von Briesen & Roper, S.C.

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Latest from von Briesen & Roper, S.C.

On September 13, 2021, the House Ways and Means committee released its proposals to raise revenue, including increases to individual, trust and corporate income taxes, changes to retirement plan contributions and distributions, and changes to the estate and gift tax laws. We will continue to monitor this legislation and will provide relevant updates, but wanted to highlight the proposed estate and gift tax changes that may be most crucial to your immediate planning.
Good news first: There is no
Continue Reading Disappearing Act: What You Need to Know About the Estate and Gift Tax Provisions of the House Ways and Means Committee Tax Proposals

Secura Supreme Insurance Company v. The Estate of Daniel Keith Huck, 2020AP1078-FT (Ct. App. Sept. 29, 2021)
In Secura, the decedent Huck was killed by a motorist while working in the course and scope of his employment for the Village of Mt. Pleasant. After receiving the tortfeasor’s liability limits of $25,000 and worker’s compensation from the Village’s insurer, the Estate submitted a claim for underinsured motorist’s (“UIM”) coverage under Huck’s automobile insurance policy with Secura, which had limits of
Continue Reading Court of Appeals Rules UIM Limits Are Reduced Only by Worker’s Compensation Actually Received

von Briesen & Roper, s.c., today announced that four lawyers recently joined the firm: Brandon J. Conway, Jordyn A. Janikowski, Christina M. Lucchesi and Audrey R. Merkel.
Brandon J. Conway is an Associate in the Milwaukee office. Conway focuses his practice on commercial litigation, shareholder disputes and toxic torts. Conway received a J.D. from the University of Wisconsin and a B.A. from St. Louis University. He resides in Milwaukee.
Jordyn A. Janikowski is an Associate in the Milwaukee office.
Continue Reading von Briesen & Roper, s.c. Welcomes Four Attorneys

On September 9, 2021, President Biden issued his “Path Out of the Pandemic” COVID Action Plan (the “Plan”), which, among other mandates, calls upon the Occupational Safety and Health Administration (“OSHA”) to create and issue Emergency Temporary Standards requiring employers with 100 or more employees to require either COVID vaccinations or weekly COVID testing for unvaccinated workers, as well as to provide paid time off for employee vaccinations or to recover from receiving the vaccination.
The Plan also requires
Continue Reading President Biden COVID-19 Action Plan Calls for Vaccine Mandates and Other COVID-19 Safety Measures

The new school year is upon us and once again the COVID-19 pandemic is front and center. von Briesen’s School Law Section put together thirty common questions and answers for Wisconsin K-12 Administrators at the request of WASBO.

Read the full article on WASBO’s website: Are We All Ready to Open the School House Doors? Thirty Common Q&As for Wisconsin K-12 Administrators. The information contained in the Q&As should be used as a guide, districts should engage with
Continue Reading Are We All Ready to Open the School House Doors?

von Briesen & Roper, s.c. is proud to announce that 71 of its attorneys were included in the 28th Edition of The Best Lawyers in America©.  Two attorneys are designated as “Lawyer of the Year” and six attorneys are listed as Best Lawyers: Ones to Watch, a category for attorneys in practice between 5-9 years.
“Lawyer of the Year” Awards:
Milwaukee, WI

Madison, WI

Best Lawyers: Ones To Watch:
Chicago, IL

Milwaukee, WI

Neenah, WI

Best Lawyers®:
Chicago, IL
Continue Reading von Briesen & Roper, s.c. Attorneys Listed in The Best Lawyers in America© 2022

Olaf Soot Design, LLC v. Daktronics, Inc., 839 F. App’x 505, 508 (Fed. Cir. 2021)
Key Takeaways:

  • District Courts must resolve claim construction disputes
  • When claim language makes clear that two components are separate components, one element cannot be treated as part of the other.

In Olaf, the district court failed to resolve the parties’ dispute as to claim construction and allowed the dispute to be tried to the jury. The Federal Circuit made quick work of this issue,
Continue Reading Patent Case Law Updates – August 2021

Chinese patent protection has become a very important component of a worldwide intellectual property portfolio. Considering China only began granting patent rights in 1984, while the United States has been doing so since 1790, this has been an absolute sea change in business planning for many global companies over the past few decades. In the last year alone, a total of 1.49 million patent applications were filed with the National Intellectual Property Administration, PRC (the Chinese Patent & Trademark
Continue Reading How to Expedite Prosecution Before the Chinese Patent Office

Obtaining a United States patent conveys the benefit of a monopoly against others exploiting the patented invention for a limited time: 20 years from the earliest filing date. However, the process for obtaining the patent is time consuming, which can delay issuance of the patent and thereby reduce the amount of time that the patent is enforceable. The process is also expensive in terms of filing fees and attorney fees. Examiner interviews during prosecution provide the opportunity to advance
Continue Reading Examiner Interviews: Improving Patent Quality While Compressing Prosecution and Reducing Cost

As employers nationwide have begun to implement mandatory COVID-19 vaccine requirements in the workplace, legal questions have been presented as to whether these vaccine requirements are legally permissible under various laws. While the EEOC has issued guidance that generally permits mandatory vaccine requirements in the workplace so long as reasonable accommodations are offered for those with disabilities or sincerely held religious beliefs, questions still remained as to whether mandatory workplace vaccine requirements were permissible under other laws, such as
Continue Reading U.S. Department of Justice Gives Go-Ahead to Mandatory COVID-19 Vaccines in the Workplace

As our Firm noted in yesterday’s Legal Update, the CDC put out updated guidance regarding the use of masks due to the impact of the delta variant. As noted, the updated CDC guidance recommends that masks be worn at schools. Please recognize that such information from the CDC is only “guidance” and it is not a requirement or mandate. More specifically, the CDC guidance notes:

CDC recommends universal indoor masking for all teachers, staff, students, and visitors to schools,
Continue Reading Despite CDC Guidance, Masking Remains a Local School Board Decision

The Centers for Disease Control (CDC) announced on July 27, 2021 that it will adjust its advice to recommend that vaccinated people in substantial or high transmission areas of COVID-19 (defined below) wear masks in indoor public spaces. This guidance will substantially alter the CDC’s May 13 guidance that largely exempted fully vaccinated individuals from the indoor mask requirement. There has been no change in the outdoor masking recommendations at this time. In changing its masking recommendations, the CDC
Continue Reading CDC Changes Masking Guidance for Fully Vaccinated Individuals

It’s a new day in college athletics as sweeping changes in law and the NCAA policy on an athlete’s ability to receive compensation for their name, image and likeness (NIL) take effect across the nation. Universities are working quickly to draft and communicate their policies and athletes are chomping at the bit to take advantage of the new opportunities afforded to them under these changes. But, with excitement and new opportunities comes the risk of missteps, especially as all
Continue Reading Building Your Bench – Professional Advisors Become An Essential Part of Navigating New NIL Landscape for College Athletes

On May 18, 2021, the Internal Revenue Service (“IRS”) issued Notice 2021-31 (the “Notice”), which answers many questions about the temporary 100% COBRA premium assistance established under the American Rescue Plan Act of 2021 (“ARPA”). Under the ARPA, employers and insurers are required to offer free COBRA coverage between April 1, 2021 and September 30, 2021 to any individual who lost coverage due to an employee’s involuntary termination of employment or reduction in work hours and who would be
Continue Reading IRS Issues ARPA COBRA Premium Assistance Guidance

Kemper Independence Insurance Company v. Ismet Islami, 2021 WI 53 (June 8, 2021).

Earlier this month, in Kemper Independence Ins. Co v. Islami, 2021 WI 53, the Wisconsin Supreme Court affirmed the decision of the lower court, finding that the homeowner was not entitled to coverage for the loss of her home to arson.

Though legally separated, Ydbi and Ismet Islami remained living in the same household. The fire, which occurred in June of 2013 while Ismet was out
Continue Reading Supreme Court of Wisconsin Rules Regarding Coverage Denial for a Home Insurance Policy

In a decision that appears to have provided the beginnings of a roadmap to the future of student athlete compensation, the Supreme Court issued a unanimous 9-0 ruling in favor of the players in NCAA v. Alston. Following the ruling, the NCAA may no longer restrict schools from offering education-related compensation and benefits, which include cash awards for academic achievement, graduate degree and vocational school scholarships, computers, and laptops. While the Court only considered the narrow issue of restricting
Continue Reading NCAA v. Alston: A ‘Buzzer-Beater’ Victory for College Athletes