Axley Attorneys

Axley attorneys provide quality and timely legal services at a reasonable price in over 100 areas, including business, tax, estate planning, corporate, health care, construction, litigation, insurance defense, electronic discovery and records management, family law, criminal defense, labor and employment, and personal injury.

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Securing a federal trademark with the United States Patent and Trademark Office (USPTO) is one of the most exciting and valuable steps a new business can take to protect its brand identity. The USPTO trademark application process is not always intuitive, especially when it comes to evaluating whether another business is already using a similar mark in commerce. It is important for prospective applicants to understand how the trademark application process works in order to prevent costly surprises down…
Continue Reading Navigating the USPTO Trademark Application Process: Is It Worth the Risk?

Employers play a pivotal role in guiding employees through their benefits options, including retirement plans and life insurance. However, one crucial aspect often goes overlooked: beneficiary designations. In Wisconsin, these designations carry significant legal weight and can directly shape how an employee’s benefits are distributed after their death.
The Binding Nature of Beneficiary Designations in Wisconsin
For 401(k)s, 403(b)s, profit-sharing plans, and employer-sponsored life insurance (“Benefits Plans”), the beneficiary designation on file at the time of an employee’s death…
Continue Reading Navigating Beneficiary Designations: A Guide for Employers

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When you own a business, it becomes more than a paycheck; it is your life’s work. The business can be immensely personal, and the sale of it can be life altering and emotional, even in the best situations. You may be asking yourself: “Do I really need to hire a lawyer to sell my business?” While you are the expert on your company, we are the experts on the legal ramifications, liabilities, and protections you and your family need…
Continue Reading I Am Selling My Business – Now What?

Drone view of a brownfield housing development on the edge of an East Anglian village.
Drone view of a brownfield housing development on the edge of an East Anglian village. A water tower in the distant supplies water to the sprawling village.

In a recent decision, the Wisconsin Court of Appeals addressed the obligations of property owners when contesting property tax assessments, specifically regarding the requirement to provide income and expense information to assessors. The case, Middleton Westbrook Property Owner LLC, et al. v. Village of Menomonee Falls Board of Review, clarifies the statutory duties of property owners related to their obligation to turnover financial information and the consequences of failing to comply.
Case Background
Middleton Westbrook Property Owner LLC…
Continue Reading Wisconsin Tax Appeals: Must Owners Disclose Financial Data?

Terminations are complex, often triggering emotional, legal, and administrative challenges for employees and employers. When post-termination questions go unanswered or lack clarity, the offboarding process can become unnecessarily lengthy and contentious, which in turn can lead to increased legal costs for both parties. When employee counsel doesn’t have access to the employee handbook or the full set of termination terms, how can discussion and negotiations proceed efficiently? Without a shared understanding of the rules, post-termination discussions inevitably drag on…
Continue Reading Post-Termination Clarity: How Proactive Employment Agreements Prevent Offboarding Pitfalls

Cell phones are a quintessential tool in modern society, including within the realm of employment. Many employers utilize various data networks that allow employees to access and store the employer’s data on their own personal cell phones or other personal devices under Bring Your Own Device (BYOD) practices. Allowing employee access to employer data from their personal devices can help businesses achieve objectives of increasing employees’ productivity and retaining employees who value remote-work options. But beware, BYOD practices can…
Continue Reading BYOD to Court? Is Your Bring Your Own Device (BYOD) Practice a Liability?

As a business owner, it’s essential to protect your business from liability. Whether you own a gym, resort, recreational facility, daycare, dance studio, rent boats, kayaks, bikes, other outdoor activity equipment, or offer event space for weddings and other parties, there are many circumstances when you may want to use a liability waiver. Many insurance carriers require customer experience type businesses to utilize waivers. Some public libraries even require them for their Makerspace activities.

But liability waivers present a…
Continue Reading Does My Wisconsin Business Need a Liability Waiver?

Imagine you are having lunch with a former employee. They have moved on to a new job with your company’s direct competitor. During the conversation, they casually say, “Hey, what if we exchanged contact information and lists of our (presumably) high-value clients?”  What do you do? Hopefully, you decline your former colleague’s request. In Wisconsin, when it comes to customer information—names, contact details, preferences, purchase history—that is not yours to share.
So What’s the Big Deal?
Customer information is…
Continue Reading Keeping It Confidential: Why Protecting Client Info Matters in Wisconsin Workplaces

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Weight is not a protected characteristic in most civil rights laws, meaning that discrimination in the workplace based on weight is largely permitted. However, there is some momentum to include weight as a protected category in civil rights laws, given the growing body of research on the impact of weight bias. Employees who have high body weight may experience the workplace very differently than their thinner counterparts. As employers, it is important to understand weight bias and your responsibilities…
Continue Reading An Area to Watch: Legislation Regarding Weight Discrimination in the Workplace

For individuals who are unmarried or contemplating a second or third marriage, understanding how a prenuptial agreement can protect assets brought into the relationship is essential. Wisconsin is a marital property state. In Wisconsin, all assets (real estate, bank accounts, income, etc.) acquired by either spouse during the marriage carry with them a presumption that they are marital property. Consequently, these assets are considered equally owned by both spouses. Marital property or marital assets are owned equally by the…
Continue Reading Understanding the Impact of Long-Term Marriage on Prenuptial Agreements: Key Considerations for Asset Division

As the social stigma associated with mental health lessens each year, the rates of formal mental health diagnoses continue to rise. With a formal diagnosis, it becomes easier for a person to navigate a treatment plan and determine appropriate mental health services. The current cultural landscape shows that public awareness and advocacy for mental health will only continue to grow. Employers should consider taking a proactive approach to update their policies, practices, and accommodations to support employees’ mental health …
Continue Reading Reasonable Accommodation for Workers with Mental Health-Related Disabilities

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Limited liability companies, or LLCs, are comprised of owners identified as “Members” under the LLC’s organizational document, which in Wisconsin is called an Operating Agreement.  A Member’s ownership interest is typically denominated in units and expressed as a percentage of overall units called “Membership Interests.”  The number of units issued is typically tied to the Member’s capital contributions to the LLC.  When a Member is considering a sale or transfer of the Member’s Membership Interests in the LLC, proper…
Continue Reading Five Considerations When Selling Your Limited Liability Company Membership Interests  

Employers who offer employee benefits in the form of qualified retirement plans should anticipate receiving a domestic relations order at some point. Upon receipt of a domestic relations order, whether in draft form or signed and certified by a court, there are certain regulatory requirements that a plan’s fiduciaries must follow. These requirements are imposed to ensure that:

  • The plan remains compliant with and protected under all relevant regulations;
  • Appropriate parties in the matter are afforded the property and

    • …
    Continue Reading Employer Considerations for Domestic Relations Orders (DROs)

    Today’s digital landscape is different, and it’s going to keep changing. Cybersecurity is no longer just an IT issue. With the rising frequency and sophistication of cyberattacks, businesses face not only operational disruptions but also significant legal liabilities. Simultaneously, individuals are becoming more aware of their rights when their personal data is compromised. This article gives you a short summary of what businesses must do to mitigate legal risks and what rights consumers have when data breaches occur.
    Continue Reading Cybersecurity and Legal Liability: What Businesses Must Do to Protect Themselves, and Your Rights When Your Data is Mishandled

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    More than three years after the case was originally filed in Dane County Circuit Court, the Wisconsin Supreme Court, in a 4-3 decision, held that Wis. Stat. § 940.04(1) does not prohibit abortion in Wisconsin. The statute, the majority held, had been impliedly repealed by subsequent legislation that permitted, but regulated, abortion in certain circumstances. The majority decision in Kaul v. Urmanski, authored by Justice Dallet, held that the statutes enacted subsequent to Wis. Stat. § 940.04(1) could not…
    Continue Reading Wisconsin Supreme Court Rules Legislature Effectively Repealed Abortion Ban with Subsequent Legislation

    The beginning of summer often aligns with the beginning of the growing season for many Midwest farmers. With the rising temperatures, fruits and vegetables aren’t the only things growing this summer. The risk of heat stroke, heat exhaustion, and other heat-related injuries are a major risk for employees. So how do employers ensure that their workers stay safe during long days in the sun? State and federal agencies have developed recommendations and policies to answer this question.
    Occupational Safety…
    Continue Reading As Summer Heats Up, What Responsibility Do Employers Have to Cool Down Their Employees?