News & Pubs Archive

What is a health care provider to do when law enforcement comes knocking and the target is a patient? Stephane Fabus highlights the legal and compliance considerations for navigating interactions with law enforcement officials, given the recent changes inreproductive health privacy and the rollback of ICE’s Protected Areas policy.

Lawyers, how do you find time in your busy and stressful practice to protect your mental health? Cara Lamusga, WisLAP member coordinator, offers strategies to help you lower stress and preserve your joy.

Energy storage is taking the energy word by storm, so much so that standalone energy storage projects are becoming commonplace. Orrie Walsvik and law student Scout Devoti discuss how standalone projects may fit into Wisconsin’s regulatory scheme.

Formerly incarcerated individuals often struggle to access health care and obtain health insurance coverage. Christine Huberty discusses the health care options for formerly incarcerated individuals, specifically those with disabilities or over age 65, who will be impacted by new Medicare rules.

In Wisconsin, the requirement of finding fault in divorce has come and gone over the decades. Comm. Barry Boline discusses the history of divorce and finding fault in Wisconsin.

Muldrow v. City of St. Louis relaxed the requirements for demonstrating “harm” in Title VII discrimination cases. Martin C. Kuhn examines Muldrow’s impact on such cases in the Seventh Circuit, including those cases where courts have declined to apply or extend Muldrow.

The EPA recently reclassified several counties in southeastern Wisconsin from “moderate” to “serious nonattainment” for the 2015 ozone National Ambient Air Quality Standards. Michael Moran discusses the “bump up” and its effects on the Greater Milwaukee area.

A 40-year-old Wisconsin grant program for specified minority groups unconstitutionally discriminated against everyone else, according to a Wisconsin Court of Appeals decision applying the U.S. Supreme Court’s 2023 holding on race-based college admissions.

The pandemic could not justify eliminating a mother's right to a jury trial for a claim of medical malpractice arising from childbirth and the death of her newborn son in 2020, making a statute granting broad immunity to health care providers unconstitutional.

A 4-3 Wisconsin Supreme Court majority declined to decide a voter's complaint of five alleged violations of election law because it concluded those complaints to the Wisconsin Election Commission did not personally affect him.

It appears that 2025 is a year of sweeping policy changes in the U.S. Evan Lin discusses what estate planning attorneys should keep in mind for their clients this year.

Workers in health care industries face the highest rates of workplace violence. Christopher Toner discusses how attorneys can help their health care clients take proactive steps to provide a workplace free of violence.

Although the Wisconsin Supreme Court ruled unanimously that Chief Administrator Meagan Wolfe remains a lawful holdover appointee after her term ended July 1, 2023, the case reopened disagreement over the Prehn case that decided this result.

To be most effective on behalf of minors, you have to understand the ins and outs of a personal injury case. Kristen Scheuerman offers advice on how to effectively approach settlements offered to minors working with a guardian ad litem (GAL).

Rapid advancement of generative AI tools are reshaping the legal practice, and law firms are facing a fundamental challenge to their traditional business model. Srishti Ponnala discusses how firms using AI can develop their practice and compensation models to thrive in this new era of legal practice.

Lawyers can often struggle to become more organized in their professional and personal lives. Are you one of them? Here’s an idea: try using an unconventional organizational method based on emotion.

A post-divorce order without a finality label remained the final order because it resolved the movant's issues – and a subsequent motion by the other side would address an issue mentioned in the order but was not yet briefed.

Wisconsin’s lenient OWI law for first-time offenders has no parallel across the country. Matthew Kline discusses Wisconsin’s unique law for first-time operating while intoxicated (OWI) offenses and the possible consequences of such leniency.

A public records request appeal turned into a Wisconsin Supreme Court discussion about how the state’s appellate courts should work after the District II Wisconsin Court of Appeals failed to follow a prior District IV decision.

Cultural competency is a fundamental skill that helps attorneys with effective representation by reducing miscommunication. Nancy Martinez Ramirez discusses cultural competency and why it is vital to enhancing your practice.

For those seeking to purchase a home, a home inspector can offer valuable insights about a building’s structure and components – but their responsibilities are not comprehensive. Kevin Trost discusses the legal responsibilities of home inspectors under Wisconsin law.

Unfortunately, domestic violence is a common issue in family law cases. Haley Bjorn dives deep into Wis. Stat. section 767.41(2)(d)(1), which addresses changes to presumptions about legal custody family law cases involving domestic violence.

The Wisconsin Supreme Court will soon decide what the burden of proof is required at a termination of parental rights dispositional hearing. Jenni Spies Karas looks at the Court’s recent rulings on the burden of proof and what may be decided this session.

An involuntarily committed person’s due process right to receive both mental health examiners’ reports within 48 hours before the final hearing caused the circuit court to lose competency.

How did Avery Mayne become an elder law attorney, and what is her practice like? Benjamin Wright talks to this Milwaukee attorney who uses her voice to advocate for her clients.

A recent appellate decision out New Jersey – McGinty v. Zheng – illustrates the court’s increasing willingness to enforce arbitration agreements. Theresa Kobelt discusses the decision, which raises questions about the voluntariness of such consent givenfor one service but applied to an entirely different service and bearing different risks.

Dec. 30, 2024 – Attorney General Josh Kaul violated two provisions of controversial 2017 Act 369, the Wisconsin Court of Appeals, District II decided 2-1 in another case implicating separation of powers between the legislative and executive branches.

Traumatic events in our communities impact everyone, including lawyers and judges. Sociologist Amber Ault, LCSW, State Bar WisLAP manager says that it’s OK not to be OK when news breaks. Here’s where to find help.

The challenges facing attorneys to maintain legal competency in a complex and changing legal environment can be daunting. Peter Trotter discusses methods for keeping pace with changes in the law.

Wisconsin’s prohibition on discrimination based on an employee’s use of lawful products complicates employer drug testing for marijuana. John Chick offers advice to attorneys on both the management and plaintiff sides when handling cases involving legal use of products that may trigger a positive drug test.

Accurate documentation in medical records is central to patient care and is central to maintaining a health care provider’s ability to practice. Kristen Nelson discusses specific violations of poor documentation and how attorneys can work proactively withclients to avoid them.

Restitution that the defendant could pay for without touching monthly Social Security Disability Income (SSDI) did not violate a federal statute prohibiting diversion of Social Security payments, the Wisconsin Court of Appeals decided.

Attorneys should consider updating their orders to equip parents to better address one of the biggest parenting decisions they will have to make: access to cell phones and social media, writes Kristen Lonergan.

Traditionally, tax-exempt entities are unable to utilize tax credits. Nick Jerschefske explains how local governments can use direct pay to turn tax credits into cash payments, offsetting the cost of local green energy projects.

Winter is here, and snowplows will soon again be traveling on Wisconsin highways. Chris Duesing discusses the applicable statutes and other essential considerations in handling snowplow accident cases.

The Environmental Protection Agency’s improvements to its Lead and Copper Rule has recently ramped up efforts to address lead water pipes. Klara Henry describes the rule’s improvements, which aim to provide funding over the next decade to replace aging drinking water infrastructure in the U.S.

A federal judge in the Eastern District of Texas has temporarily blocked enforcement of the Corporate Transparency Act. Kelly Gorman discusses the injunction and what it means for businesses’ reporting requirements.

The Open Government Partnership promotes transparency, accountability, and public participation in government. Steven Hendrix discusses how this global initiative impacts governance, legal practices, and public trust.

Legislation that required Joint Finance Committee (JFC) approval on settlements in cases prosecuted by the Wisconsin Department of Justice (DOJ) did not violate constitutional separation of powers between legislative and executive branches, an appeals court has concluded.

A recent court of appeals ruling has a chance to significantly alter the residential landlord-tenant relationship as we know it. Andrew Campbell analyzes the case and discusses its impact on residential leases.

With the Wisconsin Supreme Court’s termination of the commercial court pilot program, businesses must identify other ways to have their disputes resolved in an efficient and reliable manner. Nadelle Grossman identifies alternate paths for businesses to have their disputes resolved without Wisconsin commercial courts.

Looking for an opportunity to do impactful work? Do you like to travel? Working for the federal government might be what you are looking for. Kelsey Brown discusses the benefits and challenges of working for the federal government.

New federal guidance outlines the necessary facts for obtaining a discharge of federal student loans in bankruptcy. David Krekeler and Noe Rincon outline the history of student loans in bankruptcy and discuss the new guidance.

Understanding the economic loss doctrine in Wisconsin is critical for attorneys in business litigation and transactional law. Sam Wayne details relevant case law and concepts to help lawyers gain a thorough understanding of this doctrine and its impact ontort claims.

Diane Rondini, a retired public defender, has received the 2024 Robert E. Shepherd Jr. Leadership Award for Excellence in Youth Defense. Rondini is a past chair of the State Bar of Wisconsin Children and the Law Section Board.

Practicing in treatment courts is challenging, and the learning curve is steep. J.C. Moore discusses RISE 24 and other conferences that offer training for practitioners and team members involved with treatment courts in Wisconsin.

Among the many preprinted forms available to transactional lawyers are the Wisconsin Real Estate Board business purchase agreements. Joseph Mella discusses the use of these forms which, he says, may be an appealing way to enhance efficiency – but can comewith perils.

Construction lien waivers are an indispensable part of the traditional construction payment process. However, depending on the circumstances, the risks associated with conditional lien waivers may outweigh any potential benefit, writes Steven Slawinski.

Practitioners often disagree on when the harm standard is required to revise custody and placement orders pursuant to Wis. Stat. section 767.451(1). Chelsie Thuecks argues that the harm standard only applies within two years of the initial order regardingcustody and placement.

When a landlord refuses to maintain safe and decent housing for their tenants, material remedies for tenants can be difficult. Samuel Hutchison discusses how to help your client make an informed decision on pursuing rent abatement.

As the so-called silver tsunami hits health care, many physician-owners of ambulatory surgery centers are preparing for retirement. Angela Rust describes succession-planning challenges attorneys should raise to address compliance with the Anti-kickback Statute.

Sibling relationships play a critical role in a child’s life, especially for those experiencing trauma. Morgan Boyd discusses the importance of maintaining sibling relationships in foster care and adoptions.

New laws in Delaware that codify common practices in mergers and acquisitions are worth examining. Clyde Tinnen summarizes the cases and new laws with an eye toward what may happen in Wisconsin.

The American Bar Association (ABA) recently issued Formal Opinion 512 on the use of generative artificial intelligence tools. Paul Curtis discusses the 15-page opinion, which addresses the use of generative artificial intelligence in the practice of law.

From understanding gender dysphoria to advocating for transgender rights, my journey as a lawyer and the mother of a transgender son has been transformative, writes Heidi Mangelsen.

Meticulous preparation is the cornerstone of success when negotiating commercial contracts for your client. Sam Wayne offers practical tips and insights to empower you to negotiate contracts with confidence.

The Supreme Court in its decision in State v. R.A.M. found “egregiousness” triggers the waiver of counsel statute in Wis. Stat. chapter 48. Courtney Roelandts discusses the ruling and cautions that trial courts need to be careful to disavow the application of this section where not intended.

A party seeking health insurance coverage for autism-related medical treatment has lost an appeal at the Seventh Circuit Court of Appeals, in Midthun-Hensen v. Group Health Cooperative of South Central Wisconsin.

A county zoning ordinance requiring cellphone towers to be at least one-half mile apart is preempted by state law, the Wisconsin Court of Appeals (District IV) has ruled in Savich v. Columbia County Board of Adjustment.

A plaintiff’s failure to honestly and meaningfully address a question of appellate jurisdiction under 28 U.S.C. section 2107 rendered his appeal frivolous, the U.S. Court of Appeals for the Seventh Circuit has ruled..

In a case of first impression, the Wisconsin Court of Appeals (District III) has applied the other-acts evidence statute to a sexual assault case.

The FBI was not required to seek a warrant before obtaining cell phone data on an armed man heading toward the site of civil unrest because of exigent circumstances, the U.S. Court of Appeals for the Seventh Circuit has held in U.S. v. Karmo.

Whether the right to counsel had attached at a probable cause hearing wasn’t a settled matter of law, meaning an attorney wasn’t deficient when he failed to object to a lineup identification that occurred without counsel present, the Wisconsin Court ofAppeals (District I) has ruled.

Continuing Lawyer Education (CLE) credits are an inevitable yet essential component of one’s legal practice. Kelly Gorman discusses additional opportunities to earn CLE credit.

Lawyers are needed to help their colleagues in a vital role – as a Wisconsin Lawyers Assistance Program Volunteer Monitor. Training is Oct. 11 – apply by Sept. 16.

Farm bankruptcies are down. David Krekeler explores why that is and the differences between Chapter 12 and Subchapter V filings.

In 2011, Act 10 stripped away most collective bargaining rights from public sector labor unions, but a new case seeks to have it blocked. Martin Kuhn explores the history of Act 10 and offers insight on what may be next.

The Wisconsin Elections Commission properly applied a substantial compliance standard when accepting nomination papers that were blurred and omitted some words, the Wisconsin Court of Appeals has ruled.

A district court did not err by denying a motion for sanctions against attorneys for plaintiffs who sued a company with an inaccurate timekeeping system, the U.S. Court of Appeals for the Seventh Circuit has ruled.

Statements from a juvenile who was subjected to psychological pressure by police in three interviews conducted over 26 hours must be suppressed, the Wisconsin Court of Appeals has ruled

A company that twice promptly re-assigned an employee after he’d complained about racial harassment by his supervisors did not create a hostile work environment, the U.S. Court of Appeals for the Seventh Circuit has ruled.

With the 2023-24 Wisconsin legislative session concluded, several bills were signed into law that affect the construction industry. John Schulze discusses the new laws and the areas they impact.

The Office of Management and Budget (OMB) recently issued a final rule revising the Uniform Guidance that took effect Oct. 1, 2024. Heidi Rattner discusses the recent revisions, which are intended to broaden access by underserved populations.

When attorneys encounter bad legal advice on social media, what should they do? Sarah Bondar says that sometimes being helpful can cause problems, and that the reward does not outweigh the risk.

There are strict requirements for those seeking to make claims for injury or damages against a governmental body and employees. Bryn Baker discusses the statutory notice requirements for these claims.

Wisconsin’s “right to farm” law does not bar a lawsuit over the alleged failure to repair an agricultural drainage tile system, the Wisconsin Court of Appeals has ruled.

Evidence of new treatment for post-traumatic stress disorder is a new and highly relevant sentencing factor for a defendant convicted of homicide, the Wisconsin Court of Appeals has held.

Absentee ballots must be witnessed in Wisconsin, and the witness must provide an “address” on the witness certification. Recently, a state appeals court upheld a circuit court’s definition of “address” but clarified the standard for applying it.

In a 4-3 decision, the Wisconsin Supreme Court has overruled a 2022 decision that held ballot drop boxes were illegal.

Recommitment and involuntary medication hearing notices must be served on the subject of the hearings, not only his or her attorney, the Wisconsin Supreme Court has ruled.

A statute authorizing the legislature’s Joint Finance Committee to temporarily block the Department of Natural Resources’ spending of legislatively appropriated funds violates the Wisconsin Constitution’s separation of powers provision, the Wisconsin Supreme Court has ruled.

A mediation term sheet created as a prelude to a final settlement agreement is unenforceable because several of its material terms are indefinite, the Wisconsin Court of Appeals has ruled in an unpublished opinion.

A federal district court did not err when it declined to credit a defendant’s acceptance of responsibility after he spent most of his allocution shifting blame and complaining about the prosecution, the U.S. Court of Appeals for the Seventh Circuit has held.

A circuit court improperly entered an injunction against an anti-abortion protestor who repeatedly made intimidating statements to a nurse who worked at a clinic, the Wisconsin Supreme Court has ruled.

A circuit court did not err by relying in part on an adoptive parent’s promise when deciding to terminate the parental rights of a birth parent, the Wisconsin Supreme Court has ruled.

Attorneys can help pharmacists navigate their statutorily defined duties and scope of practice, which are constantly evolving. Alexandra Guzek provides an overview of the statutes governing pharmacy practice Wisconsin and how standing orders and collaborative practice agreements can expand pharmacists' scope of practice.

The strength and preparation of your expert witnesses can make or break your case, says Corey Lorenz. Preparation should begin early in the case and continue through trial.

A woman who reported payments, but not gross income, from self-employment when applying for unemployment benefits was overpaid, the Wisconsin Court of Appeals has held.

A classic line from William Shakespeare is a statement of how important lawyers are in maintaining our democracy and the rule of law, writes Bruce Tammi, who suggests a way that lawyers can do just that.

Attorneys who bring civil claims on behalf of a cognitively impaired client need to be aware of their ethical duties in communicating with and representing these clients, writes Nicholas Watt, who also discusses the Rules of Civil Procedure that govern these clients' representation.

A special verdict did not err by precluding a jury from considering a plaintiff’s post-accident conduct when apportioning liability, the Wisconsin Court of Appeals has held.

A circuit court must wait at least two days before adjudicating the dispositional phase of a termination-of-parental-rights trial when the parent has failed to appear, the Wisconsin Supreme Court has held.

Statutes that bar municipalities from condemning land for pedestrian walkways do not apply to sidewalks, the Wisconsin Supreme Court has held.

A police officer who saw no signs of drowsiness or intoxication in a driver he stopped was not justified in extending the traffic stop and ordering the driver out of the car, the Wisconsin Supreme Court has ruled.

Colorblindness and a lack of cultural competency pose significant threats to children who are transracially adopted. Law student Payton Altman discusses the history and issues surrounding transracial adoptions.

What is the economic outlook for the rest of 2024 and into 2025? Lanre Abiola discusses current and possibly future trends for business and corporations, including law firms.

Gaining mental health literacy can help lawyers not only understand their clients better, but also boost their own ability to practice. Sociologist Amber Ault, LCSW, State Bar WisLAP manager, discusses what lawyers learned at a recent CLE program – the ones participants say every law student and lawyer should know.

A man convicted of a domestic violence misdemeanor is prohibited from buying a gun under federal law even though a state court had expunged the conviction, the Wisconsin Court of Appeals has held.

An agency order prohibiting certain energy market bids that was issued without following rulemaking procedures was an invalid rule because it had the effect of law and implemented state statutes, the Wisconsin Court of Appeals has ruled.

It was not prosecutorial misconduct for a prosecutor to ask a probation agent to stall a criminal defendant on the day of trial while the prosecutor attempted to locate a witness, the Wisconsin Court of Appeals has a ruled in an unpublished opinion.