News & Pubs Archive

Many closely held businesses elect S corporation status without realizing how easily that election can be invalidated. Madeline Schmid discusses how inclusion of certain tax provisions in an operating agreement can invalidate or terminate an S election.

A statute that granted broad immunity to health care professionals during the COVID-19 state of emergency and for 60 days afterwards constitutionally eliminated a cause of action for medical malpractice, the Wisconsin Supreme Court decided unanimously.

Jennifer O'Neill tells a story about a valuable family painting – and her thoughts when parents provide no instructions for valuable assets in an estate plan.

For the past several years, the use of AI hiring tools has been a hot topic, along with legal challenges to these tools alleging that their algorithms result in discriminatory outcomes. Kate O’Malley discusses a newly filed class action that takes a different approach to challenging AI hiring tools by alleging violations of the Fair Credit Reporting Act (FCRA).

Law school moves fast, and important opportunities can be easy to miss. This roundup highlights upcoming events, networking, and programs that can help law students connect with attorneys, find mentors, and start building their professional future now.

Navigating court as a nonbinary lawyer can mean constant micro-decisions about what to correct, what to let pass, and what to wear. Sage Kowaletti shares how they’ve built a professional approach to being visible – without letting identity overshadow clients’ needs.

Although a 4-3 majority of the Wisconsin Supreme Court agreed that the 12-year-old defendant had been in police custody in school, a unanimous court had different reasons for affirming the delinquency.

The recent Court of Appeals decision in State v. Mann-Tate highlights the insufficiency of the reverse waiver criteria under Wis. Stat. section 970.032. By contrast, Wis. Stat. section 938.18 allows courts to consider the unique attributes of youth identified by the U.S. Supreme Court. Eileen Fredericks and Abigail Hean discuss why Wisconsin should require cases to begin in juvenile court.

Gun laws are often the center of tense policy discussions, and that dynamic is no different in Wisconsin. Matthew Kline briefly discusses the latest push to make changes to Wisconsin’s concealed carry laws: permitless carry.

In Wisconsin, people operating all-terrain vehicles (ATVs) and utility terrain vehicles (UTVs) or who oversee livestock have important rights and duties on public roads.

There’s never enough time in the day to complete all you need to do in law school, let alone want to do. So how do you choose what to prioritize? Megan Neubauer discusses her order of priorities in law school, and why your health should be at the top of that list.

Observation bridges the gap between theory and practice, and helps students understand how lawyers think, act, and adapt in their practice. Law student Dayna Erickson discusses why learning from talented litigators is vital, and that learning opportunities are the blueprint for future practice.

Commercial law requires more than legal knowledge alone. Drawing on lessons from private practice and in-house work, James Wawryzn offers eight tips for developing industry knowledge, communication skills, relationships, and strategic judgment in commercial law.

Law school moves fast, and important opportunities can be easy to miss. This roundup highlights upcoming events, scholarships, and programs that can help law students connect with attorneys, find mentors, and start building their professional future now.

Emily Kelchen reflects on a visit to the site of the Scopes "Monkey" Trial, exploring the restored courthouse and the town’s preserved history. She explores how a community once defined by national ridicule now presents itself with pride, hospitality, and a more complicated view of the trial’s lasting legacy.

The rapid rise of large-load demand has intensified debates about how utilities and regulators should plan for the future. Elizabeth Wheeler explores integrated resource planning as a tool that could help Wisconsin address growth, improve stakeholder participation, and better align cost, need, and reliability.

A 6-1 Wisconsin Supreme Court majority held that a collection agent's "appropriate remedy" to a plaintiff for a Wisconsin Consumer Act (WCA) violation resolved the claim, stopping her intended class action.

AI scribes in medical appointments can make documentation easier, but they also raise tricky legal and operational questions. Stephane Fabus and Zachary Renier highlight the legal requirements and implementation steps that can reduce risk while putting AI tools to work.

When a client’s capacity is in doubt, filing and maintaining a divorce raises many questions about who has authority to sue and who can make required sworn statements. Margaret W. Hickey discusses why a power of attorney may not be enough, when guardianship may be necessary, and how the analysis shifts when the incapacitated person is the respondent.

A 6-1 Wisconsin Supreme Court majority recently set standards of review for the four Sell factors that evaluate the constitutionality of involuntary medication orders to ensure competency to stand trial, affirming the circuit court’s order.

Representing survivors of intimate partner requires trauma-informed skills and an understanding that Wisconsin’s legal definition of domestic abuse can limit available remedies. Rose Monhaut offers five practical tips to help attorneys support survivors as they take their next steps.

The CyberTip that resulted from Google’s scan, verified by an employee, for child sexual abuse material (CSAM) meant the Wisconsin law enforcement’s warrantless view fell within a private search, taking it out of Fourth Amendment limitations.

There’s no one-size-fits-all answer when it comes to choosing a business structure. Nancy Martinez Ramirez discusses the pros and cons of the most common business structures.

The OBBBA represents a significant recalibration of the federal tax framework with direct and lasting consequences for estate planning. Evan Y. Lin discusses what estate planning lawyers need to know about this act.

Via a case out of Shorewood, the Wisconsin Supreme Court may soon determine who may walk on beaches in Wisconsin. Edward Witte and Heidi Kennedy discuss the case that may also determine how robust the public trust doctrine remains in Wisconsin in the future.

There is a significant number of family law parties who don't hire lawyers, writes Paul Stenzel. It wouldn't be difficult for family lawyers to attract these folks – and if we don't, AI might fill the void.

The growing number of innovative digital technologies and remote processes in the field of clinical research offer more Wisconsin residents easier access to participating in clinical trials. Katalin Vinkler discusses the current legal and regulatory framework of clinical trials, including applicable U.S. Food and Drug Administration guidance and key aspects of the informed consent process.

Employee handbooks are rarely, if ever, a “one and done” effort for employers, as employment-related laws and regulations are often subject to change, whether in the form of new laws, amendments, or evolving interpretations. Jessica Simons lists tips for getting employee handbooks into shape – based on best practices, recent agency enforcement efforts, and changes in the law.

Volunteering for pro bono work not only provides you with the opportunity to offer life-changing help for the clients, it can also accelerate your development as an advocate. Nate Oesch talks about the opportunities that are available for Wisconsin lawyers for pro bono work and highlights why it should be a regular part of your practice.

Parental incarceration is not merely a background detail – takes an emotional toll on their children and frequently manifests in behavioral and mental health concerns. Sarah Bondar discusses some practical tools to use in your daily advocacy practice whenyour client is a child with a parent who is incarcerated.

The summer recruitment landscape is rapidly changing at law schools across the nation. For 1Ls at UW Law, it’s reshaped the already notorious first semester of law school.

Law enforcement could view, without a warrant, a video with suspected child sexual abuse material (CSAM) flagged by Snapchat because the look only confirmed the video was CSAM, providing no more information than the private search.

Modern neuroscience has completely transformed what we know, and how we should view, our nation’s youth. Johner Allison explores how developmental research on impulse control, risk analysis, and decision making should reshape the way we think about disposition and sentencing for our young clients.

Law school moves fast, and opportunities can be easy to miss. This roundup highlights upcoming events, programs, and ways for law students to connect with practicing lawyers outside law school.

Wisconsin's physical placement statute directs courts to maximize time with each parent while keeping the child's best interests at the center of every decision. Brad C. Schweiger explains why that flexible, individualized approach better serves families than a rigid presumption of equal placement.

The ‘Just the Facts’ blog has information relevant to Wisconsin law students, provided by the State Bar of Wisconsin. Here’s more information about this new blog.

Reentry Legal Services (RLS) of Legal Action of Wisconsin helps formerly incarcerated people secure essential benefits to reduce barriers to successful reentry. Heidi Mangelsen talks about the numbers and impact for the 2025 fiscal year.

Not all health care fraud investigations and enforcement actions are the same. Rather, just as health care fraud can surface on the government’s radar in a variety of ways, resolving these investigations can also take different routes, writes Kristen Nelson – and an attorney’s response can make a tremendous difference in how a matter is resolved.

Networking is the single best tool we attorneys have in our marketing toolbelt. John K. Scott explains why and offers three tips for effective networking – even for introverts.

A First Amendment claim against the Wisconsin Department of Transportation after it denied a vanity plate for "RD RRAGE" failed because license plates are government speech, a Wisconsin federal district court has ruled.

Regardless of a lawyer's area of practice, lawyers are likely to encounter a scenario where a client wants to form a legal entity. Oftentimes, that legal entity is an LLC. Nadelle Grossman cautions that lawyers must always be mindful of state and federal securities laws when forming the legal entity with their clients.

Work injuries in Wisconsin often involve workers’ compensation, the ADA, FMLA, and disability law at the same time. Naomi Swain shares practical strategies for attorneys on timing, medical records, managing light-duty work, and preventing retaliation.

Although still in the early stages, a proposed green amendment could significantly reshape environmental litigation in Wisconsin. Evan Steck reviews how courts in Pennsylvania, Montana, and New York have grappled with similar constitutional provisions andwhat those experiences suggest for Wisconsin.

As reliability pressures mount across the region, the Midcontinent Independent System Operator and the Public Service Commission of Wisconsin are using the Expedited Resource Addition Study to accelerate projects that address urgent resource adequacy needs. Patrick Proctor-Brown and Dominique Fortune explain how this process works and what it means for utilities seeking timely interconnection.

Many parents enter family court believing that 50/50 placement is the default, but Wisconsin law and case decisions tell a very different story. Haley Bjorn explains how courts balance statutory directives, case law, and best-interest factors to reach individualized placement outcomes.

The Safe Place Statute requires employers to adopt methods and processes to keep employment and places of employment safe. Although limited case law discusses the extent of this duty, the Wisconsin Legislature has never removed the requirement from the requirement from the statute. Adam Roznowski and Ashley Schutt explain why practitioners should revisit this often overlooked duty.

When a project is hit by overlapping delays, traditional pricing methods can fall short. Kevin Long explains why the Total Cost Method may offer a path to recovery even without a Wisconsin case expressly adopting it.

Cities, villages, school districts, and utilities across Wisconsin routinely rely on AIA forms for public construction projects, assuming the documents are balanced. In practice, they are not. Scott Smith highlights five terms municipalities should revisebefore signing construction contracts – and offers sample language for each.

Case law on computer and smartphone searches guided the Wisconsin Court of Appeals in what it described as a first-in-the-nation case about how Warrant Clause requirements of probable cause and particularity apply in searches of smartphones.

For busy elder law and special needs attorneys, one of the biggest challenges is how to limit the work they take on and not get overwhelmed. Benjamin Wright discusses what most attorneys do and his own alternative approach.

Settlement checks can unintentionally jeopardize SSI and other public benefits your client relies on. Bradley Yanke explains how to spot these issues early and when to consider tools like special needs trusts.

Taking a moment to say thank you and reconnect with what is going well is a great way to reduce your anxiety and elevate your positivity. WisLAP Member Coordinator Cara Lamusga highlights the power of WisLAP volunteers and invites you to try small gratitude practices that can make a big difference.

When colleagues reach out to you to just talk through something, they're not showing weakness. They're showing wisdom. As a thank-you to those who have helped her in her legal career, Teresa K. Kobelt talks about how we are all better lawyers when we’re not alone.

The 'Just the Facts' blog has information relevant to Wisconsin law students, provided by the State Bar of Wisconsin. Here's more information about this new blog.

In their role, attorneys can secure long-term relationships as trusted advisors and help health care providers in independent practice avoid painful missteps. It’s time to dust off the concept of a “counselor at law,” says Angela Rust.

A hemp processor’s products alleged with as much as 40 times the legal limit for delta-9 THC resulted in a controlled substances criminal charge – not a hemp grower regulatory violation requiring administrative referral for criminal prosecution.

Jonathan P. Nagy talks about why you don’t need to sweat mediocre grades in law school. There’s another way to boost your job search success: get all the practical legal experience you can before you graduate.

From courtroom demeanor to expert clarity to the power of a well-placed banana, jurors had a lot to say about what works at trial. Defense litigator Heather Nelson shares their frank reactions and her own takeaways when she spoke with jurors from two of her trials.

A current case before the Wisconsin Supreme Court speaks to remedies for tenants when landlords omit required provisions in their lease agreements, making them void and unenforceable. Sam Hutchison discusses the case and arguments made on each side regarding the proper remedy.

Hudson’s Bay lasted 355 years. General Motors restructured. Most small businesses won’t last a decade – but many can be saved. J. David Krekeler discusses how lawyers can help their business clients can turn financial crisis into a second chance.

Lawmakers have introduced a bill in both houses of the Wisconsin Legislature to legalize and regulate medical marijuana. Clyde Tinnen discusses the bill’s provisions, including proposed licensing requirements, legal protections, and whether businesses arerequired to accommodate medical cannabis use.

One word rendered unconstitutional three parts of a statute governing the ability to recommit an individual found not guilty by reason of mental disease or defect because due process requires a finding of dangerousness.

The Brown County Circuit Court grappled with unsettled Wisconsin law and reached an unconstitutional conclusion, the Court of Appeals held, because separate allegations of abandonment require jury instructions and verdict forms for each one.

Understanding the Individuals with Disabilities Education Act (IDEA) helps lawyers better support children involved in the court system. Megan Norris explains the core components of IDEA – from Child Find and FAPE to IEPs and manifestation determinations and how legal professionals can advocate effectively for students with disabilities.

Pests in rental housing are more than a nuisance – they threaten health, safety, and a tenant’s ability to fully use their home. Mitchell Yurkowitz highlights how Wisconsin statutes place the duty on landlords to address infestations and what options tenants have when landlords fail to act.

Will your health care clients be ready when Advanced Practice Registered Nurses (APRNs) gain independent practice rights in Wisconsin next fall? The Wisconsin APRN Modernization Act brings regulatory uncertainty and structural changes that attorneys should begin addressing now, writes Adam Witkov.

A high school visit from the Iowa Supreme Court offers a reminder of how courts can build public trust through visibility and engagement. Trent Kubasiak reflects on the importance of bringing the judiciary closer to the people it serves.

Family lawyers often face their clients’ mental health crises and their own. Angela Olson proposes a practical solution: formal mental health training in law school.

AI-generated contracts may look convincing but often contain gaps, contradictions, or unenforceable provisions. William Wallo outlines the risks and offers practical strategies for lawyers to safeguard their clients – even when it is the client's own AI-generated contract.

A defendant's claim of constitutional violation from two criminal statutes covering similar facts, one of which set a mandatory minimum sentence, failed because no case limits prosecutorial discretion even if it could create a penalty for going to trial.

Children are at their most vulnerable legal juncture after a court grants a termination of parental rights. However, it is during this part of the process that a child’s wishes are left unheard. The Children and the Law Section Board intends to propose a change to Wis. Stat. chapter 48 to create a statutory right for children to propose a change of placement, or object to a placement proffered by the agency.

FinCEN has created new regulations affecting certain residential real estate transactions that take effect later this year. Violations potentially carry severe penalties. Real estate attorneys need to familiarize themselves with these regulations.

The defendant granted access to his apartment because police said they needed to search for a missing child, but once police entered, they began digging in drawers and a duffle bag for evidence of drug distribution, justifying suppression of the evidence.

The One Big Beautiful Bill Act, now enacted as H.R. 1, impacts a number of health care programs. Christine Huberty discusses the effects the new law will have on the Medicare program and its beneficiaries.

Personal jurisdiction is a prerequisite to bringing suit against any defendant including in the age of remote work. Nicholas Watt discusses the issues and consequences that impact a Wisconsin employer’s ability to sue former remote employees.

Five years after stepping back from full-time practice, Paul Sturgul reflects on an unexpected path: returning to litigation in guardianship cases, advocating for elder rights, and balancing professional service with personal pursuits.

The Opportunity Zone program has been significantly revised by the One Big Beautiful Bill Act. James Wawrzyn explains how these changes will affect lawyers who advise real estate professionals and investors.

The University of Wisconsin's policy for removing comments "off-topic" from Facebook and Instagram posts violated a frequent commenter's First Amendment rights in a government's limited public forum.

A “Denny witness,” on the witness list and after cross-examination began, resulted in a mistrial lacking “manifest necessity” – making a retrial unconstitutional double jeopardy.

A well-drafted estate plan can fail without proper implementation and asset funding, leaving clients’ wishes unfulfilled. Jeffery Drach shares practical steps attorneys can take to guide clients through implementing their plan.

When a case advances to trial, litigators should be prepared from both a substantive and logistical standpoint. Cristina M. Kerr discusses tools to prepare for trial, including components of a trial box or trial notebook, and how to prepare these materials for the start of a case.

Even with corroborating DNA and video evidence, the administrator’s reversal of revocation survived certiorari review without testimony from the sexual assault victim.

Two opinions with different analyses affirmed the Court of Appeals, which denied a challenge to a restricted controlled substance (RCS) conviction that was reinstated after the defendant succeeded in reversing an OWI conviction from the same trial.

A domestic violence victim had enough fear for her safety that her intoxicated driving started under the coercion defense, but after she left her home, she could not reasonably believe no other safe options existed, the Wisconsin Supreme Court held.

Relentless delays prevented Luis A. Ramirez from trial for 46 months – but only 14 months after his first speedy trial request. Most causes for delay the Wisconsin Supreme Court determined, were “neutral.”

The One, Big Beautiful Bill Act attempts to deliver on President Trump’s campaign promise of “no taxes” on employee tips and overtime wages. Martin C. Kuhn examines the law’s impact on employees, which is not quite as promised but perhaps better than youthink.

A 4-3 majority found that multiple statutory enactments wiped out Wisconsin’s abortion law from 1849, but one dissent challenged the majority’s legal analysis and dissenting justices consistently described the majority as usurping the Legislature’s role.

DEI provisions in credit agreements may now carry legal risks under shifting regulatory interpretations. Patricia Lane, Jeremy Polk, Nicholas Faleris, and Corrie Osborne examine the history of these provisions and why a legal review is now necessary.

Wisconsin's bipartisan Federal Nominating Commission, which recommends individuals for federal judicial appointments to the U.S. Senators from Wisconsin, recently submitted a list of five lawyers and judges for the U.S. Court of Appeals for the Seventh Circuit.

Jacob Haller reflects on the 2025 State Bar of Wisconsin Annual Meeting & Conference (AMC) in Madison, where lawyers gathered to navigate rapid changes in law and technology, especially the rise of artificial intelligence in legal practice. Amid disruption, the conference provided a crucial space for connection, learning, and collaboration across the profession.

Projects can “go sideways” when the parties have differing expectations or miscommunicate. James Dash explains how lawyers can help clients avoid disputes by managing expectations early in contract negotiations.

A 4-3 Wisconsin Supreme Court majority concluded that five statutes giving the Legislature's Joint Committee for Review of Administrative Rules power to stop administrative rules violated bicameralism and presentment constitutional limits.

Although all seven Wisconsin Supreme Court justices agreed that Act 10 ended collective bargaining requirements for the University of Wisconsin Hospitals and Clinics Authority, concurrences sparred about how to interpret statutes.

Wisconsin’s metering rules, originally intended to promote conservation, now pose challenges for apartment developers seeking to install rooftop solar. Grant Snyder explains how the Public Service Commission is updating these rules and what developers need to know to qualify for new exemptions.

Housing is a critical and fundamental social determinant of health, which directly impacts physical and mental health. Brittany D. Schoenick discusses the rights and responsibilities landlords and tenants have in Wisconsin to ensure healthy housing for families and communities.

The Wisconsin Supreme Court concluded that Wisconsin Department of Natural Resources (DNR) statements naming PFAS chemicals as hazardous substances under the Spills Law were guidance documents, not unpromulgated regulations.

The Wisconsin Supreme Court agreed that the Court of Appeals erroneously reversed a class certification based on arguments of substantive merit, which are not a part of certification.

In a unanimous decision, the Wisconsin Supreme Court held that Gov. Tony Evers exceeded his veto authority by using partial vetoes for a bill that didn’t appropriate funds.

A unanimous Wisconsin Supreme Court reversed the court of appeals in holding that a statute requiring Joint Committee on Finance approval on settlement agreements in civil cases undertaken by the Attorney General unconstitutionally violated separation of powers.

Without clearly documented terms, disagreements can easily arise around critical issues when a business partnership exists via an oral agreement. Lanre Abiola discusses the necessary components of a written business partnership agreement.