Acupuncture is one of the most popular and sought-after types of alternative medicine. And why wouldn’t it be? The potential benefits of acupuncture are incredible — this form of medicine has been in use for thousands of years.
As someone who appreciates this health and wellness practice, you may be interested in expanding your career and offering services as an acupuncturist.
But before you move forward, consider the legal requirements. For example, do you need a license to be
Continue Reading Do You Need a License to Be an Acupuncturist?

 By: Attorney Megan Drury and Paralegal Ali Jaeger
Going through a divorce is one of the most difficult experiences that anyone can endure. There are a variety of issues that will need to be addressed by divorcing spouses, and conflicts can often arise as a couple determines how to handle ownership of their marital property. Dividing assets is rarely easy, but it can become even more complex when one or both spouses own a business. There are several different
Continue Reading What Are the Options for Dividing Business Interests in a Divorce?

Do you need to give up control of your assets with an irrevocable trust? A trust-based estate plan protects you in many ways, but knowing the types of trusts and how to use them to your benefit is the key to protecting your assets long-term. When estate planning, you’re not only planning for what happens to your assets once you die, you’re also considering what the best options are your future while you’re still here. A trust-based estate plan
Continue Reading When to Consider an Irrevocable Trust

Jan. 20, 2023 – A workers’ compensation settlement agreement that required $400,000 to be paid to a law firm’s trust account created an express trust for the claimant’s medical creditors, the U.S. Court of Appeals for the Seventh Circuit has ruled.In Ryan v. Prpa, No. 22-1536 (Dec. 19, 2022), the Seventh Circuit also held that a provision of state law did not exempt the $400,000 from the bankruptcy estate of the workers’ compensation claimant.Workers’ Compensation Case SettlesAfter filing
Continue Reading Award under Workers’ Compensation Agreement Part of Bankruptcy Estate

​Jan. 20, 2023 – A prosecutor’s withholding of a child abuse report from a defendant did not violate the constitutional rule established by the U.S. Supreme Court in
Brady v. Maryland, because the report contained the same information as a sheriff’s report that was turned over to the defendant, the Wisconsin Supreme Court has unanimously ruled.
​​In
State v. Hineman,2023 WI 1 (Jan. 10, 2023) the supreme court also held that the identity of the person who was
Continue Reading Duplicative Child Abuse Report Not Material Under Brady

“To stifle the longings of an immortal soul to follow any useful calling in this life is a departure from the order of nature.”

Attorney Ada M. Bittenbender, writing about Lavinia Goodell

In 1891, eleven years after Lavinia Goodell’s death, Henry Holt published a book titled Woman’s Work in America.

Edited by Annie Nathan Meyer, founder of Barnard College, New York’s first liberal arts college for women, the book contained chapters on women in various professions. In the
Continue Reading “To stifle the longings of an immortal soul to follow any useful calling in this life is a departure from the order of nature.”

State v. O.F., 2022AP1703, District 1, 01/18/2023 (one-judge decision; ineligible for publication); case activity
Ultimately, the issue addressed by the court of appeals is whether O.F. received ineffective assistance of counsel where trial counsel was alleged to have “violated his duty of confidentiality and loyalty” to his client. O.F.’s claims were based on multiple statements made by his trial counsel that arguably disclosed confidential information to the court and painted O.F. in a bad light. The court rejects
Continue Reading COA affirms TPR order and holds that claimed structural error requires post-disposition motion and Machner hearing

State v. E.B., 2022AP1882, District 1, 01/18/2023 (one-judge decision, ineligible for publication), case activity
This case concerns only the disposition phase of E.B.’s TPR case. She argued that the circuit court erroneously exercised its discretion with regard to the best interest of the child factors set forth in Wis. Stat. § 48.426(3).  Specifically, E.B. argued that the circuit court did not give her own testimony enough weight and gave too much weight to the foster mother’s testimony. However,
Continue Reading COA rejects mother’s claim that circuit court improperly weighed best interest factors at TPR disposition

The use of remote work has increased considerably since the onset of the COVID-19 pandemic. More and more people have been able to work from home, and the ease of online communications has allowed employers to hire people located in other states or even other countries. The growing use of remote work has changed the way many businesses operate, and it has opened up a range of opportunities for both employers and employees. However, it is critical for employers
Continue Reading Employment Law Issues to Be Aware of When Using Remote Workers

State v. Kelly A. Monson, 2022AP1438-CR, District 2, 1/18/23 (one-judge decision; ineligible for publication); case activity (including briefs)

There was reasonable suspicion to detain Monson and have her perform field sobriety tests.

Officer Kramer saw Monson’s car stopped in traffic a full vehicle length back from a stop sign, something “out of the ordinary” that “would indicate to a reasonable police officer that something was amiss.” (¶¶2, 15). Monson was “messing around with something in
Continue Reading Officer Had Reasonable Suspicion to Detain Driver to Perform Field Sobriety Tests

County of Winnebago v. Ryan C. Kaltenbach, 2022AP794, District 2, 1/18/23 (one-judge decision; ineligible for publication); case activity (including briefs)
Though this is a “close case” (¶¶4, 11), the facts are sufficient to establish reasonable suspicion to detain Kaltenbach to have him perform field sobriety tests.
Kaltenbach was stopped shortly after midnight because one of his headlights was out. The officer “immediately … smell[ed] a moderate odor of alcohol emanating from [Kaltenbach] as he spoke….”
Continue Reading Officer had reasonable suspicion to detain driver to perform field sobriety tests (1/18/23 #2)

Last month, President Biden signed the SECURE 2.0 Act of 2022 (SECURE 2.0) into law. Building upon the original SECURE Act passed in December 2019, SECURE 2.0 significantly changes laws governing retirement savings. The primary focus of both pieces of legislation is to help Americans better save for retirement. While a comprehensive summary of SECURE 2.0 is beyond the scope of this article, the provisions most pertinent to estate, tax and retirement planning are discussed in detail below.
Increase
Continue Reading SECURE 2.0 Act Brings Additional Estate Planning Opportunities

Counterman v. Colorado, USSC No. 22-138; cert. granted 1/13/23; Scotusblog page (containing links to briefs and commentary)
Question presented:

Whether, to establish that a statement is a “true threat” unprotected by the First Amendment, the government must show that the speaker subjectively knew or intended the threatening nature of the statement, or whether it is enough to show that an objective “reasonable person” would regard the statement as a threat of violence.

The Court decided Virginia v. Black,
Continue Reading SCOTUS to consider mental state requirement for “true threats”

President Biden recently signed the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) into law. The PWFA, which goes into effect on June 27, 2023, applies to employers with 15 or more employees and imposes obligations on employers with respect to pregnant employees and applicants. The PUMP Act, which went into effect December 29, 2022, amends the Fair Labor Standards Act (FLSA) with respect to break time for nursing mothers
Continue Reading Employers May Have to Provide Reasonable Accommodations to Pregnant Workers

On December 29, 2022, President Biden signed into law the Omnibus Appropriation Act, 2023, which includes the SECURE 2.0 Act of 2022 (the “SECURE Act 2.0”). The Setting Every Community Up for Retirement Act of 2019 (the “original SECURE Act”) included a number of legislative changes designed to encourage retirement savings and expand employee participation in retirement plans. The SECURE Act 2.0 again modifies the Internal Revenue Code (the “Code”) and the Employee Retirement Income Security Act of 1974
Continue Reading The SECURE Act 2.0: What’s In It For You?

The Immigration and Nationality Act, 8 U.S.C. 1101 et seq. renders deportable noncitizens who are convicted of aggravated felonies after they admitted to the U.S.. Under the I.N.A., “an offense relating to the obstruction of justice” where the term of imprisonment is at least one year qualifies as an aggravated felony whether it is committed in violation of state or federal law.  In Pugin v. Garland, Case No. 22-23, SCOTUS will address whether the crime of being
Continue Reading SCOTUS takes two cases having implications for our noncitizen clients