von Briesen & Roper, S.C.

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von Briesen & Roper, s.c., announced today that attorney, Julie E. Piper-Kitchin has joined the firm’s Madison office.
Piper-Kitchin is a member of von Briesen’s Litigation & Risk Management Practice Group. She has over 15 years of litigation experience and manages all aspects of trial preparation and defense strategy for clients in both state and federal court. Her practice focuses on civil litigation, product liability, insurance defense, insurance coverage, personal injury and professional liability. Piper-Kitchin is a member of
Continue Reading von Briesen Welcomes Julie Piper-Kitchin

Due to the rising costs of education, many Americans are looking for ways to fund the educational expenses of their children and grandchildren.

In 2023, Congress overhauled the Free Application for Federal Student Aid (“FAFSA”) and the Department of Education’s process for awarding federal student aid, which has taken effect for the 2024–25 award year. These changes included a simplified form, removal of the sibling discount, introduction of a new eligibility formula, modified family and aid considerations, and expanded
Continue Reading How Can You Help Pay for Your Student’s Education?

von Briesen & Roper, s.c., announced continued growth with the addition of Reid J. Hazelton and Kristen N. Nelson in their Milwaukee office.
Reid J. Hazelton is an Associate in the Business Practice Group. Hazelton focuses his practice on mergers and acquisitions, business and corporate issues and Corporate Transparency Act compliance. Prior to his legal career, Hazelton worked in the aerospace and automotive industries and co-founded a branded luxury goods manufacturing company. He is a member of the State
Continue Reading von Briesen Welcomes Reid Hazelton and Kristen Nelson

McLaughlin v. Gaslight Pointe Condominium Association, LTD
No. 2023AP1011 (Wis. Ct. App. Apr. 17, 2024)

In McLaughlin v. Gaslight Pointe Condominium Association, LTD, the Wisconsin Court of Appeals contributed to Wisconsin’s ever-growing body of caselaw examining when an insured’s intentional conduct may constitute an “occurrence” within the meaning of a CGL policy. No. 2023AP1011 (Wis. Ct. App. Apr. 17, 2024) (recommended for publication). The court also examined several exclusions commonly found in CGL policies. In brief, the facts of
Continue Reading The Wisconsin Court of Appeals’ Provides Further Guidance on the Intersection Between Volitional Acts and Occurrences

On Tuesday, April 23, 2024, the Federal Trade Commission (the “FTC”) issued its long-awaited Non-Compete Clause Rule (the “final rule”). The final rule prohibits non-compete clauses as an unfair method of restraining competition under the Federal Trade Commission Act (“FTC Act”). The broad scope of the final rule extends to all workers, whether paid or unpaid, including, employees, independent contractors, interns, externs, volunteers, and apprentices.

The final rule follows the FTC’s proposed rule from January 2023 and ongoing conversations
Continue Reading FTC Issues Final Rule Banning Non-Competes

The Department of Labor (DOL) has released its final overtime rule, which increases the annual salary level required for executive, administration and professional employees to be exempt from overtime pay under the Fair Labor Standards Act (FLSA). Beginning July 1, 2024, the minimum annual salary level for these overtime exemptions increases to $43,888. Additional minimum salary increases will take effect on January 1, 2025, and updates will be made every three years going forward.
The increase is expected to
Continue Reading DOL Releases Final Overtime Rule, Making Millions More Workers Eligible for Overtime

In Muldrow v. City of St. Louis, Missouri (Docket No. 22-193), the U.S. Supreme Court was asked to decide whether a unilateral job transfer could be challenged as discrimination under Title VII, where the position had the same pay and title but changed the employee’s schedule, overtime opportunities, and other conditions of employment. In a unanimous decision, the Court held that an employee challenging a job transfer under Title VII must show that the transfer brought about some harm
Continue Reading U.S. Supreme Court Holds That A Unilateral Job Transfer Maintaining the Same Pay and Benefits Could Be Discrimination Under Title VII

Robert Bolger v. Massachusetts Bay Insurance Company, 2022AP742

In Bolger, Massachusetts Bay Insurance Company (MBIC) issued a homeowner’s insurance policy to Bret and Amy Achtenhagen that covered their primary home and further provided personal liability and medical payments to others coverage. The policy contained an exclusion for bodily injury “arising out of the ownership, maintenance, use, loading or unloading of …motorized land conveyances …owned or operated by …an ‘insured,’” subject to an exception for “[a] vehicle or conveyance not
Continue Reading Policy Exceptions – A Tale of Two Interpretations

von Briesen & Roper, s.c., announced continued growth at their Milwaukee office with the addition of Steven R. Beckham and Alexandra N. Don. Steven R. Beckham is an Associate in the Litigation & Risk Management Practice Group. Beckham focuses his practice on commercial and business litigation, insurance coverage and liability defense. He is a member of the State Bar of Wisconsin and the Milwaukee Bar Association. Beckham received a J.D. from the University of Wisconsin and a B.A.
Continue Reading von Briesen Welcomes Ali Don and Steve Beckham

As of February 13, 2024, the American Society for Testing and Materials (ASTM) E1527–21 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” is now required when Phase I Environmental Site Assessments (ESAs) are conducted by environmental consultants to qualify for the innocent landowner defense, or the bona fide prospective purchaser or contiguous property owner liability protections, under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (see: 42 U.S.C. 9601 et seq.).

The goal of
Continue Reading Use of the ASTM E1527-21 Phase I Environmental Site Assessment Standard Practice is Now Required to Meet CERCLA Liability Protections

In December 2022, Congress enacted the SECURE 2.0 Act as part of its efforts to encourage Americans to focus on savings, both for retirement and for emergencies. Two of the provisions of SECURE 2.0 – related to automatic portability programs that facilitate transfers between employers and for pension-linked emergency savings accounts (“PLESAs”) – are now the subject of Department of Labor guidance. This guidance provides employers some key insights into how these optional provisions will work in practice, and
Continue Reading DOL Issues SECURE 2.0 Guidance on PLESAs and Automatic Portability

von Briesen & Roper, s.c., today announced that attorney, Jeff Van Winkle, joined the firm’s Chicago office location at 320 South Canal Street. Van Winkle is a Shareholder in the Business Practice Group. Van Winkle has more than three decades of experience representing businesses, investors and entrepreneurs in all phases of their businesses with extensive experience in mergers and acquisitions, international transactions, financing and securities. Van Winkle was recognized by The Best Lawyers in America® for Corporate Law
Continue Reading von Briesen Welcomes Jeff Van Winkle and Congratulates 2024 Illinois Super Lawyers® Rising Stars

Health care compliance programs must be dynamic in order to enhance the effectiveness of the program. Being dynamic requires the compliance professional to be on top of recent government pronouncements and enforcement trends so that they can adjust and fine-tune their programs to incorporate and address developments and trends that impact their organization. This update focuses on key guidance from 2023 from the Department of Health and Human Services (“HHS”), HHS’s Office of the Inspector General (“OIG”), as well
Continue Reading What Compliance Officers Need to Know From 2023’s Compliance Trends

von Briesen & Roper, s.c. is proud to announce its 120th anniversary in 2024. Founded by Ernst von Briesen, a 1903 graduate of Harvard Law School, the law firm opened its doors in Milwaukee in January 1904, displaying a sign that read “Advocate”. Today, von Briesen & Roper has over 180 professionals serving clients in seven offices throughout Wisconsin and in Chicago. While the firm’s formative years focused on wills, probate, banking and finance, von Briesen continually has evolved
Continue Reading von Briesen Celebrates 120th Anniversary

The Corporate Transparency Act (the “CTA”) is a federal law with a filing requirement for almost every corporation, limited liability company, and limited partnership. The CTA requires that a Beneficial Ownership Information Report (the “Initial Report”) be filed by the Reporting Company with FinCEN, the Financial Crimes Enforcement Network, a bureau of the U.S. Treasury. Failure to comply with the CTA’s reporting requirements can result in significant civil and criminal penalties.

The due date for the Initial Report for
Continue Reading What You Need To Know About The Corporate Transparency Act

On December 19, 2023, the Appellate Court of Illinois, First District, held that the “violation-of-law” exclusion1 found in a general liability policy precluded insurance coverage for a BIPA action brought against an insured. See National Fire Insurance Company of Hartford v. Visual Pak Company, Inc., 2023 IL App (1st) 221160 (Ill. App. Ct. 2023). The Illinois court’s decision squarely conflicts with Citizens Insurance Company of America v. Wynndalco Enterprises, LLC, 70 F.4th 987 (7th Cir. 2023), a Seventh Circuit
Continue Reading Appellate Court of Illinois and Seventh Circuit Issue Conflicting Decisions Regarding Applicability of ‘Violation-of-Law Exclusion’ in BIPA Actions