In a recent case, the Wisconsin Supreme Court determined that punitive damages may be available against drunk drivers who cause injury while engaged in aggravated conduct that disregards the rights of the plaintiff. In a recent case, the Wisconsin Supreme Court determined that punitive damages may be available against drunk drivers who cause injury while engaged in aggravated conduct that disregards the rights of the plaintiff. Sound straightforward? Guess again.

As Wisconsin's presence in the global economy grows, lawyers representing clients in international commerce, and lawyers involved in resolving international commercial disputes, must be prepared to operate under a body of law that differs from the more familiar Uniform Commercial Code.

The Wisconsin Supreme Court in Atkins v. Swimwest invalidated yet another waiver-of-liability agreement. Atkins unfortunately does not clarify this area of the law, and while it may still be possible to create enforceable exculpatory agreements, there remain numerous traps for nonvigilant drafters.