Hurley Burish, S.C. is proud to announce the following awards:

Andrew W. Erlandson was named Best Lawyers® 2023 Litigation-Construction Lawyer of the Year, Madison, WI. As well as selection on The Best Lawyers in America 2023 Edition – Commercial Litigation.

Marcus J. Berghahn was named Best Lawyers® 2023 Criminal Defense: White Collar Lawyer of the Year, Madison, WI. As well as selection on The Best Lawyers in America 2023 Edition – Criminal Defense: General Practice.

Patrick J. Fiedler was
Continue Reading 2023 Best Lawyers® in America Selections

Aug. 18, 2022 – A judge’s statement that prison time for an Amish man convicted of sexual assault was necessary to send a message to the Amish community does not entitle the man to a resentencing, the Wisconsin Supreme Court has held.In State v. Whitaker, 2022 WI 54 (July 5, 2022), the court held that nothing in the record showed that the judge gave the defendant a harsher sentence solely because of his religious beliefs or his association
Continue Reading Court’s Message to Amish Community Doesn’t Warrant Resentencing

Attorney Raymond M. Dall’Osto and GRGB Law were retained a number of years ago by Daryl Holloway’s family to conduct a postconviction investigation into his felony sexual assault convictions.  After a careful review of the evidence, previous testing and methodology, new DNA testing was requested by Attorney Dall’Osto.  DNA expert Dr. Alan Friedman was retained as a consultant.
Attorney Dall’Osto and the Milwaukee County District Attorney’s Office, represented by Asst. DA Norman Gahn, had numerous exchanges and meetings over
Continue Reading Update On Efforts To Obtain Reasonable Compensation For Exonerated Client Who Served 24 Years In Prison For Crimes He Did Not Commit

This is the last week of work for our summer law clerk, Karen Perez-Wilson. She has been an absolute pleasure. One of her last assignments was to write two blog posts about her experiences with us this summer. This is her first post. As you will see, I think she is gunning for ice cream, too.

Hello,  

My name is Karen Perez-Wilson, I am a second-year law student at the University of Wisconsin Law School. For the last ten
Continue Reading Ten Weeks with OG+S

When buying a company, buyers often value them lower than what sellers think they are worth.  This is a natural and expected “tug of war” that goes on with most acquisitions.  It is rare that the parties agree on the value of a company without some negotiation.

Third party financing also plays a significant role.  When buyers seek a loan from a seasoned bank, the bank is likely to lend money mainly on the value of hard assets of
Continue Reading Buying A Business – “They’re Asking How Much?!”

As the second school year of the NIL era is about to begin, many collegiate student-athletes have taken advantage of the opportunities that have come with the ability to market their name, image, and likeness. In year two, college athletes should consider taking the next steps to advance their NIL activity. Here are four things to help take your […]
The post Taking NIL to the Next Level: What to Look for in Year Two appeared first on Frieser Legal.
Continue Reading Taking NIL to the Next Level: What to Look for in Year Two

By: Attorney Chris Strohbehn and Paralegal Ruth Campos
Truck accidents are a serious problem on our nation’s roads. Each year, thousands of people are killed in accidents with large trucks and other commercial vehicles, and tens of thousands more suffer serious injuries in these types of collisions. Many of these accidents are caused by driver fatigue. Truck drivers can easily become tired or drowsy after being on the road for extended periods of time. Attempting to drive when a
Continue Reading Truck Accidents Involving Driver Fatigue: The Causes and Consequences

Mentoring and mentorship. Is there a generational divide? What experienced attorneys view as positive mentorship may be different from that of newer and younger attorneys in their first decade of practice. How do we bridge the gap? Co-hosts Emil Ovbiagele and Kristen Hardy explore the topic with guest Syovata Edari, a former criminal trial lawyer who is now an award-winning chocolatier.
Continue Reading Episode 2: Mentoring and Mentorship. Is there a Generational Divide?

Here is the latest faculty scholarship appearing in the University of Wisconsin Law School Legal Studies Research Papers series found on SSRN.

Among the threats to American democracy, the most serious may also be the most banal: that future elections will be compromised by quiet changes to
Continue Reading Recent UW Law Faculty Scholarship: Countering the New Election Subversion: The Democracy Principle and the Role of State Courts; Reliance; and Law and Public Policy: What Is It, Skills of Practitioners and Researchers, Research Designs and Methods, Law School Courses

State v. Kallie M. Gajewski, 2020AP7-CR, District 3, 8/2/22 (not recommended for publication); case activity (including briefs)
Police arrested Gajewski in the curtilage of her home without a warrant and exigent circumstances. While this makes the arrest unlawful, the evidence obtained from the arrest is not subject to suppression because police had probable cause to arrest her.
While investigating a suspected OWI, police went onto Gajewski’s property without a warrant. She was inside her home, but on seeing
Continue Reading Warrantless arrest on porch unlawful, but probable cause to arrest means no suppression

State v. Quaheem O. Moore, 2021AP938-CR, District 4, 7/28/22 (not recommended for publication); case activity (including briefs)
Police searched Moore for speeding and after detecting the odor of what the officer believed to be marijuana searched Moore. (¶¶2-9). Distinguishing State v. Secrist, 224 Wis. 2d 201, 589 N.W.2d 387 (1999), the court of appeals affirms the circuit court’s suppression order, holding that the odor of marijuana, by itself or coupled with other information, did not provide
Continue Reading Defense win: Odor of marijuana didn’t provide probable cause to arrest

State v. Donald A. Whitaker, 2022AP204-CR, District 2, 7/27/22 (one-judge decision; ineligible for publication); case activity (including briefs)
A telephonic warrant may be valid even if the court did not arrange for an electronic or written recording of the officer’s telephone call to be made.
The procedures for obtaining a telephonic search warrant are set forth in § 968.12(2) and (3). Under subsection (2), “[a] search warrant may be based upon sworn complaint or affidavit, or testimony
Continue Reading Challenge to telephonic search warrant procedure fails

A Wisconsin ski resort received a mixed decision from the Wisconsin Court of Appeals in
Schabelski v. Nova Casualty Company.1 The decision provides some important lessons regarding releases in Wisconsin, and again shows how challenging it can be to convince a Wisconsin court to dismiss a personal injury claim entirely based on a waiver agreement. Background: Experienced Skier Agrees to a Waiver, Falls from Chairlift Kathleen Schabelski went to a small, Wisconsin ski area (Sunburst Ski Resort),
Continue Reading Appeals Court Decision Teaches Lessons on Waiver Agreements

As I write this, I’ve spent the last two weeks preparing for and then actually in trial, with a two-day interruption for a nerd friend conference. I am finally done, and am using the one functioning brain cell I have that isn’t devoted to keeping me upright to write this, while it’s fresh.*
This post is directed at anyone who needs to deal with a lawyer after a major project is over, so I am going to write directly
Continue Reading The Care and Feeding of a Lawyer Who’s Finally Done With Something

By: Attorney Kristen Nelson and Paralegal Rachel Sweet
People in certain occupations, including psychologists and therapists, must have a professional license in order to practice. The requirements that must be met in order to obtain a license can be complicated. Typically, a psychologist must complete an accredited graduate program and pass a professional exam, and gain experience through an internship. Once a psychologist has met all the requirements and obtained a license, there are still rules that must be
Continue Reading When Can a Psychologist Face Discipline to a Professional License?