In 2020, the federal 340B Drug Pricing Program experienced an upheaval after some manufacturers cut the number of contract pharmacies obtaining drugs at a lower price and federal Health Resources and Services Administration Office of Pharmacy Affairs stepped up its enforcement authority. Richard Davis discusses the program, the surrounding litigation, and what’s next.

Jul. 07, 2021

Legal Research 101: Resources for Disability Law

From the Americans with Disabilities Act to the Rehabilitation Act of 1973 and a variety of Wisconsin statutes, there are many resources that define and outline the rights of those with disabilities. This is a guide to online resources for those researching disability cases.

Jun. 04, 2021

American Dream Turned Nightmare: Liability for Undisclosed Defects in Real Estate Sales

Damage caused by defects that a home's seller knew about but did not disclose can be a nasty surprise. Sellers, buyers, real estate agents, home inspectors, and contractors all have responsibilities to look closely and carefully at any property whose purchase they are involved with.

Jun. 04, 2021

The Legal Treatment of Vaccine Injury Claims

Claims alleging injury from vaccines must be brought in specialized federal tribunals. Learn about the current legal treatment of vaccine injury claims, including claims related to COVID-19 vaccines, and the statutory processes applicable to them.

Feb. 17, 2021

Tip of the Iceberg: Opioid Litigation and Wisconsin's Latest $573 Million Settlement

The nationwide opioid litigation has and will reap billions of dollars in settlements funds, much like the tobacco litigation settlements of the 1990s.

Feb. 03, 2021

Small Businesses Hit by COVID Get Free Legal Help from Wisconsin Lawyers

The State Bar of Wisconsin Business Law Section has launched Small Business Assistance, a project offering free legal advice to Wisconsin small-business owners.

Feb. 03, 2021

Get the Word Out! Free Legal Help for Wisconsin's Small Businesses

In this video, Trish Lane and Nadelle Grossman discuss the Business Law Section's Small Business Assistance Project to help struggling small businesses in Wisconsin.

Jun. 03, 2020

The New Wave of Litigation: An Early Report on COVID-19 Claims

The authors identify practice areas in which cases related to the COVID-19 outbreak have been or are likely to be brought, including employment, consumer, personal injury, and insurance law.

May 22, 2020

Protecting Yourself from Pandemic Fraudsters

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

May 06, 2020

Referral Service Connects Lawyers with Clients in the Age of Coronavirus

In the age of the coronavirus, the State Bar's Lawyer Referral and Information Service (LRIS) is a great way to expand your practice and bring new clients to your (virtual) doorstep. Join now and get May and June free.

Apr. 07, 2020

Helping Clients in Nursing Homes and Assisted Living Facilities

Lawyers can help older individuals and their families by advising on selection of a long-term care facility and encouraging residents and family members to monitor the quality of care received in facilities.

Mar. 09, 2020

The Face of Elder Financial Exploitation

In Wisconsin, financial exploitation is the largest category of elder abuse after self-neglect. This article looks at certain vulnerabilities among older clients, along with options and resources to address them, especially through drafting and statutory provisions for financial powers of attorney.

Mar. 09, 2020

Financial Elder Abuse: Returning Control to Victims

Representing older clients in financial abuse cases requires the readiness to act quickly but also the recognition that traditional law enforcement and judicial system responses might not be appropriate. Here are considerations and steps to take when investigating and remedying financial abuse of an elder.

Jun. 05, 2019

Emerging – Help Your Clients Navigate the New Hemp/CBD Industry

Changes to state and federal law means hemp is now a legal agricultural crop instead of an illegal controlled substance. Collin Schaeffer highlights several issues lawyers will be called to figure out in this new legal landscape.

Apr. 19, 2019

On Our Radar
Alcohol Sales: Can Online Retailers Sell Directly to Consumers?

Aaron Gary says a soon-to-be-decided U.S. Supreme Court case may significantly affect Wisconsin’s alcohol distribution system.

Mar. 20, 2019

Tip of the Month:
The Senior Medicare Patrol and Protecting Clients Against Medicare Fraud

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

Feb. 20, 2019

E-Cigarettes: Increasing Usage Among Teens Triggers Regulation, Lawsuits

Regulation and lawsuits take aim at e-cigarette makers, alleging marketing efforts have targeted young populations and contributed to a new class of nicotine addiction.

Feb. 14, 2019

Rise of the Machines: Wearable Technology in the Workplace

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

Feb. 12, 2019

Solutions
Getting Paid: Trends You Need to Know

Whether to accept online payments is no longer a question. Amy Mann gives the whys and hows for reducing friction in billing and payments processes.

Oct. 18, 2018

Equally Liable: Credit Cards and Consumer Lending in a Community Property State

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

Jul. 18, 2018

Sea Change:
No More Great Weight Deference to Administrative Agencies

The Wisconsin Supreme Court recently ended its practice of deferring to state agencies' conclusions of law. But fractured opinions will leave practitioners to decipher the code.

Jul. 18, 2018

Good News, Bad News: $373K Reimbursed for Lawyer Theft

The Wisconsin Lawyers' Fund for Client Protection Committee reimbursed 19 victims of lawyer theft over the past year.

May 02, 2018

Landlord-Tenant Law: Changes Under New Wisconsin Act 317

A new landlord-tenant bill was recently signed into law. Major changes relate to assistance animals, electronic delivery of certain documentation/information, emergency assistance, waiver and more. In this article, Tristan R. Pettit explains.

May 01, 2018

Supreme Court Divided on Nexus for Internet Sellers

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

Nov. 01, 2017

As I See It
Trouble by Design: Recreational Immunity Statute a Barrier to Justice

Jim Rogers argues the results of many judicial decisions have encroached on the right of injured plaintiffs to obtain remedies when they are harmed by negligent acts.

Nov. 01, 2017

Solutions
Tough Conversations: When Medicaid Planning Goes Wrong

Avery Mayne’s tips for talking to clients whose previously obtained legal advice has not gone as desired will help lawyers in client conversations in a variety of difficult situations.

Oct. 17, 2017

Lender Transfers Insufficient to Show Ownership of Auto Loan Debt

The last in a line of successive companies that acquired auto loan debt portfolios failed to establish ownership of a specific debt with sufficient evidence for summary judgment against the individual debtors, a state appeals court has ruled.

Oct. 01, 2017

Recreational Liability: Plaintiff-friendly Standards Remain

The Wisconsin Supreme Court’s 2016 decision in Roberts v. T.H.E. Ins. Co. shows that the justices disagree on the limits of the recreational liability statute, but overall their standards still favor injured parties, especially in situations in which waivers are deficient, in substance or process. The author discusses challenges practitioners face following Roberts and offers practice tips.

Sep. 20, 2017

Access to Justice: A New Regulatory Approach to the Virtual Legal Marketplace?

Oregon is addressing an access to justice problem with regulatory rule changes that embrace the virtual legal marketplace, including providers like Avvo. Other states have gone the opposite direction, issuing ethics opinions prohibiting such engagement. Wisconsin has not yet issued a formal position via ethics opinion or otherwise.

Sep. 05, 2017

Funeral Home, Cemetery Anti-Combination Laws Survive Challenge

So-called “anti-combination” laws that prohibit joint ownership and operation of a cemetery and a funeral home withstood a constitutional challenge recently, as a state appeals court has ruled the law has a rational basis.

Sep. 01, 2017

Top Consumer Complaints …
And What Agency Watchdogs Say You Can Do About Them

Every year, many Wisconsin residents contact the state with complaints about negative consumer experiences. This article sketches out the state’s consumer protection apparatus, identifies the most common types of complaints, and suggests best practices for consumers to work out disagreements with businesses.

Sep. 01, 2017

Navigating Wisconsin’s Consumer Protection System

The sheer scope and complexity of consumer law is daunting for consumers and practitioners. Consumer protection provisions are scattered among many different statutes and administrative code chapters, but the responsibility for enforcing them rests among several administrative agencies, often with overlapping jurisdiction. Here is an overview of Wisconsin consumer protection laws, and the regulatory agencies responsible for them.

Sep. 01, 2017

How to Privately Enforce Consumer Laws

Our justice system needs competent lawyers willing to pursue consumer law claims for individuals who have been victimized by predatory economic practices. Here is a look at a consumer law practice, federal and state consumer protection laws, and how lawyers can obtain an award of attorney fees based on the fee-shifting provisions in consumer protection statutes.

Sep. 01, 2017

Editor's Note
A Focus on Protecting Consumers

This issue centers on consumer protection, says Erik Guenther, and looks into unfair, deceptive, and fraudulent business practices and how lawyers can help address them.

Sep. 01, 2017

101
Timeshare Sales: A Consumer Protection Perspective

Mary Fons provides an introduction to timeshares, describes a typical hard-sell sales presentation, and reviews effective statutory remedies lawyers can use to obtain relief for those defrauded.

Sep. 01, 2017

Managing Risk
Caution: Consumer Protection Law Is Complex

Tom Watson says lawyers preparing to practice in consumer protection should steep themselves in the law of the particular focus area, such as auto fraud, home improvement, debt collection, and more.

Sep. 01, 2017

Solutions
Fair Debt Collection: The Search for the Least Sophisticated Consumer

To determine if communications with debtors comply with the law, Brandon Bowlin says lawyers should understand the Fair Debt Collection Practices Act and the least sophisticated consumer standard.

Sep. 01, 2017

Final Thought
After the Money’s Gone – It’s Too Late

The most effective consumer protection, says Frank Sullivan, consists of preventing people from being fleeced in the first place.

Aug. 08, 2017

The Department of Labor Fiduciary Rule is Here – Sort of

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

Jul. 05, 2017

Summer in Wisconsin: Resources for Tourism and Hospitality Law

Fishing, boating, camping, festivals and concerts, cooling off at a water park – all usual activities of summer in Wisconsin. But what happens when something goes wrong? Here are resources to help with your research into tourism and hospitality law.

May 01, 2017

As I See It
Out of Sync: Assistive Reproductive Technology & Parentage Law

Advances in assistive reproductive technology are giving new options for parentage to individuals who are in same-sex marriages, are dealing with infertility, or both. But Wisconsin law is not keeping pace. To resolve disputes when a surrogacy agreement falls apart and grant parent status, the author proposes that Wisconsin courts use an “intended-parent” test.

Dec. 14, 2016

No Injury, No Standing: Court Rejects Claim Under Credit Card Transactions Law

Jeremy Myers really wants someone to pay for violating a federal law that requires merchants to block out the last five digits of a credit card number on receipts. But a federal appeals court has ruled against Myers for the second time in three months.

Sep. 13, 2016

Tribe Immune from Lawsuit Alleging Violations of Credit Card Transaction Law

Federal law prohibits merchants from including credit card expiration dates and full credit card numbers on receipts. But a lawsuit alleging violations by the Oneida Tribe of Indians of Wisconsin may not proceed, on immunity grounds.

Jul. 20, 2016

Rental Car Law: Considerations Before You Hit the Open Road

July 20, 2016 – From expired plates to complex insurance issues, the rental car experience could lead down a road of problems. Be informed before you put the pedal to the metal.

Jun. 01, 2016

Sorry, Wrong Number: Auto-dialed Customer Calls

Businesses that use automated telephone dialing must examine their dialing systems and customer-intake processes to ensure they comport with federal regulations and to shield themselves from potentially major liability.

May 09, 2016

Appeals Court Rejects Accord and Satisfaction Argument in Lemon Law Case

A commercial truck manufacturer must pay double damages of $200,000 and another $200,000 in attorney fees for violating Wisconsin’s lemon law, a state appeals court has ruled, rejecting an “accord and satisfaction” argument.

Apr. 20, 2016

Download End-of-Life Planning Guide and Start That Conversation with Clients and Family – Available Free Through April 29

Don’t keep your loved ones in the dark about your end-of-life wishes. Download the State Bar’s planning guide, free to download through April 29.

Apr. 20, 2016

Keep Businesses Running Smoothly – Down the Street or on the Web – with the Newly Revised Commercial and Consumer Transactions in Wisconsin

Help your 21st-century business clients thrive with advice on time-tested statutes, evolving case law, and cutting-edge technology, using the newly revised Commercial and Consumer Transactions in Wisconsin from State Bar of Wisconsin PINNACLE.

Apr. 06, 2016

Legal Research: Exploding Airbags and Undeclared Allergens – Locating Resources for Vehicle and Consumer Product Recalls

Dealing with shrapnel-shooting airbags, faulty ignition switches, or unsafe child car seats? You can find a wealth of information about vehicle and consumer produce recalls on federal regulatory websites.

Apr. 01, 2016

State Law Preempts Municipal Property Inspection Ordinances

The Wisconsin Statutes now prohibit local governments from imposing or enforcing time-of-sale requirements on the sale of real estate and other local ordinances affecting real estate transactions. Because the old requirements remain on the books, and appear on the mandated offer to purchase form, lawyers must ensure buyers and sellers are on the same page.

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