Businesses often face the challenge of attracting and retaining star employees. It can be tempting to offer star employees ownership in the business to alleviate the hardship of losing them after investing time, money, and resources into training and onboarding. The main drawback of offering ownership is potentially relinquishing some control in the business. Employers that want to incentivize and retain star employees, without relinquishing actual equity or control of the entity, should consider offering “Phantom Units” rather than…
Continue Reading Phantom Ownership: How to Use Phantom Units to Incentivize Star Employees

A recent Wisconsin Court of Appeals ruling in January of 2025, highlights the issues that arise when your rights to payment depends on what happens under another party’s contract with a third party. The case involved a co-broker seeking a commission after a tenant exercised an option to purchase a property, based on a listing agreement promising payment if the option was exercised “within three years of the lease term.” Disagreement over this phrase—whether it meant three years from…
Continue Reading Avoid Confusion when Relying on Another Party’s Contract

In its recent decision in Cota v. Oconomowoc Area School District, the Wisconsin Supreme Court interpreted the term “arrest record,” which is a prohibited basis of employment discrimination under the Wisconsin Fair Employment Act (WFEA), to include municipal offenses. The WFEA defines “arrest record” as “information indicating that an individual has been questioned, arrested, charged with, indicted or tried for any felony, misdemeanor or other offense pursuant to any law enforcement or military authority.” At issue in the Cota case…
Continue Reading Non-criminal Offenses Are Prohibited Basis of Employment Discrimination Under the Wisconsin Fair Employment Act

A 2019 state wrestling championship title has finally been decided, nearly six years after the final match. The Wisconsin Supreme Court may have resolved the dispute between the former state champion and the WIAA, but the Court’s decision leaves the future of cases against the WIAA in limbo.  
What is the WIAA?
The Wisconsin Interscholastic Athletic Association (WIAA) may be a familiar term to many Wisconsinites with students who participate in high school sports, but people may not be…
Continue Reading Wisconsin Supreme Court Punts on Issue of Whether Decisions of WIAA are Reviewable in Court 

A recent United States Court of Federal Claims ruling on Qualified Small Business Stock (QSBS) under Internal Revenue Code § 1202 highlights critical concepts for obtaining gain exclusion. Here are five takeaways:

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Continue Reading Qualified Small Business Stock Points from a Recent Case

In a recent decision, the Seventh Circuit Court of Appeals, the federal appeals court that covers matters in Wisconsin, Illinois, and Indiana, concluded disability discrimination occurs under the Americans with Disabilities Act when an employer requires an unsupported medical examination of an employee, regardless of whether the employee has or is perceived to have a disability. 
Background
John Nawara worked as a correctional officer with the Cook County Sheriff’s Office. Following a series of confrontations with his co-workers in…
Continue Reading Case Law Update: Eligibility for Back Pay Under the ADA – Nawara v. Cook County

Wisconsin law limits an employer’s ability to access employees’ personal information, and outlines specific restrictions and exceptions, which are also detailed in the Wisconsin Social Media Protection Act. This article discusses that Act.
What Restrictions Do Employers Face Under the Act?
Under the Wisconsin Social Media Protection Act, employers may not request or require employees to provide:

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Continue Reading Wisconsin Limits Employers From Accessing Applicants’ & Employees’ Social Media

Wisconsin has well-defined and long-standing marital property laws provided to those who choose to marry. There are even circumstances where, due to the length of the marriage and other relevant factors, a spouse’s pre-marital individual property may convert into marital property, which is subject to division in the event of divorce.
But what legal protections are afforded to unmarried individuals with respect to property rights and financial obligations?
Unmarried couples who reside together, otherwise known as cohabitators, are neither…
Continue Reading Protecting Property Interests of Unmarried Cohabitating Partners in Wisconsin

Artificial intelligence (“AI”) is everywhere. It promises (or threatens, depending on how you view this technology) to revolutionize nearly all aspects of our lives, and some artists fear that so-called generative AI will make it even more difficult to make a living in the music industry. But before we start ringing any alarm bells, one of the first questions that needs to be answered is: Are songs created using generative AI copyrightable?
Last fall, I sat down with my…
Continue Reading Copyrightability & Generative AI in Music