The October oral argument calendar lists a measly two cases, both of which will be argued on October 9. That’s eight fewer cases than the court heard last October. In this month’s column, take a look at the sole civil case on the court’s October calendar and take a peek at a case recently granted for review.
Cases Decided
No decisions were issued in the last month.
Up for Review
Andrade v. City of Milwaukee Board of Fire and
Continue Reading Wisconsin Supreme Court Update: October 2023

It may come as a surprise that many services we classify as “wellness services” do not require a state-issued license, either for the practitioner delivering the service or the business offering the service. Some practitioners believe that a certification from a wellness education provider, such as for health coaches, reiki practitioners, mindfulness practitioners, personal trainers, yoga instructors, nutrition consultants, energy healers, just to name a few, is the same as a state-issued license.

It is not.

Having a certification
Continue Reading What are the Legal Risks of Delivering Wellness Services without a License, and What Qualifies as Wellness Services Anyway?

Tax savings for business owners may be found in the Qualified Small Business Stock. As a business owner or professional looking to invest in small businesses, you’re likely always on the lookout for ways to optimize your financial strategy. One powerful but often overlooked avenue for reducing tax liability is Section 1202 stock, also known as Qualified Small Business Stock. Here we’ll break down what Section 1202 stock is, how it can benefit you, and what you need to
Continue Reading Unlocking Tax Savings for Business Owners: Section 1202 Stock

By Attorneys Jason Luczak and Nicole Masnica
Embezzlement is a serious white collar crime that involves the misappropriation or theft of funds entrusted to someone’s care. This offense can refer to situations where an employee is accused of stealing money or assets from their employer. In Wisconsin, embezzlement accusations can lead to charges of theft or other criminal offenses. Those who have been accused of embezzlement can work with an attorney to determine their best options for defense.
Criminal Charges
Continue Reading When Can an Employee Be Charged with Embezzlement?

As we approach the end of September, the possibility of a government shutdown looms large, and the Internal Revenue Service is making preparations for the potential impact on its operations. Below is a summary of the IRS’s contingency plans and what taxpayers can expect in the event of a government shutdown.

Government Shutdown: A Looming Threat

If Congress fails to reach a short-term agreement to fund the government by the end of September, a government shutdown is likely to
Continue Reading IRS Preparing for Potential Government Shutdown: What You Need to Know

The soon-to-be Wisconsin lawyers thank their family and friends for their support, after taking the Attorney’s Oath before the Wisconsin Supreme Court at the 1:30 p.m. ceremony. For more photos of the event, visit the State Bar of Wisconsin Facebook photo albums for the
1:30 p.m. ceremony and the
2:30 p.m. ceremony. Photos: Shannon Green and Jeff M. Brown.

Sept. 28, 2023 – They are the first in their families to earn a law degree and those continuing
Continue Reading Admissions by Bar Exam: Welcome to 56 New Wisconsin Lawyers

As a wellness lawyer, I hear all kinds of complaints from all kinds of different stakeholders in the wellness industry. Lately, I have been hearing from people wronged by health and business coaches. These individuals have been hurt emotionally and financially by unethical coaches. This emotional or financial injury may occur because the coach oversteps their scope of practice, or because their business policies, such as refunds or payment policies, are inequitable and unethical.

As I write my next
Continue Reading Who Will Lead the Ethical Wellness Movement?

In today’s interconnected world, how to protect vital business assets such as key employees and confidential information is top of mind for businesses. Tools such as non-solicitation, non-compete and non-disclosure agreements are utilized as a method of protection for businesses. However, the changing legal landscape related to non-compete provisions has made it essential to be diligent about what tools you use and how you use them to properly protect your business.

What is a Non-Compete Provision?

Non-compete provisions are
Continue Reading Evaluate the Risks When Using Non-Competes

Sept. 27, 2023 – The 60-day deadline for ruling on a defendant’s answer to a forfeiture complaint begins to run only after the defendant has been convicted of a charge that was the basis for the forfeiture, the Wisconsin Court of Appeals has ruled.In State v. Lanning, 2021AP1849 (Sept. 19, 2023), the Court of Appeal District III also held that circuit courts are not required to hold an early procedural hearing to determine whether the property would be
Continue Reading Sixty-day Forfeiture Deadline Doesn’t Begin Running Until Conviction

Sept. 27, 2023 – The Wisconsin Court of Appeals has ruled on public policy grounds that a hospital cannot be liable for a nurse’s alleged administration of medication to a patient before the patient gave informed consent.

In Wetterling v. Southard, 2021 AP1694 (Sept. 12, 2023), the Court of Appeals District II held that because state law places the duty to obtain informed consent on the treating physician, any neglect on the nurse’s part was too remote from
Continue Reading Hospital Not Liable for Nurse’s Giving Medication Before Informed Consent

Sept. 27, 2023 – A criminal defendant failed to show that a detective and a prosecutor violated a clearly established constitutional right by excluding from the complaint details that implicated the victim’s credibility, the U.S. Court of Appeals for the Seventh Circuit has ruled in Garcia v. Posewitz,  No. 22-1124 (Aug. 22, 2023).Interview with MotherIn August 2015, Monique Cichocki reported to the Village of Lake Delton Police Department that Jose Garica sexually assaulted her 15-year-old daughter, G.C.
Continue Reading Qualified Immunity Trumps Defendant’s Claims over Complaint Omissions

The University of Wisconsin Law Library regularly engages in strategic planning and assessment to ensure consistency with our mission, realization of our goals, and alignment with the research and learning needs of our students and faculty.

I’m pleased to share our 2021-22 Strategic Planning and Assessment Report which describes the following strategic initiatives and our efforts to realize them.

  • Expand our nationally recognized Law School scholarly impact and visibility program
  • Survey faculty about their research & instructional needs to

Continue Reading UW Law Library Strategic Planning and Assessment Report

If you have been arrested for operating a vehicle while intoxicated (OWI) in Wisconsin, it is important to understand the state’s implied consent law and how it can impact your case. Under this law, drivers are required to submit to chemical testing if they are arrested for driving under the influence of alcohol or drugs, and they may face consequences if they refuse to do so. For anyone who has been arrested for drunk driving, it is crucial to
Continue Reading How Does Wisconsin’s Implied Consent Law Affect OWI Cases?

Companies help owners limit their liabilities. That means the owner isn’t putting all of their own personal assets at risk due to the activities of the company. Generally, we business owners like that idea. But it does mean that those who interact with the business may be limited on recouping their damages if they are harmed due to a company’s actions or inactions. If the company’s assets can’t cover the harm, it is difficult to reach through to the
Continue Reading Small Business To Do: Annual Report

Sept. 26, 2023 – A town ordinance that prohibits registered sex offenders from living within 1.25 miles of locations where children gather does not violate the U.S. Constitution’s Ex Post Facto clause, the U.S. Court of Appeals for the Seventh Circuit has ruled.In Nelson v. Town of Paris, No. 22-2435 (Aug. 16, 2023), the Seventh Circuit also held additional evidence was necessary to determine whether a restriction on a registered sex offender living within 1.25 miles of another
Continue Reading In Seventh Circuit, Split Decision on Sex Offender Registry Ordinance

Sept. 26, 2023 – State law authorizes a city to charge municipalities a monthly license fee for sewage treatment services, the Wisconsin Court of Appeals has ruled.In Mary Lane Area Sanitary District v. City of Oconomowoc, 2022AP1649 (Aug. 30, 2023), the Court of Appeals District II held that the license fees were not related to the cost of providing sewage services such that their amount must be tied to the city’s cost in providing the services.Wastewater Treatment AgreementsThe
Continue Reading City Had Authority to Charge Municipalities License Fee for Sewage Treatment