Appellate Practice

Nov. 16, 2022 – Corroboration from multiple witnesses that a chief financial officer was aware of misleading entries in his corporation’s financial statements was sufficient to sustain a guilty verdict, the U.S. Court of Appeals for the Seventh Circuit has ruled.In

U.S.. v. Armbruster, No. 21-3370 (Sept. 7, 2022), the Seventh Circuit also reiterated that circumstantial evidence is sufficient to prove the mental state necessary for a fraud conviction.Spate of MergersPeter Armbruster, a certified public accountant, became the controller
Continue Reading Circumstantial Evidence Sufficient to Sustain Securities Fraud Conviction

On Monday, May 2, 2022, the political journalism group Politico published and reported on a leaked U.S. Supreme Court draft-opinion.

The draft opinion related to a pending case, addressing Roe v. Wade, which led to a firestorm of responses on everything from abortion, to birth control, to privacy. The authenticity of the “draft” was confirmed by the Court the next day. The Court has now launched an internal investigation into the leak.

Aside from the merit and expected
Continue Reading Who Leaked the US Supreme Court’s Draft Opinion?

The State Bar of Wisconsin Appellate Practice Section is putting on a CLE event. It will be here soon. Is this for you? Of course, at least in the appellate practice world, the “fun” begins when filing your notice of appeal. Sure there are other issues – is the record complete, identifying issues, transcript tracking – but the notice begins the first step. And that step is where the appellate practitioner has a choice. Part of this choice
Continue Reading From Articles to an Upcoming CLE: Appellate Practice Continues a Step Ahead

The Ozaukee County Courthouse in Port Washington sits on a rising hill a few blocks from Lake Michigan. In a city that has more pre-Civil War buildings than any other in the state, the courthouse dates to the turn of the 20th century, where for over 100 years it has quietly remained an everyday fixture in government and the courts.

On the second floor sits its courtroom. The courtroom is largely ceremonial – the court system has since moved
Continue Reading Justice on Wheels: The Wisconsin Supreme Court Visits Ozaukee County

As of July 1, electronic filing is mandatory for attorneys who practice in the Wisconsin Court of Appeals.  The Wisconsin Supreme Court will launch an eFiling pilot program on a select set of cases by invitation.

According to the Wisconsin Court System News, the appellate eFiling system has the same look and feel as the eFiling system established for circuit courts.  A copy of the Supreme Court’s April 23 order, establishing a comprehensive appellate eFiling system, can be
Continue Reading Wisconsin Expands eFiling to Appellate Courts

Last Friday, I attended an excellent CLE program on Ethics & Professionalism in Virtual Legal Environments – Judicial Perspectives sponsored by the UW Law School, Continuing Legal Education.  Judge Jason Rossell (Kenosha County Circuit Court) and Judge John Anderson (Bayfield County Circuit Court) discussed how the move to virtual courtrooms has affected courtroom decorum and the need to communicate specifically to the tribunal about new virtual-specific ethical concerns.

Something that Judge Anderson said particularly resonated with me:  “Anything
Continue Reading “Anything that You Can Do to Make the Judge’s Job Easier = Better Outcomes for Your Clients”

In November 2020, Clerk of the Supreme Court Sheila Reiff filed a petition in the Court to seek approval for “the use of an electronic filing system in the appellate courts” and “to amend the rules of appellate procedure as needed to implement the [eFiling] system.”

The petition and rule amendments were developed by the Appellate eFiling Committee, a committee convened by the clerk with representation from the Supreme Court, Court of Appeals, practicing attorneys, and court staff.
Continue Reading Appellate eFiling Petition Filed in Wisconsin’s Supreme Court