Last October, we shared information about the emergency rule that created DWD 120.02 which required Wisconsin employers to notify workers of the availability of unemployment insurance upon separation of employment in a post titled Wisconsin Employers Must Notify Workers of Unemployment Insurance Upon Separation. As of March 31, 2021, the emergency rule requiring unemployment insurance notice upon separation expired and employers no longer need to provide the notice upon separation. If an employer would like to continue to notify workers, suggested language can be found on the Department of Workforce Development’s website – https://dwd.wisconsin.gov/dwd/publications/ui/notice.htm/ Employers should still ensure they have…
We work with a lot of entrepreneurs and start-ups. Heck, at 5 years old, our firm is just getting out of the toddler stage!  So, I get asked a lot about the “how.” How do you start? How do you know what to do? How do you scale?  We can answer a lot of the legal ones easily, like “How do you create a company?” and “How do you protect your trademark?” The other ones are trickier and very fact dependent.  But throughout it all, the question of “How do you ‘be an entrepreneur’?” all comes down to being OK…
Many businesses work hard and invest heavily to develop and protect their intellectual property rights, including trade secrets and proprietary processes, designs, and know-how.  However, special rules apply in determining ownership of these intellectual property rights when the work product is created by employees and independent contractors or consultants, particularly in a technical or creative role.  In some cases, these special rules can result in an unpleasant surprise for companies that do not take proper steps to protect their proprietary rights.  This post will summarize some key considerations for your business. Under U.S. law, whether a company automatically owns inventions…
Ruder Ware’s Trusts & Estates blog has featured several blogs (for example, Call to Action: Review Your Estate Plan in Light of the SECURE Act and Why SECURE Act Matters to You) on the SECURE Act, a federal law effective January 1, 2020,  that made significant changes to the payout provisions of inherited retirement benefits, such as 401(k) plans and IRAs. The most dramatic change brought about by the SECURE Act was the elimination of the ability of a “designated beneficiary” (in most cases an individual, such as a child) to “stretch out” distributions from an inherited retirement benefit…
April 19, 2021 – At last Friday’s State Bar of Wisconsin Board of Governors meeting, board member Erik Guenther voiced reservations about holding an upcoming Board of Governors meeting in Kenosha, scheduled for September 2021. Guenther, who grew up in Kenosha, moved to relocate the scheduled Kenosha meeting in light of racially charged events involving Kenosha law enforcement. “I’m not sure if there’s a right or wrong answer on this issue,” said Guenther, a Nonresident Lawyer Division (NLRD) representative on the board. “But having a full discussion is important.” Guenther said he reached a “tipping point” after a recent announcement…
The State Bar of Wisconsin’s Board of Governors met virtually for its April 16 meeting and adopted policy positions on racial justice and law enforcement reform, among other actions, including approval of the organization’s FY 2022 budget. April 19, 2021 – The State Bar of Wisconsin’s Board of Governors last Friday discussed a proposal to require at least two of 30 CLE credits per reporting period on topics of racial bias and other issues that promote education on diversity, equity, and inclusion. The board took no action on the proposal from the State Bar’s CLE Committee, but engaged in lengthy…
“Am glad you like the photo.” Lavinia Goodell, January 9, 1871 Lavinia Goodell mentioned having her photograph taken on several occasions. One of her sittings occurred the week before Christmas in 1870. At the time, Lavinia was living with her aunt and uncle in Brooklyn and working at Harper’s Bazar in lower Manhattan. She wrote to her parents on December 18 that she was enclosing $3.00 for them to frame a photograph which she was going to send them for their Christmas present. She said, “Don’t know how good it will be.” Two days later she wrote her parents again,…
April 16, 2021 – Ruling on a moot issue that will only guide future action, the Wisconsin Supreme Court has confirmed, once again, that a statewide emergency order limiting capacity at restaurants, bars, and other indoor facilities was invalid and unenforceable. Then-Department of Health Services (DHS) Secretary Andrea Palm issued Emergency Order No. 3 in October 2020, expiring 30 days later, to control the spread of COVID-19 in Wisconsin. It limited indoor gatherings to 25 percent of total occupancy limits. The emergency order exempted certain entities, including daycare centers, schools, government and tribal facilities, health care centers, and other gatherings…
As of April 5, 2021, health care providers, health information exchanges, health information networks, and certified health IT developers are subject to the 21st Century Cures Act Information Blocking Rule. The changes necessitated by the Information Blocking Rule are daunting. A diverse team of stakeholders within the health care space spent the better part of last summer and fall working to develop policies, plans, educational materials, workflows, software adjustments, and patient materials as part of a comprehensive Information Blocking Rule compliance plan. The Nov. 2, 2020, effective date for the 21st Century Cures Act Information Blocking Rule was coming like…
Earlier blogs discussed options to manage legal custody and physical placement during a servicemember’s deployment.   If one parent is unavailable, legal custody and placement are left to the other parent, by default.   Therefore, if a parent is deployed, the children must remain with the civilian parent unless he/she is unfit. But what is the option if both parents are in the military and could be deployed at the same time?   Or if there is only one surviving parent?  Luckily, Wisconsin’s guardianship law recently changed to permit two options. First, if no parent is available for care, the parents should file…
By Attorney Max Stephenson and Paralegal Courtney Hess In a Wisconsin divorce, spousal maintenance or alimony is sometimes ordered to provide support for a spouse who is likely to have difficulty providing for themself without their former partner’s income, perhaps due to their health, childcare responsibilities, or lack of education and work experience. When maintenance is ordered, the paying spouse has an important legal responsibility to make the payments on time and in the full amount. However, they should also be aware of other obligations that are likely to be included in the court order. How Is Spousal Support…
For those with dyslexia, my apologies. But, in 2021 Wisconsin is actually returning to what happened in 2012. That is, Gov. Evers’ 2021 budget proposal seeks to return Wisconsin to the original 2012 SSDI eligibility ban for receiving unemployment benefits. Here is the story of how disabled workers in Wisconsin continue to get the short end of the stick. The original eligibility ban, dressed up as a financial offset In November 2012, the Department introduced proposal D12-05, which stated in relevant part: 2. Create 108.05(7g) Social Security benefits. (a) If a claimant is receiving, has received, or has filed…
DRW’s Council on the Protection and Advocacy for Individuals with Mental Illness is hosting a virtual event regarding mental health advocacy on April 20th from 5 to 6 p.m. It is open to everyone. DRW will share how it currently supports people with mental illness. But it really wants to hear ideas from people like you–public defenders, social workers, clients, judges–regarding additional ways it might help people with mental health needs recover and live successfully in the community.  Learn more here. The featured speaker–Phyllis Greenberger–will focus on working with children and teens in the juvenile justice system. Pre-registration is…
Rusk County v. A.A., Appeal No. 2019AP839 and 2020AP1580 (consolidated); certification granted 4/13/21, District 3; case activity here and here In Waukesha County v. S.L.L., 2019 WI 66, 387 Wis. 2d 333, 929 N.W.2d 140, SCOW held that recommitment proceedings are governed only by the procedures in §§ 51.20(10)-(13). Thus the procedural requirements in §§(1)-(9) do not apply. S.L.L., ¶¶24, 27. The court of appeals certification asks SCOW to decide whether S.L.L. violates the plain language of Chapter 51. If not, then does Chapter 51 violate 14th Amendment due process and equal protection given that, under S.L.L.‘s construction,…
State v. Davonta J. Dillard, 2020AP999, 4/13/21, District 1, (one-judge decision; ineligible for publication); case activity (including briefs) Officers patrolling in Milwaukee noticed a vehicle idling and apparently unoccupied. One approached the vehicle and shined his flashlight through a window; he saw a person (Dillard) in the back seat who immediately ducked out of view (most of the windows were highly tinted, impeding the officer’s view). The officer opened the rear driver’s side door, and the person then opened and ran out the door on the other side. Other officers tasered and detained him. The officer who’d opened the…
Deciding whether or not to initiate a divorce is a devastating decision. If you come to the conclusion that divorce is the correct choice for your circumstances, access to reputable advice on maneuvering the process is important. Here are 54 tips from experts pertaining to the best ways to prepare for the divorce process. For experienced legal counsel throughout your divorce, contact Kowalski Family Law. Choosing the right lawyer is vital when the future remains unclear. The post Expert Tips for Maneuvering the Divorce Process appeared first on Kowalski Family Law.…