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    Oct 15, 2021
    Criminal Law Section Blog

    A recent Bureau of Justice Statistics study says that most former prisoners are reconvicted of a new offense or are returned to prison within 10 years of their release. Michael O’Hear outlines the study’s results, which also say that, for those who avoid rearrest in the first three years, recidivism rates drop sharply over time.

    Oct 15, 2021
    WisBar Court Review

    The impeachment exception to the hearsay rule does not allow the state to use a defendant’s voluntary statement, obtained in violation of Miranda v. Arizona, during its case-in-chief, under a recent state supreme court decision.

    Oct 14, 2021
    WisBar Court Review

    The Court of Appeals District IV has reversed a circuit court ruling that a police officer illegally extended a traffic stop to administer field sobriety tests because he didn’t observe the driver driving, behaving or talking suspiciously.

    Oct 14, 2021
    WisBar Court Review

    The Wisconsin Supreme Court has issued another extension of a temporary order that allows court reporters to take depositions remotely.

    Oct 07, 2021
    Elder Law & Special Needs Section Blog

    Our section is not diverse – yet. We want to do more to change that reality. Iris Christenson, past section chairperson and the new diversity and inclusion liaison for the section, talks about the section’s immediate and proactive steps toward improving the section’s diversity.

    Oct 07, 2021
    WisBar Court Review

    A state appeals court has ruled that a restrictive covenant prohibits Door County landowners from converting their parcel into three, single-family units, concluding that the condominium declaration was an improper land division.

    Oct 05, 2021
    WisBar Court Review

    The First Amendment does not prohibit Congress from excluding businesses that offer live adult entertainment from the second round of the Paycheck Protection Program (PPP), the U. S. Court of Appeals for the Seventh Circuit has ruled.

    Sep. 30, 2021
    Construction & Public Contract Law Section Blog

    Drones can be useful tools in construction. In this article, John Schulze outlines the laws that govern drone flying and offers advice for their use in construction.

    Sep. 29, 2021
    Agricultural Law and Rural Practice Blog

    Analysis shows that there are fewer Chapter 12 farm bankruptcies filed this year. But does that actually mean bankruptcies are down? David Krekeler discusses the issue – and the new form of Chapter 11 known as Sub V.

    Sep. 29, 2021
    Public Interest Law Section Blog

    The Supplemental Nutrition Assistance Program (SNAP) is an underutilized benefit, especially for older adults. In this Tip of the Month, Christine J. Huberty discusses how you can help promote and destigmatize Wisconsin’s FoodShare program for this vulnerable population.

    Sep. 29, 2021
    Dispute Resolution Section Blog

    There are many different ways to achieve a mediation agreement. Nancy Mills suggests alternative ways for both parties to achieve desired results.

    Sep. 20, 2021
    Nonresident Lawyers Blog

    Physical property markers are powerful indicators of property law – and finding them is a hobby called “benchmarking.” Emily Kelchen points out how there are countless physical reminders of property law all around the U.S.

    Sep. 16, 2021
    Criminal Law Section Blog

    A woman predicted that her husband might try to kill her. Then, she died by poisoning. The husband was charged with the killing. Could the wife’s accusation “from beyond the grave” be used against him at trial? Michael O’Hear discusses the case that required the Wisconsin Supreme Court to make sense of a messy line of U.S. Supreme Court decisions on the Confrontation Clause.

    Sep. 15, 2021
    Labor & Employment Blog

    OSHA recently updated its guidance for COVID-19 prevention plans in the workplace. Janelle Schlosser discusses the new guidance and outlines six of its recommendations.

    Sep. 15, 2021
    International Practice Section Blog

    Although there may seem to be no neutral position when discussing recent U.S. troop withdrawal from Afghanistan, Ngosong Fonkem discusses an approach based on public international law principles.

    Sep. 15, 2021
    Children & the Law Section Blog

    The Fifth Circuit Court of Appeals recently determined the Indian Child Welfare Act to be overall constitutional, although it struck down certain provisions. Bailey Holt provides an overview of the act, and discusses the case and its implications.

    Sep. 03, 2021
    Family Law Section Blog

    While family law attorneys have access to discovery tools like basic interrogatories and requests for documents that are commonly used by civil litigators, there are other tools out there that can bolster a case. Jeff Raymond outlines the pros and cons ofthree tools typically underemployed in family law litigation.

    Sep. 03, 2021
    Business Law Section Blog

    Property can change hands multiple times soon after a sale. Ryan M. Billings discusses a recent court of appeals decision that clarifies the circumstances under which a subsequent owner can sue the original seller for fraud.

    Aug. 27, 2021
    Litigation Section Blog

    While an errata sheet can be used to correct transcription errors, an errata sheet is not a panacea for a poorly given deposition. Erik Monson discusses case law and challenges surrounding use of errata sheets in making substantive changes to a depositiontranscript.

    Aug. 25, 2021
    Labor & Employment Blog

    In a recent Notice of Proposed Rulemaking, the U.S. Department of Labor proposed further changes to for tip regulations, an area that has been in flux for years. Justin Brewer provides an update on what’s going on with the 2020 Final Tip Rule.

    Aug. 25, 2021
    Business Law Section Blog

    Is now the time to sell or gift a business before the end of the year? Maureen O’Leary discusses potential changes to gift, estate, and income tax laws, and why business owners might want to complete business transactions before the end of 2021.

    Aug. 23, 2021
    Dispute Resolution Section Blog

    COVID-19 has brought many changes to the way mediations are conducted. Brent Smith discusses what mediation might look like, post-pandemic.

    Aug. 19, 2021
    Elder Law & Special Needs Section Blog

    With Wisconsin’s adoption of the Uniform Adult Guardianship and Protective Proceedings Act in 2018, transferring a guardianship to or from another state can be more efficient. Amy Greske discusses important factors in navigating the statute and successfully transferring a guardianship.

    Aug. 19, 2021
    Children & the Law Section Blog

    To combat a shortage in certified private practice attorneys available to help Wisconsin’s youth, the State Public Defender Office (SPD) is offering training in juvenile justice practice. Diane Rondini discusses the SPD’s new project, Juvenile Rural Access to Training and Expertise (J-RATE).

    Aug. 17, 2021
    Criminal Law Section Blog

    The State Public Defenders Office’s (SPD) goal to ensure that all clients are provided zealous and effective representation, regardless of the clients’ means, is a challenging one, especially in light of recent developments, like COVID-19. Katie York discusses the need for more attorneys willing to take SPD cases and ways that the SPD is using to close the gap.

    Aug. 17, 2021
    Litigation Section Blog

    What happens when the State removes access to your clients’ property? That property’s value and use can be drastically and negatively impacted by the removal of access. Ryan Simatic discusses the remedy, inverse condemnation, and how it can be used to compensate property owners.

    Aug. 16, 2021
    Environmental Law Section Blog

    In this article from the Marquette University Law School Faculty Blog, David Strifling, discusses an “unprecedented makeover in longstanding principles of state-level administrative law” that “shift[ed] power away from agencies and toward courts, the legislature, and the governor.”

    Aug. 03, 2021
    Agricultural Law and Rural Practice Blog

    Bias is just as much about people judging you, as it is about you judging others, writes Michael Yang. This insight can be the key to understanding why anti-bias training is critical to all lawyers.

    Jul. 27, 2021
    Construction & Public Contract Law Section Blog

    Recent surges in material prices have caused many construction industry participants to question their rights and remedies under their contracts as well as change their future contracts to address substantial price increases. Brian Zimmerman discusses the recent price increases and the contract clauses implicated thereby.

    Jul. 27, 2021
    Dispute Resolution Section Blog

    Mediations and arbitrations using a virtual platform became necessary during the pandemic. Unexpectedly, they proved to be more than that. David E. Jones discusses the pros and cons of using a virtual platform for mediation and arbitration.

    Jul. 27, 2021
    Dispute Resolution Section Blog

    Mediations and arbitrations using a virtual platform became necessary during the pandemic. Unexpectedly, they proved to be more than that. David E. Jones discusses the pros and cons of using a virtual platform for mediation and arbitration.

    Jul. 27, 2021
    Construction & Public Contract Law Section Blog

    Recent surges in material prices have caused many construction industry participants to question their rights and remedies under their contracts as well as change their future contracts to address substantial price increases. Brian Zimmerman discusses the recent price increases and the contract clauses implicated thereby.

    Jul. 23, 2021
    Children & the Law Section Blog

    The Wisconsin Department of Children and Families recently promoted a new child welfare initiative that focuses on prevention and keeping families together. Azucena C. Guizar discusses the need to reach out to immigrant families in particular.

    Jul. 23, 2021
    Children & the Law Section Blog

    The Wisconsin Department of Children and Families recently promoted a new child welfare initiative that focuses on prevention and keeping families together. Azucena C. Guizar discusses the need to reach out to immigrant families in particular.

    Jul. 22, 2021
    Business Law Section Blog

    Although pen-and-paper contracts are hardly extinct, the pandemic has accelerated the evolution toward electronic-only business transactions. Jennifer Budzien outlines the laws, requirements, and challenges.

    Jul. 22, 2021
    Business Law Section Blog

    Although pen-and-paper contracts are hardly extinct, the pandemic has accelerated the evolution toward electronic-only business transactions. Jennifer Budzien outlines the laws, requirements, and challenges of electronic records and signatures.

    Jul. 20, 2021
    Environmental Law Section Blog

    When oil and gas prices plummeted during the COVID-19 pandemic as countries went into lockdown, companies began invoking force majeure clauses to change obligations under their contracts. Katherine Plachta discusses the debate surrounding COVID-19 as a force majeure event.

    Jul. 19, 2021
    Criminal Law Section Blog

    Although the nature of legal practice during the pandemic proved to be challenging for all, Timothy Verhoff reflects on some systemic changes implemented that could have a positive, lasting impact.

    Jul. 19, 2021
    Children & the Law Section Blog

    Is it time to reassess the Adoption and Safe Families Act requirement for termination of parental rights once a child has reached a total of 15 months in foster care? Lisa-Marie Line discusses the time limit and reasons why it may not be long enough to allow family reunification.

    Jul. 15, 2021
    Business Law Section Blog

    Divisive mergers have been available in some states since 2006. Jim Phillips discusses how divisive mergers provide a unique way to separate operations into discreet business entities by operation of law, rather than using bills of sale, deeds, and assignments.

    Jul. 15, 2021
    Labor & Employment Blog

    Claims for ERISA disability insurance benefits due to COVID-19-related disabilities are heavily scrutinized by plan administrators and insurance companies, often resulting in their denial. Jessa Victor discusses how to best navigate claims for such benefits, including those based on an employee’s inability to work due to the pandemic.

    Jul. 15, 2021
    WisBar Court Review

    A series of digital data discoveries implicated Steven Burch in a murder case. Recently, the Wisconsin Supreme Court rejected Burch’s claim that police obtained the digital data in violation of his Fourth Amendment rights.

    Jul. 14, 2021
    WisBar Court Review

    The Wisconsin Supreme Court recently held (4-2) that the state’s Department of Natural Resources (DNR) erroneously interpreted the law in concluding that it had no authority to consider the environmental impacts of high-capacity wells.

    Jul. 08, 2021
    Agricultural Law and Rural Practice Blog

    What does a good romantic comedy have in common with running a small business? Stephanie Melnick talks about the lessons learned in the movie "You’ve Got Mail."

    Jul. 08, 2021
    Elder Law & Special Needs Section Blog

    The family cabin is often one of the family’s most cherished assets, and protecting it from devastating long-term care costs requires advance planning. Corinna Martell discusses the benefits of using a family LLC to protect family property.

    Jul. 07, 2021
    Public Interest Law Section Blog

    Attorneys practicing public interest law may frequently hear this question from a client. Kate Cook discusses ways to respond – and how that response can build a more trusting relationship with your client.

    Jul. 07, 2021
    Business Law Section Blog

    Companies are increasingly implementing Environmental, Social, and Governance (ESG) programs. Nadelle Grossman discusses the rise of these programs, the reasons to implement them, and ESG program legal requirements.

    Jun. 30, 2021
    WisBar Court Review

    The Wisconsin Supreme Court has unanimously ruled that statements made during a post-polygraph interview with a suspect were admissible as evidence, concluding the defendant voluntarily made the statements without police coercion.

    Jun. 29, 2021
    Labor & Employment Blog

    To create safer workplaces, some employers are offering cash bonuses to employees who get the COVID-19 vaccine. Yingtao Ho discusses whether such bonuses may increase the employee’s liability for overtime pay.

    Jun. 23, 2021
    WisBar Court Review

    In another pandemic-related decision, the Wisconsin Supreme Court (4-3) recently ruled that the Dane County Health Department exceeded its authority when it ordered all schools, including private schools, to cease in-person instruction.

    Jun. 17, 2021
    Elder Law & Special Needs Section Blog

    Taking the exam to become a Certified Elder Law Attorney (CELA) is a rigorous process. Greg Banchy discusses his experience becoming a CELA – and whether it is worth the time and effort.

    Jun. 17, 2021
    Environmental Law Section Blog

    Laws and policies can do double duty to lessen climate change and also help communities prepare for natural disasters. Betsy Lawton discusses two climate mitigation opportunities to provide public health co-benefits: use of sun and shade.

    Jun. 17, 2021
    Children & the Law Section Blog

    While governed by uniform guidelines, the practice of child welfare law varies from county to county across Wisconsin. Michael Puerner discusses the role of Judicial Engagement Teams: to bring together teams of community stakeholders to identify best practices and implement positive changes in child welfare cases.

    Jun. 15, 2021
    Family Law Section Blog

    When parties change their mind about going through with a pending divorce or legal separation, they must file a voluntary dismissal. David Karp talks about the two different ways that a family law action may be dismissed.

    Jun. 08, 2021
    Agricultural Law and Rural Practice Blog

    Eighteen states and the District of Columbia have now legalized cannabis, and Gov. Evers has proposed that Wisconsin do likewise. Alexander (Sandie) Pendleton discusses the issue and its potential impact on rural communities in the state.

    Jun. 08, 2021
    Labor & Employment Blog

    As workplaces open up after pandemic closures, COVID-19 long-haulers re-entering the workforce face new challenges. Summer Murshid discusses the challenges for employees as well as those faced by their employers.

    Jun. 07, 2021
    Environmental Law Section Blog

    Rollbacks in 2020 of federal protection of waterways and wetlands under the Clean Water Act left millions of wetland acres in Wisconsin vulnerable to development. Michael Cain discusses a collaboration by Wisconsin’s Green Fire and The Nature Conservancy

    Jun. 04, 2021
    Health Law Section Blog

    The Office of the Inspector General’s first Special Fraud Alert in six years highlights a growing concern about sponsored speaker programs and the potential implications for fraud and abuse actions under the anti-kickback statute. Leah Ruedinger discussesthe implications of this Special Fraud Alert.

    Jun. 04, 2021
    WisBar Court Review

    A Milwaukee man challenged a property tax assessment, arguing the assessed value should be zero since contamination rendered the property unmarketable. Recently, the Wisconsin Supreme Court (4-3) disagreed.

    Jun. 03, 2021
    Family Law Section Blog

    Legislation to reorganize Wis. Admin. Code ch. DCF 150 and eliminate new family support orders will become effective this year. Jill Mueller explains the changes to DCF 150 that make the shared placement calculation the primary method of calculating support.

    Jun. 03, 2021
    Children & the Law Section Blog

    The decision to put a child in adult criminal court should require a deliberate decision on the part of the judge, writes Alaina Fahley, who discusses the current reverse waiver proceeding to return youth to the juvenile justice system.

    Jun. 01, 2021
    WisBar Court Review

    The Wisconsin Supreme Court recently issued pandemic-related orders, including one that “no longer requires that personal masking, social distancing, and sanitizing court facilities be part of any plan for circuit court and municipal court proceedings.”

    May 26, 2021
    WisBar Court Review

    The Wisconsin Supreme Court has ruled that an employee who attempted suicide cannot file a tort action for negligence against his employer’s insurer because the state worker’s compensation law provides the exclusive remedy.

    May 25, 2021
    Construction & Public Contract Law Section Blog

    What’s the best method to calculate an equitable adjustment when a contractor encounters a differing site condition? Brian R. Smigelski outlines the hierarchy of methodologies utilized in Wisconsin.

    May 25, 2021
    Dispute Resolution Section Blog

    In complicated cases, neutral evaluations may be a better method of dispute resolution. Roy Wagner discusses when and how to use this close cousin of mediation.

    May 25, 2021
    Public Interest Law Section Blog

    Wisconsin's Public Trust Doctrine offers unique protections for Wisconsin's waterways. Andrew Morgan discusses the application of Wisconsin's Public Trust Doctrine to the state's surface waters.

    May 25, 2021
    WisBar Court Review

    A man who was patronizing the Saukville tavern where he worked does not have immunity from liability after he physically ejected a drunk patron and caused severe injuries, the Wisconsin Supreme Court has held.

    May 18, 2021
    WisBar Court Review

    The Wisconsin Supreme Court has concluded that proposed procedures for anticipated redistricting litigation ”are unlikely to materially aid this court’s consideration of an as yet undefined future redistricting challenge.”

    May 14, 2021
    Family Law Section Blog

    In the Hmong community, clan leaders participate in the mediation of divorce cases. Chue Xiong discusses the importance of clan mediation, and why it is important that attorneys participate.

    May 13, 2021
    Construction & Public Contract Law Section Blog

    A recent ruling provides a hard lesson for contractors about partial lien waivers. James Thiel discusses the case and the ruling, and the lesson learned.

    May 13, 2021
    Environmental Law Section Blog

    Carbon farming ideas and infrastructure are cropping up at the state and federal level. Jane Landretti discusses how policies and private interests are sowing seeds for infrastructure that could transform how we think about incentives for agricultural practices that promote cover crops and healthy soils.

    May 12, 2021
    Labor & Employment Blog

    Employers using a tip credit or tip pool under the Fair Labor Standards Act (FLSA) are now subject to new regulations. Jordan Rohlfing discusses recent changes to the regulations and offers recommendations for employers.

    May 12, 2021
    WisBar Court Review

    The Wisconsin Supreme Court recently upheld a conviction for operating or going armed with a firearm while intoxicated despite the defendant’s argument that the statute was unconstitutionally applied to him.

    May 04, 2021
    Appellate Practice Section Blog

    What’s it like to argue a case before the Seventh Circuit – via Zoom? In October 2020, Milwaukee attorney Nick Zales did just that, and discusses just what it was like to embrace the appellate Zoom experience.

    May 04, 2021
    WisBar Court Review

    The Wisconsin Court of Appeals also rules that “equitable indemnification” not an appropriate remedy for spoliation under decades of Wisconsin case law.

    May 03, 2021
    Construction & Public Contract Law Section Blog

    The City of Madison’s bird-safe glass ordinance may fly in the face of the state of Wisconsin’s Uniform Commercial Building Code (Uniform Code). John Schulze discusses the ordinance and its challengers.

    May 03, 2021
    Public Interest Law Section Blog

    Because of its tax-free forgiveness, Public Service Loan Forgiveness (PSLF) borrowers can lower their monthly payment by maximizing their retirement contributions. Bradley Yanke discusses this way to lower PSLF monthly payments.

    Apr. 30, 2021
    Family Law Section Blog

    In determining whether to order third-party visitation, a court must analyze the visitation request based upon the child’s best interest, giving special deference to a fit parent’s determinations as to what visitation is appropriate.Wisconsin Legislative Council Information Memorandum.

    Apr. 30, 2021
    WisBar Court Review

    The Wisconsin Supreme Court (7-0) ruled that the circuit court did not err when it set an exercise price that was higher than an expert's appraised value.

    Apr. 30, 2021
    WisBar Court Review

    The Wisconsin Supreme Court has unanimously approved Rule Petition 20-07, introducing a comprehensive system of electronic filing for the Wisconsin Court of Appeals and Wisconsin Supreme Court.

    Apr. 27, 2021
    International Practice Section Blog

    The recent 2021 National Trade Estimate Report on Foreign Trade Barriers reveals important insights regarding U.S. trade policy focus under the Biden Administration. Ngosong Fonkem discusses the report and why U.S. companies with footprints in China should be on alert.

    Apr. 26, 2021
    Dispute Resolution Section Blog

    Legal language creates barriers to understanding. Mary L. Ferwerda discusses how incorporating concepts of “plain language” into dispute resolution documents, such as agreements to mediate and the resolution agreements, can improve parties’ understanding and compliance with the stated terms.

    Apr. 26, 2021
    Children & the Law Section Blog

    Abigail Hean discusses the “child welfare to juvenile justice to adult prison pipeline” – the failure of these systems to adequately address the needs of the youth they serve, ultimately causing more harm than good.

    Apr. 23, 2021
    Labor & Employment Blog

    Wisconsin’s unemployment hearing backlog seems overwhelming, and the low win rate could mean financial catastrophe for claimants, says Victor Forberger. Lawyers are needed to help them –here is where and how to get involved.

    Apr. 23, 2021
    Litigation Section Blog

    The intersection of Wisconsin workers' compensation and third-party liability is more common than you may think. Matthew Lein discusses background on third-party negligence claims and how third-party awards are split.

    Apr. 16, 2021
    Health Law Section Blog

    This month, the 21st Century Cures Act Information Blocking Rule took effect. Jonathan Klock provides a brief overview of the rule, key exceptions and tips for compliance, and helpful resources for more information.

    Apr. 16, 2021
    WisBar Court Review

    Ruling on a moot issue that will only guide future action, the Wisconsin Supreme Court has confirmed, once again, that a statewide emergency order limiting capacity at restaurants, bars, and other indoor facilities was invalid and unenforceable.

    Apr. 15, 2021
    Blog of Experience

    Events of the past few years in the U.S. bear a disturbing resemblance to events of the Roman Empire before its fall, says Myron LaRowe, including polarized politics and civil unrest. What are the lessons to learn from the past?

    Apr. 13, 2021
    Children & the Law Section Blog

    Elisabeth Stockbridge discusses efforts to address racial disparities and incarceration among emerging adults in Wisconsin.

    Apr. 13, 2021
    WisBar Court Review

    Reporters from the MacIver Institute for Public Policy sued Wisconsin Gov. Tony Evers, alleging they were denied access to a press event because of their organization’s viewpoint. Recently, a federal appeals court rejected that claim.

    Apr. 12, 2021
    Elder Law & Special Needs Section Blog

    Disabled individuals rely on public benefits that are often determined by a computer program rather than a person. Julia Veenendaal discusses computer-automated decision-making and a case study involving due process challenges to Medicaid benefits software.

    Apr. 09, 2021
    Business Law Section Blog

    How would a human rights-centered foreign policy impact U.S. businesses engaged in international trade? Ngosong Fonkem discusses compliance challenges and how companies can protect themselves from the inevitable increased trade measures that would ensue ensue from the policy shift.

    Apr. 09, 2021
    WisBar Court Review

    The state election laws require municipal clerks or municipal election commissions to change the registration status of electors who may have moved, not the Wisconsin Election Commission (WEC), the Wisconsin Supreme Court has ruled (5-2).

    Apr. 05, 2021
    Litigation Section Blog

    Boilerplate objections in response to written discovery requests in civil cases cause undue delay, excessive costs, and needless consumption of time, say Ralph Tease and David Blinka. Wisconsin courts should not hesitate to sanction those who use boilerplate objections to evade discovery obligations.

    Mar. 31, 2021
    WisBar Court Review

    The Wisconsin Supreme Court today, in a 4-3 decision, concluded that Gov. Tony Evers exceeded his authority when declaring a public health emergency due to COVID-19, extending previous orders, without the legislature’s consent.

    Mar. 30, 2021
    WisBar Court Review

    The U.S. Court of Appeals for the Seventh Circuit has ruled that city of Madison and U.W. police officers are entitled to qualified immunity for excessive force claims brought by a man arrested after a U.W.-Madison Badger Football game.

    Mar. 29, 2021
    Dispute Resolution Section Blog

    The new trend of virtual mediation has been around for a while now. Michael D. Rust discusses lessons learned from 150 mediation referrals during the pandemic, and how the use of online dispute resolution is translating to the users of the services.

    Mar. 24, 2021
    Public Interest Law Section Blog

    The CDC’s eviction moratorium ends March 31, 2021. In this Tip of the Month, Elizabeth Groeschel details Wisconsin programs that offer rental assistance to clients who need it.

    Mar. 24, 2021
    WisBar Court Review

    The Wisconsin Supreme Court ruled that a previous decision established the “law of the case” and the wife's pre-death statements were inadmissible under the Sixth Amendment’s Confrontation Clause.

    Mar. 23, 2021
    Business Law Section Blog

    Privacy Laws are fast changing, requiring companies to frequently adapt their web presence and online security schemes. Eric A. Johnson discusses how to help business clients keep their customer data safe.

    Mar. 22, 2021
    Nonresident Lawyers Blog

    The ABA House of Delegates in February 2020 passed a resolution urging voter preregistration for 16- to 18-year-olds. James Casey talks about the resolution – and how it reinforces the importance of civics education in U.S. schools. This importance is even more critical given the November 2020 U.S. election and the January 6, 2021, insurrection at the Capitol in Washington, he says.

    Mar. 16, 2021
    WisBar Court Review

    The Wisconsin Supreme Court has ruled (4-3) that a defendant may seek discovery of Wisconsin-specific data in a Wisconsin Department of Corrections (DOC) database to challenge his status as a sexually violent person.

    Mar. 10, 2021
    Health Law Section Blog

    Little used before COVID-19, the Public Readiness and Emergency Preparedness (PREP) Act aimed to shield drug makers from liability when bringing vaccines to market during a public health emergency. Stephen Veit gives an overview of the Act and discusses recent cases involving health care providers in the COVID-19 era.

    Mar. 10, 2021
    Construction & Public Contract Law Section Blog

    Wisconsin’s energy market is shifting toward renewable energy – are renewable energy third-party financing arrangements the new third rail? Nathan Jurowski discusses the legislative and regulatory changes that could stimulate private investment in Wisconsin’s commercial and residential renewable energy and provide opportunities for local contractors.

    Mar. 09, 2021
    Labor & Employment Blog

    The Seventh Circuit recently indicated an interest in addressing the standard of causation for disparate treatment claims under the ADA. Storm Larson discusses Seventh Circuit precedent and variations among other circuits on the issue.

    Mar. 09, 2021
    Family Law Section Blog

    Finding mentors is a critical part of starting a new attorney’s career. Tiara Oates offers tips on how to locate mentors and on nurturing the mentor/mentee relationship.

    Mar. 08, 2021
    Environmental Law Section Blog

    The agricultural industry can expect big changes from the Biden Administration, says Christina Puhnaty. President Biden made direct promises to the agricultural industry to improve the lives of farmers and rural U.S. in general, and promised to partner with the agricultural industry to combat climate change.

    Feb. 26, 2021
    Agricultural Law and Rural Practice Blog

    With a new federal administration and much speculation about tax law changes, attorneys can expect their farm clients to ask many questions about how Biden’s proposed tax plan will impact them. Christine Rasmussen examines some of the various tax proposals under the Biden administration.

    Feb. 26, 2021
    Construction & Public Contract Law Section Blog

    Residential construction contracts pose unique challenges for contract drafters in Wisconsin. Andrea Murdock offers advice on what to include in your residential construction contracts to avoid disputes and unnecessary costs.

    Feb. 26, 2021
    International Practice Section Blog

    Famous for dairy and agriculture, Wisconsin also hosts strong business leaders in a variety of areas attractive to foreign investors. Bethany Wilson offers a quick guide to foreign direct investment in Wisconsin.

    Feb. 24, 2021
    Dispute Resolution Section Blog

    When a mediation is heading into overtime, do you continue or reschedule? Brent Nistler discusses the pros and cons of continuing mediation when it takes more time than expected..

    Feb. 24, 2021
    Public Interest Law Section Blog

    As public interest attorneys, we should approach our client representation in a holistic way, says Elizabeth Stinebaugh. In this Tip of the Month, Stinebaugh discusses a helpful resource – the Crime Victims Compensation program, which assists those who ha

    Feb. 24, 2021
    WisBar Court Review

    The North woods getaway called “Bibs Resort” and its red “bibs” logo was the subject of a recent 4-3 decision by the state supreme court, which ruled that ownership of the tradename and trademark in dispute transferred to a new owner upon sale of the resort.

    Feb. 23, 2021
    Real Property Probate and Trust Law Blog

    No private easement is permanent in Wisconsin, says Jessica Shrestha, even "perpetual" ones. Learn about helping your client's easement issues via Wis. Stat. section 893.33.

    Feb. 19, 2021
    Children & the Law Section Blog

    Enacted in February 2020, 2019 Wisconsin Act 92 allows more adoptive family to receive adoption assistance. The end result, says Steven Konitshek, seems well worth the additional cost – more children finding their forever homes.

    Feb. 19, 2021
    WisBar Court Review

    A state appeals court has clarified a circuit court’s authority to order the use of bail money to pay restitution if the bail-related charges are later dismissed but a defendant enters a global plea deal to resolve other outstanding criminal charges.

    Feb. 17, 2021
    Elder Law & Special Needs Section Blog

    Nursing homes across the country continue to violate and challenge the 1987 Nursing Home Reform Act. Peter Grosskopf discusses the Act and relevant case law, which serve as a reminder for clients to review admission contracts before signing.

    Feb. 15, 2021
    Labor & Employment Blog

    The Consolidated Appropriations Act 2021 did not extend the Families First Coronavirus Response Act (FFCRA), but the FFCRA can still impact an employee's leave. Nicole Stangl discusses what employers should know regarding the FFCRA in 2021.

    Feb. 15, 2021
    Health Law Section Blog

    Employers and health care providers across the country are opting to participate in Centers of Excellence Programs and will need to meet the legal requirements of every state in which they do so. Angela Rust helps attorneys for providers and health plans spot these state law issues of importance, with specific commentary on Wisconsin.

    Feb. 15, 2021
    Business Law Section Blog

    In response to a need for assistance highlighted by the COVID-19 pandemic and other recent events, the State Bar of Wisconsin Business Law Section established the Small Business Assistance project. Peter Trotter talks about the project and encourages Wisconsin business lawyers to volunteer.

    Feb. 15, 2021
    Family Law Section Blog

    There is no right to equal periods of placement when considering child custody agreements, writes Mark Fremgen. Each situation is different, and placement agreements should involve all relevant facts when deciding the best interests of the child.

    Feb. 15, 2021
    WisBar Court Review

    The U.S. Court of Appeals for the Seventh Circuit has ruled that a jury must decide whether a Wisconsin police officer’s actions were objectively reasonable when he fired four shots into a vehicle, killing one of the vehicle’s occupants.

    Feb. 11, 2021
    WisBar Court Review

    The Wisconsin Supreme Court has unanimously upheld an operating while intoxicated (OWI) conviction, eighth offense, despite the defendant’s argument that the state did not meet its burden to prove a prior OWI conviction from 30 years ago.

    Feb. 10, 2021
    Construction & Public Contract Law Section Blog

    Construction attorneys need to be familiar with intellectual property principles and copyright matters associated with their clients’ businesses. In part 2 of this two-part series, Bryan Kroes discusses additional practical copyright considerations, including trademarks and patents.

    Feb. 09, 2021
    Construction & Public Contract Law Section Blog

    Construction attorneys should be familiar with intellectual property principles and copyright matters associated with their clients’ businesses. In part 1 of this two-part series, Bryan Kroes provides an introduction to copyright and how it intersects with construction projects.

    Feb. 09, 2021
    Business Law Section Blog

    The COVID-19 pandemic has monumentally impacted businesses, and bankruptcy filings are expected to increase in 2021 as government aid runs out – affecting many Wisconsin businesses. Jennifer Knackert discusses key steps Wisconsin businesses should take when bankruptcy disrupts their supply chains.

    Feb. 04, 2021
    Environmental Law Section Blog

    With flooding an increasing problem in Wisconsin, directing and controlling surface water drainage is important for property owners. Rick Manthe discusses the “reasonable use” rule, and the potential consequences of diverting surface water ontoneighboring properties.

    Feb. 04, 2021
    Agricultural Law and Rural Practice Blog

    Terminating an agreement to lease agricultural land can be a complicated process. Jason Brasch explains how to avoid unnecessary frustration and expenses when selling real property subject to an agricultural tenancy.

    Feb. 04, 2021
    Litigation Section Blog

    Volunteering as a lawyer can help someone in need of help. But what else is involved? James Troupis discusses the lessons you learn when volunteering as a lawyer.

    Feb. 04, 2021
    WisBar Court Review

    The Wisconsin Supreme Court has ruled that a jail inmate who admitted stealing another inmate’s property in a telephone call with police was not “in custody,” which would have required the officer to give a Miranda warning before questioning him.

    Feb. 02, 2021
    Elder Law & Special Needs Section Blog

    The State Bar of Wisconsin Elder Law and Special Needs Section offers grants to members and nonmembers for organizations and events related to elder law and special needs law. Tiara Oates provides information about the grants and how to apply.

    Jan. 29, 2021
    Litigation Section Blog

    In Nelson v. Loessin, a Wisconsin appeals court recently ruled that it is improper to force individuals with potential claims against defendants to litigate these claims in the same suit. Christina Davis Sommers discusses Loessin’s reasoning and and the case’s implications.

    Jan. 28, 2021
    Health Law Section Blog

    IRIS (Include, Respect, I Self-Direct) is a Medicaid long-term care program that allows eligible Wisconsin residents to live in their own home, while self-directing support and services. Julianne M. Cox discusses the program, enrollment, and its benefits and services.

    Jan. 27, 2021
    Public Interest Law Section Blog

    Grief can interfere with our ability to practice law, if not managed well. While 2020 was a significant year in many respects, it affected our ability to confront and manage grief. Amy Devine offers tips for managing grief post-2020, including in your lawpractice.

    Jan. 27, 2021
    Business Law Section Blog

    The Corporate Transparency Act addresses the unlawful use of corporations and limited liability companies. Joseph Mella discusses how this newly adopted Act may also create an administrative burden for business law practitioners.

    Jan. 27, 2021
    WisBar Court Review

    The Wisconsin Supreme Court has ruled (5-2) that the Town of Newbold had authority to prohibit a property owner from dividing his lakefront lot into two parcels, rejecting the claim that the town’s ordinance was preempted.

    Jan. 22, 2021
    Family Law Section Blog

    De novo hearings allow a brand-new hearing on issues decided by court commissioners, and are a useful tool in representing previously pro-se clients. Lauren Otte discusses de novo hearing procedure and how to use these hearings to benefit your clients.

    Jan. 22, 2021
    Construction & Public Contract Law Section Blog

    Most commercial contracts will contain an indemnity clause. But how are they being used? Turns out, you can use them not just for protection. Matthew McClean discusses the various uses of the clause – and case law surrounding its use.

    Jan. 22, 2021
    WisBar Court Review

    A state appeals court concluded the circuit court lost personal jurisdiction but rejected the argument that circuit courts must appoint a lawyer, at county expense, if an SPD appointment is delayed.

    Jan. 15, 2021
    Children & the Law Section Blog

    With the April 2018 revision of the termination of parental rights (TPR) ground for continuing need of protection or services, it is still unclear in certain cases which version of the law is applicable to certain cases. Jenni Spies Kara discusses the issue, to be heard by the Wisconsin Supreme Court in February 2021.

    Jan. 13, 2021
    Labor & Employment Blog

    With COVID-19 vaccinations now available, employers may want to implement a mandatory vaccine policy within their organization. Janelle Schlosser reviews the risks for employers related to mandatory vaccine policies in the workplace.

    Jan. 12, 2021
    Litigation Section Blog

    With the promise of the mass distribution of effective vaccines on the horizon, we hope that jury trials – many canceled due to the pandemic – can be resumed in 2021. In anticipation (and optimism) that we are finally turning the corner on COVID-19, Edward Robinson discusses Wisconsin’s five-sixths rule requirement in civil jury cases.

    Jan. 11, 2021
    Business Law Section Blog

    The idea of adapting your legal practice to a virtual format is not a novel idea – and under COVID-19, is now a reality for many of us in the legal profession. But should it be a permanent move, post pandemic? Stephen Hegedus discusses the pros and cons of virtual and traditional offices.

    Jan. 06, 2021
    WisBar Court Review

    The Wisconsin Supreme Court has ruled (5-1) that an aggrieved party’s right to certiorari review of a zoning board’s decision was triggered when a written copy of the decision was filed in the board’s office, not when an oral decision was rendered.

    Dec. 23, 2020
    WisBar Court Review

    The Wisconsin Supreme Court (4-3) recently denied an original action petition challenging a Dane County order that placed restrictions on business and indoor sports activities and prohibited indoor gatherings of extended family and friends.

    Dec. 22, 2020
    Construction & Public Contract Law Section Blog

    A recent Court of Appeals decision confirms the high standard for reversing an arbitration decision. Kevin Long discusses the decision’s takeaway – it is important to provide an arbitrator the opportunity to cure.

    Dec. 21, 2020
    Health Law Section Blog

    Artificial intelligence-based technologies that forecast future medical conditions are coming into mainstream use. Kristin Degeneffe discusses the choices health care organizations face in determining how fully to embrace these trends in 2021 and beyond.

    Dec. 21, 2020
    Appellate Practice Section Blog

    An appellate eFiling petition and rule amendments are now before the Wisconsin Supreme Court for approval. Eric Pearson outlines the petition and proposed changes, where to find more information about the petition, and where to file any comments.

    Dec. 21, 2020
    Public Interest Law Section Blog

    Conversations around inequality and oppression are difficult and sometimes uncomfortable, but are valuable and necessary, says Joseph Riepenhoff, who explores concepts of identity and power that may help lawyers and the profession to move intentionally toward equality and inclusion.

    Dec. 17, 2020
    WisBar Court Review

    Adult children can bring wrongful death claims, on their own behalf, if a parent’s death is allegedly caused by a party’s negligence. When claims involve medical malpractice against health care providers, however, adult children have no standing.

    Dec. 16, 2020
    Dispute Resolution Section Blog

    Effective representation – whether a mediator or lawyer – requires understanding not just the parties’ points of view, but how your own biases may impact the process. Lisa Derr offers seven tips for mediators to improve their cultural awareness.

    Dec. 14, 2020
    Elder Law & Special Needs Section Blog

    The medical profession often fails the elderly and those with terminal illness by avoiding honest talk about the choices these patients face. The same problem exists in elder law, says Benjamin Wright, who discusses one of the hardest aspects of elder law – learning to talk honestly with clients in a way that leads to good decisions.

    Dec. 14, 2020
    Environmental Law Section Blog

    Residents and communities around Wisconsin are experiencing more flooding and heavy rainstorms, causing lost homes and lives and significant property damage. Andrea Gelatt explores the challenges from intense flooding and efforts to mitigate those risks.

    Dec. 14, 2020
    WisBar Court Review

    The Wisconsin Supreme Court has clarified that a “stay-at-home” order amid a pandemic is not a basis, on its own, for voters to declare “indefinitely confined” status and vote by absentee ballot without showing photo identification.

    Dec. 10, 2020
    Family Law Section Blog

    In this era of doing more with less, triaging family cases could benefit Wisconsin family courts, parties, and lawyers by using scarce resources more efficiently. Paul Stenzel discusses how triage, or differentiated case management, could fit into family court systems.

    Dec. 09, 2020
    WisBar Court Review

    An employer unlawfully discriminated against a job applicant based on the applicant’s conviction record, a state appeals court has ruled.

    Dec. 08, 2020
    Agricultural Law and Rural Practice Blog

    Farmers are suffering from mental health issues that are compounded by the effects of COVID-19 on their product markets. Eliza Reyes talks about programs designed to help Wisconsin farmers, and how lawyers can help as well.

    Dec. 08, 2020
    Labor & Employment Blog

    Since 2004, the Seventh Circuit has recognized three forms of associational disability discrimination. Storm Larson discusses a recent decision that indicates the Seventh Circuit may be open to new theories of associational disability discrimination.

    Dec. 07, 2020
    WisBar Court Review

    A state appeals court has ruled that the City of Monroe is immune from tort claims by a resident who slipped and fell on a city street outside his office, concluding the state’s “discretionary immunity statute” applied to bar the suit.

    Dec. 03, 2020
    WisBar Court Review

    The Wisconsin Supreme Court today denied (4-3) an original action petition challenging absentee ballots counts in Milwaukee and Dane counties, concluding the petitioner must file presidential election grievances in circuit court.

    Dec. 01, 2020
    Construction & Public Contract Law Section Blog

    The risks presented by unknown site conditions are difficult to identify and evaluate, and the costs to address them can be very substantial. Saul Glazer discusses the necessity of using DSC – differing site conditions – clauses in construction contracts.

    Dec. 01, 2020
    WisBar Court Review

    An Alford plea allows defendants to maintain their innocence but accept a conviction, so long as a sufficient factual basis exists for each element of the crime. Recently, the Wisconsin Supreme Court clarified the Alford plea requirements.

    Nov. 24, 2020
    Labor & Employment Blog

    The U.S. Supreme Court recently ruled that federal law prohibits employers from discriminating against gay, lesbian, and transgender employees in workplaces. Hayley Archer discusses the case, its potential implications, and what it means for employees in Wisconsin.

    Nov. 23, 2020
    Business Law Section Blog

    Certain accounting rule changes that take effect in late 2021 may significantly impact private companies and nonprofits. Michael Lokensgard details the updates, which will affect companies’ compliance with their loan covenants.

    Nov. 23, 2020
    Health Law Section Blog

    In July 2020, the Wisconsin Supreme Court struck down an exacting payment recoupment standard for Medicaid providers by the Wisconsin Department of Health Services. Diane Welsh and Aaron Dumas discuss the decision and what it means for the department’s audits and recoupment efforts in the future.

    Nov. 19, 2020
    Nonresident Lawyers Blog

    The recently formed Task Force on Wisconsin Lawyer Well-Being is at work to research ways to better address substance abuse and mental health issues that affect lawyers. James Casey, a member of the task force, provides an update on its work.

    Nov. 18, 2020
    Dispute Resolution Section Blog

    Important keys to a successful mediation: Maintaining neutrality and keeping in check the emotions of the participants – including the mediator. Judy O’Connell discusses ways to stay neutral and create calm in the mediation process.

    Nov. 18, 2020
    Family Law Section Blog

    Safe at Home, Wisconsin’s address confidentiality program, can be a necessary tool to protect the privacy of clients who are victims of domestic abuse. Jeff Raymond details properly serving pleadings to a party enrolled in the program – which is crucial to keeping practitioners out of hot water.

    Nov. 18, 2020
    Elder Law & Special Needs Section Blog

    What does elder law practice look like when you are the client? Paul Sturgul talks about life as a retired elder law attorney – and his firsthand experience with Medicare as a patient.

    Nov. 17, 2020
    Environmental Law Section Blog

    This summer, the U.S. Supreme Court decided a criminal case that could have ripple effects in many other areas of practice, including environmental law. Robert Lundberg discusses McGirt v. Oklahoma and why it is relevant for environmental practitioners.

    Nov. 17, 2020
    WisBar Court Review

    A state appeals court has ruled that a man convicted for a seventh offense operating while intoxicated (OWI) charge is not entitled to early release from prison even though he successfully completed a substance abuse program.

    Nov. 10, 2020
    Litigation Section Blog

    Talked about but never seen, like the metaphorical unicorn: Is that how it is for diverse litigators in Wisconsin? Eric Andrews says it is time for the metaphor to change.

    Nov. 10, 2020
    Construction & Public Contract Law Section Blog

    A recent Wisconsin Court of Appeals decision reminds construction attorneys that clients working for municipal entities can have a layer of legal protection based on municipal immunity. Patrick Whiting discusses the details and implications of the decision.

    Nov. 10, 2020
    Public Interest Law Section Blog

    In March 2020, Congress passed the CARES Act, providing stimulus payments to U.S. citizens. After a court battle and as of October 2020, IRS is required to stop denying payments to people based on their incarceration status. Act quickly – the deadline fo

    Nov. 06, 2020
    Agricultural Law and Rural Practice Blog

    Sharing public roads with Wisconsin farmers legally operating Implements of Husbandry (IOH) is especially important now, during harvest season. Matthew Beier answers the question: May a farmer drive that thing on the road?

    Nov. 04, 2020
    Environmental Law Section Blog

    Wisconsin is seeing more record high water levels in the Great Lakes and local groundwater. Caleb Tomaszewski says Wisconsin attorneys should be aware of this issue, as high water levels will be at the center of future legal challenges.

    Nov. 04, 2020
    International Practice Section Blog

    With tensions at a high level between U.S. and China regarding trade practices, a new Chinese export control law begins Dec. 1. Ngosong Fonkem discusses the status of the trade tensions between the two countries, and why U.S. businesses should pay attention to the new regulation.

    Oct 30, 2020
    Public Interest Law Section Blog

    Domestic abuse is a serious societal problem, the ramifications of which are felt in every community. Megan Sprecher and Araceli Wence provide tips for working with survivors of domestic abuse.

    Oct 28, 2020
    Health Law Section Blog

    A rule proposed by U.S. Department of Health and Human Services requires its components to inform the public when issuing a “guidance document” and to clarify the document’s legal impact. James Junger and Heather Mogden discuss the proposed rule and how to petition a review of guidance documents that may go too far.

    Oct 27, 2020
    WisBar Court Review

    The U.S. Supreme Court (5-3) has declined to extend Wisconsin election deadlines to give voters more time to submit their absentee ballots. The decision ends a months-long conflict between the Republican and Democratic parties.

    Oct 16, 2020
    Dispute Resolution Section Blog

    Early neutral evaluation is an available and alternative option for resolving civil cases quickly and efficiently. Marta Meyers discusses the issue, saying that it may be time to attempt early neutral evaluation more earnestly and more often in Wisconsin.

    Oct 16, 2020
    Elder Law & Special Needs Section Blog

    On behalf of members of the State Bar of Wisconsin Elder Law and Special Needs Section, the State Bar lobbying program gives a voice at the capitol on issues of concern in the practice of elder law. Cale Battles, State Bar senior government relations coordinator, discusses the lobbying program and how to stay informed.

    Oct 15, 2020
    Children & the Law Section Blog

    The National Juvenile Defender Center provides national leadership on juvenile defense issues, and is a valuable resource for those serving our youth, says Diane Rondini, who introduces the center’s initiatives for youth involved in the justice system.

    Oct 13, 2020
    Family Law Section Blog

    In Wisconsin, there is a 120-day waiting period before a Judgment of Divorce can be issued. Family Court Comm. Mark G. Schroeder discusses why it may be time for that waiting period to go.

    Oct 09, 2020
    Agricultural Law and Rural Practice Blog

    Even before the coronavirus struck, farming has been changing. David Krekeler discusses the changes, over the past century, that have altered the family farm in Wisconsin – and gives an overview of Chapter 12 farm bankruptcies.

    Oct 09, 2020
    Labor & Employment Blog

    A recent rule proposed by the U.S. Department of Labor would make it easier to classify workers as independent contractors under the Fair Labor Standards Act. Lida Bannink discusses the proposed rule and its implications.

    Oct 08, 2020
    WisBar Court Review

    On Tuesday, the Wisconsin Supreme Court ruled (4-3) that the Wisconsin Legislature has authority to represent the state’s interests in the validity of state laws, a win for Republicans seeking to block election deadline extensions granted amidst COVID-19.

    Oct 07, 2020
    Business Law Section Blog

    Many companies are holding virtual shareholder meetings due to the COVID-19 pandemic. Peter Trotter details the requirements of conducting a virtual shareholder meeting for Wisconsin corporations.

    Sep. 30, 2020
    Health Law Section Blog

    Early in 2020, the Health Resources and Services Administration Office of Pharmacy Affairs seemed to scale back regulation of the 340B Program, which reduces drug costs for health care facilities that serve vulnerable populations. Richard Davis discusses the issue, which may result in the cost of 340B-covered drugs rising dramatically for contract pharmacies.

    Sep. 25, 2020
    Family Law Section Blog

    Section 767.59 greatly limits the trial court's authority to modify maintenance payments or arrears accrued prior to the filing of a motion. David Karp explores other remedies that may be available to cure maintenance arrearages.

    Sep. 24, 2020
    Business Law Section Blog

    Facebook Live and similar platforms provide an easy and convenient way to sell and buy products, but may cause both sellers and buyers to overlook legal and tax requirements. MaiVue K. Xiong discusses the legal and tax requirements involved in selling andbuying in an online market in Wisconsin.

    Sep. 23, 2020
    Public Interest Law Section Blog

    Health insurance coverage may change for many people this year due to the COVID-19 pandemic. Christine Huberty discusses key points of the Affordable Care Act's Health Insurance Marketplace in 2020 for both existing and new enrollees.

    Sep. 14, 2020
    Elder Law & Special Needs Section Blog

    The coronavirus pandemic has affected all aspects of our lives, and Medicaid is no different. Reg Wydeven and Jon Fischer discuss how county caseworkers are processing applications slightly different than during normal times.

    Aug. 31, 2020
    Children & the Law Section Blog

    As social media changes and evolves, so do the ways children can be targeted and abused – and helped. Brooke Houston discusses the ways the internet can be used to exploit and save children.

    Aug. 27, 2020
    Health Law Section Blog

    When a licensed health care professional is arrested, what should happen next? Kristen Nelson offers guidance and considerations for attorneys when their client is a licensed health care professional who is arrested or convicted.

    Aug. 26, 2020
    Dispute Resolution Section Blog

    Proper preparation can help you maximize results for your clients during their mediation session. Jill Sopha shares her favorite tips for advocates in mediation.

    Aug. 25, 2020
    Environmental Law Section Blog

    Forests cover nearly half of Wisconsin’s landscape, and forest products play an important role in the state’s economy. Kassie Lang and Sara Fox discuss a history of the state’s forest products industry and legal mechanisms adopted in response to past challenges, and consider responses to the recent idling of one of the state’s largest mills.

    Aug. 25, 2020
    Litigation Section Blog

    Civil litigation often involves complex ideas, especially in patent law. Former Judge James Troupis offers a plea on behalf of all judges: As with a jury, consider what the court needs to understand the case.

    Aug. 24, 2020
    Public Interest Law Section Blog

    Language in President Trump’s Aug. 8, 2020, executive order on COVID-19 loan relief is different from that of the CARES Act. Clarification issued by the Department of Education states that, despite the original language, the latest student loan relief order does allow otherwise eligible borrowers to count the deferred payments towards PSLF.

    Aug. 19, 2020
    Business Law Section Blog

    A succession plan for a business is an often overlooked, yet essential area of business law. Maureen O’Leary gives tips on setting up a successful plan and getting clients to look ahead.

    Aug. 17, 2020
    Labor & Employment Blog

    The COVID-19 pandemic has prompted guidance changes for employers regarding personal protective equipment (PPE) and respirator use by employers. Janelle Schlosser outlines what employers need to know about new OSHA guidelines for PPE use.

    Aug. 14, 2020
    Elder Law & Special Needs Section Blog

    Carol Wessels discusses areas of apparent racial inequity within the elder care system in U.S. society.

    Aug. 13, 2020
    Elder Law & Special Needs Section Blog

    The Elder Law and Special Needs Section now has a blog to provide members with the latest news, practical advice, and valuable resources that focus on the issues that we encounter in our practice.

    Aug. 10, 2020
    Coronavirus & the Law Blog

    WisLawNOW is the State Bar's new online community of Wisconsin legal bloggers.

    Aug. 05, 2020
    Children & the Law Section Blog

    Chronic and persistent adversity impacts development in children as they grow into adults. Melissa Ivens discusses adverse childhood experiences (ACEs) and reviews strategies that facilitate healthy development in children.

    Aug. 04, 2020
    Business Law Section Blog

    Businesses face an uncertain labor supply heading into fall 2020, as school districts grapple with how to reopen. Ben Pliskie offers advice for employers planning for employee absences caused by school district attendance policies.

    Aug. 03, 2020
    Construction & Public Contract Law Section Blog

    A recent Wisconsin Supreme Court decision provides some clarity for Wis. Stat. section 895.447, but raises further questions on the enforceability of other common risk transfer and limitation clauses in construction contracts. Scott J. Thomsen talks aboutlessons to be learned from the decision and its impact on construction contracts.

    Jul. 22, 2020
    Family Law Section Blog

    Administrative paternity, a fourth way to determine paternity in Wisconsin, begins Aug. 1, 2020. Jill Mueller discusses the logistics of administrative paternity and why this new option is important for parents and children.

    Jul. 21, 2020
    Agricultural Law and Rural Practice Blog

    The Wisconsin Supreme Court in recent business-dispute decisions has indicated that judges have the ability to be more demanding of claimant’s counsel when considering motions to dismiss for a failure to state a claim. Alexander (Sandie) Pendleton comments on these developments, and the related developments as to the incorporation-by-reference doctrine, and the economic loss doctrine.

    Jul. 21, 2020
    Appellate Practice Section Blog

    Meet the champions of the Appellate Practice Section’s third Best Briefs Competition. What did it take to find them? Jacques Condon talks about the winners and the competition.

    Jul. 15, 2020
    Environmental Law Section Blog

    Environmental justice addresses race-based environmental disparities, taking into account the impact of environmental decision-making on minority and low-income communities, and striving to increase access to decision-making processes. Christa Westerbergdiscusses how environmental justice has been implemented in Wisconsin.

    Jul. 10, 2020
    Litigation Section Blog

    Are waivers your clients using worth anything more than the paper it is printed on? Erik Monson discusses liability waivers in Wisconsin, and offers advice on drafting an enforceable liability waiver.

    Jul. 10, 2020
    Children & the Law Section Blog

    A new private minor guardianship law takes effect Aug. 1, 2020. In this second part of a two-part series, Courtney Roelandts provides tips and suggestions on how to prepare for a smooth transition.

    Jul. 09, 2020
    Dispute Resolution Section Blog

    Mediating by video conference is not as straightforward as in-person sessions. Lisa Derr and retired Judge Charles Kahn share their perspectives on how they have adapted to technology in the era of social distancing including accessibility, neutrality, and confidentiality.

    Jul. 08, 2020
    Labor & Employment Blog

    Almost all Wisconsin workers are entitled to worker’s compensation benefits when they are injured at work and their injury requires medical treatment, including undocumented workers. Aaron Halstead discusses the benefits available to undocumented workers in Wisconsin.

    Jul. 08, 2020
    Construction & Public Contract Law Section Blog

    With the ongoing economic impact of the COVID-19 pandemic, construction lien rights have become more vital than ever to businesses in the construction industry. Steven Slawinski provides a refresher course on the basics of construction liens on privately owned construction projects in Wisconsin.

    Jul. 07, 2020
    Appellate Practice Section Blog

    The U.S. Supreme Court has now weighed in on sexual-orientation and gender-identity discrimination and protections in Title VII of the Civil Rights Act of 1964. Erin Strohbehn and Max T. Stephenson discuss the recent decision in Bostock v. Clayton County, Georgia.

    Jul. 07, 2020
    Family Law Section Blog

    What happens when the opposing party in a divorce action evades a Summons and Petition or simply cannot be located? Lauren Otte discusses the required steps to secure service and personal jurisdiction in these circumstances.

    Jun. 26, 2020
    Coronavirus & the Law Blog

    As businesses re-open, some of the questions employers have involve what type of screening they may or should conduct for employees returning to work.

    Jun. 24, 2020
    Coronavirus & the Law Blog

    Attorneys at Ruder Ware recently posted a blog article, providing updates on the Small Business Administration (SBA) Paycheck Protection Program (PPP).

    Jun. 19, 2020
    Agricultural Law and Rural Practice Blog

    With the rise in residential and commercial development in rural areas, rural property owners may face an unplanned expense – building or repairing a fence. Jason Brasch explains what to know about Wisconsin’s fence laws.

    Jun. 16, 2020
    Children & the Law Section Blog

    A new private minor guardianship law takes effect Aug. 1, 2020. In this first of a two-part series on the new Wis. Stat. chapter 48, Beth Lauck provides a background of private minor guardianships and an overview of the changes under the new law.

    Jun. 16, 2020
    Coronavirus & the Law Blog

    A federal bankruptcy court in Illinois, in a case of first impression, held that a contract’s force majeure clause was “unambiguously triggered” when the state’s governor issued an executive order closing restaurants because of COVID-19.

    Jun. 15, 2020
    Business Law Section Blog

    Owners of corporations and limited liability companies can have statutory and contractual obligations to indemnify officers, directors, managers, and members for legal fees incurred in defending litigation. Ryan M. Billings discusses equity holders’ exposure to legal fees when a company brings suit against its former officers, directors, managers, or members.

    Jun. 11, 2020
    Health Law Section Blog

    The federal and state responses to COVID-19 significantly changed the rules governing health care providers. Heather Mogden, et. al., outline six pitfalls and practical takeaways for health care clients to avoid them.

    Jun. 10, 2020
    Construction & Public Contract Law Section Blog

    What happens when a subcontractor suffers an economic loss due to another subcontractor? Roy E. Wagner and Lauren Triebenbach discuss a recent court of appeals decision that says the economic loss doctrine bars negligence claims for solely economic lossessustained by one subcontractor as a result of another.

    Jun. 05, 2020
    Coronavirus & the Law Blog

    Businesses helped by Paycheck Protection Program (PPP) loans now have more options in utilizing the funds – including an extended time period for spending the loans under the recently-passed Paycheck Protection Program Flexibility Act of 2020.

    Jun. 02, 2020
    Labor & Employment Blog

    Law firms, like all employers, have been inundated with advice and guidance for reopening their workplaces in the wake of the COVID quarantine. Jane Clark, Sheila Conroy, and Hannah Renfro provide guidance on reopening your office in a manner thatprotects your employees and clients, as well as your bottom line.

    Jun. 02, 2020
    Public Interest Law Section Blog

    With Wisconsin schools closed due to the pandemic, uncertainty remains for what will happen in the fall. Andrew Morgan discusses the differences among charter and virtual charter schools and home schooling in Wisconsin.

    Jun. 01, 2020
    Agricultural Law and Rural Practice Blog

    After being prohibited for decades, hemp plants can now be grown by Wisconsin farmers. Colleen Martine discusses the plant and its regulatory history, and offers advice for attorneys with clients who grow hemp.

    Jun. 01, 2020
    Business Law Section Blog

    During the COVID-19 crisis, it is critical that Wisconsin employers understand their obligations under the Wisconsin Business Closing and Mass Layoff Law. Thomas J. Nichols and Graham C. Garland discuss these obligations for employers.

    May 26, 2020
    Labor & Employment Blog

    As the state opens up from stay-at-home orders, Wisconsin employers prepare for an increase in claims from pandemic job losses. Keith Kopplin and Christina Wabiszewski highlight five key differences in Wisconsin and federal employment laws that employers should know to reduce liability.

    May 26, 2020
    Coronavirus & the Law Blog

    The new Paycheck Protection Program loans are meant to encourage small businesses to keep their workers employed through the COVID-19 crisis. Here’s some new guidance on loan forgiveness.

    May 22, 2020
    Coronavirus & the Law Blog

    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 20, 2020
    Coronavirus & the Law Blog

    It’s a question attorneys and their landlord clients have been asking, recently. Jennifer Hayden of Petrie + Petrie S.C. in Milwaukee provides an answer in a recent blog post.

    May 18, 2020
    Coronavirus & the Law Blog

    Court appearances via Zoom, live U.S. Supreme Court hearings, and improvements in court procedures. Gregg Herman discusses a few of the good things to come out of the coronavirus pandemic.

    May 14, 2020
    Health Law Section Blog

    The recently-enacted CARES Act made several amendments to the law governing the confidentiality protections afforded to substance use disorder records. Stephane Fabus discusses the top 10 changes and offers advice on how providers should prepare before the changes become effective in 2021.

    May 14, 2020
    Coronavirus & the Law Blog

    How do business and organizational managers manage a remote workforce? In this article, Melodie Wiseman – who has managed remote workers for nearly a decade, provides tips.

    May 13, 2020
    Litigation Section Blog

    From voir dire to depositions, lawyers make statements and ask questions in the litigation process knowing that they are improper, under the guise of “zealous advocacy.” The profession would benefit from putting an end to this practice, says Tom Donnelly.

    May 13, 2020
    Environmental Law Section Blog

    The U.S. Environmental Protection Agency recently announced its intention to exercise civil enforcement discretion when regulated entities fail to meet legal requirements due to the coronavirus pandemic. Vanessa Wishart and Andrea Gelatt discuss thememorandum and its implications for regulated entities and the environment.

    May 08, 2020
    Coronavirus & the Law Blog

    Policymakers are focusing attention on restarting the U.S. economy. In an article from Aaron McCann, Christine Liu McLaughlin, and Sara Schenck at Godfrey & Kahn S.C., the authors provide a basic roadmap to help employers navigate workplace safety.

    May 04, 2020
    Family Law Section Blog

    Among the new rules implemented by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) are Economic Impact Payments (EIP) and changes in retirement distributions and withdrawals. Tiffany Highstrom discusses what attorneys should know about the CARES Act and offers advice on guiding clients through this uncertain time.

    May 04, 2020
    Construction & Public Contract Law Section Blog

    Carefully crafted, an integration clause with non-reliance and tort disclaimer language may avoid common law and statutory misrepresentation claims. Scott J. Thomsen discusses a recent Wisconsin Supreme Court decision and highlights how current standard form construction contract language may not sufficiently protect the contracting parties.

    Apr. 30, 2020
    Coronavirus & the Law Blog

    Is COVID-19 return-to-work testing of employees lawful? Bryan Symes of Weld Riley S.C. in Eau Claire explores the topic.

    Apr. 27, 2020
    Coronavirus & the Law Blog

    This article from Godfrey & Kahn S.C. provides an overview of certain key questions the Small Business Administration (SBA) has answered regarding loan forgiveness, along with a number of unanswered questions that will hopefully address in future guidance.

    Apr. 27, 2020
    Nonresident Lawyers Blog

    In the age of COVID-19, law school graduates are facing postponed bar exams. What would diploma privilege look like outside Wisconsin? Ann Heaps discusses the issue from the point of view of an attorney who took the exam to become a Wisconsin lawyer.

    Apr. 24, 2020
    Coronavirus & the Law Blog

    Questions concerning leave requested under the Families First Coronavirus Response Act to care for children? Bryan Symes and Mindy Dale of Weld Riley S.C. in Eau Claire provide some answers.

    Apr. 24, 2020
    Coronavirus & the Law Blog

    Jennifer Hayden of Petrie + Pettit S.C. in Milwaukee answers questions concerning the eviction moratorium under the CARES Act.

    Apr. 22, 2020
    Litigation Section Blog

    What does it mean to reasonably investigate factual claims before filing, under Federal rules and state statute? Jonathan Cook discusses the issue and case law, providing key takeaways for Wisconsin attorneys practicing civil litigation.

    Apr. 21, 2020
    Agricultural Law and Rural Practice Blog

    In this COVID-19, social-distancing world, judges are more than ever before holding criminal court via video. Michael Yang discusses what to consider when your client is scheduled for a video hearing.

    Apr. 20, 2020
    Children & the Law Section Blog

    School closures, social isolation, economic uncertainty, and resource limitations create a dangerous environment for children at risk of abuse and neglect. Recognizing Child Abuse and Neglect Prevention Month, Abigail Hean discusses the issue, and encourages communities to stay diligent.

    Apr. 20, 2020
    Coronavirus & the Law Blog

    Due to the circumstances caused by COVID-19, many experts fear that child abuse will increase. In the State Bar of Wisconsin Children & the Law Section Blog, Abigail Hean discusses the issue.

    Apr. 17, 2020
    Environmental Law Section Blog

    The University of Notre Dame Journal on Emerging Technologies published Overcoming Legal and Institutional Barriers to the Implementation of Innovative Environmental Technologies, an article that addresses challenges to effective stormwater management. David Strifling, one of the article’s authors, provides an excerpt of the article.

    Apr. 17, 2020
    Public Interest Law Section Blog

    The U.S. Department of Education recently changed its standards on what qualifies as a “public service organization” under the Public Service Loan Forgiveness Program. Bradley Yanke talks about the decision – prompted by a 2016 lawsuit – and what it meanss for public interest lawyers.

    Apr. 17, 2020
    Coronavirus & the Law Blog

    In his recent blog post, “Eligibility for PUA Benefits,” Wisconsin unemployment attorney Victor Forberger notes that the DWD will begin accepting PUA claims the week of April 21.

    Apr. 16, 2020
    Health Law Section Blog

    As the health care industry grapples with the rapid spread of the COVID-19 pandemic, interruptions from the industry’s key suppliers are inevitable. Peggy Barlett discusses certain considerations that the industry should be proactively thinking about as the interruptions in the supply chains impact daily operations and patient care within the industry.

    Apr. 16, 2020
    Business Law Section Blog

    Find more information about how COVID-19 impacts the practice of business law in Wisconsin, from these articles in the Wisconsin Business Law Blog.

    Apr. 14, 2020
    Coronavirus & the Law Blog

    In this article, Elizabeth Miles and Anne O'Meara of Davis & Kuelthau S.C. provide best practices for protecting the attorney-client privilege when working remotely.

    Apr. 13, 2020
    Coronavirus & the Law Blog

    The State Bar hosted a free virtual town hall meeting April 9 to address financial relief for law firms. Find out more about the loans available via the Paycheck Protection Program (PPP) and the Coronavirus, Aid, Relief and Economic Security (CARES) Act.

    Apr. 10, 2020
    Coronavirus & the Law Blog

    Christopher Strohbehn of Gimbel, Reilly, Guerin and Brown LLP explains what should a business owner consider if they are not able to operate their business in their leased space.

    Apr. 10, 2020
    Coronavirus & the Law Blog

    With a virtual shutdown in Wisconsin courts due to concerns over the spread of coronavirus (COVID-19), people are left to wonder what this will mean in their pending family law cases.

    Apr. 10, 2020
    Coronavirus & the Law Blog

    Danielle Johnson of Neider & Boucher S.C. answers question about financial relief for businesses (that includes law firms) and other bunisness issues in a recent power point.

    Apr. 08, 2020
    Nonresident Lawyers Blog

    Missouri’s legal history includes slaves’ struggle for freedom and women’s fight for the right to vote. Learn more about the Old Courthouse and other sites for legal tourism as Emily Kelchen talks about the history she learned during a recent visit to St. Louis.

    Apr. 08, 2020
    Family Law Section Blog

    The practice of family law in Wisconsin has changed drastically in the past month. Margaret Hickey gives a few tips on dealing with these changes, and where to find resources to help you manage your practice.

    Apr. 07, 2020
    Environmental Law Section Blog

    Wis. Admin. Code § NR 2.20 is not a new rule, and its validity has been challenged before. U.W. law student Hannah S. Richerson discusses why the issue bears repeating.

    Apr. 07, 2020
    Coronavirus & the Law Blog

    Writing for the State Bar of Wisconsin Public Interest Law Blog, Liz Groeschel discusses details of the Coronavirus Aid, Relief, and Economic Security (CARES) Act that impact federal student loan borrowers.

    Apr. 07, 2020
    Coronavirus & the Law Blog

    In law practice, there are two distinct uses of videoconferencing: one involves court appearances, and the other involves conferences with clients and colleagues. These two distinct uses of videoconferencing require different ethical considerations.

    Apr. 06, 2020
    Construction & Public Contract Law Section Blog

    To weather the indefinite storm of COVID-19, commercial construction contractors should consider internal and external preparedness best practices. Nathan Jurowski examines best practices for contractors to protect their employees, prepare for business interruption, and negotiate with clients in the face of supply chain disruption, suspension of work, and excusable delays.

    Apr. 06, 2020
    Public Interest Law Section Blog

    The current COVID-19 pandemic impacts everyone and everything, including federal student loans. LizGroeschel details Section 3513 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which provides temporary relief for federal student loan borrowers.

    Apr. 06, 2020
    Coronavirus & the Law Blog

    What’s the difference between a layoff, a furlough, or a termination? Neider & Boucher S.C. has developed a chart with a quick comparison, as well as what it means for employers navigating employment legal issues during the pandemic.

    Apr. 06, 2020
    Coronavirus & the Law Blog

    The State Bar of Wisconsin Real Property, Probate and Trust (RPPT) Section has developed a list of execution requirements for estate planning and other documents to be valid in Wisconsin, a quick guide for lawyers to access.

    Apr. 03, 2020
    Coronavirus & the Law Blog

    In his article, Shawn Govern of Dewitt LLP gives quick tips on eligibility for CARES Act business loan programs and provides links.

    Apr. 03, 2020
    Coronavirus & the Law Blog

    In her article, Erica Reib at O’Neil, Cannon, Hollman, DeJong & Laing S.C. notes that temporary rules on the Families First Coronavirus Response Act clarify additional matters.

    Apr. 03, 2020
    Coronavirus & the Law Blog

    The Wisconsin Supreme Court has extended an order impacting appellate court operations and deadlines for appellate cases in Wisconsin.

    Apr. 02, 2020
    Coronavirus & the Law Blog

    What are the evolving issues for health care providers around the Emergency Medical Treatment and Labor Act (EMTALA) and the spread of COVID-19? Katherine A. Kuchan, et. al., discuss the issues and offer practical takeaways on COVID-19 and EMTALA.

    Apr. 01, 2020
    Coronavirus & the Law Blog

    In his article, Jeremy Klang of Schober, Schober & Mitchell S.C. summarizes the basic points a small business loan program under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

    Apr. 01, 2020
    Coronavirus & the Law Blog

    In this article, Terri Boxer and Thomas Moniz of von Briesen & Roper S.C. explain retirement tax planning considerations in light of the CARES Act.

    Mar. 31, 2020
    Coronavirus & the Law Blog

    David McCormack of Axley Brynelson discusses new guidance from the Cybersecurity and Infrastructure Security Agency adding landscapers to the list of essential workers.

    Mar. 31, 2020
    Coronavirus & the Law Blog

    Victor Forberger provides a summary of the unemployment provisions in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

    Mar. 31, 2020
    Coronavirus & the Law Blog

    Jenn Bizzotto’s FAQ on unemployment during the COVID-19 pandemic may help you find answers to your clients’ unemployment questions.

    Mar. 31, 2020
    Coronavirus & the Law Blog

    Patrick J. Maxwell and Melissa McCord discuss considerations for small businesses looking into the loans that are part of the Coronavirus Aid, Recovery, and Economic Security Act (CARES Act).

    Mar. 31, 2020
    Coronavirus & the Law Blog

    In her recent article, Kristen Nelson of Gimbel, Reilly, Guerin & Brown LLP discusses how out-of-state licensed health care providers can now provide services in Wisconsin.

    Mar. 30, 2020
    Coronavirus & the Law Blog

    Are you facing incredibly difficult staffing decisions because of the coronavirus pandemic? Scott Paler shares some early lessons learned thus far in human resources during this coronavirus crisis.

    Mar. 30, 2020
    Coronavirus & the Law Blog

    What are the business tax benefits of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)? Attorneys with von Briesen & Roper discuss some of the details in the Act, signed into law on March 27, 2020.

    Mar. 27, 2020
    Real Property Probate and Trust Law Blog

    In addition to federal inflation-adjusted numbers for the coming year, we also have a state number to look for. Philip J. Miller and David Fenlon discuss how to use the current numbers to determine the amount in relation to terminating an uneconomic trust under Wis. Stat. chapter 701.

    Mar. 26, 2020
    Litigation Section Blog

    While injury rates in distribution centers are reported higher than those in almost every industry sector in the country, the nature of many distribution center injuries makes it difficult to file workers’ compensation claims. Matthew C. Lein provides an overview of this growing problem and the issues that apply.

    Mar. 26, 2020
    Coronavirus & the Law Blog

    The present circumstances with coronavirus has temporarily put defense attorneys and clients in an unprecedented situation of needing to conduct all hearings via telephone or video. Check out this discussion of the issues surrounding video court from MikeTobin, retired deputy state public defender.

    Mar. 26, 2020
    Coronavirus & the Law Blog

    While virtually every business contract has an implied covenant of good faith and fair dealing, now is the time to review your contracts’ force majeure clauses. Find out more about the issues and what to look for.

    Mar. 26, 2020
    Coronavirus & the Law Blog

    The Department of Labor will observe a temporary period of non-enforcement of the FFCRA until April 17, 2020, to allow employers to come into compliance with the new law.

    Mar. 26, 2020
    Coronavirus & the Law Blog

    Businesses concerned about meeting their contractual obligations due to the coronavirus should review their contracts to determine their options, write Greg Lyons and Margarita Castaneda.

    Mar. 26, 2020
    Coronavirus & the Law Blog

    Lynn Lodahl of Hawks Quindel S.C. notes that many divorced and separated parents in Wisconsin are wondering how this affects their custody and placement orders.

    Mar. 25, 2020
    Coronavirus & the Law Blog

    The State Bar’s new Coronavirus & the Law elist provides an open forum for members to discuss the evolving issues related to coronavirus and COVID-19 and its impact on the practice of law in Wisconsin and elsewhere. Learn how to join.

    Mar. 25, 2020
    Coronavirus & the Law Blog

    Robert Proctor and Gregory Collins of Axley Brynelson LLP explain the exceptions to Wisconsin's Safer at Home order, including an exception for essential business and operations and essential infrastructure.

    Mar. 25, 2020
    Coronavirus & the Law Blog

    Russell Karnes of Gimbel, Reilly, Guerin & Brown LLP discusses how Wisconsin's "Safe at Home" order, as well as court orders, impact landlords and tenants, noting the halt of eviction proceedings.

    Mar. 25, 2020
    Coronavirus & the Law Blog

    The Wisconsin Department of Workforce Development issued a scope statement for an emergency rule that will temporarily relax unemployment insurance benefit eligibility requirements for claimants during the COVID-19 pandemic.

    Mar. 24, 2020
    Coronavirus & the Law Blog

    Attorneys can obtain up to 30 CLE credits "on-demand" under a temporary order, providing more stay-at-home options amidst the coronavirus pandemic.

    Mar. 24, 2020
    Coronavirus & the Law Blog

    The Families First Coronavirus Response Act (FFCRA) is expected to be one of the first of several coronavirus-related pieces of legislation to address the virus’s public health and economic impacts. Learn more about its provisions.

    Mar. 24, 2020
    Coronavirus & the Law Blog

    In this article, Melodie Wiseman provides practical tips for lawyers who are now working from home, including setting clear intentions, avoiding distractions, and staying connected.

    Mar. 24, 2020
    Coronavirus & the Law Blog

    Do you or your business clients have questions on the recent developments with the coronavirus pandemic? Find a summary of updates from the attorneys at Kramer, Elkins & Watt, LLC, Madison.

    Mar. 24, 2020
    Coronavirus & the Law Blog

    Confused about filing for unemployment benefits during the coronavirus pandemic? Victor Forberger reviews the process step by step.

    Mar. 24, 2020
    Coronavirus & the Law Blog

    The blog for Wisconsin State Public Defenders, On Point, is hosting a growing list of resources to assist Wisconsin’s defense lawyers during the coronavirus pandemic.

    Mar. 24, 2020
    Coronavirus & the Law Blog

    Bridget M. Hubing of Reinhart Boerner Van Deuren S.C. discusses the risks associated with remote online notarizations and the alternatives.

    Mar. 24, 2020
    Coronavirus & the Law Blog

    An emergency rule now allows documents to be notarized remotely online but it does not apply to estate planning and other types of documents, such as wills and trusts.

    Mar. 23, 2020
    Coronavirus & the Law Blog

    Now is the time to plan – and act – for what will come at the end of the coronavirus outbreak. With project delays inevitable in the era of COVID-19, James Dash offers advice on what you can do now to avoid future lawsuits and to advance your business interests

    Mar. 23, 2020
    Coronavirus & the Law Blog

    During this time of pandemic, businesses should five steps to better their position with regard to their existing insurance policies.

    Mar. 23, 2020
    Coronavirus & the Law Blog

    The recent outbreak of COVID-19 has forced lawyers into the unusual territory of either working remotely in their homes. Here are some basic tips you can use to protect your clients and your firm while working remotely.

    Mar. 20, 2020
    Coronavirus & the Law Blog

    In this time of the coronavirus and COVID-19, clients are looking to attorneys for guidance on preparing and responding to this emergency. Nilesh Patel provides tips and guidance for attorneys to discuss with their clients.

    Mar. 20, 2020
    Coronavirus & the Law Blog

    Effective April 2, the Families First Coronavirus Response Act (FFCRA) imposes some significant new obligations on employers with fewer than 500 employees. What follows is a detailed description of the employer-leave obligations that will be required by the FFCRA.

    Mar. 20, 2020
    Coronavirus & the Law Blog

    With just about every lawyer in the country is going to be working from home for the foreseeable future, Stacie Rosenzweig gives her thoughts on complying with the Rules of Professional Conduct while dealing with all the issues of a pandemic.

    Mar. 20, 2020
    Coronavirus & the Law Blog

    The Wisconsin Economic Development Corporation (WEDC) is creating a program to provide grants to targeted Wisconsin businesses. This $5 million grant program will assist “smallest of the small” businesses around state.

    Mar. 20, 2020
    Coronavirus & the Law Blog

    What do you tell your clients about handling business in the age of social distancing? Jeffrey Glazer discusses the basics of social distancing for his clients in breweries, wineries, and distilleries.

    Mar. 20, 2020
    Construction & Public Contract Law Section Blog

    Now is the time to plan – and act – for what will come at the end of the coronavirus outbreak. With project delays inevitable in the era of COVID-19, James Dash offers advice on what you can do now to avoid future lawsuits and to advance your business interests.

    Mar. 20, 2020
    Coronavirus & the Law Blog

    Gov. Tony Evers on March 18 issued Emergency Order #7, Order to the Department of Workforce Development Regarding Unemployment Insurance. Find out more about it in the Wisconsin Unemployment Law blog.

    Mar. 19, 2020
    Nonresident Lawyers Blog

    In this time of the coronavirus and COVID-19, clients are looking to attorneys for guidance on preparing and responding to this emergency. Nilesh Patel provides tips and guidance for attorneys to discuss with their clients.

    Mar. 19, 2020
    Coronavirus & the Law Blog

    The State Bar of Wisconsin’s new Coronavirus & the Law Blog is a repository of articles from attorneys that address the legal impact of the coronavirus pandemic and its impact on the practice of law in Wisconsin and elsewhere. Visit often – the page will be updated frequently.

    Mar. 17, 2020
    Health Law Section Blog

    Supported decision-making agreements provide a means for individuals with functional impairments to maintain their self-determination when making decisions. Leah Ruedinger breaks down the scope of a supported decision-making agreement and discusses the role of the supporter in assisting individuals with functional impairments.

    Mar. 13, 2020
    Taxation Law Section Blog

    Signed into law in December, the Setting Every Community Up for Retirement Enhancement Act, or SECURE Act, changes many requirements for employer-provided retirement plans, IRAs, and other tax-favored savings accounts. Britany Morrison discusses the tax implications of a few key provisions in the Act, which are now in effect.

    Mar. 12, 2020
    Business Law Section Blog

    Now 20 years old, Wisconsin’s Uniform Electronic Transactions Act (UETA) governs the legality of electronic record storage and electronic signatures. Jamie Lumsden discusses the perceived ambiguities present in the law and cases from other jurisdictions where e-signature issues have arisen.

    Mar. 11, 2020
    Children & the Law Section Blog

    The State Bar of Wisconsin Board of Governors recently adopted a policy, recommended by the Children and the Law Section, against the indiscriminate shackling of children in court. Eileen Fredericks outlines the need for the policy, and discusses where in Wisconsin this policy is now in action.

    Mar. 09, 2020
    Family Law Section Blog

    Marital settlement agreements requiring college expense coverage for children can prompt disputes years after the divorce. David Kowalski discusses basic law on parental obligations for adult children, and suggests language to clearly define all parties’ obligations for parents jointly assuming this obligation.

    Mar. 06, 2020
    Labor & Employment Blog

    With cold and flu season in full swing and increasing reports of coronavirus, what are an employer’s obligations? Erica Reib provides tips for employers to consider when planning for an emergency.

    Mar. 05, 2020
    Agricultural Law and Rural Practice Blog

    A recent U.S. District Court decision addresses time limits and other issues on harvester’s liens under Wis. Stat. section 779.50. J. David Krekeler discusses the case and the decision, and what it may mean for Wisconsin custom harvesters.

    Mar. 03, 2020
    Construction & Public Contract Law Section Blog

    With the recent move of 3D construction printing out of the research labs and onto construction jobsites, there is a disconnect between the available technology and construction law. Bryan Kroes discusses the future of 3D printing and construction law.

    Mar. 03, 2020
    Dispute Resolution Section Blog

    Caucusing in mediation is useful way to exchange information and provide a safe place to reality check, brainstorm, and examine feelings. Cathy A. Warmington discusses the ins and outs of caucusing in mediation.

    Feb. 27, 2020
    Business Law Section Blog

    The Wisconsin Supreme Court’s recent decision in Marx v. Morris raises a number of questions surrounding limited liability companies. In this second of two articles, Drew Parrish and Robb Leach explore more questions in the wake of the Marx decision.

    Feb. 26, 2020
    Business Law Section Blog

    In Marx v. Morris, the Wisconsin Supreme Court handed down one of the more notable Wisconsin business decisions in recent years. In this first of two articles, Drew Parrish and Robb Leach explore their top questions in the wake of the Marx decision.

    Feb. 25, 2020
    Environmental Law Section Blog

    The state Legislature is currently weighing several water quality proposals that would affect the processes for establishing certain types of water quality standards in Wisconsin. Leslie Freehill explores the details of three of these proposals.

    Feb. 25, 2020
    Dispute Resolution Section Blog

    The decision in Ponfils Trust is a cautionary tale about according mediation agreements their due. James Mathie points out that preparing for agreements ahead of time can be the key to getting them right at the end of a long mediation.

    Feb. 19, 2020
    Health Law Section Blog

    With rising health plan costs, employers are seeking alternatives to the traditional provider networks, such as reference-based pricing. Angela Rust explores this health care payment model – and offers advice for health law attorneys with clients exploring reference-based pricing.

    Feb. 10, 2020
    Litigation Section Blog

    As litigators, we have experienced the good, the bad, and the ugly at depositions. Barbara O’Brien offers a few suggestions for a good deposition from our own Wisconsin litigators.

    Feb. 10, 2020
    International Practice Section Blog

    The U.S. Citizenship and Immigration Services has established a new mandatory internet-based electronic registration and lottery process for employers seeking to file H-1B petitions. Benjamin Kurten outlines the process, which starts March 1.

    Feb. 06, 2020
    Nonresident Lawyers Blog

    In a small tavern in Michigan's Upper Peninsula, you can find an outline of a body on the floor and a special gun kept by the tavern's owners for public viewing. Anne Ertel Sawasky takes a tour of the filming locations for the award-winning 1959 film, Anatomy of a Murder, starring Jimmy Stewart.

    Feb. 05, 2020
    Business Law Section Blog

    Many U.S. companies may be unaware of the cost savings and other benefits from taking advantage of foreign trade zone programs. Ngosong Fonkem discusses how the programs can be an effective strategy for companies seeking to adapt to ever-changing trade environment.

    Feb. 03, 2020
    Public Interest Law Section Blog

    If your student loans are forgiven as part of the Public Service Loan Forgiveness (PSLF) program, are they taxed? Amy Devine discusses the tax implications of student loans and forgiveness programs.

    Feb. 03, 2020
    Family Law Section Blog

    A newly passed Wisconsin bill creates a new presumption of paternity in Wisconsin through genetic testing. Donna Ginzl discusses the details of Senate Bill 158 and how it changes paternity determination in the state.

    Feb. 03, 2020
    Agricultural Law and Rural Practice Blog

    Wisconsin’s Right-to-Farm law is back in the spotlight with the first proposed changes since the 1990s. Cathleen Dettmann discusses the history of the law and the status of the proposed changes.

    Jan. 28, 2020
    Labor & Employment Blog

    Even with a recent U.S. Supreme Court victory, Epic Systems Corporation could still be paying hefty damages for misclassifying employees as exempt from overtime – and Epic is not alone. Jennifer Mirus and Brian Goodman discuss properly classifying employees as exempt from overtime in the context of recent rulings.

    Jan. 15, 2020
    Nonresident Lawyers Blog

    Amidst the Art Museum, the Liberty Bell, and Independence Hall in Philadelphia is a museum dedicated to medical oddities. Not for the squeamish, the Mütter Museum is your chance to see a little bit of Chief Justice John Marshall, who lived 1755-1835. Emily Kelchen talks about her experience as a legal tourist in the City of Brotherly Love.

    Jan. 15, 2020
    Appellate Practice Section Blog

    The U.S. Supreme Court may soon make a determination on whether sexual-orientation and gender-identity discrimination is a discrimination based on sex. Erin Strohbehn and Max T. Stephenson discuss the cases before the Court that address protections in Title VII of the Civil Rights Act of 1964.

    Jan. 14, 2020
    Public Interest Law Section Blog

    Attorneys seeking to use the Public Service Loan Forgiveness program must comply with certain requirements to have their student loans forgiven. In this Tip of the Month, Amanda Rabe discusses qualifying payments.

    Jan. 14, 2020
    Health Law Section Blog

    Three cases currently before the U.S. Supreme Court address whether the federal government is required to pay health insurers money under the risk corridors statute. Richelle Ladwig reviews the cases and its implications. “At stake is whether the government can be a trusted business partner for private entities,” she writes.

    Dec. 18, 2019
    Agricultural Law and Rural Practice Blog

    At this time of year, ag attorneys should facilitate year-end business valuation discussions with their farm clients. Christine Rasmussen discusses the importance of setting entity values in the farm context.

    Dec. 18, 2019
    Environmental Law Section Blog

    The Wisconsin Department of Natural Resources recently outlined its future priorities – including addressing clean drinking water in the state through rulemaking processes and analysis of emergent contaminants. Adam Voskuil outlines these priorities, as presented at a recent Environmental Law Update at the State Bar of Wisconsin.

    Dec. 13, 2019
    Labor & Employment Blog

    Over 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.

    Dec. 09, 2019
    Public Interest Law Section Blog

    In this Tip of the Month, Jacob Haller discusses how knowing and applying the research behind childhood maltreatment and its impacts can result in better advocacy for our clients.

    Dec. 05, 2019
    Children & the Law Section Blog

    The legal community can strengthen families by providing, training, and supporting attorneys for parents involved in the child welfare system, says Alaina Fahley, who discusses what high quality parent representation would look like in Wisconsin.

    Dec. 04, 2019
    Family Law Section Blog

    Family 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.

    Dec. 04, 2019
    Nonresident Lawyers Blog

    The 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.

    Dec. 03, 2019
    International Practice Section Blog

    With 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.

    Dec. 02, 2019
    Business Law Section Blog

    In 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.

    Nov. 19, 2019
    Labor & Employment Blog

    The 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.

    Nov. 18, 2019
    Environmental Law Section Blog

    How 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.

    Nov. 14, 2019
    Health Law Section Blog

    Health 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.

    Nov. 12, 2019
    Litigation Section Blog

    Commentary 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.

    Oct 29, 2019
    Construction & Public Contract Law Section Blog

    Environmental 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.

    Oct 28, 2019
    Public Interest Law Section Blog

    Borrowers 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.

    Oct 21, 2019
    Agricultural Law and Rural Practice Blog

    As 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.

    Oct 17, 2019
    Litigation Section Blog

    Whether 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.

    Oct 15, 2019
    Family Law Section Blog

    Exposure 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.

    Sep. 27, 2019
    Appellate Practice Section Blog

    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.

    Sep. 27, 2019
    Appellate Practice Section Blog

    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.

    Sep. 27, 2019
    Appellate Practice Section Blog

    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.

    Sep. 27, 2019
    Appellate Practice Section Blog

    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.

    Sep. 27, 2019
    Appellate Practice Section Blog

    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.

    Sep. 27, 2019
    Appellate Practice Section Blog

    In this six-part series, Jacques Condon takes a look at the concept and reality of standards of review in appeals. In this sixth and final part, he discusses the appellate review through the courts. “Justice,” he says “takes on the eye of the beholder.”

    Sep. 25, 2019
    Agricultural Law and Rural Practice Blog

    Farmers 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.

    Sep. 24, 2019
    Children & the Law Section Blog

    Children are different from adults, and should be treated differently within the justice system, says law student Nicole Beitzinger, who explores considerations and recent case law on teens sentenced to life without parole.

    Sep. 24, 2019
    Public Interest Law Section Blog

    A new Department of Homeland Security rule is causing many immigrant families to be fearful about using public benefits they qualify for. Megan Sprecher discusses the rule and its impact in the Tip of the Month.

    Sep. 23, 2019
    International Practice Section Blog

    Many 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.

    Sep. 20, 2019
    Labor & Employment Blog

    National Labor Relations Board recently announced a new and easier framework for employers to withdraw recognition of a union representing its workforce. Kevin Terry discusses the case of Johnson Controls, Inc., and its anticipated effect.

    Sep. 19, 2019
    Environmental Law Section Blog

    The 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.

    Sep. 16, 2019
    Family Law Section Blog

    Adversarial, 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.

    Sep. 05, 2019
    Environmental Law Section Blog

    The 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.

    Sep. 03, 2019
    Public Interest Law Section Blog

    As 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.

    Sep. 03, 2019
    Dispute Resolution Section Blog

    Mediation 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.

    Aug. 29, 2019
    Agricultural Law and Rural Practice Blog

    Recently 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.

    Aug. 27, 2019
    Construction & Public Contract Law Section Blog

    Gov. 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.

    Aug. 27, 2019
    Business Law Section Blog

    Throw away your assumptions. Matthew Lynch, a former private practitioner who recently switched to government work, offers a few tips on communicating with government regulator

    Aug. 23, 2019
    Taxation Law Section Blog

    The IRS recently sent letters to more than 10,000 taxpayers received regarding taxes on virtual currency transactions. Kelly Kuglitsch and Britany Morrison discuss the letters and what it means for the recipients.

    Aug. 21, 2019
    Environmental Law Section Blog

    The 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

    Aug. 20, 2019
    Family Law Section Blog

    When should post-filing debts be considered when establishing a balancing payment in divorce? David Kowalski discusses issues raised by a recent case.

    Aug. 15, 2019
    Labor & Employment Blog

    Proper preparation can help you maximize results for your clients during their mediation session. Jill Sopha shares her favorite tips for advocates in mediation.

    Jul. 25, 2019
    Family Law Section Blog

    When 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.

    Jul. 23, 2019
    Business Law Section Blog

    With 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.

    Jul. 18, 2019
    Agricultural Law and Rural Practice Blog

    A 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.

    Jul. 16, 2019
    Children & the Law Section Blog

    Knowledge 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.

    Jul. 12, 2019
    Taxation Law Section Blog

    The Tax Cuts and Jobs Act of 2017 gives taxpayers an opportunity to defer capital gain from the sale of assets by investing in economically distressed areas in Wisconsin and across the U.S. Peter J. White discusses the requirements of investing in Qualified Opportunity Zones.

    Jun. 25, 2019
    Family Law Section Blog

    What type of personal service is required in Wisconsin when proceeding with a contempt motion in family law cases? David A. Karp discusses the relevant statutory provisions and case law.

    Jun. 25, 2019
    Children & the Law Section Blog

    Your 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.

    Jun. 24, 2019
    Environmental Law Section Blog

    As 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.

    Jun. 21, 2019
    Litigation Section Blog

    Independent contractor misclassification is a growing issue in Wisconsin, and can lead to complications when a worker is injured on the job. Matthew Lein discusses the potential consequences of misclassifying workers in Wisconsin.

    Jun. 17, 2019
    Health Law Section Blog

    Family Care is a Medicaid long-term care program that allows eligible Wisconsin to reside in their own homes while receiving high-quality support and care management. Julianne Cox discusses the program, enrollment, and its benefits and services.

    Jun. 17, 2019
    Litigation Section Blog

    When 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.

    Jun. 10, 2019
    Family Law Section Blog

    ERISA vs. FSPA – what’s the difference? It’s a vital consideration for divorce practitioners, says James C. W. Bock. Find out what they are, and why the FSPA and the Survivor Benefit Plan statutes matter in family law.

    Jun. 10, 2019
    Environmental Law Section Blog

    Recently 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.

    May 28, 2019
    Agricultural Law and Rural Practice Blog

    Residents 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.

    May 28, 2019
    Business Law Section Blog

    Companies 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.

    May 24, 2019
    Public Interest Law Section Blog

    In the May installment of the PILS Tip of the Month, Elisabeth Stockbridge offers some insights to help ease the process of delivering bad news to clients.

    May 21, 2019
    International Practice Section Blog

    International pro bono projects help advance the rule of law, build relationships that help the United States, and are personally enriching. John Vaudreuil discusses the benefits of international pro bono work.

    May 16, 2019
    Litigation Section Blog

    Your task as litigator is to get the best possible jury to hear your client’s case. But how do you do that? Jacqueline Chada Nuckels discusses how to get the most out of voir dire.

    May 14, 2019
    Construction & Public Contract Law Section Blog

    Improperly classifying workers exposes an employer to significant fines and penalties. Andrea Murdock discusses various tests employers should use in determining whether to treat workers as independent contractors or employees.

    May 13, 2019
    Real Property Probate and Trust Law Blog

    The 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.

    May 13, 2019
    Environmental Law Section Blog

    "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.

    May 09, 2019
    Health Law Section Blog

    The 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.

    May 07, 2019
    Children & the Law Section Blog

    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.

    May 07, 2019
    Business Law Section Blog

    A recent Court of Appeals case drove home a point: That choice of law provisions matter. Steve Mroczkowski discusses the case, which also proves the importance of front-end negotiations.

    Apr. 29, 2019
    Family Law Section Blog

    A Legislative Council Study Committee recently proposed changes to child placement and support laws in Wisconsin. Tiffany Highstrom reviews the committee’s proposals and their potential impact on family law.

    Apr. 25, 2019
    Public Interest Law Section Blog

    When 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.

    Apr. 25, 2019
    Appellate Practice Section Blog

    Welcome to Sua Sponte, the blog of the State Bar of Wisconsin Appellate Practice Section. Blog editor Jacques Condon talks about the blog, and what it means for section members.

    Apr. 25, 2019
    Appellate Practice Section Blog

    What’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.

    Apr. 23, 2019
    Health Law Section Blog

    When does a workplace data collection become a medical inquiry? Barbara Zabawa discusses the notice requirements of workplace wellness programs.

    Apr. 23, 2019
    Agricultural Law and Rural Practice Blog

    Spring is planting time in Wisconsin, but not all farmers have enough operating capital to cover planting costs. J. David Krekeler discusses the financing options for spring planting.

    Apr. 18, 2019
    Business Law Section Blog

    In 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.

    Apr. 17, 2019
    Environmental Law Section Blog

    The 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.

    Apr. 10, 2019
    Health Law Section Blog

    The 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.

    Apr. 09, 2019
    Family Law Section Blog

    The 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.

    Apr. 05, 2019
    International Practice Section Blog

    The Huawei CFO’s prosecution signals a new enforcement strategy under the Trump administration to strictly enforce U.S. sanctions regulations. Ngosong Fonkem provides practical solutions for corporate officers seeking to avoid violating U.S. sanctions laws.

    Apr. 04, 2019
    Labor & Employment Blog

    The Social Security Administration recently announced that it will again be sending “no-match” letters. Jerome Grzeca discusses the announcement and advises that employers develop policies to address any such issues with their employees in a lawful andnon-discriminatory manner.

    Apr. 03, 2019
    Environmental Law Section Blog

    Two 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.

    Apr. 03, 2019
    Construction & Public Contract Law Section Blog

    Most 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.

    Apr. 03, 2019
    Public Interest Law Section Blog

    In this Tip of the Month installment, Amy Devine explains supported decision-making and the provisions for supported decision-making in Wis. Stat. chapter 52.

    Mar. 28, 2019
    Dispute Resolution Section Blog

    Dispute resolution is a useful tool in resolving professional liability cases. Perry Granof explores various dispute resolution procedures, including their efficacy and advantages and disadvantages.

    Mar. 21, 2019
    Children & the Law Section Blog

    In February 2019, the Wisconsin Joint Legislative Council unanimously voted to support changes involving minor guardianships. Deanna Weiss discusses the changes proposed in AB 47.

    Mar. 20, 2019
    Business Law Section Blog

    Two recent court decisions have found descriptions of collateral in financing statements to be inadequate because they relied on separate documents that were not on the public record. Emory Ireland discusses these decisions and their implications.

    Mar. 20, 2019
    Public Interest Law Section Blog

    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.

    Mar. 19, 2019
    Real Property Probate and Trust Law Blog

    Purchasers 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.

    Mar. 19, 2019
    Construction & Public Contract Law Section Blog

    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.

    Mar. 15, 2019
    Litigation Section Blog

    Wisconsin now has a limit on the number of written interrogatories. Ralph Tease and David Blinka share their thoughts on the impact of this new limitation, and what it may mean in civil litigation.

    Mar. 08, 2019
    Labor & Employment Blog

    When 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.

    Mar. 06, 2019
    International Practice Section Blog

    In 2018, the Trump Administration resurrected a 40-year-old statutory provision, resulting in increased tariffs on a diverse array of products – from machinery to garlic. Andrew T. Schutz discusses the past and present use of Section 301 of the Tariff Act of 1974.

    Mar. 05, 2019
    Agricultural Law and Rural Practice Blog

    Getting 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.

    Mar. 05, 2019
    Dispute Resolution Section Blog

    Listening 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.

    Feb. 28, 2019
    Nonresident Lawyers Blog

    A 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

    Feb. 26, 2019
    Health Law Section Blog

    If you have ridden in an Uber, booked a stay through Airbnb, or downloaded something from the Apple App Store, you are participating in the platform economy. Angela Rust offers three considerations for attorneys advising clients as the platform economy changes the health care landscape.

    Feb. 25, 2019
    Nonresident Lawyers Blog

    February 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.

    Feb. 14, 2019
    Construction & Public Contract Law Section Blog

    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. 13, 2019
    Family Law Section Blog

    Advocates 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.

    Feb. 13, 2019
    Children & the Law Section Blog

    Every 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.

    Feb. 13, 2019
    Business Law Section Blog

    Section 1202 of the amended Internal Revenue Code of 1986 allows exclude up to 100 percent of the gain on sale of stock held more than five years, if such stock meets the definition of “qualified small business stock.” Jim Phillips discusses some of the requirements and traps of Section 1202.

    Feb. 07, 2019
    Litigation Section Blog

    In 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.

    Feb. 06, 2019
    Construction & Public Contract Law Section Blog

    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.

    Feb. 05, 2019
    Business Law Section Blog

    Small business owners looking to exit their business are frequently encountering buyers who use the Small Business Administration 7(a) program to finance the purchase. Jeremy Klang discusses the unique aspects of this program, which affects how the small business owner may structure the transaction.

    Jan. 31, 2019
    Labor & Employment Blog

    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.

    Jan. 31, 2019
    Dispute Resolution Section Blog

    Certain legal disputes may be better handled by two neutral parties working together to help the case reach a resolution via co-mediation. Roy Wagner discusses when two heads are better than one.

    Jan. 30, 2019
    Litigation Section Blog

    The 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.

    Jan. 29, 2019
    Environmental Law Section Blog

    Environmental law practitioners should be aware of numerous changes contained in 2017 Wisconsin Act 369 that may affect their practice. Leslie Freehill discusses the Act and highlights many of its changes.

    Jan. 29, 2019
    Health Law Section Blog

    By including private insurers in its definitions, the Eliminating Kickbacks in Recovery Act brings a "seismic shift" to the fraud and abuse landscape, says James Junger. He discusses the Act and its implications for health care insurers and providers.

    Jan. 28, 2019
    Health Law Section Blog

    The 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.

    Jan. 24, 2019
    Public Interest Law Section Blog

    In 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.

    Jan. 23, 2019
    Environmental Law Section Blog

    The 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.

    Jan. 22, 2019
    Agricultural Law and Rural Practice Blog

    Get 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.

    Jan. 18, 2019
    Business Law Section Blog

    The 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.”

    Jan. 09, 2019
    Business Law Section Blog

    New 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.

    Jan. 09, 2019
    Nonresident Lawyers Blog

    Nonresident 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.

    Jan. 08, 2019
    Litigation Section Blog

    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.

    Jan. 04, 2019
    International Practice Section Blog

    When 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.

    Dec. 28, 2018
    Public Interest Law Section Blog

    In 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.

    Dec. 20, 2018
    Dispute Resolution Section Blog

    Mandatory mediation in elder law can save court resources and reach creative solutions that preserve family relationships and allow the elder’s voice to be heard, says Julie Short.

    Dec. 20, 2018
    Construction & Public Contract Law Section Blog

    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.

    Dec. 20, 2018
    Environmental Law Section Blog

    A 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.

    Dec. 19, 2018
    Agricultural Law and Rural Practice Blog

    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.

    Dec. 14, 2018
    Family Law Section Blog

    Recent 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.

    Dec. 14, 2018
    Children & the Law Section Blog

    Recent 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.

    Dec. 13, 2018
    International Practice Section Blog

    While 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.

    Dec. 12, 2018
    Real Property Probate and Trust Law Blog

    Achieving 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.

    Dec. 10, 2018
    Agricultural Law and Rural Practice Blog

    There 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.

    Nov. 30, 2018
    Public Interest Law Section Blog

    In the November 2018 Tip of the Month, Jacob Haller reflects on the reasons to consider a career in public interest law.

    Nov. 29, 2018
    Family Law Section Blog

    When 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.

    Nov. 29, 2018
    Litigation Section Blog

    Lawyers 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.

    Nov. 26, 2018
    Environmental Law Section Blog

    Tribes are important players alongside the federal and state governments in setting and enforcing environmental standards. Robert Lundberg discusses a current complication of tribal Clean Water Act regulation.

    Nov. 12, 2018
    Construction & Public Contract Law Section Blog

    Tenant 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.

    Nov. 12, 2018
    Business Law Section Blog

    Did you know that the Americans with Disabilities Act applies to websites? Benjamin Streckert discusses the issue and shares tips for websites to become more accessible.

    Nov. 07, 2018
    Environmental Law Section Blog

    In 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.

    Oct 31, 2018
    Public Interest Law Section Blog

    In the October Tip of the Month, Rich Lavigne reflects on a weekend at the National Public Health Law Conference in Phoenix.

    Oct 31, 2018
    Dispute Resolution Section Blog

    When valuing a case, lawyers should look beyond the legal issues to consider the client's personal costs and benefits of litigating. Jill Sopha discusses BATNA, or Best Alternative to a Negotiated Agreement, a formula to calculate the value of litigating a case.

    Oct 30, 2018
    Litigation Section Blog

    When something happens involving our clients' beloved pets, we often have to be reminded that pets aren’t human but are defined as property in Wisconsin. Just what does that mean legally, when pets cause injury or are hurt?

    Oct 29, 2018
    Litigation Section Blog

    Feb. 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.

    Oct 29, 2018
    Agricultural Law and Rural Practice Blog

    Wisconsin’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.

    Oct 24, 2018
    Labor & Employment Blog

    The 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.

    Oct 23, 2018
    Construction & Public Contract Law Section Blog

    With the advent of new construction delivery methods, the limits of protections from the Spearin Doctrine have been tested. Patrick Whiting discusses the intersection of the Spearin Doctrine and these new delivery methods.

    Oct 18, 2018
    Business Law Section Blog

    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.

    Oct 15, 2018
    Family Law Section Blog

    As 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.

    Oct 11, 2018
    International Practice Section Blog

    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.

    Oct 10, 2018
    Children & the Law Section Blog

    Some states have decided that open adoption may be considered when it is in the best interests of the child. Brooklyn Kemp writes about the issues, benefits, and disadvantages of open adoption.

    Oct 10, 2018
    Agricultural Law and Rural Practice Blog

    There are many positive commonalities among lawyers in a solo practice, whether they are in a rural or urban setting. Christopher Shattuck discusses a few resources to help you boost your practice no matter your location.

    Sep. 25, 2018
    Construction & Public Contract Law Section Blog

    When drafting construction contracts, it's good to pay attention to how disputes may be resolved. But how can you possibly know at the time of contracting which dispute resolution method is best? James Dash discusses what to consider when writing binding dispute resolution clauses.

    Sep. 24, 2018
    Business Law Section Blog

    Investing in a qualified Wisconsin business may provide certain tax benefits to individuals. Thomas J. Nichols and James W. DeCleene discuss these benefits and some potential pitfalls.

    Sep. 24, 2018
    Public Interest Law Section Blog

    In the September 2018 Tip of the Month, Susan Lund discusses alternatives to driver’s license suspension for low income individuals unable to pay forfeitures in circuit and municipal courts.

    Sep. 20, 2018
    Family Law Section Blog

    May parties stipulate to a lower standard for modification of custody and placement in the initial years following a judgment? James C.W. Bock explores case law and legislative intent involving the “best interest of the child” custodial standard.

    Sep. 13, 2018
    Business Law Section Blog

    The EU’s new data privacy law, the General Data Protection Regulation, represents far-reaching changes that make it one of the strictest in the world. Randal Brotherhood discusses this new law and why U.S. businesses need to pay attention to it.

    Sep. 12, 2018
    Environmental Law Section Blog

    The Wisconsin Legislature recently directed the DNR to study whether Wisconsin assume permitting authority over federal wetlands. Ted Warpinski and Chris Meuler discuss the mechanics of assumed jurisdiction as well as its potential benefits and costs.

    Sep. 07, 2018
    International Practice Section Blog

    The 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.

    Aug. 29, 2018
    Business Law Section Blog

    Annual legal reviews for nonprofit corporations can help maintain their tax-exempt status. James M. Ledvina outlines the steps to conduct legal reviews for a nonprofit entity, and discusses why they are necessary.

    Aug. 29, 2018
    Labor & Employment Blog

    Health 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.

    Aug. 27, 2018
    Public Interest Law Section Blog

    In this PILS Tip of the Month, Liz Groeschel explains how Emergency Assistance can help clients avoid eviction and pay for housing and utility expenses in times of financial crisis.

    Aug. 27, 2018
    Children & the Law Section Blog

    Called 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.

    Aug. 16, 2018
    International Practice Section Blog

    Cybersecurity is essential to keeping the internet open, free, and secure, especially on a global level. Matthew Koch and Kelly Krause discuss the current state of global cybersecurity efforts and issues.

    Aug. 16, 2018
    Environmental Law Section Blog

    This administration has made a number of significant changes to how the Environmental Protection Agency addresses scientific expertise and evidence. Steph Tai provides a brief summary of many of these changes.

    Aug. 15, 2018
    Litigation Section Blog

    Presentation technology can make your trial presentation engaging and impactful. Kristin Scheuerman gives tips from a trial consultant to help you bring your evidence to life.

    Aug. 13, 2018
    Business Law Section Blog

    When 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.

    Aug. 08, 2018
    Labor & Employment Blog

    From 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.

    Aug. 07, 2018
    Public Interest Law Section Blog

    In the August 2018 Tip of the Month, Elizabeth Stinebaugh shares resources for clients who have questions regarding consumer rights issues.

    Aug. 06, 2018
    Construction & Public Contract Law Section Blog

    In American Family v. Cintas, the Wisconsin Supreme Court enforced an indemnification provision under Ohio law. Kevin Long and Lars Gulbrandsen discuss the decision and its impact.

    Jul. 27, 2018
    International Practice Section Blog

    A new U.S. Citizenship and Immigration Services (USCIS) policy effective Sept. 11 makes it easier for officers to deny applications for immigration benefits. Jerome Grzeca discusses the new policy and its implications.

    Jul. 26, 2018
    International Practice Section Blog

    The 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.

    Jul. 24, 2018
    Environmental Law Section Blog

    Legal and policy disputes surrounding groundwater are gaining in importance, says David Strifling, who reviews recent and pending cases involving groundwater disputes.

    Jul. 23, 2018
    Nonresident Lawyers Blog

    The State Bar of Wisconsin’s Annual Meeting & Conference is a fantastic opportunity to make new connections, reconnect with old friends, attend CLEs, says Anu Chudasama. Learn more about the Nonresident Lawyers Division’s board meeting and activities at the Annual Conference.

    Jul. 17, 2018
    Environmental Law Section Blog

    Mining 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.

    Jul. 16, 2018
    Nonresident Lawyers Blog

    For his diligent work advocating for the nonresident lawyers of Wisconsin, Steven Schuster is the recipient of the 2018 Nonresident Lawyers Division Founder’s Award.

    Jul. 16, 2018
    Litigation Section Blog

    Oral 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.

    Jul. 13, 2018
    Real Property Probate and Trust Law Blog

    For 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.

    Jul. 11, 2018
    Children & the Law Section Blog

    A new legislative Act alters what a custodial parent must do to move or relocate with a child. Lisa-Marie Line outlines the changes, which became effective April 5, 2018.

    Jul. 11, 2018
    Family Law Section Blog

    The Wisconsin Legislature recently made significant changes to the law that governs when one divorced parent seeks to relocate far the child’s other parent. Tiffany Highstrom details the new procedures and standards applicable under the Act.

    Jul. 11, 2018
    Labor & Employment Blog

    How 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.

    Jul. 09, 2018
    Construction & Public Contract Law Section Blog

    Wisconsin 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.

    Jun. 29, 2018
    Dispute Resolution Section Blog

    Jim Mathie discusses how perspective taking can help to solve difficult puzzles in mediation.

    Jun. 28, 2018
    Family Law Section Blog

    On Jan. 1, 2019, child support maintenance is no longer deductible in divorce. Gregg Herman discusses the issue, and what it means for families undergoing divorce – and who will be paying the price.

    Jun. 27, 2018
    Children & the Law Section Blog

    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.

    Jun. 27, 2018
    Public Interest Law Section Blog

    In 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.

    Jun. 26, 2018
    Environmental Law Section Blog

    For the first time, opponents have challenged an approved diversion of Great Lakes water outside the Great Lakes basin. David Strifling discusses the challenge, and what it means for the Great Lakes Compact.

    Jun. 12, 2018
    Environmental Law Section Blog

    Ozone pollution is a public health hazard and a complex problem for the states, power plants, and industrial facilities that are responsible for reducing ground-level ozone. Maggie Brown and Sarah Geers discuss what the 2015 ozone air quality standard means for Wisconsin

    Jun. 05, 2018
    Labor & Employment Blog

    Employment lawyers Caitlin Madden and Sean Scullen discuss a recent Wisconsin-based case decided by the U.S. Supreme Court that may have far-reaching effects on employment litigation.

    Jun. 04, 2018
    Labor & Employment Blog

    Guest blogger Adam J. Tutaj of Meissner Tierney Fisher & Nichols S.C. provides “real dollar” examples of how differing settlement allocations may affect the taxation of employment claim settlements.

    May 31, 2018
    Family Law Section Blog

    Dividing retirement accounts during a divorce is not a straight-forward process. To avoid post-divorce litigation, it is vital to do the proper work on the front end, says David Kowalski.

    May 23, 2018
    Children & the Law Section Blog

    Petitioners should proceed carefully when using the newly revised Continuing Need of Protection or Services ground, writes Rebecca Kiefer.

    May 17, 2018
    Construction & Public Contract Law Section Blog

    Private 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.

    May 16, 2018
    Business Law Section Blog

    With 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.

    May 15, 2018
    Litigation Section Blog

    The 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.

    May 14, 2018
    Environmental Law Section Blog

    The Wisconsin Supreme Court recently issued a decision involving property owners with competing water-related private rights. The decision, says Gabe Johnson-Karp, has the potential to affect the property rights of thousands of property owners along Wisconsin’s flowages.

    May 01, 2018
    Family Law Section Blog

    Recently published legislation requires attorneys to add their name and state bar number when drafting pleadings for otherwise self-represented litigants. Donna Ginzl discusses changes in Wisconsin Act 317.

    May 01, 2018
    Taxation Law Section Blog

    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.

    Apr. 26, 2018
    Agricultural Law and Rural Practice Blog

    Lawyers who represent farmers or farm lenders are often surprised to learn of the unique liens that can arise by operation of law and without Uniform Commercial Code requirements. Troy Schneider describes three of these liens and their legal requirements.

    Apr. 26, 2018
    International Practice Section Blog

    The 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.

    Apr. 26, 2018
    Real Property Probate and Trust Law Blog

    With 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.

    Apr. 25, 2018
    Labor & Employment Blog

    A recent U.S. Supreme Court Order leaves intact the Seventh Circuit’s holding that “reasonable accommodation” is limited to measures that enable a person to work under the Americans with Disabilities Act. David McClurg discusses the case, the Order, and its implications for employers.

    Apr. 25, 2018
    Public Interest Law Section Blog

    In the April 2018 Tip of the Month, Yu Ha Kim shares stories of personally traumatic experiences in her public interest law career, and offers advice for a healthy approach to moving beyond trauma.

    Apr. 24, 2018
    Business Law Section Blog

    A 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.

    Apr. 18, 2018
    Litigation Section Blog

    Recent 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.

    Apr. 17, 2018
    International Practice Section Blog

    Protecting 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.

    Apr. 11, 2018
    Dispute Resolution Section Blog

    There are many hurdles and pitfalls when it is your job to find common ground with parents involved in custody disputes. Nancy Mills discusses her techniques to help parents overcome their issues and put their children first.

    Apr. 09, 2018
    Environmental Law Section Blog

    Wisconsin's Right to Farm Law in its current form is now more than 20 years old and, from a legal perspective, largely untested. Tressie Kamp surveys Right to Farm Law updates in Wisconsin and other states since 2002.

    Apr. 05, 2018
    Children & the Law Section Blog

    Katie Holtz talks about a great way for section members to maximize their member benefits - by using the Children & the Law Section elist.

    Apr. 04, 2018
    Family Law Section Blog

    There is validity in the moral principle that as a society we have a responsibility to ensure the protection of our most vulnerable members of the society, writes Mark Fremgen.

    Mar. 30, 2018
    Public Interest Law Section Blog

    In this March Public Interest Law Section Tip of the Month, Samir Jaber offers tips for maintaining positive relations with agencies, judges, and opposing counsel.

    Mar. 26, 2018
    Labor & Employment Blog

    The 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.

    Mar. 23, 2018
    Construction & Public Contract Law Section Blog

    The Wisconsin Supreme Court seems to have settled for now the question of whether attorney fees are recoverable in a statutory theft by contractor case. Mark Schmidt discusses the court’s decision.

    Mar. 19, 2018
    Real Property Probate and Trust Law Blog

    In 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.

    Mar. 14, 2018
    Agricultural Law and Rural Practice Blog

    Modern farms often consist of many interrelated owners and entities. Bridget Finke discusses the importance of considering the entire farm operation when assisting on a specific project.

    Mar. 05, 2018
    Family Law Section Blog

    With many family law litigants going without counsel, we need to be relevant to assist clients and add value to the divorce process, writes Margaret Hickey. One way to do that: Knowledge of elder law.

    Mar. 02, 2018
    Business Law Section Blog

    For new businesses considering going nonprofit, there’s a new alternative in Wisconsin – the benefit corporation. Thomas Schober discusses the details of this new type of corporation.

    Feb. 26, 2018
    Labor & Employment Blog

    Given 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.

    Feb. 26, 2018
    Public Interest Law Section Blog

    In 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.

    Feb. 22, 2018
    Children & the Law Section Blog

    With more than 110 court-ordered out-of-state mental health residential care placements for youth in 2017, the lack of in-state options is of deep concern for many in the child welfare and juvenile justice systems. The upward trend is a disturbing one, says Eileen Fredericks.

    Feb. 21, 2018
    Agricultural Law and Rural Practice Blog

    Solving 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.

    Feb. 20, 2018
    Business Law Section Blog

    The 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.

    Feb. 20, 2018
    Litigation Section Blog

    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.

    Feb. 14, 2018
    Construction & Public Contract Law Section Blog

    While 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.

    Feb. 14, 2018
    Environmental Law Section Blog

    A 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.

    Feb. 14, 2018
    Dispute Resolution Section Blog

    Former 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."

    Feb. 08, 2018
    International Practice Section Blog

    With 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.

    Feb. 01, 2018
    Family Law Section Blog

    The 2017 Tax Cuts and Jobs Act imposes sweeping changes in the tax code. Some of the most dramatic changes will affect taxpayers going through a divorce. David Karp discusses the changes that family law attorneys should be aware of.

    Jan. 30, 2018
    Labor & Employment Blog

    Changes 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.

    Jan. 26, 2018
    Agricultural Law and Rural Practice Blog

    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.

    Jan. 23, 2018
    Public Interest Law Section Blog

    In the January 2018 Tip of the Month, Susan Fisher shares resources and tips for electronic research for lawyers with limited access to commercial legal research platforms.

    Jan. 22, 2018
    Children & the Law Section Blog

    Following the establishment of the Speaker's Task Force on Foster Care, a new legislative package of 13 bills, called Foster Forward, was introduced. Megan DeVore talks about the Foster Forward bills and their potential to bring significant changes to the child welfare system in Wisconsin.

    Jan. 18, 2018
    Environmental Law Section Blog

    State 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.

    Jan. 17, 2018
    Litigation Section Blog

    Law 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.

    Jan. 17, 2018
    Construction & Public Contract Law Section Blog

    When must a dispute be arbitrated, and who decides? Matthew McClean discusses lessons learned from a recent Wisconsin Court of Appeals case that went to arbitration to determine whether the case was properly in arbitration.

    Jan. 12, 2018
    Construction & Public Contract Law Section Blog

    Employers with apprentices may receive as much as 2 percent credit – or up to $2,500 – on their Worker’s Compensation Premiums, effective Oct. 1, 2018.

    Jan. 11, 2018
    Business Law Section Blog

    Dissolving a corporation in Wisconsin can be a confusing process. Thomas Schober provides some useful steps to consider once a corporation is no longer needed.

    Jan. 09, 2018
    Family Law Section Blog

    The Family Law Section proposed two pieces of legislation to address practice issues in family law. Cassel Villarreal discusses the two bills, detailing the proposed changes in existing law.

    Jan. 05, 2018
    International Practice Section Blog

    Although 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.

    Jan. 04, 2018
    Business Law Section Blog

    Whilst 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.

    Dec. 21, 2017
    Environmental Law Section Blog

    A 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.

    Dec. 21, 2017
    Agricultural Law and Rural Practice Blog

    A 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.

    Dec. 21, 2017
    Public Interest Law Section Blog

    In the December Tip of the Month, attorney Amanda Rabe explains Wisconsin’s Safe at Home program, which protects the confidentiality of victims of abuse or threatened abuse.

    Dec. 18, 2017
    Labor & Employment Blog

    The U.S. Supreme Court recently declined to hear a case where the Ninth Circuit Court of Appeals determined that including a waiver with a Fair Credit Reporting Act (FRCA) disclosure may be a willful violation of the law. It’s a good time, says Michael Gentry, for employers nationwide to reassess their FCRA disclosures.

    Dec. 15, 2017
    Litigation Section Blog

    Litigators, would you choose the same field and profession again, given a chance to do something else? Patricia Epstein Putney recently conducted an informal survey of her peers … and found some interesting answers.

    Dec. 13, 2017
    Construction & Public Contract Law Section Blog

    The final price of a construction project is difficult to determine – and must be done before the contract is signed. Saul Glazer discusses the methods to determine that final price – and avoid serious issues that may arise when the price is incorrect.

    Dec. 12, 2017
    Children & the Law Section Blog

    Recent – 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.

    Dec. 08, 2017
    Business Law Section Blog

    The 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).

    Dec. 08, 2017
    International Practice Section Blog

    What 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.

    Dec. 07, 2017
    Construction & Public Contract Law Section Blog

    The 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.

    Dec. 07, 2017
    Family Law Section Blog

    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.

    Nov. 30, 2017
    Real Property Probate and Trust Law Blog

    Multiple 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.

    Nov. 29, 2017
    International Practice Section Blog

    For U.S. companies seeking to protect their trademarks in Europe, the U.K.’s imminent exit from the EU raises many questions. Elisabeth Townsend Bridge discusses what may happen with trademarks after Brexit.

    Nov. 29, 2017
    Labor & Employment Blog

    In a recent holding, the Seventh Circuit raised the proof of causality threshold under the False Claims Act from a “but-for” standard to “proximate cause.” Alan Olson discusses the holding and its implications.

    Nov. 28, 2017
    Construction & Public Contract Law Section Blog

    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.

    Nov. 27, 2017
    Public Interest Law Section Blog

    In 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.

    Nov. 21, 2017
    Dispute Resolution Section Blog

    From 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.

    Nov. 15, 2017
    Litigation Section Blog

    A 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.

    Nov. 07, 2017
    Business Law Section Blog

    What 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.

    Nov. 07, 2017
    Agricultural Law and Rural Practice Blog

    Farms, 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.

    Nov. 06, 2017
    Family Law Section Blog

    Wisconsin Department of Children and Families recently proposed to Chapter 150 Child Support Percentage of Income Standard. Tiffany Highstrom discusses the proposed changes which, if implemented, will impact how child support functions in Wisconsin.

    Nov. 06, 2017
    Real Property Probate and Trust Law Blog

    A recent ruling on an appeals case is a reminder of the importance of complying with Wisconsin's Homestead Law. Brad L.F. Hoeschen, Cheri Hipenbecker, and Duane H. Wunsch discuss the case, and its implications: a reminder to check the marital status of mortgage borrowers.

    Nov. 02, 2017
    Agricultural Law and Rural Practice Blog

    The 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.

    Oct 31, 2017
    Environmental Law Section Blog

    While 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.

    Oct 31, 2017
    Public Interest Law Section Blog

    In 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.

    Oct 26, 2017
    Nonresident Lawyers Blog

    The 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.

    Oct 26, 2017
    Nonresident Lawyers Blog

    With the number of recent disasters and shared tragedies, please remember that WisLAP, the Wisconsin Lawyers Assistance Program, offers free, confidential support to State Bar of Wisconsin members, their staff, and families.

    Oct 25, 2017
    Children & the Law Section Blog

    The 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.

    Oct 24, 2017
    Children & the Law Section Blog

    The 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

    Oct 23, 2017
    Construction & Public Contract Law Section Blog

    Construction 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.

    Oct 20, 2017
    Real Property Probate and Trust Law Blog

    On 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.

    Oct 16, 2017
    Dispute Resolution Section Blog

    In 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.

    Oct 13, 2017
    Litigation Section Blog

    Managing a client's expectations may be one of the most important tasks litigation attorneys have. Michael Laufenberg gives tips to avoid that cringe-worthy moment when with your client at a verdict reading.

    Oct 12, 2017
    Labor & Employment Blog

    The 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.

    Oct 06, 2017
    International Practice Section Blog

    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.

    Oct 05, 2017
    Family Law Section Blog

    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.

    Oct 04, 2017
    Construction & Public Contract Law Section Blog

    Wisconsin’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.

    Sep. 26, 2017
    Labor & Employment Blog

    Nicholas 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.

    Sep. 25, 2017
    Business Law Section Blog

    Some of the most powerful skills for practicing law come from lessons learned from those outside the profession. Clyde Tinnen talks about the lessons he learned from his grandparents and their wisdom that he uses on a daily basis.

    Sep. 22, 2017
    Public Interest Law Section Blog

    In the September Public Interest Law Section Tip of the Month, Susan Lund explains the process for addressing inaccurate records in a criminal history report.

    Sep. 21, 2017
    Environmental Law Section Blog

    The 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.

    Sep. 15, 2017
    Litigation Section Blog

    There are pitfalls and perils associated with properly commencing a civil action in Wisconsin. Michael Gill talks about those perils, and offers defenses to raise when defects exist.

    Sep. 13, 2017
    International Practice Section Blog

    A change in policy by U.S. Citizenship and Immigration Services could result in much a longer wait time for immigrants applying for permanent resident status. Benjamin Kurten talks about the policy change, which affects previously exempt applicants.

    Sep. 12, 2017
    Agricultural Law and Rural Practice Blog

    Decisions are complicated when succession planning includes a family business - such as the family farm. Bridget Finke discusses how dividing the decisions between a disaster plan and the succession plan can help simplify the farm transition process.

    Sep. 08, 2017
    Construction & Public Contract Law Section Blog

    Two proposed state Assembly bills would significantly impact how public works contracts are awarded. Patrick Whiting reviews how construction contracts are awarded in Wisconsin, and outlines the changes in the proposed bills.

    Sep. 05, 2017
    Family Law Section Blog

    For 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.

    Aug. 24, 2017
    Environmental Law Section Blog

    Wisconsin’s biennial budget, now nearly two months past due, is delayed over transportation issues. Dennis Grzezinski discusses how federal lawsuits involving Wisconsin highway projects may raise questions about the state's management of transportation issues.

    Aug. 24, 2017
    Labor & Employment Blog

    A 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.

    Aug. 17, 2017
    Agricultural Law and Rural Practice Blog

    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

    Aug. 16, 2017
    International Practice Section Blog

    International 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.

    Aug. 15, 2017
    Litigation Section Blog

    In June, a Transmittal from the Department of Health and Human Services created a buzz among lawyers and Medicare professionals after it appeared to require Medicare Set-Asides. A more careful read of the Transmittal leads to a different conclusion, says Kristen Scheuerman.

    Aug. 08, 2017
    Business Law Section Blog

    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.

    Aug. 07, 2017
    Construction & Public Contract Law Section Blog

    In June 2010, a young man was killed when a 13-ton concrete panel fell onto him in Milwaukee. The case is the basis for a recent Court of Appeals decision regarding statute of repose’s concealment exception. Hugh Anderson discusses the case and the nature of the evidence presented to establish the exception.

    Aug. 04, 2017
    Dispute Resolution Section Blog

    During 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.

    Aug. 02, 2017
    Family Law Section Blog

    As 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.

    Aug. 01, 2017
    Family Law Section Blog

    The 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.

    Jul. 31, 2017
    Public Interest Law Section Blog

    Looking for low-cost CLE courses? Elizabeth Stinebaugh shares some resources in this July 2017 Tip of the Month.

    Jul. 20, 2017
    Agricultural Law and Rural Practice Blog

    The Solo/Small Firm & General Practice Section announces a new blog for attorneys who practice in rural areas and in the area of agricultural law.

    Jul. 20, 2017
    Agricultural Law and Rural Practice Blog

    Attorneys who represent rural landowners should be prepared to advise their clients on tax credits available via the farmland preservation law, especially for clients who are retired farmers renting their land for farming. Troy Schnieder talks about the law and what is required to claim tax credit.

    Jul. 18, 2017
    Environmental Law Section Blog

    The 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.

    Jul. 17, 2017
    Litigation Section Blog

    Bad faith litigation against insurance companies often involves discovery beyond what is permitted for typical breach of contract claims. Barbara O’Brien explores discovery issues that both plaintiff’s and defense counsel face when a bad faith claim is alleged against an insurance company.

    Jul. 13, 2017
    Construction & Public Contract Law Section Blog

    Steven 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.

    Jul. 11, 2017
    International Practice Section Blog

    On June 26, 2017, the U.S. Supreme Court lifted a portion of the stay on some parts of the Trump Administration's travel ban. Jerome Grzeca discusses the ruling, and talks about who may or may not be affected by it.

    Jun. 30, 2017
    Business Law Section Blog

    The 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.

    Jun. 30, 2017
    Real Property Probate and Trust Law Blog

    Interest 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.

    Jun. 30, 2017
    Public Interest Law Section Blog

    In this June 2017 Tip of the Month, Colin Good offers some advice to job seekers about proactively addressing items that may cause concern in an employment-related background check.

    Jun. 22, 2017
    Real Property Probate and Trust Law Blog

    Condominium 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.

    Jun. 21, 2017
    International Practice Section Blog

    The Wisconsin Economic Development Corporation offers resources to help Wisconsin businesses, communities, and people thrive in a globally competitive environment. Jennifer Jin talks about the programs that can provide your clients with financial and technical support to accelerate their success.

    Jun. 20, 2017
    Environmental Law Section Blog

    The 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.

    Jun. 13, 2017
    Litigation Section Blog

    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?

    Jun. 12, 2017
    Construction & Public Contract Law Section Blog

    Wisconsin appellate courts have remained silent on the Spearin Doctrine, leaving open the question: how will our courts respond to a claim for recovery under this theory? A little used 100-year old doctrine could be the key, says Lauren Triebenbach.

    Jun. 08, 2017
    Labor & Employment Blog

    Understanding the differences between Wisconsin’s white-collar exemptions to overtime pay and their federal Fair Labor Standards Act counterparts requires an appreciation of the history and development of those exemptions under both the FLSA and Wisconsin law.

    Jun. 07, 2017
    Construction & Public Contract Law Section Blog

    In a recent decision, Wisconsin’s Supreme Court reiterated that private contractors may be immune from damages caused by implementing the plans and specifications provided by a governmental entity. "The decision provides a useful reminder that a private contractor may be able to benefit from the governmental entity’s immunity,” writes Chase Horne.

    Jun. 06, 2017
    Environmental Law Section Blog

    The 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.

    Jun. 01, 2017
    Business Law Section Blog

    While 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.

    May 31, 2017
    Real Property Probate and Trust Law Blog

    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.

    May 25, 2017
    Public Interest Law Section Blog

    The eligibility for student loan forgiveness with the American Bar Association's Public Service Loan Forgiveness Program is most likely safe and sound for most public interest and government lawyers. But, as Cathleen Dettmann explains in this May 2017 Tip of the Month, lawyers who work for a public service organization should check whether their employment actually qualifies.

    May 18, 2017
    Environmental Law Section Blog

    After a brief request for readers’ input to help get this fledgling blog off the ground, Gabe Johnson-Karp discusses two current issues in the area of water law.

    May 16, 2017
    Business Law Section Blog

    A 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.

    May 15, 2017
    Litigation Section Blog

    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.

    May 10, 2017
    Business Law Section Blog

    The 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.

    May 05, 2017
    International Practice Section Blog

    On April 18, 2017, President Trump signed an Executive Order (EO), “Buy American and Hire American.” Jerome Grzeca discusses what that might mean for the H-1B program.

    May 04, 2017
    Real Property Probate and Trust Law Blog

    A 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.

    May 03, 2017
    International Practice Section Blog

    Volunteering to be a practice judge for Marquette University Law School’s Philip C. Jessup International Moot Court Competition team is a fun way to help students hone oral advocacy skills and gain knowledge in international law.

    Apr. 28, 2017
    Construction & Public Contract Law Section Blog

    Mark Schmidt discusses the background and current status of a case now before the Wisconsin Supreme Court. “This case could have a big impact on claims for theft by contractor,” he writes.

    Apr. 26, 2017
    Public Interest Law Section Blog

    Feeling stressed after a court hearing didn't go your way or after a difficult client meeting? Worried about an upcoming trial on the calendar? Karen Bauer offers some helpful ideas for relieving work-related stress in this April 2017 Tip of the Month.

    Apr. 26, 2017
    Labor & Employment Blog

    The U.S. Department of Labor’s updated overtime regulations were set to go into effect Dec. 1, 2016, but were halted by an injunction. Erica Reib discusses the regulations’ current status and what may be next.

    Apr. 25, 2017
    Construction & Public Contract Law Section Blog

    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.

    Apr. 21, 2017
    Real Property Probate and Trust Law Blog

    Incentive trusts are not easy to draft, says Terry Campbell. But done correctly, an incentive trust establishs safeguards so that wealth will enhance and not hinder the life of the beneficiary.

    Apr. 20, 2017
    Environmental Law Section Blog

    In 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.

    Apr. 20, 2017
    Real Property Probate and Trust Law Blog

    The Real Property, Probate and Trust Law Section is establishing a new blog to provide members with valuable and timely information on issues important to members of this section.

    Apr. 19, 2017
    Environmental Law Section Blog

    The 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.

    Apr. 12, 2017
    Labor & Employment Blog

    A proposal in Gov. Scott Walker’s 2017-19 budget for an Equal Rights Division “Offer of Settlement” procedure is unnecessary and will place significant burdens on employees seeking to enforce their rights, say Jeffrey Sweetland and Barbara Zack Quindel.

    Apr. 12, 2017
    Litigation Section Blog

    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.

    Apr. 06, 2017
    Labor & Employment Blog

    The proposed elimination of Labor and Industry Review Commission in Gov. Walker's budget raises big questions about the future of unemployment, workers' compensation, and unemployment cases. “The reason for the Commission’s elimination establishes a chilling effect on judicial independence of any kind,” writes Victor Forberger

    Mar. 30, 2017
    Public Interest Law Section Blog

    Kate Schilling reviews some best practices for keeping the law office a safe and inclusive place for LGBTQ clients, in this February 2017 Tip of the Month.

    Mar. 30, 2017
    Public Interest Law Section Blog

    Samir Jaber offers some resources for learning how to efficiently use Google as a free legal research tool in this March 2017 Tip of the Month.

    Mar. 29, 2017
    Business Law Section Blog

    On 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.

    Mar. 28, 2017
    International Practice Section Blog

    Wisconsin 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.

    Mar. 16, 2017
    Public Interest Law Section Blog

    In this January 2017 Tip of the Month, Susan Fisher discusses key parts of the open records law, and suggests helpful resources.

    Mar. 15, 2017
    Public Interest Law Section Blog

    In this Tip of the Month from December 2016, Amanda Bergman discusses the Good Clause Claim – which allows a parent in certain circumstances to request an exception when State seeks to pursue child support.

    Mar. 15, 2017
    Litigation Section Blog

    The 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.

    Mar. 14, 2017
    Public Interest Law Section Blog

    In this Tip of the Month from November 2016, Melanie Cairns, Disability Rights Wisconsin, outlines recent public benefits updates, including cost-of-living adjustment from the Social Security Administration for 2017 and the expansion of protections under the Department of Housing and Urban Development.

    Mar. 13, 2017
    Public Interest Law Section Blog

    Used properly, the federal Medicaid mandate Early and Periodic Screening, Diagnosis, and Testing can give children access to health care services that would not normally be available under a state's Medicaid plan. Learn more in this Tip of the Month for October 2016 from Richard Lavigne.

    Mar. 12, 2017
    Public Interest Law Section Blog

    In this Tip of the Month from September 2016, Susan Lund reviews post-judgment motions to protect low-income defendants threatened with sanctions or arrest due to inability to pay non-criminal municipal forfeitures.

    Mar. 07, 2017
    Construction & Public Contract Law Section Blog

    A recent decision by a Milwaukee Circuit Court judge serves as guidance to plaintiffs in the future that defendant-specific expert testimony is crucial to establishing negligence on the part of design professionals for construction defects. Brian Smigelski discusses the decision and its impact.

    Feb. 24, 2017
    Labor & Employment Blog

    Employees 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.

    Feb. 15, 2017
    Construction & Public Contract Law Section Blog

    To 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.

    Feb. 15, 2017
    Litigation Section Blog

    Medical malpractice filings are significantly down in Wisconsin compared with past years, according to a review of recent data. Patricia Epstein Putney explores just why this is the case – and whether this is likely to change.

    Feb. 15, 2017
    Labor & Employment Blog

    Social 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.

    Feb. 15, 2017
    International Practice Section Blog

    When 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.

    Feb. 14, 2017
    Construction & Public Contract Law Section Blog

    Companies 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.

    Feb. 14, 2017
    Business Law Section Blog

    The 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.

    Feb. 10, 2017
    Dispute Resolution Section Blog

    On Jan. 12, 2017, the Wisconsin Supreme Court approved Rule Petition 16-04 that expanded the role of lawyer-mediators in family law cases. Hon. Michael Dwyer and Susan Hansen discuss the rule and what it means for the evolution of family law practice.

    Feb. 06, 2017
    Business Law Section Blog

    The Consumer Review Fairness Act of 2016 takes effect March 14, 2017. The act prohibits non-disparagement provisions in form contracts that are imposed on an individual without a meaningful opportunity to negotiate. Emory Ireland and Maximilian Traut discuss what businesses need to know about the act.

    Feb. 02, 2017
    Labor & Employment Blog

    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?

    Jan. 31, 2017
    Litigation Section Blog

    The increasing number of pro se litigants presents challenges to judges and litigation attorneys. Three circuit court judges weigh in on their philosophies in handling pro se litigants in their courtroom, and their advice to attorneys when facing pro se opposition.

    Jan. 10, 2017
    Construction & Public Contract Law Section Blog

    Cameron Smith talks about a recently argued Wisconsin Supreme Court case – Melchert v. Pro Electric Contractors. “The case gives the Court the opportunity to expound on two key aspects of immunity from liability for government contractors,” Smith writes.

    Jan. 05, 2017
    International Practice Section Blog

    Benjamin 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.

    Jan. 04, 2017
    Labor & Employment Blog

    Bryan Symes discusses the potential impact of a recent case, EEOC v. St. Joseph’s Hospital, Inc. on Americans with Disabilities Act accommodations. While the Eleventh Circuit concludes that the best candidate gets the job – what does this mean for Wisconsin?

    Dec. 20, 2016
    International Practice Section Blog

    Conducting 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.

    Dec. 15, 2016
    Litigation Section Blog

    Beth 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.

    Dec. 14, 2016
    Business Law Section Blog

    Recent 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.

    Dec. 13, 2016
    Dispute Resolution Section Blog

    You 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.

    Dec. 09, 2016
    International Practice Section Blog

    Meet Katie Henry, Executive Director of the Metropolitan Milwaukee Association of Commerce’s World Trade Association, the region’s largest and most experienced network of international exporters, importers, suppliers and service providers.

    Dec. 08, 2016
    Construction & Public Contract Law Section Blog

    Projects involving Disadvantaged Business Enterprises (DBE) can be challenging for contractors and non-DBE subcontractors. The Seventh Court’s decision implies that, for the foreseeable future, the law is settled that DBEs are found constitutional when tied to federal funds.

    Dec. 01, 2016
    Litigation Section Blog

    "Employee beware"? A recent order issued by the Eastern District of Wisconsin enforces a restrictive covenant by granting a preliminary injunction to the employer of a departing employee, even though the employee claimed she never consented to the employer’s online restrictive covenant.

    Nov. 22, 2016
    Labor & Employment Blog

    In May 2016, the Seventh Circuit held that arbitration agreements which prevent employees from proceeding collectively violate the NLRA and are thus unenforceable in Lewis v. Epic Systems Corp. Now, the Seventh Circuit has reiterated that holding in Riederer v. United Healthcare Services, Inc., and further drawn attention to a widening circuit split needing resolution by the U.S. Supreme Court.

    Nov. 21, 2016
    International Practice Section Blog

    In 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.

    Nov. 15, 2016
    Litigation Section Blog

    Some experts say driverless cars will be on the road in the coming years. While this is good news for increasing road safety, if your firm relies heavily on income generated by car crash cases – whether representing injured people or auto insurers – thereare very likely to be bumpy roads ahead.

    Nov. 14, 2016
    International Practice Section Blog

    The 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.

    Nov. 11, 2016
    Labor & Employment Blog

    Whether a mediation term sheet creates an enforceable settlement will be governed by state contract law, according to the Seventh Circuit. Mediator Jill Hamill Sopha discusses how parties can take steps to avoid unintended consequences of poorly drafted mediation term sheets.

    Nov. 11, 2016
    Construction & Public Contract Law Section Blog

    You 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.

    Nov. 09, 2016
    Business Law Section Blog

    The 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.

    Nov. 08, 2016
    Business Law Section Blog

    The Business Law Section has established a new blog to provide its members with valuable information on issues important to attorneys engaged in business law.

    Nov. 02, 2016
    Labor & Employment Blog

    Through Northwestern University, the National Labor Relations Board punted – but left open – the substantive issue of whether private university, grant-in-aid scholarship football players meet the statutory definition of “employee” for purposes of the National Labor Relations Act.

    Oct 28, 2016
    Litigation Section Blog

    Attorneys 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.

    Oct 25, 2016
    International Practice Section Blog

    International Practice Section Board Member Joseph M. Rivas was inducted into the Fellows of the Wisconsin Law Foundation on Oct. 18, 2016.

    Oct 12, 2016
    Labor & Employment Blog

    The Wisconsin Court of Appeals recently ruled – for the first time – that Wis. Stat. section 103.465 on the enforceability of restrictive covenants in employment relationships applies to employee non-solicitation provisions. This recent development may make many employers’ current covenants unenforceable.

    Oct 10, 2016
    Construction & Public Contract Law Section Blog

    Whether or not you like the economic loss doctrine, in construction circumstances it appears here to stay – after a recent and well-reasoned decision in Milwaukee County Circuit Court regarding Wis. Stat. section 895.447.

    Oct 06, 2016
    International Practice Section Blog

    What does it mean to seek refuge or asylum in the United States, and are all asylum seekers created equal?

    Sep. 29, 2016
    Litigation Section Blog

    The Wisconsin Supreme Court has amended Wis. Stat. section 803.08 (effective Jan. 1, 2017) to require the allocation of at least half of unclaimed class action awards to the Wisconsin Trust Account Foundation for the support of legal services to low-income and indigent persons.

    Sep. 26, 2016
    Labor & Employment Blog

    The Department of Labor’s new overtime rules go into effect Dec. 1, 2016. In addition to increasing the salary level required to satisfy the white collar exemption, the new rules affect how nondiscretionary bonuses, incentive payments, and commissions may be used to meet the salary level requirement.

    Sep. 22, 2016
    International Practice Section Blog

    Companies importing or exporting merchandise may be subject to claims under the False Claims Act, based on declarations made in connection with their import and export activities. Patrick Coffey and Jennifer Jin discuss the FCA and how companies can protect themselves from claims.

    Sep. 20, 2016
    Labor & Employment Blog

    Jerome Grzeca writes about recently announced penalty increases for immigration-related violations from the U.S. Justice Department, and discusses the new Form I-9, to be released Nov. 22.

    Sep. 15, 2016
    International Practice Section Blog

    A proposed new rule by the U.S. Citizenship and Immigration Services allows international entrepreneurs to stay for up to two years in the U.S. to oversee and grow their startup businesses.

    Sep. 13, 2016
    Litigation Section Blog

    In 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.

    Sep. 08, 2016
    Construction & Public Contract Law Section Blog

    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.

    Sep. 08, 2016
    International Practice Section Blog

    Meet Adam Konrad. He speaks German, and helps his German and Swiss clients with commercial operations in the U.S. And he has served since 2009 on the International Practice Section Board.

    Sep. 01, 2016
    International Practice Section Blog

    NRLD Past President Jim Casey discusses issues surrounding science and technology collaboration between the European Union and the U.S. The issues are now of greater importance given the positive BREXIT vote and the departure that will become reality over the next few years.

    Aug. 31, 2016
    Labor & Employment Blog

    The 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.

    Aug. 25, 2016
    International Practice Section Blog

    The 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.

    Aug. 23, 2016
    Litigation Section Blog

    The 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.

    Aug. 19, 2016
    Dispute Resolution Section Blog

    What happens when you apply interest-based bargaining techniques to the typically distributive process of buying a home? Michael Rust shares his experience.

    Aug. 18, 2016
    Dispute Resolution Section Blog

    We’re excited to announce the launch of a new blog for the Dispute Resolution Section!

    Aug. 18, 2016
    International Practice Section Blog

    The U.S. Commercial Service is the trade promotion arm of the U.S. Department of Commerce’s International Trade Administration. Learn more about this department with Damian Felton, Director of the U.S. Department of Commerce’s Commercial Service office inMilwaukee.

    Aug. 11, 2016
    International Practice Section Blog

    As of Dec. 1, 2016, Canadian companies will be able to hire or transfer Mexican employees more quickly and at a lower cost. Mexican citizens may apply for work permits directly at Canadian ports of entry, similar to American citizens.

    Aug. 09, 2016
    Construction & Public Contract Law Section Blog

    In a recent decision, the Seventh Circuit Court of Appeals weighed in on the application of promissory estoppel in the context of construction bidding. At issue is the impact of bid negotiations upon the general contractor’s ability to assert promissory estoppel where a subcontractor later declines or refuses to honor its bid.

    Aug. 08, 2016
    Construction & Public Contract Law Section Blog

    The 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.

    Aug. 08, 2016
    Construction & Public Contract Law Section Blog

    In a recent decision, the Seventh Circuit Court of Appeals faced the issue of whether a lender’s title insurance policy covers construction liens that arise from the lender’s decision to cease funding its construction loan due to a loan imbalance.

    Aug. 04, 2016
    International Practice Section Blog

    Putting on a panel at the State Bar of Wisconsin Annual Meeting & Conference, even one relating to international practice and involving participants’ use of Skype from Uganda, is surprisingly easy. This is the author’s journey.

    Jul. 27, 2016
    International Practice Section Blog

    Wisconsin 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.

    Jul. 26, 2016
    International Practice Section Blog

    We’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.

    Jul. 13, 2016
    Litigation Section Blog

    Under 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).

    Jun. 28, 2016
    Taxation Law Section Blog

    In 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.

    Jun. 22, 2016
    Taxation Law Section Blog

    This blog is designed to deliver the latest news, practical advice, and valuable resources that focus on tax matters.

    Jun. 14, 2016
    Litigation Section Blog

    The Supreme Court recently applied the economic loss doctrine’s “integrated systems” analysis in determining whether coverage is afforded where an insured provided a non-conforming product that was later incorporated into other property. Learn what this decision suggests in this blog post from Attorney Patryk Silver.

    Jun. 08, 2016
    Litigation Section Blog

    This 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.

    May 25, 2016
    Labor & Employment Blog

    Under new unemployment legislation rules, employees may be denied unemployment benefits if they are found to have engaged in “substantial fault.” A recent decision from the Wisconsin Court of Appeals gives us one of the first interpretations of what “substantial fault” means.

    May 04, 2016
    Litigation Section Blog

    In this initial post of the Litigation Section’s blog, Scott Minter looks back on the work of the Litigation Section during the past 40 years on behalf of members and civil justice.

    May 03, 2016
    Litigation Section Blog

    The 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.

    Mar. 18, 2016
    Labor & Employment Blog

    In 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.

    Feb. 29, 2016
    Labor & Employment Blog

    A 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.

    Feb. 24, 2016
    Labor & Employment Blog

    Although 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.

    Dec. 30, 2015
    Labor & Employment Blog

    Do employers who discount cash fringes in calculating overtime pay violate the Fair Labor Standards Act?

    Nov. 18, 2015
    Labor & Employment Blog

    In 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.

    Oct 19, 2015
    Labor & Employment Blog

    A recent Seventh Circuit decision may give some Wisconsin employees with restrictive covenants a stronger basis upon which to challenge the restrictions on their ability to compete with their employer and take co-workers with them.

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