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
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Food, Drug & Agriculture
Breaking Bond – Why Withdrawal Coverage Matters For Your Distillery
As an extension filer for almost the entirety of my adult life, I’m all too well aware that while the US Treasury might give you an extension on the time to file, there is never an extension of the time to pay your taxes. This applies to income tax and excise tax – and if you’re a distillery that is subject to a bond requirement because your excise tax remittances and production volumes are high enough, ensuring you have…
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It’s finally fall!
With the 🍂 Midwest weather looking like it should in mid-October, we offer you a poem along with a photo of Lola this week.
Fall, Leaves, Fall by Emily Brontë
Fall, leaves, fall; die, flowers, away;Lengthen night and shorten day;Every leaf speaks bliss to meFluttering from the autumn tree.I shall smile when wreaths of snowBlossom where the rose should grow;I shall sing when night’s decayUshers in a drearier day.
See you next week for more legal information. 📌 Remember…
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Understanding the 0.3% THC Threshold
The 2018 Farm Bill made a significant change to the definition of “marijuana” by introducing a THC threshold. Specifically, it now requires a concentration of at least 0.3% Delta-9 THC on a dry weight basis for something to be considered marijuana. In simpler terms, if a plant—or any product derived from it—contains 0.3% Delta-9 THC or less, it’s not classified as marijuana and therefore, not illegal to possess.
What Does “Dry Weight Basis” Mean?
“Dry weight basis” might sound…
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Border to Border
Remember back with Carter’s Big Mac post, I said we’d explore more things? Here is one of those posts!
The enforcement of laws depends on who made the law. If a city counsel created the ordinance, then it applies to that city – and no others. Same with counties, states, and countries. Sometimes an organization helps set out some templates so those entities can have some guidance and there can be some uniformity among the multitude of legislatures.
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Farm Bankruptcies Reach Record Low
Farm bankruptcies are down. Way down. The Numbers Wisconsin
led the nation in Chapter 12 reorganization cases in 2017, 2018, and 2020.
But no more. This reduction in filings is not limited to Wisconsin, however.
Chart 1, based on data from
uscourts.gov, shows Chapter 12 filings nationwide over the last five years.
Chart 1: National Chapter 12 filings, 2019-23, from a high of 599 in 2019 to 139 in 2023.
Source: uscourts.gov. Click on image to…
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Labor Day 2024
It sure was a beautiful end to summer with a gorgeous long weekend of weather. We hope you were all able to enjoy the time with family and friends like Lola did. See you next week with a fresh blog post!
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The Preview to the Preview
This blog has made it a whole 2 months since the last post about Minnesota’s Adult-Use Cannabis Law, and now it is time to get back into it!
On July 31st, Office of Cannabis Management [OCM] put out its first draft of the proposed rules related to adult-use cannabis. In its announcement, OCM made clear that this was merely a first draft, and that this was not part of the formal comment period. In other words, this is the…
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Streamline Your Beneficial Ownership Reporting
As the 2024 deadline approaches, ensuring your business complies with FinCEN’s Beneficial Ownership Reporting requirements is crucial. At Ogden Glazer + Schaefer, we understand the complexities and challenges of navigating these regulations. That’s why we’re excited to offer a new BOI reporting service designed to simplify your reporting process, ensuring accuracy and compliance every step of the way.
What is Beneficial Ownership Reporting and What Are the Deadlines?
Beneficial Ownership Reporting (“BOI”) is a requirement under the Corporate Transparency…
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Bottles Up (Revisited)
As promised in an earlier blog post about Bulleit, bottle shapes, and blurring (“dilution” was the word I mostly used last time, but I was really eager for that alliteration), I am back with an updated blog post.
As a recap to the earlier post, the case involves Diageo, the company that owns Bulleit Frontier Whiskey, and W.J. Deutsch & Sons, the owner of the Redemption Whiskey brand. Diageo claimed that Deutsch’s bottle shape was similar enough to…
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Used Trademark For Sale
Remember when I said that we’d have some follow-up to Carter’s Big Mac post? Well, here is one of those posts! Today, we’ll talk about what it means to “use” a trademark. Trademarks are creatures of the relationship between the source of a product and its customers. They don’t exist without the product or the customer. Both are necessary. You have to have a product (either a good or a service) and customers buying it. Specifically, you need…
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Representing Clients with Diminished Capacity in Civil Litigation
As attorneys, we should be familiar with our ethical duties to communicate with clients under SCR 20:1.4. However, how are those duties impacted when the client has diminished capacity? When an impaired client has bona fide civil claims, what steps must an attorney take to ensure the client’s best interests are considered? What rules exist in the Wisconsin statutes that offer protection for such clients? Imagine that someone contacts your office and explains a factual scenario that seems likely…
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We welcome Lethina as our new LPM!
Lethina Stephens is a highly organized and analytical Program Manager with extensive experience in managing global SDLC Waterfall and AGILE projects. Certified as a Project Management Professional (PMP) and a SCRUM Master, she excels in fast-paced and evolving environments, particularly in software and hardware SaaS, fintech, and mobile applications. Lethina has a proven track record of delivering projects on time, effectively managing cross-functional teams, and building strong stakeholder relationships.
Throughout her career, Lethina has held key roles where she…
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Big Mac Trademark in the EU…They’re Not Loving It
Working here at Ogden Glazer + Schaefer, you get to hear about all the interesting legal battles that happen around the world. Here is one that I am surprised did not get shared with you. [Note from Erin: This post was written by Carter, our high school assistant. He is not a lawyer. He is not well-versed in EU law. He doesn’t provide legal analysis, and you should not take it as legal advice. He does, however, have good…
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Minnesota Adult Use Cannabis Law: The May 2024 Bill
Of course the news cycle wouldn’t allow me wrap up on Minnesota’s Adult Use Cannabis Law series at four posts (see the links for Parts 1, 2, 3, and 4)! It needed a fifth part, where I discuss the bill that was signed into law a few weeks ago.
On May 24th, Governor Tim Walz signed HF 4757 into law. The text of the bill is over 180 pages long, so to provide a summary…
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Licensing Agreements Ltd.
If you’ve been keeping up with our blog, you’re aware that Wis. Stat. 125 – Alcohol Beverages recently got a major overhaul. The updated statute, effective as of May 1, 2024, brings significant changes, especially in the area of contract manufacturing for beer, wine, and spirits. We’ve already covered Alternating Proprietorships and Recipe Production (aka Recipe Brewer). Today, we’ll explore the third type: Licensing Agreements.
Quick note: while licensing agreements are available to all industry members, this post focuses…
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