The holiday season is a time when families can come together to celebrate and create lasting memories. However, for some people and families, the holidays can be a time of increased stress and tension. Unfortunately, this can sometimes lead to an increase in domestic violence incidents. Those who have been accused of domestic violence may face arrests and prosecution, and they will need to understand what steps they can take to address these issues and defend against criminal charges.
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December 2023
Rituals Aren’t Just for Year End
We have habits (good and bad). We have routines (intentional and non-intentional). But rituals? Maybe not so much. Setting and implementing goals can be pretty stressful. Anxiety often rides along on any journey to a goal – especially those goals involving growth (personal or business). If it is causing growth, it is causing you to push and stretch. That almost always means stress. So, if we opt to set growth goals (and you know I do), how can we…
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Your Company’s Beneficial Ownership Information Report Required by the Corporate Transparency Act Is Due Soon
According to Dictionary.com and anyone who has seen a Star Trek episode, a Red Alert is the most urgent form of alert, warning that danger is imminent. The Corporate Transparency Act (the “CTA”) is a federal law with a filing requirement for almost every corporation, limited liability company, and limited partnership. The CTA requires that a Beneficial Ownership Information Report (the “Initial Report”) be filed by the Reporting Company with FinCEN, the Financial Crimes Enforcement Network, a bureau of…
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On the Family Court’s Authority to Order Parental Drug Tests
Can the court order a parent to submit to a drug test at the request of the other parent in a contested child-related issue?
Substance abuse issues, or allegations of substance abuse, are often at the forefront of family court cases, and can play significant roles in determining the custody and placement arrangements that are in the best interests of the children.
Wis. Stat. section 804.10 arguably grants the court the authority to make such an order:
When the
…
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Privacy Program Basics for Businesses: Managing the Chaos
More than 20 years ago, the Federal Trade Commission asked Congress to pass a federal privacy law. Congress has not done so, and perhaps as a result,
privacy has been one of the top areas of change in the law for many years.
Today, privacy remains one of the fastest growing areas of the law, and recent years have seen a chaotic and exponential increase in privacy legislation. The number and scope of enacted privacy laws and pending
…
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Why the Wisconsin ePDMP Is Important
The Wisconsin Prescription Drug Monitoring Program (WI PDMP) is a program that collects and discloses information relating to the prescribing and dispensing of monitored prescriptions drugs.1
What is a Monitored Prescription Drug?
Under Wis Admin. Code § CBS 4.02(12)(a), a monitored prescription drug means:
- a controlled substance included in Wis. Stat. section 961/385(1)(ag);
- a drug identified by the Wisconsin Controlled Substance Board as having a substantial potential for abuse (including scheduled II, III, IV, or V in
The Corporate Transparency Act
Own a Business?
Read this: The U.S. Government may be entitled to some of your personal information, thanks to The Corporate Transparency Act
What is it?
Passed on January 1, 2021, the Corporate Transparency Act (CTA) requires most private businesses operating in the United States to identify and report to the federal government certain details regarding individuals with ownership or control of the business. Reporting obligations begin January 1, 2024.
The CTA was created in response to concerns over…
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Expect Flurry of Action as Legislature Prepares to Finish 2023-24 Session
Dec. 11, 2023 – Following a busy fall floor period, legislators have begun the process of wrapping up their work over what is expected to be an active January and February floor session. There is always a sense of urgency by legislators at this time to get their priorities and business done as quickly as possible to avoid being caught up in any last-minute session wrangling that may impact the passage of pending legislation.
Currently, the legislature has their
…
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EEOC’s Proposed New Guidance on Harassment in the Workplace
Workplace harassment continues to loom large in the employment law space.
In FY2018 through FY2022, Equal Employment Opportunity Commission (EEOC) statistics show that more than one-third of charges filed with the agency alleged unlawful harassment.
The EEOC’s latest guidance document regarding unlawful harassment was published in 1999.1Since that time, the practical and legal landscape has evolved dramatically: the #MeToo Movement brought awareness to sexual harassment and sexual violence, the Supreme Court’s decision in Bostock2 clarified that…
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Can a Postnuptial Agreement Help Prevent a Divorce?
A postnuptial agreement, also known as a post-marital agreement, is a legal contract entered into by married couples after they have tied the knot. While prenuptial agreements are signed before marriage, postnuptial agreements are created during the course of the marriage. A postnup can detail how the division of assets and debts will be handled if a couple chooses to divorce or separate, and it may also address other financial issues, such as whether one party will pay…
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Updating Your Estate Plan- What You Need to Know
Estate planning is a crucial aspect of securing your financial future and ensuring your loved ones are taken care of after you’re gone. However, it’s not a one-and-done task. Life changes, laws evolve, and financial circumstances shift. To maintain the effectiveness of your estate plan, you must periodically update it. Here we’ll provide you with a comprehensive checklist to ensure your estate plan stays current and aligned with your wishes. Let’s dive in!
Updating Your Estate Plan
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Legal Separation versus Divorce
You might hear of people who are legally separated and wonder how that is different from simply being divorced. In Wisconsin, legal separations and divorces share a similar legal process, but the end result is differently. For example, in both cases the parties have to file petitions with the court. The court cannot enter a judgment in either case until 120 days have passed since the joint petition was filed or the non-filing party was served.
In Wisconsin, the
Diversity Counsel Program: ‘There’s a Space for You Here’
Dec. 7, 2023 – More than 40 lawyers gathered at the Italian Community Center in Milwaukee for the State Bar of Wisconsin’s 2023 Diversity Counsel Program on Monday, Dec. 4.
The State Bar of Wisconsin’s Diversity and Inclusion Oversight Committee organized the program, emceed by Milwaukee County Circuit Court Judge Kori Ashley.
Launched by the State Bar in 2004, the Diversity Counsel Program was modeled after the original American Bar Association Minority Counsel Demonstration Program.
Originally designed to increase
…
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Funeral Fender Benders: Defending Funeral Procession Right-of-Way Claims
In Wisconsin, vehicles driving in a funeral procession generally have the right of way at an intersection. Specifically, Wis. Stat. section 346.20 states:
(1) Except as provided in sub. (4), the operator of a vehicle not in a funeral procession or military convoy shall yield the right-of-way at an intersection to vehicles in a funeral procession or military convoy when vehicles comprising such procession have their headlights lighted.
(2) The operator of a vehicle not in a funeral procession…
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How Will Remarriage Affect Spousal Support Payments in Wisconsin?
Spousal support, also known as alimony or maintenance, is a common issue addressed in divorce cases. The purpose of spousal support is to bridge the gap between divorcing spouses and enable the lower-earning spouse to maintain a similar standard of living after divorce.
In Wisconsin, spousal support payments are determined on a case-by-case basis by considering various factors such as the length of the marriage, each spouse’s income and earning capacity, the age and health of both parties,…
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Attorney Douglas Poland Presents at State Bar of Wisconsin’s Annual Constitutional Law Symposium
Attorney Doug Poland to Present on Updates in Election Administration and Access to Voting at the Wisconsin State Bar
On Thursday, December 7, Attorney Doug Poland will present on recent updates in election administration and access to voting at the State Bar of Wisconsin’s Annual Constitutional Law Symposium 2023. The presentation is part of a day-long symposium for members and non-members of the State Bar.
Doug is a partner in Stafford Rosenbaum’s Madison office. His practice focuses on election…
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