1. Wisconsin Budget Repair Bill: Implications for public-sector employers (March 2)
In this article, Madison attorney Troy Thompson explained how Gov. Scott Walker’s proposed budget repair bill (which became law) would impact collective bargaining, retirement, group insurance, strikes and work stoppages, and the union certification process.
“Regardless of one’s political bent, there is no question that the bill, if made law, will significantly change the landscape of public-sector employment in Wisconsin,” wrote Thompson, a partner with Axley Brynelson LLP, and chair of the firm’s labor and employment practice group.
2. Green and gold legacy: Estate planning for Green Bay Packers season tickets (Aug. 3)
In this article, Fond du Lac attorney Sarah Andrew explained how season ticket-owners can keep their cherished Packers tickets in the family using estate planning techniques, noting that Green Bay Packers season tickets have been sold out since 1960.
“If a Green Bay Packers season ticket holder dies without completing a transfer form, the worst-case scenario for the estate would be that the beneficiaries cannot agree how to take ownership of the tickets, and the tickets revert back to the Packers to be sold to one of the 87,000 people on its waiting list,” wrote Andrew, of Andrew Law Offices S.C.
3. Concealed carry: Could prohibiting weapons in the workplace lead to liability? (July 6)
In this article, attorney and State Bar Legal Writer Joe Forward gained insight from Milwaukee attorneys David Froiland and Cherice Hopkins to explain how Wisconsin’s new concealed-carry gun law (which took effect Nov. 1) would impact property and business owners, and employers.
“If an employer prohibits guns pursuant to the posting requirements, then employer liability should be the same on the day after the law becomes effective as the day before,” commented Froiland, a partner in Foley & Lardner’s labor and employment practice group.
4. Alert: Wisconsin lawyers targeted in collaborative divorce agreement scams (May 18)
A tip from a Wisconsin attorney led to this article on collaborative divorce agreement scams, a variation on others in which potential clients (scammers) engage attorneys by email to collect a debt. The debtor (also part of the scam) agrees to pay, issues a fraudulent check, then gets the law firm or lawyer to transfer funds before the check clears.
“A client seeking legal representation to enforce a collaborative divorce agreement seems legitimate enough, but lawyers should be aware of a scam that nearly duped a local attorney out of approximately $250,000,” wrote Forward, legal writer for the State Bar.
5. Proposed bill seeks to cap reasonable attorney fees where available (Oct. 19)
In this article, Forward analyzed provisions of a bill that would cap a lawyer’s ability to obtain reasonable attorney fees and also gathered comments from local consumer lawyers concerned the bill would adversely impact low-income individuals.
On Dec. 7, Gov. Walker signed a similar version of the bill after passage in the Senate and the Assembly. The State Bar opposed the legislation.
“Consumer law offices won’t be able to stay in business, and people who get screwed out of smaller amounts will have no access to the courts at all,” retired consumer lawyer Jeff Archibald commented in the article.
6. Wealth planning under the 2010 Tax Relief Act: Temporary estate and gift tax planning opportunities (Jan. 5)
In this article, Milwaukee attorneys Susan Minahan and Brad Kalscheur, both of Michael Best & Friedrich LLP, discussed planning opportunities and challenges regarding the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act (2010 Tax Relief Act).
“The 2010 Tax Relief Act (the Act) extends the 2001 Bush era tax cuts; increases estate, gift, and generation skipping tax exemption amounts to $5 million; and reduces the estate tax rate to 35 percent, but only for 2011 and 2012,” the authors explained. “While the Act provides excellent planning opportunities for wealth transfers in the next two years, it also presents some challenges for estate planners.”
7. Castle doctrine: Lawmakers considering law on self-defense in the home (Sept. 21)
In this article, Forward examined an early version of a so-called “castle doctrine” bill, which proposed to change Wisconsin’s law concerning the right to use deadly or substantial force against home intruders. The State Bar’s Criminal Law Section opposed it. On Dec. 7, Gov. Walker signed an expanded version of the original bill.
“It could actually give a presumption in favor of a murderer,” Marquette Law School Professor Gregory O’Meara commented in the article. O’Meara is past chair of the Criminal Law Section.
8. Recall elections: Constitutionally protected, rarely executed (April 6)
In this article, Milwaukee attorney Rebecca Mason explained the constitutional basis, process and history of state recall law as thousands descended on Madison’s Capitol Square, calling for a recall of Gov. Scott Walker and other state legislators. She noted that the right to recall an elected state official has been part of the Wisconsin Constitution since 1926.
“The circulation of a recall petition does not guarantee the incumbent officeholder will face a recall election,” wrote Mason, who practices political and constitutional law at Godfrey & Kahn S.C. “Despite numerous attempts across the country to recall state officials, only 20 state legislators have faced a recall election since Oregon adopted the first recall legislation in 1908.”
9. Does Wisconsin’s new power of attorney act affect the substance of pre-existing financial powers of attorney? (Jan. 19)
In this article, Madison attorney Mark Johnson discussed the impact of the Wisconsin’s new Uniform Power of Attorney Act on pre-existing powers of attorney, addressing key provisions concerning gifting, self-dealing, and the duties of agents.
“Wisconsin’s Act for financial POAs does not change the effect and meaning of pre-existing POAs,” wrote Johnson, an associate with Hill, Glowacki, Jaeger & Hughes LLP. “Where questions regarding the provisions of pre-existing POAs must be answered by case law analysis, the Act shows greater flexibility and clarity with default provisions.”
10. Pet peeves 101: How to impress or annoy a judge in the courtroom (April 6)
In this article, Forward discussed the lawyer habits and practices that irk judges in the courtroom, with help from three judges – the Hon. William Griesbach (U.S. District Court for the Eastern District of Wisconsin), the Hon. Lisa Stark (Eau Claire County Circuit Court), and the Hon. Richard Brown (Wisconsin Court of Appeals, Chief Judge).
The article includes a list compiled by Judge Brown, who solicited “pet peeves” from all state appeals court judges and listed the most often cited.
Other notable articles from 2011
