Axley Publications

Articles, legal alerts, and videos, highlighting a range of timely legal news and industry hot issues.

Latest from Axley Publications

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

The use of artificial intelligence in the hiring process promises a level of efficiency that would have been impossible just a few years ago. Employers can now deploy artificial intelligence tools that parse through applications almost instantly, score candidates on a 1–5 scale with accompanying reasoning, automatically sort applicants into pools, and even scan LinkedIn and other social media profiles to supplement evaluations. Some software claims to reduce screening time by as much as 75%. Yet this technological leap
Continue Reading Artificial Intelligence in Hiring: Innovation Meets Legal Risk

On December 28, 2025, the U.S. Senate confirmed President Donald Trump’s two nominees to the National Labor Relations Board (NLRB), as well as his NLRB general counsel pick, restoring a quorum with a 2-to-1 Republican-to-Democrat balance on the 5-member NLRB, with the remaining 2 board spots vacant. Now that the NLRB can get to work for the first time since January 2025, and with a Republican majority for the first time since 2021, is it just a matter of
Continue Reading Will the New NLRB Sever from Severance Agreement Precedents on Gag Clauses?

One of the most common issues that arises in estate and succession planning has little to do with taxes, documents, or legal mechanics. It’s family dynamics. 

Parents often come into the process with the goal of being fair. But fairness is rarely as simple as dividing everything equally. When clients ask whether I think their plan is fair, I’m candid: my personal view doesn’t matter. What I can offer is perspective into how other families in similar situations typically
Continue Reading Fairness is Personal: Estate Planning Lessons for Families with Unequal Assets

If an employee takes sick leave but hasn’t completed and returned an FMLA form, can the employer lawfully terminate employment?
The Family Medical Leave Act (FMLA) applies to all local, state, federal, and private sector employers who employ 50 or more employees for at least 20 workweeks in the current or proceeding calendar year. An employee is eligible for FMLA leave if they are employed by a covered employer, have completed at least 1,250 hours of work in the
Continue Reading Employer Options When FMLA Documentation Is Missing

When families blend through second marriages, later-in-life relationships, or remarriage after divorce, estate planning becomes more complex, and more important. This is especially true when one or both spouses have children from prior relationships.

A recent Wisconsin Court of Appeals decision, Sterling L. North v. Estate of William James North II, 2024AP1908 (Wis. Ct. App. Dec. 30, 2025) shows how a lack of planning can result in an unintended division of property between the spouses’ children, particularly when
Continue Reading Wisconsin’s 120-Hour Rule, Survivorship Marital Property, and Blended Families

Aside from initial treatment, does workers’ compensation cover nonexempt employees’ time off to attend follow-up appointments related to their injury?
Short answer: Missed work time may qualify for temporary disability or partial wage‑replacement benefits when the appointment is injury‑related and cannot reasonably be scheduled outside working hours.         
By way of brief background, workers’ compensation is a no-fault insurance benefit that provides two core benefits for employees injured on the job: (1) medical care reasonably necessary to treat the injury;
Continue Reading Workers’ Comp Pay for Follow-Up Appointments: Employer Guide

When an employer transitions to a seasonal operation, questions often arise regarding the applicability of the Worker Adjustment and Retraining Notification Act (WARN Act) and whether such a change triggers the Act’s notice requirements. Understanding the WARN Act, including how it applies specifically to seasonal employment, is essential for employers to ensure compliance and safeguard employees’ rights.
What is the WARN Act?
The WARN Act requires certain employers to provide at least 60 calendar days’ advance written notice of
Continue Reading WARN Act Notice Requirements for Seasonal Employers

Social media can directly impact the outcome of your divorce. What you share online — posts, photos, comments, or even what others tag you in — may be used as evidence in court. Understanding how your digital footprint affects legal decisions can help you protect yourself, your assets, and your family.
How may Courts use Social Media Posts?
Courts and attorneys regularly review social media to assess honesty, financial habits, and parenting skills. A single post can support or
Continue Reading Social Media and its Influence on Divorce Proceedings

Court orders can have direct and enforceable consequences within the workplace. While these matters arise from an employee’s personal life, employers are often legally obligated to comply with these orders and must do so without engaging in or exacerbating the underlying dispute. Failure to understand these obligations can result in statutory penalties, civil liability, or claims of unlawful employment practices.
Income Withholding and Wage Garnishments
Child support and spousal support orders are typically enforced via income withholding. Upon receiving
Continue Reading Court Orders and Employers: Legal Obligations and Risk Considerations

One of the most difficult parts of owning a business is finding great employees. Successful business owners know they cannot be everywhere at once and therefore must rely on their key employees. Sometimes retaining these key employees becomes vital not only for day-to-day operations, but the future success of the business.

This drives many Wisconsin business owners to ask: Should I let my key employees buy into my business? This is a loaded question. Not only do business owners
Continue Reading Should I Offer Ownership to My Key Employees?

As businesses grow, owners may increasingly rely on key employees and Human Resources (HR) professionals to manage functions the owner does not directly oversee. Key employees and HR professionals are typically those employees who have access to important confidential business information. These individuals often gain access to confidential operational details, employee information, and other sensitive data. A common question that arises: When should employers use non-disclosure agreements (NDAs)?

While NDAs are not required in every situation, they are one
Continue Reading Nondisclosure Agreements (NDAs): A Practical Guide on How and When NDAs Should be Utilized