Opinions, Voices & Ideas

Also Inside

Jan

2023

- 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.
- 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.
- 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.

Feb

2023

- Wisconsin Legal Trends 2023
- Twenty-five Wisconsin lawyers and others in the legal profession weigh in on trends in 17 practice areas as well as law firm marketing, office management, legal research, and employment.
- Security Is Top Priority for State Court System
- Two primary goals of the justice system are to protect individuals' rights and resolve disputes. Threats and violence to court system employees pose a special danger to society at large. The Wisconsin Supreme Court’s task force on court security will study and make recommendations about improving security in county courthouses and for active and reserve judges.
- As I See It
  Seven Days in June: The U.S. Supreme Court and a Constitutional Counterrevolution
- Two opinions issued by the U.S. Supreme Court in June 2022, Dobbs and Bruen, were notable because they signaled that a majority of the justices are ready to change the path of judicial lawmaking in the United States.

Mar

2023

- Powering Energy Transitions: Engaging Towns & Villages in Solar Developments
- The need for reliable energy sources is generally acknowledged, but not everyone agrees which types of power are the best or where generation facilities should be located. Lawyers can help local governments and community members who want their opinions to matter during energy-project development.
- Appellate Practice Series
  The Art of Advancing Wisconsin Constitutional Claims
- The Wisconsin Supreme Court finds most compelling constitutional arguments that consider constitutional text and historical evidence informing how that text was understood when it was adopted. Here is a four-step process for crafting persuasive arguments when advancing claims rooted in the Wisconsin Constitution.
- A Moving Compliance Target: Worker's Compensation Medicare Set-asides
- Lawyers who handle worker's compensation or personal injury matters should periodically review their settlement procedures, including settlement content, to ensure compliance with Medicare reimbursement policies.