Posted on March 15, 2024 in Drug Crimes
Offenses related to controlled substances are serious crimes in Wisconsin. The state has taken a stringent stance against the production and distribution of illegal drugs, and people who are charged with drug manufacturing may face serious penalties if they are convicted. If you have been charged with any offense related to manufacturing, producing, or distributing drugs or possessing drugs with the intent to manufacture or distribute them, you will need to
Continue Reading When Can a Person Be Charged With Drug Manufacturing in Wisconsin?

March 15, 2024 – Gov. Tony Evers today announced the appointment of State Bar of Wisconsin President-elect Jane Bucher to serve on the Green County Circuit Court (Branch 2), which leaves a vacancy in the president-elect post.

Bucher, a partner at Russell Law Offices S.C. in Monroe, was elected State Bar president-elect in 2023 and was set to become president on July 1, 2024. However, under Wisconsin Supreme Court rules, judges cannot serve as State Bar Officers or members
Continue Reading President-elect Jane Bucher Appointed Judge, Leaving a State Bar Officer Vacancy

On March 11, 2024, President Biden released the Budget of the U.S. Government for Fiscal Year 2025. Although this proposed budget is only a proposal and unlikely to pass either the House or the Senate as currently drafted, it does provide insight into the Biden Administration’s priorities and contains a number of important labor and employment components.

First, the proposed budget contains a 2.3% increase to the Department of Labor’s discretionary budget and a 7% increase to the National
Continue Reading Employment LawScene Alert: Biden Proposed Budget Has Labor and Employment Signals

March 14, 2024 – Any injuries that resulted from a company’s majority shareholder creating an employee stock plan and a nonprofit foundation to handle marketing fell on the company and not minority shareholders, the Wisconsin Court of Appeals (District IV) has ruled.As a result, in an unpublished per curiam opinion in Eichoff v. New Glarus Brewing Company, 2022AP1958 (Feb. 22, 2024), the Court of Appeals upheld the dismissal of the minority shareholders’ lawsuit.In 1993, Deborah Carey incorporated New
Continue Reading Dismissal of Minority Shareholder Suit Over Brewery Was Proper

March 14, 2024 – Dismissal of a petition for judicial review is warranted where a party failed to physically place the petition in the hands of an agency employee authorized to accept service before the filing deadline ran, the Wisconsin Court of Appeals (District IV) has held in Laughing Cow, LP v. Wisconsin Department of Revenue, 2023AP583 (Feb. 29, 2024).In August 2022, Laughing Cow, LP (Laughing Cow) appealed tax assessments, made by the state Department of Revenue (the
Continue Reading Proper Service Required Petition to be Placed in Hands of Authorized Official

Child support is generally ordered pursuant to the guidelines provided for in the governing statutes. Courts may deviate from these guidelines if it finds that the guidelines amount would be unfair. The court makes the fairness determination after evaluating the fifteen fairness factors. It is important for litigants to be prepared ahead of any request for deviation because the burden is on the requesting party to show that deviation is appropriate. Litigants often believe that child support is
Continue Reading Child Support: Deviating from Guidelines?

In Wisconsin, your child has the right to deny you placement or visitation with your grandchild absent a court order requiring visitation or placement. You, as the grandparent, have the right to petition the state courts for relief. When determining whether placement or visitation is appropriate, a court will look at whether the grandparent will act in accordance with the parent’s wishes and if placement or visitation is in the best interests of the grandchild. Grandparents have a
Continue Reading Grandparent Rights: My Child and I Had a Falling Out and They Have Prevented Me from Contacting My Grandchild

It’s spring, and the legislative session is in full swing in Wisconsin – the perfect time to reflect on some atypical aspects of the Wisconsin health law environment. In no particular order, here are our top picks.

There is no automatic surrogate decision maker for a patient who becomes incapacitated.

This is Amy’s top pick because, in her experience, Wisconsin’s lack of a surrogate decision-maker law adds more stress than patient protection to many end-of-life situations.

Much to the
Continue Reading Four Atypical Aspects of Wisconsin’s Health Law Environment

On March 8, 2024, Judge J. Campell Barker, a federal district court judge in Texas, issued a decision striking down the National Labor Relations Board’s controversial joint employer rule, just three days before it was set to go into effect. The United States Chamber of Commerce, a coalition of business groups, filed the lawsuit shortly after the Board released the rule in October 2023. The joint employment concept refers to situations in which two or more legal entities share
Continue Reading National Labor Relations Board’s Joint Employment Rule Struck Down

I truly thought my hiatus from Corporate Transparency Act blog posts was going to run longer than this. However, recent events compelled the original three-part series (see those original parts here, here, and here) to grow into four parts.

So, what’s all the hubbub?

On March 1, 2024, the U.S. District Court for the Northern District of Alabama granted an injunction sought by the National Small Business Association [NSBA] to prevent the Financial Crimes Enforcement Network
Continue Reading The Corporate Transparency Act is Here. Now It’s in Court?

During the divorce process, it can be difficult to unravel the financial issues that affect spouses and gain a full understanding of the income they earn and the value of the assets they share. Financial disputes can often become a contentious part of divorce proceedings, and in these situations, enlisting the help of a forensic accountant can ensure that these issues will be addressed correctly. The assistance of a financial expert can help ensure that there will be a
Continue Reading How Can a Forensic Accountant Address Financial Issues in a Wisconsin Divorce?

My latest column, “The Story of Stuff,” is out in the latest Wisconsin Lawyer magazine. It’s a little less snarky than usual, but I still got to reference George Carlin, mainframe punch cards, and the entropy-in-action that is my desk. (My own office rarely gets to the level of the free stock photo illustrating this blog entry, and we can be thankful for small favors.)
Continue Reading You Can Fold, Spindle, or Mutilate Your Old Stuff All You Want

Are severance agreements dead? The value of those agreements for employers will be significantly less if employees are free to disparage employers after being paid.

Update to Employee Severance Agreements by The National Labor Relations Board (NLRB)
In recent years, the landscape of employee severance agreements has undergone significant scrutiny and adjustment, particularly with regards to confidentiality and non-disparagement provisions. The National Labor Relations Board (NLRB) has played a pivotal role in shaping these changes, emphasizing the protection of
Continue Reading Updates to Severance Agreements by the NLRB

“Little by little, but all the time, we are gaining essential rights.”
Woman’s Journal, March 1877

March 8 is Women’s History Day. By happy coincidence, March 8 is also the anniversary of the day that Wisconsin’s governor signed into law legislation drafted by Lavinia Goodell allowing women to practice law in the state.

After Lavinia’s petition to be allowed to practice before the Wisconsin Supreme Court was denied in early 1876 (read more about that here), Lavinia drafted
Continue Reading ‘Little by little, but all the time, we are gaining essential rights.’

March 7, 2024 – An injured worker who sues under the Federal Employers’ Liability Act need not show that the specific chain of events that led to his or her injury was reasonably foreseeable, the Wisconsin Court of Appeals ruled in Besiada v. Wisconsin Central, Ltd., 2023AP562 (Feb. 21, 2024).Wisconsin Central Ltd., (Wisconsin Central) a rail carrier, employed Bruce Besiada at its yard in Stevens Point.Besiada was required to inspect incoming railcars for defects, including bent handholds. The handholds
Continue Reading Different Standard of Foreseeability under Federal Employer’s Liability Act

March 7, 2024 – A proposed judgment that included the word “contempt” in its title was not a motion for contempt when it was filed to enforce the terms of an injunction, the Wisconsin Court of Appeals (District III) has held in an unpublished per curiam opinion in Pine Ridge Wausau, LLC v. Krist Oil Co., 2022AP1793 (Feb. 21, 2024).Pine Ridge Wausau, LLC (Pine Ridge) operates a convenience store in Wausau. Krist Oil Co., (Krist), operates a convenience
Continue Reading Motion that Mentioned ‘Contempt’ Was Not Motion for Contempt