Very often we get questions from clients regarding “authorized” – “issued” – and “outstanding” shares and what the terms mean in the context of corporations and raising money. Below is a quick explanation of the terms; thanks for reading.

Authorized Shares means the total (read, total ever that could be) shares a Corporation can create or “cut itself into.”  If you imagine a pizza, Authorized Shares are like the total number of slices the pizza will ever be cut…
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Last week, the National Labor Relations Board (NLRB)’s General Counsel publicly announced her position that most non-compete agreements violate the National Labor Relations Act (NLRA) by chilling employees’ ability to exercise their rights to engage in protected activity.  Remember, the NLRA applies to all private sector employees that are in non-supervisory positions. This means those employees may now be able to bring a claim that their non-compete is in violation of the NLRA.  It will be important for all…
Continue Reading Spring Brings Showers, Flowers, and Breaking Non-compete News!

The 2019 death of an 8-year old on a Wisconsin farm recently made state and national headlines after ProPublica, a nonprofit newsroom, and the Milwaukee Journal Sentinel conducted investigations and co-published an article regarding the events that lead to the child’s death, and how the police investigation of the circumstances missed key details in how the child died.

As a result of the investigations and resulting articles, there is renewed awareness of safety risks faced by children on…
Continue Reading Keeping Kids Safe on Wisconsin Farms

State v. Brandon B. Smiley, 2022AP1522-CR, District 4, 6/2/23 (one-judge decision; ineligible for publication); case activity (including briefs)
The court of appeals rejects Smiley’s claim that the photo array shown to A.B., the complaining witness, was impermissibly suggestive and, therefore, her (not very confident) identification of him after looking at the array should have been suppressed.
Photo arrays may be suggestive “in several ways—the manner in which the photos are presented or displayed, the words or actions of…
Continue Reading Photo array was not impermissibly suggestive

Columbia County DHS v. K.D.K., 2022AP1835, 5/25/23, District 4 (1-judge opinion, ineligible for publication); case activity
K.D.K. challenged an order terminating his parental rights to C.A.K. on 3 grounds: (1) the judge was not properly assigned to preside over his case; (2) the circuit court refused to give a special verdict question asking whether it had been impossible for K.D.K. to meet the conditions for return set forth in the CHIPS dispositional; and (3) trial counsel was ineffective…
Continue Reading Termination of parental rights affirmed despite some missteps

Telemedicine has become increasingly popular, especially with advancements in technology and the need for convenient and accessible healthcare. Many licensed healthcare professionals, including doctors, nurses, therapists, and specialists, are utilizing telemedicine to provide consultations, advice, prescriptions, and ongoing care to patients across the country.

Through telemedicine, healthcare professionals can conduct virtual appointments, review medical records, discuss symptoms, provide guidance on managing chronic conditions, and even monitor certain vital signs remotely. Patients can communicate with healthcare providers using video calls,…
Continue Reading Can Licensed Health Care Professionals Use Telehealth to Help Patients Nationally?

Learn the right ways to help your adult children buy a home so you minimize any implications on your own financial goals and estate planning. As parents, we want the best for our children, and one significant milestone in their lives is purchasing their first home. However, rising property prices and challenging financial circumstances can make it difficult to enter the real estate market. There are various ways parents can support their adult children in purchasing homes, while also…
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Pepsi-Cola Metropolitan Bottling Company, Inc. v. Employers Insurance Company of Wausau, 2023 WI 42
In Pepsi-Cola, the Wisconsin Supreme Court issued a per curiam decision on May 24, 2023, affirming a court of appeals decision dated July 8, 2022, Pepsi-Cola Metropolitan Bottling Company, Inc. v. Employers Insurance Company of Wausau, 2022 WI App 45, 404 Wis. 2d 337, 979 N.W. 2d 627, because no three Supreme Court justices could reach agreement to either affirm, reverse, or…
Continue Reading Wisconsin Supreme Court Affirms Court of Appeals Decision that Anti-Assignment Clause Does Not Prohibit Post-Loss Assignment of Insurance Rights

June 2, 2023 – Two Wisconsin Supreme Court justices used a recent per curiam decision to engage in a debate over the supreme court’s practice of dismissing petitions as improvidently granted.In State v. Jackson, 2023 WI 37 (May 12, 2023), the supreme court dismissed as improvidently granted a petition seeking review of a Wisconsin Court of Appeals decision upholding a circuit court’s denial of post-conviction relief.
The decision came after the parties had submitted briefs and had oral argument…
Continue Reading Per Curiam Decision Sparks Debate Over Dismissing Petitions

June 2, 2023 – A ballot question for a constitutional amendment complies with Section XII, Article 1 of the Wisconsin Constitution if it fairly describes the actual question and is not counterfactual to the amendment itself, the Wisconsin Supreme Court has ruled.In Wisconsin Justice Initiative, Inc. v. Wisconsin Elections Commission, 2023 WI 38 (May 16, 2022), the supreme court held that the statewide ballot question concerning victims’ rights – known as Marsy’s Law – which led to a…
Continue Reading Victims’ Rights Ballot Measure Was Properly Submitted to Voters

June 2, 2023 – A law that extends the statute of limitations for actions seeking redress for injuries caused by sexual assault does not apply to a claim of negligent supervision of an employee who committed sexual assault, the Wisconsin Supreme Court has ruled.In Fleming v. Amateur Athletic Union of the United States, 2023 WI 40 (May 17, 2023), the supreme court (4-3) held that the statute applies only to claims for damages caused by the sexual assault,…
Continue Reading Sex Assault Statute of Limitations Extender Doesn’t Apply to Negligent Hiring Lawsuit

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June 2, 2023 – A statute that requires repeat sex offenders to comply with sex offender registration requirements for life does not apply to an offender convicted of multiple convictions in the same court proceeding, the Wisconsin Supreme Court has ruled in State. Rector, 2023 WI 41 (May 23, 2023).The decision came on a 4-3 vote. Justice Jill Karofsky wrote the majority opinion, joined by Justice Ann Walsh Bradley, Justice Rebecca Dallet, and Justice Brian Hagedorn.Justice…
Continue Reading Sex Offender Registration Statute Applies Only to Convictions in Separate Proceedings

In the Wisconsin Supreme Court Hearing Room in Madison, U.W. Law School graduates and soon-to-be Wisconsin lawyers take the Attorney’s Oath at the 2:30 p.m. ceremony. See more photos of the event on the State Bar of Wisconsin Facebook page.​ June 1, 2023 – They gathered together with family and friends in the Wisconsin Supreme Court Hearing Room – 149 recent graduates of the U.W. Law School – to be sworn in as new Wisconsin lawyers. Before the…
Continue Reading UW Admissions: State Bar Welcomes 149 New Lawyers

Drinking and driving is a dangerous act, and in Wisconsin, it can result in severe consequences. Those who operate motor vehicles after drinking alcohol or using drugs could potentially be pulled over and arrested, and they may be charged with the offense of Operating While Intoxicated (OWI). While a single OWI charge is serious enough, multiple arrests or convictions for drunk driving will result in more severe charges. Drivers should be aware of when they could be charged…
Continue Reading Will Multiple OWI Arrests Result in Felony Charges in Wisconsin?

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May 31, 2023 – A circuit court that orally dismissed a criminal case only to minutes later re-instate the case did not lose subject matter jurisdiction, the Wisconsin Court of Appeals has ruled.In State v. Davis, 2021 AP1526 (April 4, 2023), the Wisconsin Court of Appeals District I also held that a circuit court has the inherent authority to reconsider its rulings during an ongoing proceeding.Stolen PhoneOn Oct. 28, 2019, Rasheem Davis approached his ex-girlfriend Alicia…
Continue Reading Oral Dismissal of Criminal Case Didn’t End Jurisdiction

May 31, 2023 – Drivers who delivered packages for Amazon in their own vehicles while using an Amazon smartphone app are employees for purposes of Wisconsin’s unemployment insurance benefits (UIB) scheme, the Wisconsin Court of Appeals has ruled.In Amazon Logistics, Inc. v. Labor and Industry Review Commission, 2022AP13 (April 6, 2023), the Court of Appeals District IV held that Amazon Logistics, Inc. (Amazon) had satisfied only five categories out of nine for determining whether a worker is an…
Continue Reading Amazon Flex Drivers are Employees for Purposes of UIB Statute