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Opinions, Voices & Ideas

• President's Message
  Moving the Profession Forward – Solo and Small Firm Lawyers
• Your State Bar
  Paralegal Certification Program Expands Access to Justice
• Q&A Profile
  Q&A with Wisconsin Attorney General Josh Kaul
• Ethics
  Know Your (Material) Limits
• Solutions
  Taking Steps to Stop Violence Against the Legal Community
• On Balance
  The Power of Ikigai: Unveiling Purpose for Lawyer Well-Being
• Technology
  Pick Your Winner: 2024 Smartphone Lineup
• Rotunda Report
  In It for the Long Haul – Criminal Justice Reform Doesn't Happen Overnight
• Final Thought
  Coming Together to Improve Our Criminal Justice System

Also Inside

• Letters
• Briefly
• Court of Appeals Digest
• Members Only
• Classifieds

Jan

2024

Features

• • Genetic Genealogy in the Legal System
  • The use of genetic-genealogy test results by law enforcement agencies and other investigators to attempt to identify criminal suspects is regarded by many people as positive, but scientific limitations and privacy-related legal and ethical concerns abound
• • Wisconsin Disability Accommodation Law Evolves
  • Wisconsin law provides some protections against adverse employment actions for employees who have disabling illnesses or conditions that affect their work. A recent Wisconsin Court of Appeals case demonstrates that employers must act in good faith when employees request disability accommodations in the workplace.
• • Becoming a Great Negotiator: Six Tips for Lawyers
  • In law, as in life generally, resolving a disagreement often requires the willingness to give up some things in exchange for getting others. Lawyers who are great negotiators can help clients reach optimal results.

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Opinions, Voices & Ideas

• President's Message
  Moving the Profession Forward – Honoring a Lawyers' Lawyer
• Your State Bar
  Guardians of the Rule of Law
• Ethical Dilemma
  Charging Electronic Payment Fees
• Solutions
  Thinking Like an Executive: General Counsel as Business Partner
• Reflections
  International Humanitarian Law and Armed Conflicts
• Technology
  Artificial Intelligence: How It Can Target Your Cybersecurity Defenses
• Nuts & Bolts
  Building an In-House Legal Department
• Managing Risk
  In-House Counsel's Due Diligence for Contracts with Technology Vendors
• Practice Pulse
  Practice Management and Legal Technology Trends to Watch
• Blogs of the Month
  Keeping Recipients in Poverty: Problems with Supplemental Security Income Asset Limits
• Final Thought
  Sponsorship: The Art of Advancing Others

Also Inside

• Briefly
• Supreme Court Digest
• Court of Appeals Digest
• Lawyer Discipline
• Members Only
• Classifieds

Feb

2024

Features

• • The Rapidly Changing Landscape of Commercial Contracting
  • A variety of approaches, from using cloud-based customer relationship management software and generative AI programs to setting up global service centers outside the U.S., can help in-house counsel better serve clients and customers.
• • Wisconsin Legal Trends 2024
  • Service to clients, through valued advice and guidance in various substantive areas of law, will still rule the day. In this article, we look at trends in 17 different practice areas, with insights from Wisconsin lawyers – many of them members and leaders of State Bar of Wisconsin sections.
• • Cy Pres Rule Can Boost Legal Aid Funding
  • The cy pres rule earmarks unspent funds from class action settlements for legal aid organizations, including half to the Wisconsin Trust Account Foundation. But these residual funds can go unawarded if lawyers and judges don’t know about the rule.

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Opinions, Voices & Ideas

• President's Message
  Moving the Profession Forward – Forever in Blue Jeans?
• Editor's Note
  Writing for Success: Your Magazine
• Your State Bar
  Building a Legacy, One Leader at a Time
• As I See It
  Race Conscious Admissions in Colleges
• Ethics
  The Story of Stuff
• Solutions
  Learning After the Pandemic
• Legal History
  Lavinia Goodell: 10 Things You Might Not Know about Wisconsin's First Woman Lawyer
• Technology
  Mastering Data Resilience and Business Continuity
• Ethics Opinion
  EF-24-01: Recording Others Without Disclosure or Consent
• Final Thought
  Speak Up: Cast Your Ballot in State Bar Elections

Also Inside

• Briefly
• Shelf Life
• Supreme Court Digest
• Court of Appeals Digest
• Lawyer Discipline
• Members Only

Mar

2024

Features

• • Wisconsin Fair Dealership Law Turns 50: Developments Lawyers Should Know
  • The Wisconsin Fair Dealership Law was enacted in 1974. Two Wisconsin lawyers sum up the law's evolution in the decades since.
• • The Wisconsin Fair Dealership Law: A Personal Look Back Over 50 Years
  • A creator of Wisconsin's 50-year-old fair dealership law shares a few memories regarding the law's origins.
• • United States Attorneys: A Law Firm Unlike Any Other
  • U.S. Attorneys bring and defend cases in federal district court on behalf of the federal government. This article highlights U.S. Attorneys' civil work, describing some of the matters handled in the Western District of Wisconsin.

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Opinions, Voices & Ideas

• President's Message
  Moving the Profession Forward – We Are Not Superheroes
• Your State Bar
  New Maps Bring New Challenges and Opportunities
• Ethical Dilemma
  Closing a Solo Practice
• Women History Makers
  Gwendolyn Lindsay Cooley: The Power of 'Yes'
• On Balance
  'To Change the World': Meditation and Mindfulness in Your Practice
• Technology
  Don't Be Fooled: Identifying and Combating Common Scams in 2024
• Rotunda Report
  State Bar Advocacy: Creating Good Policy Is Good Politics
• Final Thought
  Continue to Honor Those Who Paved the Way

Also Inside

• Briefly
• Court of Appeals Digest
• Lawyer Discipline
• Members Only
• Classifieds

Apr

2024

Features

• • Emergency Rulemaking: No Paddle Necessary
  • Emergency rules allow an agency to implement policies much faster than going through the lengthier permanent rulemaking process, but limits on rule duration and the distinct, truncated nature of the process require careful planning and consideration.
• • Alcohol Regulation in Wisconsin: Changes Bring Fizz to Businesses
  • The author highlights a few of the major changes made by 2023 Wis. Act 73, an overhaul of Wis. Stat. chapter 125, Wisconsin's alcohol-regulation statutes. Learn more about the act's effects on three-tier restrictions, contract manufacturing, full-service retail privileges, and regulation of venues.
• • 45 Years and Counting: Citizens Utility Board of Wisconsin
  • Public involvement in utility regulation in Wisconsin is expanding in pace with climate change, concerns about traditional energy sources, and increased use of renewable energy. The Citizens Utility Board fights for evidence-based outcomes and for transparency, inclusivity, and the public's right to be informed and involved about Wisconsin utilities.
• • As I See It
    The SEC's Regulatory Assault on U.S. Capital Markets
  • The author urges lawyers to monitor Securities and Exchange Commission regulatory proposals and submit comments on proposed rules that might have significant effects on business clients.

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Opinions, Voices & Ideas

• President's Message
  Moving the Profession Forward – Embrace Artificial Intelligence
• Your State Bar
  Staying True and On Course
• Reflections
  The Quiet Odyssey: Navigating the Silence Within
• Learning to Learn
  Treat Learning as an Asset
• Practice Pulse
  Spring Cleaning for Lawyers: Protect Your Clients Through Planning
• Women History Makers
  Judge Ramona Gonzalez: Tending to Democracy
• Ethics
  "Ethics Song '89": Conversations About More Than the Weather
• Technology
  Tech-Powered Communication:Boosting Efficiency and Ensuring Security
• On Balance
  When Lawyers Need Help, Where Do They Go?
• Solutions
  Electronic Filing Revolutionizes Service and Convenience in Wisconsin Courts
• Final Thought
  Technological Changes Over 50 Years in Practice

Also Inside

• Letters
• Briefly
• Supreme Court Digest
• Court of Appeals Digest
• Lawyer Discipline
• Shelf Life
• Members Only
• Classifieds

May

2024

Features

• • Postmortem of a Breakdown:
    A New Approach to Work
  • I experienced an acute depressive episode, triggered by extreme anxiety and stress. Like many lawyers, I had a lot of both. This is what happened and how a new approach to work helped me to not just recover but thrive. I share this with the hope that other lawyers will not make the same mistakes I did – pushing off the need to address their mental-health struggles. This is my story.
• • Wisconsin Trust Code Trailer Bill
  • On March 23, 2024, legislation amending the Wisconsin Trust Code took effect. The Trailer Bill provides numerous enhancements to the depth and efficacy of Wisconsin's trust law. Among the topics covered are classes of beneficiaries, representation of beneficiaries interests, nonjudicial settlement agreements, and the treatment of digital property owned by married persons.
• • A 'How To' Guide for Lawyers
    Remote Witnessing and Notarization of Estate Planning Documents
  • Emergency rules necessitated by the COVID-19 pandemic have now been made permanent. 2023 Wisconsin Act 130 was signed into law on March 21, 2024, and took effect on March 23, 2024. Act 130 provides guidance on how and when lawyers, principal signers, notaries, and witnesses may use remote witnessing and notarization procedures for estate planning documents.

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Opinions, Voices & Ideas

• President's Message
  Moving the Profession Forward – Every Member, Every Year
• Your State Bar
  Bringing the World, the Law, and Our Members Together
• Reflections
  Ada Deer: Champion of Social Justice
• On Balance
  Keeping Lawyers Alive
• Ethical Dilemma
  Minimizing Imputed Prospective-Client Conflicts
• Rotunda Report
  State Bar Achieves Much in the 2023-24 Legislative Session
• Women History Makers
  Kathryn Tierney Argued Landmark Tribal Cases
• Women History Makers
  Judge Jo Deen Lowe – A Long Line of Strong Women
• Final Thought
  Lavinia Goodell's Eternal Legacy

Also Inside

• Briefly
• Supreme Court Digest
• Court of Appeals Digest
• Lawyer Discipline
• Members Only
• Classifieds

Jun

2024

Features

• • Indian Law in Wisconsin: A Primer
  • The author provides an overview of the 11 federally recognized tribes in Wisconsin and their relationships to and with the federal and state governments and laws.
• • Menominee Termination and Restoration
  • This article focuses on the Menominee Indian Tribe's termination and restoration against the backdrop of federal governmental policy toward all tribes in the United States.
• • The Space Between Birthright and Blood Quantum
  • Until 1974, the father's name was not included on birth certificates of children born in Wisconsin to unwed parents. This practice has particularly serious ramifications for Indigenous children.
• • Wisconsin's Tribal Gaming Compacts and Their Effects on Sovereign Immunity
  • The gaming compacts by which Indian tribes obtained sole and exclusive right to conduct specific gaming enterprises in Wisconsin require tribes to secure liability insurance and a carrier endorsement that limit the carrier from asserting a sovereign immunity defense.
• • How Tribes Respond to Changing Environments
  • The earth's changing climate has significant ramifications for Indian tribes' subsistence needs, public health, economic stability, sovereignty, and traditional ways of life. Learn how tribes are addressing environmental harms.
• • Be a Good Friend: Tips for Effective Amicus Briefing
  • Amicus practice is particularly common in federal Indian law cases. Here are examples that demonstrate some of the more nuanced elements of strategic amicus practice.

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Opinions, Voices & Ideas

• Your State Bar
  Finding, Building & Growing Community
• Ethics
  Panic! At the Hypo
• Managing Risk
  What Comes Next? Succession Planning for Civil Litigators
• On Balance
  Imposter Syndrome in the Legal Profession: Breaking the Cycle of Self-Sabotage
• Technology
  How to Ghost the Bad Guys and Protect Your Privacy
• Women History Makers
  Tamara B. Packard: When Work Is Advocacy
• Final Thought
  A Closing Statement

Also Inside

• Letters
• Briefly
• Court of Appeals Digest
• Members Only
• Classifieds

Jul

2024

Features

• • Ryan Billings: Litigator Aims to Be Ambassador for Wisconsin Lawyers
  • As State Bar president, Ryan Billings plans to also focus on lawyer wellness and ensure that the State Bar provides good value to its members.
• • Understanding the New FTC Rule on Non-Compete Clauses and Challenges to It
  • The Federal Trade Commission's recent final rule banning the use or enforcement of non-compete clauses and agreements with workers could affect countless businesses, employers, and employees.
• • Medicare Set-Aside Arrangements: Submit or Not Submit?
  • This article provides a background on the Medicare Secondary Payer Act and Medicare set-aside arrangements (MSAs) and things that attorneys practicing in worker's compensation law should consider from the time of case opening.
• • As I See It
    Left in the Dark: State v. A.G. & Burden of Proof in Involuntary TPR Dispositional Hearings
  • Despite many mentions in unpublished opinions and the recent lengthy journey of one case through the Wisconsin court system, crucial issues regarding the burden of proof, if any, at termination-of-parental-rights disposition hearings remain unresolved.
• • State Bar Members Play Vital Role in State Judicial Appointments
  • Wisconsin governors have long relied on committees of State Bar of Wisconsin members for advice when making judicial appointments.

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Opinions, Voices & Ideas

• President's Message
  Taking Care of Ourselves and Each Other
• Editor's Note
  State Bar Will Hold Special Election for President-elect in October
• Your State Bar
  The Elephant … and Donkey in the Room
• Ethics
  Don't Leave Clients in the Lurch: Prepare a Succession Plan Today
• Women History Makers
  Laurie R. McCallum: Grateful Trailblazer
• Final Thought
  Strengthening Our Democracy: Lawyers Play a Vital Role

Also Inside

• Briefly
• Supreme Court Digest
• Court of Appeals Digest
• Members Only
• Classifieds

Sep

2024

Features

• • Wisconsin Supreme Court: 2023-24 Term Review and 2024-25 Preview
  • Despite a low overall tally of opinions, the 2023-24 term was a headliner for democracy-related cases in the Wisconsin Supreme Court, and the justices show no signs of slowing down.
• • Significant Recent Wisconsin Federal Court Decisions
  • This article reviews seven significant Wisconsin federal court decisions from 2023 and 2024 interpreting Wisconsin law. The decisions touch on a variety of subjects: foreign statutes of limitations, minimum markup rules for gasoline, choice of wrongful death laws, intervening and superseding cause, deceptive trade practices, and false advertising.
• • Legislative Power to Suspend Administrative Rules: A Historical Look
  • The history of the Wisconsin Legislature's power to suspend administrative rules and the most significant related case, Martinez v. Department of Industry, Labor & Human Relations, have been largely forgotten. As questions of the separation of powers between the branches again make their way to the Wisconsin Supreme Court, this article revisits the history and Martinez.

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Opinions, Voices & Ideas

• President's Message
  Solo but Not Alone: Building Connections in Our Common Legal Ecosystem
• Your State Bar
  Addressing the Rural Practice Shortage
• Ethical Dilemma
  Ethical Considerations When Using Generative Artificial Intelligence
• The Lawyer's Journey
  Asking Leopards to Change Their Spots: Can Lawyers Change? Should They?
• Women History Makers
  The Rise of Wisconsin Women in the Law … But Only After Securing the Right to Vote
• Rotunda Report
  Promoting Democracy and Understanding Elections Starts with Education
• Learning to Learn
  Harnessing the Power of Subject Matter Expertise
• Final Thought
  Coming Together: Dodge County Bar Schuetzenfest

Also Inside

• Briefly
• Court of Appeals Digest
• Shelf Life
• Members Only
• Classifieds

Oct

2024

Features

• • The Return of Dicta Under Wisconsin Law?
  • In a 2010 opinion, the Wisconsin Supreme Court unanimously concluded that lower courts may not dismiss prior published authority as dicta. The court’s reasoning was that by dismissing a statement as dictum, a court necessarily withdraws or modifies the opinion in which it appeared. The authors suggest that this approach is unworkable and that the supreme court can mirror the pragmatic federal approach and return to a middle ground.
• • Two Wrongs Don’t Make a Right to Coverage: 'Single Claim' Provisions in Liability Policies
  • Insurance policy single claim provisions, which combine into one claim multiple claims that are based on interrelated wrongful acts, sometimes benefit insureds but usually operate to their detriment. This article illustrates the operation of a typical single claim provision and suggests strategies for insureds and insurance companies to avoid or preserve their applicability.
• • As I See It
    The Potential for Electoral Reform in Wisconsin: A Legal Analysis
  • The authors provide an overview and critique of our current voting systems, summarize various available reforms, and make the case for one particular election system, Final Five Elections.

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