Opinions, Voices & Ideas

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Jan

2023

Features

- Civil Litigation Series
  Discovery from Cell Phones in Civil Cases
- Almost everyone has a cell phone, and many people use their phones even when doing so is not advisable. Cell phones hold a great deal of personal data that could be relevant in any legal proceeding. Civil litigators might find much relevant evidence in the phones of parties and others involved in their cases.
- Civil Litigation Series
  In a Wrong Place at a Wrong Time: Data Breach Victims and Their Standing to Sue
- This article examines how data breaches harm, how courts grapple with them, and how the Supreme Court's decision in Transunion v. Ramirez may shape what harms qualify as "concrete" under Article III.
- Arbitration: The Pros, the Cons, and the Best Fit
- Explore the advantages and disadvantages of arbitration compared to litigation based on the goals of fair and efficient procedure, correct results, and minimizing adverse collateral consequences of the dispute resolution process; and the criteria that should govern the choice between those dispute resolution modes.

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Opinions, Voices & Ideas

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Feb

2023

Features

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

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Opinions, Voices & Ideas

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Mar

2023

Features

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

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Apr

2023

Features

- Criminal Law Series
  Criminal Justice Crisis: 'The Bill is Coming Due'
- Pay for district attorneys and public defenders is too low to attract and keep enough lawyers. And effects of the COVID-19 pandemic linger: Caseloads are up, but the number of prosecutors is down. The funding crunch affects the state Department of Justice and the entire state court system. This article explains the funding issues.
- Reducing Confusion and Limiting Delay in Family Law Proceedings
- Acts passed during the Wisconsin Legislature's 2021-22 session are designed to make family law proceedings, particularly divorces and legal separations and related postjudgment actions, easier for litigants, lawyers, and court staff. Here's what you need to know.
- Money Matters: How Regulation Affects Equity Crowdfunding for Small Businesses
- Lawyers advising businesses in search of seed money from "small" investors (individuals and entities with relatively low amounts at their disposal) must be aware of federal and Wisconsin laws regarding crowdfunding.

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May

2023

Features

- Civil Litigation Series
  Marching On: Wisconsin's Peculiar Products Liability Law After Murphy
- Plaintiffs in Wisconsin courts suing manufacturers for injuries caused by alleged product design defects must now meet both the reasonable-alternative-design requirements and the consumer-contemplation test. Here's what you need to know.
- Post-Election Municipal Issues: Oaths, Bonds, Vacancies, and Organizational Meetings
- The author discusses oaths of office, bonds, time of taking office, de facto officers, vacancies, and other spring organizational and transitional issues affecting new municipal officers and bodies.
- Civil Litigation Series
  Brett Favre’s Hail Mary: Defamation Cases and First Amendment Protections
- When do statements about people and events in the news cross the line from legitimate commentary and become libel or slander (collectively, defamation)? Ongoing litigation involving former football star Brett Favre might help clarify the law.
- The Pugilist’s Guide to Brief Writing
- The author provides tips for the non-physical-contact activity of creating persuasive arguments in litigation, gleaned from the experiences of boxing greats, including Floyd Mayweather, Manny Pacquiao, and Mike Tyson.

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Opinions, Voices & Ideas

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Jun

2023

Features

- 2023 Amendments to the Trust Account Rule: Electronic Transactions Permitted
- On March 30, 2023, the Wisconsin Supreme Court amended the lawyer trust account rule, SCR 20:1.15, removing prohibitions on electronic transactions and providing lawyers greater flexibility in handling client funds. The newly amended SCR 20:1.15 becomes effective July 1, 2023, and represents a major change in the regulation of lawyer trust accounts in Wisconsin.
- Emotional Intelligence and Cultural Competency: Keys to Being Effective In-house Lawyers
- Developing cultural competency is crucial to providing effective counsel to domestic and international businesses. The needs of specific businesses and their stakeholders are informed by their culture(s). Here are tips to develop their cultural competency and emotional intelligence.
- Justice Roggensack, 'Tireless Advocate' for Court System, Retires
- Justice Patience Roggensack will retire from the Wisconsin Supreme Court on July 31. Legal writer Jeff Brown spoke with her about her tenure and legal career.

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Opinions, Voices & Ideas

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Jul

2023

Features

- A Gift for Families: More Workplace Rights for Women
- Two recently enacted federal laws, the Pregnant Workers Fairness Act and the PUMP Act, provide greater protections in the form of accommodations to pregnant women and new mothers in workplaces.
- Dean Dietrich: Civility, Lawyer Wellness are Top Priorities for Ethics Giant
- As State Bar president, Dean Dietrich also plans to focus on inclusion and addressing legal deserts in greater Wisconsin.
- A Practical Guide to Trauma-Informed Lawyering
- Few people interact with the legal system unless they have experienced some type of traumatic event. To provide trauma-informed service to people involved in the justice system, lawyers must recognize trauma's existence and symptoms, be present, offer choices, and share knowledge.
- Policy or Prejudice? Examining the Historical Roots of the Governor’s Power to Remove a District Attorney
- The Wisconsin Statutes provide that the governor can remove district attorneys "for cause." But the definition of "for cause" is not clear. The author suggests an answer to the question of the breadth of the governor's removal powers.

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Opinions, Voices & Ideas

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Sep

2023

Features

- Wisconsin Supreme Court 2022-23 Term: It's a Wrap
- The court issued fewer 4-3 decisions but decided major issues during the 2022-23 term. As the court opens its 2023-24 term in September, we look back at the 45 substantive decisions issued in the 2022-23 term and ask a civil litigator and a former public defender for their insights.
- Significant Recent Wisconsin Federal Court Decisions
- The author reviews six significant Wisconsin federal court decisions from 2023 interpreting Wisconsin law. The decisions touch on a variety of subjects: personal jurisdiction, legal causation, bad faith, claim preclusion, contractual liability limitations, and exclusive remedies.
- Figuring Out Governmental Immunity
- The author discusses a few of the most significant Wisconsin cases in which the supreme court has grappled with the liability or immunity rule, distinctions between governmental entities and governmental employees, and discretionary versus ministerial duties.

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