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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One of the most common issues that arises in estate and succession planning has little to do with taxes, documents, or legal mechanics. It’s family dynamics. 
Parents often come into the process with the goal of being fair. But fairness is rarely as simple as dividing everything equally. When clients ask whether I think their plan is fair, I’m candid: my personal view doesn’t matter. What I can offer is perspective into how other families in similar situations typically approach these decisions, and what tends to be considered “status quo.” That judgment, grounded
Continue Reading Fairness Is Personal: Estate Planning Lessons for Families with Unequal Assets

When families blend through second marriages, later-in-life relationships, or remarriage after divorce, estate planning becomes more complex, and more important. This is especially true when one or both spouses have children from prior relationships.

A recent Wisconsin Court of Appeals decision, Sterling L. North v. Estate of William James North II, 2024AP1908 (Wis. Ct. App. Dec. 30, 2025) shows how a lack of planning can result in an unintended division of property between the spouses’ children, particularly when
Continue Reading Wisconsin’s 120-Hour Rule, Survivorship Marital Property, and Blended Families

Aside from initial treatment, does workers’ compensation cover nonexempt employees’ time off to attend follow-up appointments related to their injury?
Short answer: Missed work time may qualify for temporary disability or partial wage‑replacement benefits when the appointment is injury‑related and cannot reasonably be scheduled outside working hours.         
By way of brief background, workers’ compensation is a no-fault insurance benefit that provides two core benefits for employees injured on the job: (1) medical care reasonably necessary to treat the injury;
Continue Reading Workers’ Comp Pay for Follow-Up Appointments: Employer Guide

When an employer transitions to a seasonal operation, questions often arise regarding the applicability of the Worker Adjustment and Retraining Notification Act (WARN Act) and whether such a change triggers the Act’s notice requirements. Understanding the WARN Act, including how it applies specifically to seasonal employment, is essential for employers to ensure compliance and safeguard employees’ rights.
What is the WARN Act?
The WARN Act requires certain employers to provide at least 60 calendar days’ advance written notice of
Continue Reading WARN Act Notice Requirements for Seasonal Employers

Social media can directly impact the outcome of your divorce. What you share online — posts, photos, comments, or even what others tag you in — may be used as evidence in court. Understanding how your digital footprint affects legal decisions can help you protect yourself, your assets, and your family.
How may Courts use Social Media Posts?
Courts and attorneys regularly review social media to assess honesty, financial habits, and parenting skills. A single post can support or
Continue Reading Social Media and its Influence on Divorce Proceedings

One of the most difficult parts of owning a business is finding great employees. Successful business owners know they cannot be everywhere at once and therefore must rely on their key employees. Sometimes retaining these key employees becomes vital not only for day-to-day operations, but the future success of the business.

This drives many Wisconsin business owners to ask: Should I let my key employees buy into my business? This is a loaded question. Not only do business owners
Continue Reading Should I Offer Ownership to My Key Employees?

As businesses grow, owners may increasingly rely on key employees and Human Resources (HR) professionals to manage functions the owner does not directly oversee. Key employees and HR professionals are typically those employees who have access to important confidential business information. These individuals often gain access to confidential operational details, employee information, and other sensitive data. A common question that arises: When should employers use non-disclosure agreements (NDAs)?

While NDAs are not required in every situation, they are one
Continue Reading Nondisclosure Agreements (NDAs): A Practical Guide on How and When NDAs Should be Utilized

Under the Wisconsin Worker’s Compensation Act, employees can file unreasonable refusal to rehire claims against employers when the employer, without reasonable cause, refuses to rehire an employee who is injured in the course of employment when suitable employment is available within the employee’s physical and mental limitations. In its recent opinion in Bruce Belland Trucking, Inc., v. LIRC, the Wisconsin Court of Appeals discussed the ongoing nature of an employer’s obligation to rehire an injured worker and provided instruction
Continue Reading A New Framework in Wisconsin for Analyzing an Employer’s Unreasonable Refusal to Rehire an Injured Worker

A significant element in proving an age discrimination claim in Wisconsin is that the claimant is 40 years old or older. With Wisconsin’s median age hovering right above 40, employers should be mindful of the rights of workers aged 40 and older to avoid exposing themselves to potential litigation.
Establishing an Age Discrimination Claim
The Wisconsin Fair Employment Act (WFEA) enumerates a wide variety of protected classes, one being a safeguard from age discrimination. The federal Age Discrimination in
Continue Reading Age Discrimination Claims in the Workplace: Key Considerations for Employers

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?

From pay transparency to remote work, employees are increasingly vocal about working conditions, both in the office and online. The National Labor Relations Act (NLRA) protects employees, union and non-union alike, when they engage in concerted activity to address terms and conditions of employment. Employers cannot discharge, discipline, or threaten employees for engaging in protected concerted activity. Given the rise of employee activism in the workplace, it is imperative for you to understand when you can and cannot lawfully
Continue Reading Protected Concerted Activity: Navigating the Rise of Employee Activism

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

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?

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?