Moving Forward?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.
International Practice Section Blog ICE to Employers: Pay Close Attention to Immigration-related Workforce RulesThe 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.
Labor & Employment Blog Purloined Evidence and the Health Care WhistleblowerHealth 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.
Children & the Law Section Blog GALs and the Rise of Kinship CareCalled 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.
Business Law Section Blog Suiting the Needs of the Client: Modifying the WB-17 Offer to PurchaseWhen 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.
Labor & Employment Blog Finding Common Ground: Sue Bauman on Labor Law and GovernmentFrom 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.
International Practice Section Blog The FIFA World Cup and U.S. Sanctions ComplianceThe 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.
Environmental Law Section Blog Groundwater: A ‘Gaining Stream’ of ControversyLegal and policy disputes surrounding groundwater are gaining in importance, says David Strifling, who reviews recent and pending cases involving groundwater disputes.
Environmental Law Section Blog Changes in Metallic Mining Laws Effective July 1, 2018Mining 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.
Litigation Section Blog Tips from the Bench: Oral ArgumentOral 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.
Real Property Probate and Trust Law Blog Charitable Planning after the 2017 Tax ActFor 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.
Labor & Employment Blog To Mediate or Not? Look Beyond the LawHow 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.
Construction & Public Contract Law Section Blog Massive Civil Procedure Overhaul Becomes LawWisconsin 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.
Children & the Law Section Blog What Is Different About Juvenile Competency?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.
Public Interest Law Section Blog Note from the Chair: A Year of Growth and ProgressIn 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.
Construction & Public Contract Law Section Blog Mitigating Tensions: Private Public PartnershipsPrivate 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.
Business Law Section Blog Wisconsin Supreme Court Takes Aim at Non-solicitation ClausesWith 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.
Litigation Section Blog Fixing What Wasn’t Broken: Wisconsin’s New Discovery RulesThe 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.
Taxation Law Section Blog Supreme Court Divided on Nexus for Internet SellersA 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.
International Practice Section Blog Enhance Your Practice through International EducationThe 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.
Real Property Probate and Trust Law Blog Handling Firearms in an Estate or Trust AdministrationWith 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.
Business Law Section Blog 15 Key Considerations for Consulting AgreementsA 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.
Litigation Section Blog Protecting Against Bad Behavior by Insurance CompaniesRecent 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.
International Practice Section Blog Outsourcing Services: Is Your Data Protected? A U.S. HIPAA Privacy Law Case StudyProtecting 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.
Labor & Employment Blog Sixth Circuit: Transgender Employee Rights Protected by Title VIIThe 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.
Real Property Probate and Trust Law Blog Legislature Enacts New Standards for Conditional Use PermitsIn 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.
Labor & Employment Blog You Can Mediate That! A Fresh Perspective on Employment MediationGiven 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.
Public Interest Law Section Blog Tip of the Month: Watch for New Medicare CardsIn 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.
Agricultural Law and Rural Practice Blog A Business, a Way of Life: Representing Family Farms with Financial ProblemsSolving 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.
Business Law Section Blog Mergers & Acquisitions and the Tax Cuts and Jobs ActThe 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.
Litigation Section Blog The Rules They Are A-changin’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.
Environmental Law Section Blog Restoring Forests in Kenya Began with One Woman’s DreamA 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.
Construction & Public Contract Law Section Blog Do Not Overreact to the Wosinski DecisionWhile 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.
Dispute Resolution Section Blog Pro Se Mediation is Hard WorkFormer 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."
International Practice Section Blog What Increased Enforcement of U.S. Trade Laws Means for Wisconsin BusinessesWith 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.
Labor & Employment Blog National Labor Relations Board Rollback ContinuesChanges 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.
Agricultural Law and Rural Practice Blog Remind Farm Clients to ‘Always Stay Humble and Kind’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.
Environmental Law Section Blog Emergency Preparedness, Response, and Mitigation is a Local IssueState 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.
Litigation Section Blog It's a New Year: Let's Expand the Focus on DiversityLaw 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.
International Practice Section Blog Southeast Asia and Wisconsin: Deepening Ties to Unlock Economic OpportunityAlthough 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.
Business Law Section Blog What Small Businesses Should Know About U.S. Export Control RegulationWhilst 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.
Agricultural Law and Rural Practice Blog New Tax Law May Help Distressed FarmersA 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.
Environmental Law Section Blog High Capacity, High Controversy: The Battle Over Wisconsin Wells ContinuesA 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.
Children & the Law Section Blog The Status of LGBT Parental Rights in Wisconsin after Pavan v. SmithRecent – 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.
International Practice Section Blog Essential Elements for Success in International TransactionsWhat 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.
Business Law Section Blog You Can Lead an Issuer to Rule 506(c), But You Can’t Make Them AdvertiseThe 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).
Construction & Public Contract Law Section Blog 2017-2019 State Budget Builds Up Construction IndustryThe 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.
Family Law Section Blog Family Lawyers: Are We Becoming Obsolete?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.
Real Property Probate and Trust Law Blog Imperative: Succession Planning for the Family PropertyMultiple 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.
Construction & Public Contract Law Section Blog Seventh Circuit Decision Sends Message to Copyright ‘Trolls’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.
Public Interest Law Section Blog Tip of the Month: A Look at Legislative Limits on Agency DiscretionIn 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.
Dispute Resolution Section Blog Seven Issues to Address in Your Personal Injury Mediation StatementFrom 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.
Litigation Section Blog 18 Tips to Successfully Advocate for Clients with Mental IllnessA 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.
Agricultural Law and Rural Practice Blog Strategies for Marital Property Agreements in Farm Succession PlanningFarms, 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.
Business Law Section Blog Seven Requirements of Effective Corporate Compliance ProgramsWhat 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.
Agricultural Law and Rural Practice Blog Defining Implements of Husbandry: Recent Revisions by Wisconsin LegislatureThe 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.
Environmental Law Section Blog Why Wetland Mitigation Banking Is So CostlyWhile 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.
Public Interest Law Section Blog Tip of the Month: FoodShare Goes NutsIn 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.
Nonresident Lawyers Blog Welcome to the Nonresident Lawyers BlogThe 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.
Children & the Law Section Blog Wisconsin Legislature Takes an Active Interest in Foster Care IssuesThe 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.
Children & the Law Section Blog Welcome to the Children & the Law Section BlogThe 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 & Public Contract Law Section Blog Pay If Paid Clauses in Wisconsin: More Enforceable than You ThinkConstruction 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.
Real Property Probate and Trust Law Blog The Deadman’s Statute is (Mostly) Dead in WisconsinOn 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.
Dispute Resolution Section Blog 7 Tips to Reclaim Civility in ConflictIn 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.
Labor & Employment Blog Seventh Circuit: Multi-month Leave Not a Reasonable ADA AccommodationThe 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.
International Practice Section Blog The Trump Administration Pulls the Plug on DACA – Now What?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.
Family Law Section Blog Third Party Visitation: What Is Your Legal Burden?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.
Construction & Public Contract Law Section Blog FoxConn: Wisconsin’s First 'Megadeal' Provides $3 Billion in Tax CreditsWisconsin’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.
Labor & Employment Blog 53 Years after Title VII: Statistical Trends in Employment Discrimination Claims in WisconsinNicholas 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.
Environmental Law Section Blog DNR Updates Guidance for Vapor Intrusion Risk at Contaminated SitesThe 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.
Family Law Section Blog There’s No Limit to the Practical Use of Limited Scope RepresentationFor 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.
Labor & Employment Blog Ninth Circuit Finds Employer’s Lawyer Liable for FLSA RetaliationA 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.
Agricultural Law and Rural Practice Blog Rural Revolution: Is the Future So Bright Ag Lawyers Should Wear Shades?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 Practice Section Blog The Many Paths to Practicing International LawInternational 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.
Business Law Section Blog The Department of Labor Fiduciary Rule is Here – Sort ofAfter 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.
Dispute Resolution Section Blog Twice is Nice: Why You Shouldn't Fear MediationDuring 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.
Family Law Section Blog Lawyer-mediators Can Now Draft AgreementsAs 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.
Family Law Section Blog Welcome to the Family Law Section BlogThe 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.
Environmental Law Section Blog The Dirt on PAHs: New DNR Guidance Proposed for Assessing Soil ContaminationThe 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.
Construction & Public Contract Law Section Blog Court of Appeals: Clear Communication Reduces Risk of Unnecessary LitigationSteven 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.
Business Law Section Blog Round Three: Another Crack at Benefit CorporationsThe 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.
Real Property Probate and Trust Law Blog Gun Trusts: Why Your Clients Need OneInterest 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.
Real Property Probate and Trust Law Blog Condo Ownership: Testing the Limits of Wisconsin LawsCondominium 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.
Environmental Law Section Blog Implementing Wisconsin’s New Multi-Discharger Variance for PhosphorusThe 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.
Litigation Section Blog Sanctions for Failure to Admit - A Toothless Beast?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?
Environmental Law Section Blog Wisconsin Assembly Ponders Significant Changes to Chapter 88 Drainage LegislationThe 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.
Business Law Section Blog Risk and Governance Issues for Midsize CompaniesWhile 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.
Real Property Probate and Trust Law Blog Trump’s Tax Plan is ‘Yuuugge’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.
Business Law Section Blog You Snooze, You Lose: The Doctrine of Laches in Trademark EnforcementA 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.
Litigation Section Blog Objections to Form, Foundation, and Instructions Not to Answer: Do You Know the Deposition Rules?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.
Business Law Section Blog Big Changes on the Horizon for Wisconsin Rulemaking ProceduresThe 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.
Real Property Probate and Trust Law Blog Feeding Wildlife in Wisconsin: DNR and Court of Appeals at Odds over LegalityA 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.
Construction & Public Contract Law Section Blog Right to Work in Wisconsin: Two Years Later Is It Old News?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.
Environmental Law Section Blog Earth Day Reflections on Wisconsin’s Conservation HistoryIn 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.
Environmental Law Section Blog Welcome to the Environmental Law Section BlogThe 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.
Litigation Section Blog Is Mandatory Mediation Losing Its Efficacy with Frequent Players?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.
Business Law Section Blog Recent Law Reins in Delaware’s Infamous Escheats LawOn 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.
International Practice Section Blog Countering Human Trafficking in TanzaniaWisconsin 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.
Litigation Section Blog Requesting Electronic Medical Records in a ‘HITECH’ AgeThe 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.
Labor & Employment Blog Happy Hour Not So Happy for EmployersEmployees 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.
Construction & Public Contract Law Section Blog Prevailing Wage Law and Mineral Aggregates and Material ProcessingTo 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.
Labor & Employment Blog Employers and Social Media in the WorkplaceSocial 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.
International Practice Section Blog Immigration Order Update: The Chaos Is Not OverWhen 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.
Construction & Public Contract Law Section Blog Changes to Wisconsin’s Prevailing Wage Rate Now in EffectCompanies 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.
Business Law Section Blog Business Court Docket Pilot Program on the Horizon in WisconsinThe 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.
Labor & Employment Blog How Should Employers Respond to Trump’s Muslim Ban?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?
International Practice Section Blog Anticipating the Trump Administration’s Impact on Immigration LawBenjamin 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.
International Practice Section Blog Practical Tips on Compliance Reviews for Clients with Overseas OperationsConducting 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.
Litigation Section Blog Worker's Comp Refresher for the Casual PractitionerBeth 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.
Business Law Section Blog Cybersecurity Risks: The Latest Guidance from Bank ExaminersRecent 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.
Dispute Resolution Section Blog Converting Calls to Mediation ClientsYou 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.
International Practice Section Blog Audit Your Brands – An Essential Part of International Legal AdvisingIn 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.
International Practice Section Blog Cost Savings for U.S. Manufacturers via the Miscellaneous Tariff BillThe 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.
Construction & Public Contract Law Section Blog Pithy and Instructive Indemnification Guidance for Contractors and InsurersYou 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.
Business Law Section Blog The Defend Trade Secrets Act of 2016: A New Federal Civil Cause of Action for Trade Secret TheftThe 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.
Business Law Section Blog Welcome to the Business Law BlogThe Business Law Section has established a new blog to provide its members with valuable information on issues important to attorneys engaged in business law.
Litigation Section Blog UIM Practitioners Beware – “Duplicate Payments” May Reduce the Claimant’s BenefitsAttorneys 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.
Litigation Section Blog To Sue or Not to Sue? A Case for Alternative Dispute ResolutionIn 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.
Construction & Public Contract Law Section Blog The Construction Statute of Repose: More Hammer or Nail Today?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.
Labor & Employment Blog Affordable Care Act Update – How to Buy Group Health Insurance in 2016The 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.
International Practice Section Blog Changes to U.S. Visa Waiver Program Will Affect Some International TravelersThe 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.
Litigation Section Blog Professionalism and the Art of CivilityThe 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.
Construction & Public Contract Law Section Blog Welcome to the Construction and Public Contract Law Section BlogThe 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.
International Practice Section Blog Wisconsin Lawyer Trains Liberian Lawyers to Counter Human TraffickingWisconsin 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.
International Practice Section Blog Welcome to the New International Practice Section BlogWe’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.
Litigation Section Blog HITECH: Low-cost Electronic Medical RecordsUnder 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).
Taxation Law Section Blog Wisconsin Legislature Eases Sales Tax Burden on NonprofitsIn 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.
Taxation Law Section Blog The Taxation Section Blog: Welcome!This blog is designed to deliver the latest news, practical advice, and valuable resources that focus on tax matters.
Litigation Section Blog Email Preservation at the State Department: Electronic Discovery Lessons for LitigatorsThis 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.
Litigation Section Blog Welcome to the New Litigation Section BlogThe 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.
Labor & Employment Blog Wisconsin Lays the Groundwork for Donning and Doffing CompensationIn 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.
Labor & Employment Blog Eligibility for Health Insurance Can Be Tied to Participation in a Wellness PlanA 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.
Labor & Employment Blog Federal Court Rejects NLRB’s Recently Adopted Solicitation Standard, Criticizes NLRB’s ReasoningAlthough 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.
Labor & Employment Blog Breaking the Chain of the Cat’s Paw TheoryIn 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.
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