ef17d93b-e767-485f-bd5d-8319f9f625f8-WCA ARPA Guidance.pdf President Biden signed the American Rescue Plan Act of 2021 (“ARPA”) into law on March 11, 2021. ARPA is a $1.9 trillion federal spending package intended to provide economic and other relief related to the covid-19 pandemic.   The Wisconsin Counties Association and its general counsel, von Briesen & Roper, s.c., have received many questions surrounding ARPA, interpretation of its terms, and its impact on counties. von Briesen & Roper, s.c. prepared comprehensive guidance for counties regarding the implementation of the Local Fiscal Recovery Fund.…
“Lavinia Goodell was insane & not of sound mind or memory.” Maria Frost’s challenge to Lavinia Goodell’s will, 1880 On April 9, 1880, just nine days after Lavinia Goodell died, one of her executors, Janesville attorney Sanford Hudson, filed an application in Dane County court (although Lavinia had lived in Rock County since 1871 and practiced law there for over five years, she had moved to Madison in November of 1879, making her a Dane County resident at the time of her death) to have her will admitted to probate. The reason for drafting a will, of course, is to…
By:  Attorney Gina C. Ziegelbauer This month’s question is one I hear quite a bit: “I don’t have very much stuff, so do I really need to worry about doing any planning?” The answer is still yes, and for a few reasons. A couple of the most important planning tools individuals should have in place are powers of attorney. A “power of attorney” allows an agent (a decision-maker) to act for another person in specific or general legal or financial matters. It also refers to the actual legal document that gives that authority to the agent. A power of attorney…
Time flies when you’re having fun. In November & December 2018, I wrote a series of posts about ownership dilution in the context of startup fundraising – it seems like it was yesterday – but apparently it was more than two years ago! If you’re interested in checking out those posts, they’re available here and here. In the intervening time, dilution has continued to regularly come up as a point of confusion among new founders and entrepreneurs. In addition to the posts linked above, here are some updated things to keep in mind with regard to dilution: Dilution is…
Safeco Insurance Company of Illinois v. State Farm Mutual Automobile Insurance Company, 2020AP1288 (Ct. App. May 19, 2021) Safeco arose from a motor vehicle accident involving driver Sean Manley. Sean Manley qualified as an insured entitled to coverage under a Safeco Policy issued to Arthur and Theresa Manley and a State Farm Policy issued to Patricia Manley, both of which had limits of $100,000. The driver of the other vehicle made a claim for bodily injury and Safeco settled it for $100,000, thereafter filing suit against State Farm for contractual or equitable subrogation. Safeco argued that, pursuant to the other…
While it does not happen with any great frequency, parties may from time to time change their mind about proceeding with a pending divorce or legal separation case. David B. Karp, Marquette 1982, is a partner with Karp & Iancu, S.C., Milwaukee, where he concentrates his practice in family law. How a family law action may be dismissed varies on whether the other party has filed any responsive pleadings or motions in the case. The statute dealing with the dismissal of a family law action falls under Wis. Stat. section 767.264 and reads: 767.264 Dismissal; vacation; substitution or withdrawal of…
The U.S. Internal Revenue Service has issued a reminder to taxpayers who pay estimated taxes that they have until June 15 to pay their estimated tax payment for the second quarter of tax year 2021 without incurring a penalty. Estimated tax is the method used to pay tax on income that isn’t subject to withholding, including income from self-employment, interest, dividends, rent, gains from the sale of assets, prizes, and awards. Taxpayers may also have to pay estimated tax if the amount of income tax withheld from a salary, pension, or from other income isn’t sufficient to cover their entire…
In Zimmer v. Zimmer, the Court of Appeals addressed whether a motion to modify child support for a child over the age of majority can be retroactive when a parent fails to bring a timely motion to end support. The primary argument was that support obligations should automatically end when a child reaches the age of majority and if not, the accumulated excess payments should be credited in arrears. The Court of Appeals reversed the trial judge, holding that a court cannot refund child support payments that were made after the age of majority, but prior to a motion to…
Sheboygan County v. M.J.M., 2020AP1744, 6/9/21, District 2 (1-judge opinion, ineligible for publication); case activity This is new. M.J.M. appealed a recommitment order which expired during the course of his appeal. The usual kerfuffle regarding mootness ensued but this time (unlike here and here) the court of appeals acknowledged that the issue of whether recommitment may be dismissed as moot was pending before SCOW in Sauk v. S.A.M, and so reached the merits of this case. It then found sufficient evidence of dangerousness based on threats M.J.M. made during his expiring commitment and because of what he…
Eau Claire County DHS v. S.E., 2021 WI 56, affirming a published court of appeals opinion, 2019AP894, 6/10/21, case activity In a 4-3 decision, SCOW holds that a 2018 amendment to the TPR statute, which imposed a more exacting timeframe for parents to preserve their parental rights, applied to a CHIPS order entered in 2016 when the statutory timeframe was more lenient. So much for the plain language of the statute and due process. In August 2016, a circuit court found “Tyler” to be a child in need of protective services. As required by §48.356(2), the circuit…
State v. Daniel J. Rejholec, 2020AP56, 6/9/21, District 2 (recommended for publication); case activity (including briefs) Police arrested Rejholec on suspicion of sexual assault of a minor. After receiving the Miranda admonitions, Rejholec agreed to speak with a detective. The interrogation was recorded on video. That video reveals the detective’s aggressive deployment of the so-called Reid technique: a method of extracting confessions (be they true or false). The detective bullies, cajoles and wheedles until he gets what he’s after: a confession. Oh, the detective also lies, floridly. The court of appeals has no problem with most of…
June 14, 2021 – The State Bar of Wisconsin‘s Annual Meeting & Conference last week brought judges, lawyers, and other legal professionals together to discuss a truly challenging year, what disruption has taught the legal profession, and other topics. The State Bar’s Board of Governors kicked off the three-day event June 10 with its final meeting of FY 2021, and Cheryl Daniels was sworn in as the 66th State Bar president. The Wisconsin Association of Legal Administrators (WALA) led pre-conference sessions on resilience, as well as diversity, equity, and inclusion, and Michele DeStefano – law professor at the University…
New Reward Opportunities for Bank Money Laundering Whistleblowers The Justice Department announced that Swiss bank, Julius Baer & Co admitted in court that it conspired to launder $36 million in bribes to soccer officials with the Fédération Internationale de Football Association (FIFA). As part of the court proceedings, Julius Baer entered into a three year deferred prosecution agreement. The bank had been charged with criminal conspiracy to commit money laundering As part of the plea deal, the bank has agreed to pay more than $79 million in penalties (including a fine of $43,320,000 and forfeiture of $36,368,400). In announcing the…
There Are Thousands of Unapproved Stem Cell Clinics in the U.S. At Best, You Are Throwing Away Your Money, at Worst, Your Life An investigation by the Arizona Republic found 238 unlicensed stem cell clinics. That is just in Arizona! If you extrapolate that figure it suggests there are 10,731 unlicensed clinics nationwide! How is this possible? There are many reasons. The stem cell business is still the wild, wild west. The FDA has jurisdiction but simply doesn’t have the resources to police thousands of unregulated clinics. In one instance, the newspaper found a clinic being operated by music teachers.…
Do You Have Information about HUBZone Fraud (or any Small Business or Minority Owned Business Designation Fraud)? You May Be Entitled to a Large Cash Reward A private contractor doing work on a multibillion Department of Energy product has agreed to pay $3 million to resolve claims that it falsely presented two subcontractors as HUBZone small businesses. The claims also involved falsely designating a subcontractor as a woman owned small business. The case was brought by a whistleblower who will receive $865,000 for stepping forward and reporting the misconduct. HUBZones and Disadvantaged Business Enterprises Like many federal agencies, the Department…
At the 18 March 2021 meeting of the Advisory Council, the Department presented its first eight proposals. These first eight proposals included the proposals that the Advisory Council originally approved of in 2019 (but which were not enacted because of the pandemic). At the 15 April and the 20 May 2021 meetings of the Advisory Council, the Department presented another 18 proposals — D21-09 thru D21-26. Yikes. Here are those proposals, with links to the actual proposals that appeared at the May 2021 Advisory Council meeting. D21-09, Employee Status solely determined by unemployment law The Department seeks to…