Featured

This post is a 30,000 foot view of the process of becoming a brewery and winery in Wisconsin simultaneously. Yes, you read that right, a brewery can also be a winery or vice versa. As small producers seek to differentiate themselves and expand their market presence, clients seeking to become both a brewery and a winery continues to be an area of interest and growth. Read on for more information.

The Steps at the Federal Level

In order to
Continue Reading Brewery & Winery? I Can Be Both?

That is a question I hear from a lot of health and wellness practitioners. The answer to whether you can use a telehealth platform to practice your craft on a national, or even international basis, depends on whether you are acting under a state-issued license.

Licensed Health Care Providers

If you are practicing under a state-issued license, such as a medical doctor, nurse, psychologist, physical therapist, chiropractor or naturopathic doctor, for example, then you must be licensed in each
Continue Reading Can I Practice Telemedicine Nationally?

The IRS has reminded taxpayers who pay estimated taxes that the deadline to submit their third quarter estimated tax payments is September 15, 2022. The fourth and final estimated tax payment for tax year 2022 is due January 17, 2023.  Taxpayers not subject to withholding, such as those who are self-employed, investors, or retirees, may need to make quarterly estimated tax payments. Taxpayers with other income not subject to withholding, including interest, dividends, capital gains, alimony, cryptocurrency, and rental
Continue Reading IRS Reminds Individual Taxpayers of September 15 Deadline for Third Quarter Estimated Tax Payments

On September 6, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking as to the legal standard for determining joint-employer status under the National Labor Relations Act (NLRA).

Under the current analysis of joint-employer status established by the NLRB during the Trump administration in 2020, a company must exercise “substantial direct and immediate control” over essential terms and conditions of employment to be considered the employer of another company’s employees.  “Substantial direct and immediate control”
Continue Reading NLRB Issues Notice of Proposed Rulemaking on Joint-Employer Status

On April 15, 2022, Wisconsin enacted a new business entity law, 2021 Wisconsin Act 258, that introduced significant changes. Chapter 183 governing limited liability companies (LLCs) organized under Wisconsin law was completely removed and replaced with a new statute based on the Revised Uniform Limited Liability Company Act already adopted in some form by other states. The Wisconsin Department of Financial Institutions (WDFI) recently posted new forms on its website and the Wisconsin State Legislature archived the old version
Continue Reading New Statute to Replace Chapter 183 for Wisconsin LLCs

By: Attorney Thomas A. Griesbach and Attorney Samuel J. Spurney

The Corporate Transparency Act became law on January 1, 2022 and implements Beneficial Ownership Information (“B.O.I.”) reporting requirements on most small businesses in the United States.  The Act will create a national database available to law enforcement to crack down on money laundering through “shell corporations”.  The reporting requirements will not come into effect until the Treasury issues final regulations on the matter, but all business owners should be
Continue Reading Corporate Transparency Act: New Beneficial Ownership Information Reporting Requirements

On March 11, 2022, Governor Evers signed SB 104, now 2021 WI Act 160. It was published on March 12 and became effective March 13, 2022.

2021 WI Act 160 modifies
DCF 150.02(13)(a)(8) to exclude “area variable housing costs” from a service member’s income for purposes of child support. Area variable housing costs refers to Variable Housing Allowances (VHA).

VHA is one component of the Basic Housing Allowance (BAH) and reflects the local area rental market. BAH rates are
Continue Reading Variable Housing Costs Now Removed from Military Gross Income: Calculating Child Support

A new WisLawNOW podcast called “Bottom Up,” produced by the State Bar of Wisconsin, features frank discussions and relatable stories that highlight the interests, challenges, and opportunities for attorneys in their first decade of practice.

Hosted by Emil Ovbiagele, founder of a small law firm based in Milwaukee and immediate past president of the State Bar’s Young Lawyer Division, the Bottom Up podcast is an extension of the WisLawNOW community of legal bloggers in Wisconsin.

Why the
Continue Reading New Podcast: ‘Bottom Up’ Focuses on Issues of Interest to Young Lawyers

“The Gazette is on the side of the people.”
Wisconsin State Journal, July 12, 1875

1870s Janesville, Wisconsin was not a large city, and its residents frequently encountered one another in both business and social settings. During her years in Janesville, Lavinia Goodell developed a very cordial relationship with the proprietors of the Janesville Gazette, both the local editor, Nicholas Smith, and the paper’s co-owner and editor-in-chief, General James Bintliff.

General James Bintliff (Photo courtesy of Wisconsin Historical
Continue Reading “The Gazette is on the side of the people.”

On August 16, 2022, the U.S. Court of Appeals for the Seventh Circuit issued a decision in EEOC v. Wal-Mart Stores East, L.P. (found here), holding that Wal-Mart did not discriminate against pregnant employees by reserving temporary light duty positions only for those employees injured on the job. The Equal Employment Opportunity Commission (EEOC) commenced its action against Wal-Mart in 2018 by claiming that Wal-Mart’s denial of temporary light duty work to pregnant women violated Title VII of
Continue Reading Seventh Circuit Holds That Employer Did Not Discriminate Against Pregnant Employees

The Fair Labor Standards Act provides an employee should receive compensation for overtime hours at a rate “not less than one and one-half times the regular rate at which he is employed.” 29 U.S.C. § 207(a)(1). This is a well-known principle by employers and employees alike. However, “regular rate” is not the same as the employee’s “hourly rate.”

Regular rate

Regular rate is defined to include all remuneration for employment paid to the employee by the employer. The regular
Continue Reading Make Sure Overtime is Calculated Correctly

When buying a company, buyers often value them lower than what sellers think they are worth.  This is a natural and expected “tug of war” that goes on with most acquisitions.  It is rare that the parties agree on the value of a company without some negotiation.

Third party financing also plays a significant role.  When buyers seek a loan from a seasoned bank, the bank is likely to lend money mainly on the value of hard assets of
Continue Reading Buying A Business – “They’re Asking How Much?!”

State v. Quaheem O. Moore, 2021AP938-CR, District 4, 7/28/22 (not recommended for publication); case activity (including briefs)

Police searched Moore for speeding and after detecting the odor of what the officer believed to be marijuana searched Moore. (¶¶2-9). Distinguishing State v. Secrist, 224 Wis. 2d 201, 589 N.W.2d 387 (1999), the court of appeals affirms the circuit court’s suppression order, holding that the odor of marijuana, by itself or coupled with other information, did not
Continue Reading Odor of Marijuana didn’t Provide Probable Cause to Arrest

As I write this, I’ve spent the last two weeks preparing for and then actually in trial, with a two-day interruption for a nerd friend conference. I am finally done, and am using the one functioning brain cell I have that isn’t devoted to keeping me upright to write this, while it’s fresh.*
This post is directed at anyone who needs to deal with a lawyer after a major project is over, so I am going to write directly
Continue Reading The Care and Feeding of a Lawyer Who’s Finally Done With Something

In Higgins v. Hahn – an unpublished per curiam Wisconsin Court of Appeals decision issued May 4, 2022 – a mediator in a divorce action testified in the trial court about some of what occurred during the mediation. Such a scenario implicates Wis. Stat. section 904.085, which governs the admissibility of communications in mediation.
Case Facts
By way of background, the parties reached agreement in mediation. However, after the divorce was finalized, the husband realized the value of the
Continue Reading Communications in Mediation: Not Admissible in Court?

Aug. 8, 2022 – Public health orders issued during the pandemic by Dane County’s health officer complied with state law and the state constitution, the Wisconsin Supreme Court has ruled.

In Becker v. Dane County, 2022 WI 63 (July 8, 2022), the supreme court held (4-3) that the officer was authorized by a state statute to issue the orders.

The court also held that the county ordinance under which the orders were issued was not preempted by state
Continue Reading Wisconsin Supreme Court Upholds County Officer’s COVID-19 Orders