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Twenty Holstein Arrayed Around A Circular Feeding Trough With Metal Stanchions

Dec. 28, 2022 – The state Livestock Facility Siting Board properly affirmed a town’s denial of a farm’s application based on credibility grounds, the Wisconsin Court of Appeals has held.In Town of Ledgeview v. Ledgeview Farms LLC, 2021AP240 (Nov. 30, 2022), the Court of Appeals District II held that administrative rules promulgated under the livestock facility siting law require the information submitted with a permit application to be credible.Application and RefusalOn Nov. 5, 2019, Ledgeview Farms LLC (Ledgeview) submitted

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Continue Reading Livestock Facility Siting Board Properly Affirmed Denial of Permit on Credibility Grounds

Sun Streaming Through Vertical Stained Glass Windows With Red Crosses, Illuminating A Sanctuary Of Plain Wooden Pews

Dec. 28, 2022 – A group of Catholic charities do not qualify for an exemption to the state’s unemployment compensation act because their activities are not primarily religious, the Wisconsin Court of Appeals has ruled.In Catholic Charities Bureau, Inc. v. Labor and Industry and Review Commission, 2020AP 2007 (Dec. 13, 2022) the Court of Appeals District III also held that denying the exemption to the charities did not implicate their free expression rights under the First Amendment.Social Ministry

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Continue Reading Charities Don’t Qualify for Unemployment Exception Where Activities Not Primarily Religious

During these joyous holiday times, thoughts turn to peace on Earth, goodwill toward all and, of course, data scraping.

The United States Supreme Court is presently deciding whether to review a Second Circuit case that gave Google a free pass to scrape the content from another business’ website. The business that got scraped (Genius Media Group, “GMC”) provides an online platform for music enthusiasts who transcribe song lyrics. GMC invested millions of dollars to build its technology and to…
Continue Reading Fighting Back Against Data Scrapers

b2ap3_thumbnail_cw.gifBy: Attorney Cameron Weitzner

While drunk and intoxicated driving are serious issues at all times of the year, they can be a significant concern during the holiday season. Between Thanksgiving and New Year’s Day, OWI cases often increase, and they can lead to accidents that may result in serious injuries or death. Wisconsin officials have reported that during the 2021 holiday season, 373 accidents involving intoxicated drivers occurred throughout the state, and these crashes led to 192 injuries and…
Continue Reading OWI Arrests May Increase in Wisconsin During the Holiday Season

milwaukee divorce lawyerBy: Attorney Megan Drury

If you are getting a divorce in Wisconsin, it is essential to understand the procedures that will be followed during your case. One issue that you may need to address during the divorce process involves stipulations, which may put temporary orders in place that will determine how certain issues will be handled as you work to dissolve your marriage. By understanding the role that stipulations can play in your divorce and working with an experienced…
Continue Reading How Can Stipulations Affect a Wisconsin Divorce?

Many of the divorce and paternity cases I handle involve a pro-se adverse party who frequently has plenty of experience with the criminal court system.

After those experiences, the adverse party often requests that the court appoint them a lawyer – after all, they’ve had one appointed before in the same courts. After such a request comes a difficult explanation that Wisconsin does not appoint an attorney for civil cases,1 and then the dawning realization at some point…
Continue Reading Right to Counsel in Wisconsin Civil Suits – and a Call to Action

von Briesen & Roper, s.c., today announced that attorney Mark S. Kapocius joined the Milwaukee office as a Shareholder in the Government Law Group and School Law Section.“Mark Kapocius brings significant school law and labor and employment law experience to our firm, our Government Law Group, and our School Law Team. Our School District and other public-sector clients will benefit from Mark’s creativity and innovation, and they will enjoy working with an Attorney who cares and intrinsically understands their needs,”…
Continue Reading von Briesen & Roper, s.c. Welcomes Mark S. Kapocius

von Briesen & Roper, s.c., today announced that attorney Mark S. Kapocius joined the Milwaukee office as a Shareholder in the Government Law Group and School Law Section.“Mark Kapocius brings significant school law and labor and employment law experience to our firm, our Government Law Group, and our School Law Team. Our School District and other public-sector clients will benefit from Mark’s creativity and innovation, and they will enjoy working with an Attorney who cares and intrinsically understands their needs,”…
Continue Reading von Briesen Welcomes Mark S. Kapocius

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Decentralized autonomous organizations (DAOs) are a novel type of entity – with profound differences from traditional structures like LLCs. Lately, DAOs are experiencing a surge of interest. According to one estimate, the market capitalization of DAOs was already around $21 billion in January 2022. What Are DAOs? Thankfully, despite their novelty, DAOs are not completely unrecognizable. For example, the New York Times once described a DAO as a “group chat with a bank account.” DAOs share some…
Continue Reading The Pitfalls and Possibilities of Decentralized Autonomous Organizations

On December 5, 2022, the U.S. Environmental Protection Agency (EPA) provided notice in the Federal Register (see “Federal Register”/Vol. 87, No. 232/Monday December 5, 2022) of a Proposed Rule that would make significant changes for reporting of PFAS compounds pursuant to the “Toxic Release Inventory” (TRI) reporting requirements of the Emergency Planning Community Right-to-Know Act (EPCRA).

The TRI Rules require that specific industries identified under a variety of SIC Codes, which includes most manufacturers, mining facilities, electric power generating…
Continue Reading The EPA Proposes to Change Toxic Release Inventory (TRI) Reporting for PFAS

A Man’s Hand, With Index Finger Extended, Hovering Over A Tablet’s Touchscreen, As Email Icons Burst Up From The Tablet

Dec. 19, 2022 – The Wisconsin public records law compels a school district to disclose a list of parent email addresses used to communicate about administrative matters and community issues, the Wisconsin Court of Appeals has ruled.In Gierl v. Mequon-Thiensville School District, 2021AP2190 (Dec. 7, 2022), the Court of Appeals District II held that under the public records law’s balancing test, the prospect that disclosure of the list would chill communication between the district and the parents did

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Continue Reading Public Records Law Compels Disclosure of Parent Email List

Two Men and Two Women, Dressed In Dark Business Suits, Standing Behind A Counsel Table As A Judge Gavels A Proceeding To Order

Dec. 19, 2022 – Wisconsin law requires that a person subject to a petition for guardianship and protective placement be physically present for the final hearing absent a valid waiver, the Wisconsin Court of Appeals has ruled.In Racine County v. P.B., 2022AP765 (Nov. 30, 2022), the Court of Appeals District II held that the law allowing guardianship respondents to object to witnesses who appear via videoconferencing does not allow respondents to appear via videoconferencing without a waiver.Final HearingRacine County

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Continue Reading Guardianship Respondents Must be Physically Present for Final Hearing

On December 7, 2022, the Wisconsin Court of Appeals ordered the Mequon-Thiensville School District (“MTSD”) to release a parent e-mail list to a public records requestor.1
BackgroundMTSD collected parent e-mail addresses for the purpose of communicating with parents about student-focused matters (school closures, bus routing, enrollment reminders, etc.). In addition, MTSD also used the email distribution list to communicate on “community outreach” matters that “may stray from what traditionally would be considered school related.”
A local resident, Mark Gierl,…
Continue Reading Wisconsin Court of Appeals Requires Disclosure of E-Mail Listserv Maintained by Public School District Used for Community Outreach

Clients often ask their attorneys whether they can be held liable for serving alcohol to their adult friends, employees, or customers who subsequently injure others. According to Wisconsin law, the answer is generally “no.” Providers of alcohol in Wisconsin have long been shielded from civil liability arising out of accidents caused by intoxicated adults. Historically, Wisconsin law has favored holding intoxicated adults liable for damages caused by their negligence while favoring immunity for the liquor provider. The Immunity Statute:…
Continue Reading Holiday Party Primer: Alcohol Providers Are Generally Exempt From Liability

milwaukee child support lawyerBy: Attorney Megan Drury and Paralegal Ali Jaeger
In many divorce and family law cases, child support is one of the most important matters that will need to be addressed. Determining child support obligations can be a daunting task for parents, and balancing financial responsibility with the child’s best interests is an ever-evolving challenge. As parents address these issues, they will need to understand the types of expenses that child support will cover, including the “variable costs” and medical…
Continue Reading When Can “Variable Costs” Be Added to a Wisconsin Child Support Order?

milwaukee car accident injury lawyerBy: Attorney Chris Strohbehn
Car accidents are a serious concern all year round, but winter weather poses an additional risk. Snow and ice create hazardous driving conditions and make it harder to control a car, and drivers need to be able to act quickly and respond correctly to dangerous conditions. When roads are slippery, and winter conditions affect visibility, a seemingly minor mistake can have deadly results. These issues can become even more serious if drivers fail to fully…
Continue Reading Is Distracted Driving More Likely to Cause Car Accidents in Winter?