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By , and December 7, 2024

The U.S. Government has appealed a federal judge’s order temporarily blocking the enforcement of the Corporate Transparency Act (CTA). As a result, the case is now headed to the Fifth Circuit Court of Appeals.
Currently, reporting companies are not required to submit filings. FINCEN has acknowledged this in a recent update to its website, stating: “Reporting companies are not currently required to file…
Continue Reading U.S. Government Appeals Block on CTA Enforcement

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On December 3, 2024, the U.S. District Court for the Eastern District of Texas granted a preliminary, nationwide injunction enjoining the United States federal government from enforcing the  Corporate Transparency Act (“CTA”), which includes the reporting of beneficial ownership information (“BOI Report”) to the U.S. Federal Crimes Enforcement Network (“FinCEN”). The court’s reasoning revolved around the constitutionality of the CTA. The immediate impact is that companies are, at least temporarily, no longer required to file a BOI Report with…
Continue Reading Corporate Transparency Act Injunction Alert

The holiday season is a time for giving and reflection. As you consider your loved ones and the year ahead, it’s also an opportune moment to think about your legacy and how you can make a lasting impact on the causes you care about.

Charitable Giving and Estate Planning
Incorporating charitable giving into your estate plan can be a powerful way to support your favorite charities while also achieving significant tax benefits. Here are a few strategies to consider:…
Continue Reading Charitable Giving in Your Estate Plan

Governments worldwide are facing growing demands for openness, transparency, and accountability.

As part of this shift, the Open Government Partnership (OGP) stands out as a pioneering international initiative committed to fostering government transparency and citizen engagement. Established in 2011, the OGP now includes 78 countries and numerous local governments, each dedicated to advancing these principles in governance.
What is the Open Government Partnership?
The OGP is an initiative founded to create more transparent and accountable governments by encouraging commitments…
Continue Reading Opening the Doors to Transparent Governance

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A federal district court in Texas has issued a landmark decision postponing the enforcement of the Corporate Transparency Act (the “CTA”). The Court held that the CTA exceeds Congress’ power and is therefore likely unconstitutional. As a result, reporting companies are no longer required to comply with the CTA’s January 1, 2025, reporting deadline.

As a reminder, the CTA imposed reporting requirements on many small businesses, requiring the “beneficial owners” of reporting companies to submit sensitive information to the…
Continue Reading Ding Dong, the CTA is DEAD!

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Dec. 3, 2024 – Legislation that required Joint Finance Committee (JFC) approval on settlements in cases prosecuted by the Wisconsin Department of Justice (DOJ) did not violate the constitutional separation of powers between legislative and executive branches, a majority of the Wisconsin Court of Appeals, District II has concluded.

In Kaul v. Wisconsin State Legislature, 2022 AP 790 (Dec. 2, 2024), the three-judge panel reversed (2-1) the Dane County Circuit Court’s summary judgment orders, concluding the lower court…
Continue Reading Appeals Court Upholds Law Giving Legislature Power to Approve DOJ Settlements

Here is the latest faculty scholarship from the University of Wisconsin Law School Legal Studies Research Papers series vis SSRN.

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Continue Reading Recent UW Law Faculty Scholarship

December 2, 2024

Frederick P. Kessler died on November 12, 2024. He is survived by his wife of 58 years, Judge Joan Kessler, two daughters and grandchildren. He was first elected to the Wisconsin Assembly before his 21st birthday and served as a Milwaukee County judge from 1972 to 1978, 1978 to 1981 and 1986 to 1988. In 2004, he was reelected to the Wisconsin Assembly and served until 2018.

My favorite Judge Kessler story (although not…
Continue Reading Remembering Judge Frederick P. Kessler

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Dec. 2, 2024 – David T. Prosser Jr., former Wisconsin Supreme Court Justice, passed away Sunday, Dec. 1, 2024, at age 81.

Justice Prosser served 18 years on the court, from 1998 to 2016. He was appointed by Gov. Tommy G. Thompson, and subsequently was elected to 10-year terms in 2001 and 2011.

“Justice Prosser was the quintessential public servant who enjoyed a respected career (spanning more than 40 years) in the service of others,” said Wisconsin Supreme Court…
Continue Reading Retired Supreme Court Justice David Prosser Dies at 81

A recent Wisconsin Court of Appeals case complicates residential leases by applying the Wisconsin Consumer Act (WCA) to residential leases and uniquely calculating pecuniary loss under Wis. Stat. section 100.20(5) for a violation of Wis. Admin. Code § ATCP 134.08(10).

The case is Koble Investments v. Marquardt.1 A petition to review the decision is currently pending before the Wisconsin Supreme Court.

Landlords and tenants alike should be aware of its holding, as it has the potential to…
Continue Reading Koble Investments, the Wisconsin Consumer Act, and Residential Leases

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Nov. 27, 2024 – ​As we approach Thanksgiving and the holiday season, we reflect on our commitment to upholding justice and the rule of law. Each of you – lawyers, judges, and justices – play a critical role in maintaining fairness and trust in our legal system. Together, you help ensure that our shared legal values remain steadfast in Wisconsin.

In this season of gratitude, we extend our deepest thanks to each of you for your dedication, integrity, and…
Continue Reading A Message of Appreciation to Wisconsin’s Legal Community

Posted on November 26,2024 in Criminal Defense
In Wisconsin, if you have been convicted of the crime of vehicular homicide, your liability may not end with the conviction. You may also face a separate civil lawsuit related to the conduct that led to the vehicular homicide conviction. This civil “personal injury” lawsuit may be brought to recover damages if you were convicted for the crime. A Wisconsin personal injury defense attorney can represent you if you…
Continue Reading The Impact of Vehicular Homicide Convictions on Civil Liability

In April 2017, the Wisconsin Supreme Court, acting in response to a request of the Business Court Advisory Committee, established a pilot large claim commercial case docket for the assignment of commercial cases. The purposes of the pilot commercial court (which some refer to as the business court) were
to ensure that large claim cases involving Wisconsin employers or businesses, or which involve complicated disputes, are resolved expeditiously and with the least amount of cost so as to (a)…
Continue Reading Contracting for Dispute Resolution After the End of Wisconsin Commercial Courts

The ever-changing landscape of state government requires businesses across all industries to stay informed on the happenings in Madison. Welcome to the November 2024 issue of the Capitol Connection.

In this issue:

Election 2024: State Legislature

After the implementation of new legislative maps, months of campaigning, heated rhetoric, a barrage of unsolicited text messages, and lots of junk mail, the 2024 election has concluded.

After the votes were tallied:

  • Democrats gained 10 seats in the Wisconsin Assembly
  • Republicans maintain

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Continue Reading Capitol Connection, November 2024

Disclaimer: I am writing this blog under my capacity as a board member of the State Bar of Wisconsin Public Interest Law Section. This blog and the views within are my own. It no way reflects the view of the Department of Defense, Defense Logistics Agency, or the U.S. Federal Government. I am not receiving any compensation for writing this blog. My Background Before I get into the benefits of working for the government, I first want to explain…
Continue Reading Benefits of Working for the Federal Government

The discharge of federal student loans through bankruptcy is likely reaching its highest point since 1978. This is due to the introduction of federal guidance that outlines the necessary facts for obtaining a discharge federal student loans in bankruptcy. A Brief History of Student Loans in Bankruptcy Prior to the Bankruptcy Reform Act of 1978 (Act), borrowers could discharge their federal student loans through bankruptcy. The Act, in addition to fundamentally revamping the practice of bankruptcy in the United…
Continue Reading ‘Hopelessness’ Reimagined: Discharging Federal Student Loans in Bankruptcy Under the Federal Guidance