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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An employee handbook is one of the most important documents an employer can maintain. It serves as a guide for employees, establishes workplace expectations, and helps ensure consistent application of company policies. A handbook also gives supervisors and managers a common reference point when questions arise regarding discipline, leave, benefits, workplace conduct, remote work, technology use, confidentiality, or other employment-related issues. When handbook provisions are unclear, vague, outdated, or subject to multiple interpretations, misunderstandings and disputes can arise that
Continue Reading Employment Handbook Provisions 101

A non-compete agreement is one of the most significant employment-related documents an employer may ask an employee to sign. It can help protect customer relationships, confidential information, trade secrets, goodwill, and other legitimate business interests when an employee leaves the company. At the same time, a non-compete can restrict an employee’s ability to earn a living. For that reason, Wisconsin courts scrutinize these agreements carefully and will not enforce restrictions that go further than Wisconsin law permits.
Wisconsin is
Continue Reading Non-Compete Agreements Under Wisconsin Law 101

When many people hear the term “estate planning,” they picture sprawling estates, family trusts worth millions of dollars, and complicated tax strategies. As a result, they assume estate planning is something they can put off or may never need at all.

The reality is much simpler: estate planning is for everyone.

Whether you are a recent college graduate, a young parent, a retiree, a business owner, or somewhere in between, estate planning is about protecting yourself, your loved ones,
Continue Reading Estate Planning Is Not Just for the Wealthy: Why Every Adult Needs a Plan

Running a business in Wisconsin is no small feat. Between managing employees, serving customers, monitoring cash flow, and planning for growth, it is easy to let the “formal” requirements of operating through a separate legal entity slip down the priority list. Yet corporate housekeeping is more than paperwork. It helps preserve the distinction between the business and its owners, supports sound decision-making, and makes the company easier to finance, insure, sell, or transition.

The practical rule: operate the business
Continue Reading Staying on Track: Why Wisconsin Businesses Should Prioritize Corporate Housekeeping

The significant appreciation in equity markets has left many investors holding assets with substantial built-in gains. In many cases, tax basis is very low relative to current value. This creates a central tension in estate and tax planning, specifically, whether to recognize capital gains during life or preserve assets for a potential step-up in basis at death.

For many estate plans, the default instinct is to hold appreciated assets until death to secure a basis step-up. That instinct is
Continue Reading Gifting Appreciated Securities vs. Waiting for a Step-up in Basis

On June 25, 2026, the United States Supreme Court issued its decision in Mullin v. Doe, 609 U.S. ___ (2026), in which the Court allowed the Trump Administration to proceed with the termination of Temporary Protected Status (“TPS”) designations for Haiti and Syria. Under the TPS statute, which was enacted in 1990, the Secretary of Homeland Security may designate a country for TPS if there is an ongoing armed conflict in the country, if there has been a natural
Continue Reading What Employers Should Know About Recent TPS Changes

Calculating accurate wages and hours for employees remains a persistent risk area for Wisconsin employers, particularly those operating in construction and other job site–driven industries. While many employers understand the basic requirement to pay hourly employees for time worked, less obvious issues, such as travel time, pre- and post-shift activities, and overtime calculations, often create significant exposure. Missteps in these areas can quickly lead to costly claims, audits, or class-based litigation.
Overtime: the Baseline Obligation
Under Wisconsin law, most
Continue Reading Wage & Hour Traps on Wisconsin Construction Sites: Travel Time, Prep Time, and Misclassifications of the Workforce

Divorce is rarely an easy or straightforward process. Emotions often run high as families navigate significant changes involving finances, parenting, and the future. While some level of conflict is expected, prolonged and intense disputes can create consequences that extend far beyond the courtroom.

When thinking about the cost of divorce, people often focus on the most obvious and immediate expense: attorney fees. However, the hidden costs of a high-conflict divorce can be far greater, affecting mental and emotional well-being,
Continue Reading High Conflict Divorce – The Costs, Challenges, and Options

Shoulders are the most commonly injured body parts in Wisconsin workers’ compensation claims—even more common than lower-back and hearing-loss claims. Wisconsin Act 145, which became effective on April 1, 2026, eliminated the statute of limitations for traumatic shoulder injuries that require shoulder replacement or reverse shoulder replacement surgery. This change will have long-lasting effects on Wisconsin’s worker’s compensation landscape.
Wisconsin’s New 2025 Wis. Act 145
Wisconsin Act 145, which became effective on April 1, 2026, added work-related shoulder
Continue Reading Shouldering the Burden: Wisconsin’s New Workers’ Comp Exposure

Summer is in full swing across Wisconsin. Lakefront and riverfront property owners have their piers in, boats are on the water, and families are making the most of the season. It is also the time of year when disputes between neighbors begin to surface, most often over where a pier may be placed, and how each owner is permitted to access the water.

While the basic concept of riparian rights has not changed, recent developments make one thing increasingly
Continue Reading What Are Riparian Rights and Why Are They Important? (2026 Update)

Employers who terminate an employee or mutually agree with an employee to part ways, may elect to, negotiate, or be obligated by an existing employment agreement to enter into a severance agreement with the departing employee. A severance agreement is an arm’s length agreement between an employer and departing employee that serves many purposes and is highly customizable, depending upon various factors (role of employee, employment status, reason for termination, length of employment, whether employer has a severance policy
Continue Reading Severance Agreements: Parting Ways Without Parting Claims

For a brief period in Wisconsin, owning rental housing carried significant legal risk. After the Court of Appeals decision in Koble Investments v. Marquardt, litigation spread across the state. In more than 60 cases, tenants invoked Koble, and class actions followed. What began as a single appellate decision quickly became a statewide liability issue for landlords.

The Wisconsin Supreme Court’s reversal did more than correct an error. It halted a cascade that was already affecting the housing market.
Continue Reading Wisconsin Supreme Court Restores Balance in Landmark Koble Housing Case

Deciding to start a small business is exciting, energizing, and often a little overwhelming. Whether you are turning a side hustle into something more, launching a long‑planned venture, or buying into an existing operation, this step is more than a career move: it is an investment of your time, money, and future. Many new business owners find themselves asking: “Do I really need a lawyer to get started?” While you are the expert on your idea and industry, experienced
Continue Reading I Want to Start a Small Business in Wisconsin — Now What?

In 2025, the FBI received more than 12,000 complaints of real estate fraud, resulting in over $275 million in losses. Wisconsin property owners are not immune, as industry professionals have reported a sharp increase in seller impersonation fraud. The consequences of deed theft are dire and can take months or years to unravel.

While deed theft has existed for decades, advances in technology, remote closings, online public records, and identity theft have made these schemes easier to execute and
Continue Reading Deed Theft in Wisconsin: What Property Owners Need to Know

The registration of all-terrain vehicles (“ATV”) and utility terrain vehicles (“UTV”) in Wisconsin has steadily increased in recent years. A comprehensive study conducted by Daniel Lee Consulting LLC indicated that among Wisconsin residents, nearly 380,000 ATV/UTV registrations were issued in 2023 alone. This figure included only recreational licenses/registrations (not commercial), further illustrating the continued growth in recreational ATV/UTV use. These recreational vehicles are being used more and more on Wisconsin’s trails and roads. Being educated about the law that
Continue Reading ATVs & UTVs in Wisconsin: Considerations for Municipalities

The Wisconsin Court of Appeals recently addressed a question of first impression concerning the scope of a circuit court’s authority when a dispute is subject to mandatory arbitration. In Herbal Aspect LLC v. Gish, the court held that a circuit court retains authority to consider and grant a temporary injunction to preserve the status quo, even after determining that the merits of the dispute must be resolved through arbitration.

The underlying dispute arose out of competing claims over ownership
Continue Reading Wisconsin Court of Appeals Confirms Courts May Issue Temporary Injunctions Pending Arbitration