Many bar and restaurant owners are aware of the need to enter into licensing agreements for the music they play over the speakers in their establishments. But with shrinking profit margins due in part to rising food and labor costs, music licenses often get put on the back burner, which could create problems down the road. If an establishment inadvertently lets a license lapse, the establishment could end up facing a lawsuit—the last thing any bar or restaurant owner
Continue Reading When It’s Time to Pay the Piper: Music Licenses and Copyright Infringement

By and June 12, 2024

The Corporate Transparency Act (the “CTA”), part of the federal government’s effort to curtail money laundering by means of shell company structures, imposes disclosure requirements on most entities registered to do business in the United States.  As discussed in other Ruder Ware CTA Focus Team insights, there is a presumption that all entities are bound by these new disclosure rules. However, the CTA carves out and exempts
Continue Reading The CTA’s Large Operating Company Exemption in Focus

The Federal Trade Commission (FTC) recently voted to issue a final rule that would ban nearly all noncompetition agreements. The rule was officially published a few weeks later, meaning it will take effect Sept. 4, 2024 (if it is not held up by a court before then). The final rule has already faced – and will likely continue to face – substantial pushback from the business community and from most health care entities. On July 3, 2024, a federal
Continue Reading The Impact of the FTC’s Ban on Noncompete Agreements in the Health Care Industry

Of course the news cycle wouldn’t allow me wrap up on Minnesota’s Adult Use Cannabis Law series at four posts (see the links for Parts 1, 2, 3, and 4)! It needed a fifth part, where I discuss the bill that was signed into law a few weeks ago.

On May 24th, Governor Tim Walz signed HF 4757 into law. The text of the bill is over 180 pages long, so to provide a summary
Continue Reading Minnesota Adult Use Cannabis Law: The May 2024 Bill

von Briesen & Roper, s.c., announced today that attorney, Julie E. Piper-Kitchin has joined the firm’s Madison office. Piper-Kitchin is a member of von Briesen’s Litigation & Risk Management Practice Group. She has over 15 years of litigation experience and manages all aspects of trial preparation and defense strategy for clients in both state and federal court. Her practice focuses on civil litigation, product liability, insurance defense, insurance coverage, personal injury and professional liability. Piper-Kitchin is a member of
Continue Reading von Briesen Welcomes Julie Piper-Kitchin to Madison Office

Can I Keep My Wisconsin Home After Getting Divorced?
 Posted on June 11, 2024 in DivorceDuring the divorce process, there are numerous issues related to your property and finances that may arise. As you work to divide your marital property, some of the most pressing issues that you will need to address will be related to your family home. Whether you owned your home before getting married or purchased it during your marriage, decisions will need
Continue Reading Can I Keep My Wisconsin Home After Getting Divorced?

June 11, 2024 – A man convicted of a domestic violence misdemeanor is prohibited from buying a gun under federal law even though a state court had expunged the conviction, the Wisconsin Court of Appeals (District III) has held in Van Oudenhoven v. Department of Justice, 2023AP70 (June 4, 2024).In 1994, in Calumet County Circuit Court, Scot Van Oudenhoven was convicted of misdemeanor battery as an act of domestic violence against a woman.In 2019, Van Oudenhoven petitioned the
Continue Reading Gun Purchase Barred by Expunged Domestic Violence Misdemeanor

June 11, 2024 – An agency order prohibiting certain energy market bids that was issued without following rulemaking procedures was an invalid rule because it had the effect of law and implemented state statutes, the Wisconsin Court of Appeals (District IV) has ruled in

Midwest Renewable Energy Association v. PSC
, 2022AP968 (May 31, 2024).In 2008, the Federal Energy Regulatory Commission issued an order requiring market operators to accept demand-response bids made by aggregators of retail customers (ARC) who
Continue Reading Wisconsin Court of Appeals: PSC Order Was Invalid, Unpromulgated Rule

June 11, 2024 – It was not prosecutorial misconduct for a prosecutor to ask a probation agent to stall a criminal defendant on the day of trial while the prosecutor attempted to locate a witness, the Wisconsin Court of Appeals (District I) has a ruled in an unpublished opinion.In State v. Dorgay, 2021AP954 (May 29, 2024), the Court of Appeals also held that an ethics complaint the defendant filed against his attorney did not pose a conflict of
Continue Reading Request that Probation Agent Stall Defendant Not Prosecutorial Misconduct

June 11, 2024 – A criminal defendant was prejudiced by an expert witness’s testimony that only 1% of the evidence in child sexual abuse reports is false, the Wisconsin Court of Appeals (District III) has held in an unpublished opinion in State v. Molde, 2021AP346 (May 21).As a result of the prejudice, the Court of Appeals ruled, the defendant’s attorney provided ineffective assistance of counsel by not objecting to the introduction of the expert witness’s testimony.In January 2017,
Continue Reading Failure To Object to Testimony About Rarity of False Victim Reports Was Prejudicial

June 11, 2024 – A motion for relief from two default judgments was not timely when it was filed seven months after entry of the judgment, the Wisconsin Court of Appeals (District II) has ruled in an unpublished opinion, Par, Inc. v. McCahey, 2023AP11 (May 22, 2024).Par, Inc. (Par) filed a small claims action against Suzan McCahey in Waukesha County in March 2020. McCahey, representing herself, filed an answer to Par’s complaint.After Par served McCahey with a set
Continue Reading Motion for Relief Untimely When Filed Seven Months After Judgment

Attorney Rick Manthe presents at the 2024 Municipal Attorneys Institute
Attorney Rick Manthe will speak on a panel during the 2024 Municipal Attorneys Institute, an annual conference hosted by the League of Wisconsin Municipalities. Stafford Rosenbaum is a sponsor of the conference, taking place June 12-14, 2024, which brings together attorneys and municipal officials to discuss important issues, such as ordinance updates, elections, and development, as well as professional development topics. Read more about the Municipal Attorneys Institute here
Continue Reading Attorney Rick Manthe to Present at the Municipal Attorneys Institute for the League of Wisconsin Municipalities

CategoriesCategories

Archives
Family Law Videos
WI Court Opinions
Legal Publications

By Attorney Gregg HermanJune 10, 2024

Remember when your kid wanted to throw a birthday party, and they had to invite the whole class? You know, because it was the right thing to do? Yes, even that kid that no one liked got an invite, and the party went off without a hitch.
The Wisconsin State Bar Association is throwing a party soon—and Wisconsin Law Journal isn’t invited.
The
Continue Reading WLJ not invited to the party: State Bar closes doors to media

June 6, 2024 – Wisconsin Supreme Court Chief Justice Annette Ziegler has appointed a committee to address the continuing shortage of attorneys across Wisconsin. The Attorney Retention and Recruitment Committee was announced on June 6.The committee will be made up of the deans of Marquette University Law School and the University of Wisconsin Law School, State Bar of Wisconsin representatives, and attorneys and judges from across Wisconsin. Chief judges from each of the state’s nine judicial administrative districts will
Continue Reading Chief Justice Appoints Committee To Address Attorney Shortage

We all have good intentions when it comes to volunteering, but oftentimes we either do not know where to start or have limited availability.

But whether you are volunteering weekly, monthly, or even yearly, any time you dedicate your expertise to helping individuals less fortunate, you are involved in public interest volunteering.

Here are opportunities for individuals to find their volunteer journey – whether they are a newly minted volunteer or those with experience seeking to broaden their volunteer
Continue Reading Get Involved: Public Interest Law Volunteer Opportunities

June 4, 2024 – A complaint stating the existence of a dispute over the appraisal of an insured loss and that one party refused to abide by the insurance contract’s appraisal clause was sufficient to withstand a motion to dismiss for failure to state a claim, the Wisconsin Court of Appeals (District IV) has held.

In Badgerland Restoration & Remodeling, Inc. v. Federated Mutual Insurance Company, 2023AP2109 (May 9, 2024), the Court of Appeals also held that facts
Continue Reading Existence of Dispute and Allegation of Contract Non-compliance Were Legally Sufficient