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Wisconsin Lawyer
The Official Publication of the State Bar of Wisconsin
January
2023
Volume
96
Number
1
Features
Civil Litigation Series
Discovery from Cell Phones in Civil Cases
Almost everyone has a cell phone, and many people use their phones even when doing so is not advisable. Cell phones hold a great deal of personal data that could be relevant in any legal proceeding. Civil litigators might find much relevant evidence in the phones of parties and others involved in their cases.
By Matthew C. Lein
Civil Litigation Series
In a Wrong Place at a Wrong Time: Data Breach Victims and Their Standing to Sue
This article examines how data breaches harm, how courts grapple with them, and how the Supreme Court's decision in Transunion v. Ramirez may shape what harms qualify as "concrete" under Article III.
By Alex Phillips
Arbitration: The Pros, the Cons, and the Best Fit
Explore the advantages and disadvantages of arbitration compared to litigation based on the goals of fair and efficient procedure, correct results, and minimizing adverse collateral consequences of the dispute resolution process; and the criteria that should govern the choice between those dispute resolution modes.
By Charles H. Barr
Opinions, Voices & Ideas
President's Message
DEIA Knowledge Prepares Lawyers to Provide Justice to All
Margaret Hickey says intentional education about diversity, equity, inclusion, and access is vital for lawyers to practice competently.
Your State Bar
Your Leadership Makes a Difference – Run for the Board of Governors
Larry Martin says the beginning of a new year is an ideal time to resolve to contribute to the legal profession, by running for a leadership position with the State Bar of Wisconsin. Submit BOG nomination petitions by March 1, 2023.
Technology
Pick Your Winner: 2023 Smartphone Roundup
This year's smartphone lineup, compiled by James Pearson, reveals a focus on camera quality, larger screens, better battery life, and a shift away from offering free phones.
Solutions - Civil Litigation Series
Trending Topics in Business Litigation
Michael Cohen says lawyers who represent business clients will benefit from learning more about trending topics in business litigation and dispute resolution.
Practice Management
Pandemic Rule for On-Demand CLE Credits Expires Jan. 31, 2023
At the start of the pandemic, the Wisconsin Supreme Court issued a temporary rule that allowed attorneys to obtain almost all continuing legal education credits on demand. That rule expires at the end of January. Jeff Brown and Joe Forward explain what you need to know to obtain and report CLE credits for the 2021-22 reporting period and beyond.
Ethics
'Cc' and 'Bc' When Emailing to Opposing Counsel Still Not a Good Practice
To reduce the likelihood of opposing counsel communicating directly with the client, Dean Dietrich advises sending yourself copies of email communications with opposing counsel and then forwarding the communications to your client.
FInal Thought
Final Thought: A Final Thought
Joe Forward reflects on a near-death experience and says a new year is a new opportunity to make changes for the better, whatever they may be.
Also Inside
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Supreme Court Digest
Court of Appeals Digest
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Jan 10, 2023
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