von Briesen & Roper, s.c., announced today the addition of seven attorneys in four offices: Claire A. McDonough and Christian T. Oehrlein joined the Milwaukee office, James P. Anderson and T. Alexander Dee joined the Madison office, Anne E. Flinchum and Ann L. Patteson joined the Firm’s Green Bay office and Anthony S. Wachewicz III joined the Eau Claire office.Claire A. McDonough is an Associate in the Trusts and Estates Section. She focuses her practice on helping individuals,
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Wisconsin Supreme Court Holds That the Ensuing Loss Exception Reinstates Coverage for Rainwater Damage Caused by Construction Defects
On July 6, 2026, the Supreme Court of Wisconsin held in a narrow 4-3 decision that the ‘ensuing loss’ exception to the “Construction Defect” exclusion (or “Faulty Workmanship” exclusion) contained in the policyholder-defendants’ homeowner’s insurance policy reinstated coverage for damages caused by rainwater entering the policyholder’s dwelling as a result of construction defects, regardless of whether such defects existed from the time of original construction. Cincinnati Ins. Co. v. Ropicky, 2026 WI 25. While the Court recognized and purported
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Wisconsin’s APRN Modernization Act – New Emergency Rules Chart the Path to Independent Practice
For years, Wisconsin has been among a shrinking group of states that require advanced practice nurses to maintain a collaborative agreement with a physician or dentist in order to practice. That is about to change. On September 1, 2026, the APRN Modernization Act (Act 17) takes effect, moving Wisconsin from a system that certifies advanced practice nurse prescribers (APNPs) to one that licenses advanced practice registered nurses (APRNs) and, for qualifying nurses, permits independent practice for the first time.
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Title IX and ‘Sex’: What B.P.J. Means for Wisconsin Schools
The Supreme Court of the United States has at last addressed a years’ long debate: How is the term “sex” defined under Title IX? In its landmark decision West Virginia v. B.P.J., the Court found the term means one’s sex at birth, rather than one’s gender identity. As a result, the Court determined public institutions may implement sex-based eligibility restrictions for women’s and girls’ sports focused on the athlete’s sex assigned at birth without violating Title IX. The Court
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von Briesen Announces Three Shareholder Promotions
von Briesen & Roper, s.c., today announced the promotions of Blayne Nicole Christy, Anne M. Stacey and Morgan L. Turner to Shareholder. Blayne Nicole Christy is a Shareholder in the Madison office. She focuses her practice on insurance coverage matters and litigation. Christy is recognized as a Best Lawyers in America® for Insurance Law (2026) and a Best Lawyers: Ones to Watch® for Insurance Law (2025). Christy is a member of Wisconsin Defense Counsel and the Dane County
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von Briesen Welcomes Touly Vang as AI Innovation Manager
von Briesen & Roper, s.c., announced today that Touly Vang joined the Firm as AI Innovation Manager, a newly created position focused on advancing artificial intelligence initiatives and innovation throughout the Firm.Vang will execute the Firm’s AI roadmap and design and deploy AI-enabled solutions across the entire Firm.The creation of the AI Innovation Manager position builds on von Briesen’s history of technological and AI innovation. von Briesen was an early adopter of legal AI tools, including the IBM Watson-based
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Truth in Planning Law Changes Planning and Zoning for Municipalities
Wisconsin’s recently enacted 2025 Act 173, commonly referred to as the “Truth in Planning” law, introduces important changes to the relationship between comprehensive planning and zoning for municipalities. Act 173 represents a meaningful shift in Wisconsin land use law and reflects broader policy objectives related to housing availability and affordability. By requiring municipalities to plan for residential development in a more detailed and transparent manner, the legislature intended the updated statutes to reduce uncertainty and facilitate the construction of
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Wisconsin Supreme Court Confirms the Consumer Act Does Not Govern Residential Leases
On June 5, 2026, the Wisconsin Supreme Court issued its decision in Koble Investments v. Marquardt, 2026 WI 19, reversing a court of appeals ruling that had unsettled residential landlord-tenant law across the state. The Court of Appeals originally held that a residential lease is a “consumer transaction” subject to the Wisconsin Consumer Act (“WCA”) debt-collection prohibitions and that the lease was void and unenforceable under Wis. Stat. § 704.44(10) and Wis. Admin Code § ATCP 134.08(10), exposing landlords
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Moratorium on New Medicare Enrollment
CMS is imposing a six-month nationwide moratorium on new Medicare enrollment for hospices and home health agencies in a sweeping effort to combat fraud.
Effective immediately, CMS will not process new Medicare enrollment applications or certain changes in majority ownership for hospices and home health agencies across the country for the next six months. This action is designed to prevent fraudulent providers from entering the Medicare program and to disrupt schemes that exploit vulnerable beneficiaries and taxpayer funds. Existing
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Wisconsin Reins in Assignment of Benefits: What Property Insurers Need to Know Before Dec. 1, 2026
On April 8, 2026, Governor Evers signed 2025 Senate Bill 531, creating 2025 Wis. Act 230, which enacts a new provision of Wisconsin’s insurance statutes: § 632.11. Section 632.11 imposes new regulations on assignments of benefits obtained by contractors. While this new statute has provisions relevant to contractors, consumers, and insurers, the focus of this Legal Update is on the impact of this new statute on insurance companies.
But first, some context. An “assignment” is a contract where one
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New PFAS Legislation in Wisconsin
Governor Tony Evers signed into law two laws that are intended to address significant concerns regarding Wisconsin’s regulation of so-called forever chemicals, per- and polyfluoroalkyl substances (PFAS). These laws, 2025 Wisconsin Act 200 and 201, set a new course and grant new authority to the Department of Natural Resources (DNR) to investigate and remediate, as well as to issue grants to public and private parties dealing with PFAS contamination. The laws also create narrow liability exemptions for passive receivers
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Wisconsin Act 145 Brings Significant Changes to the Worker’s Compensation Act
Wisconsin employers, insurers and claims professionals should take note of substantial amendments to the Worker’s Compensation Act under 2025 Wisconsin Act 145. Effective April 1, 2026, the Act revises benefit levels, hearing procedure, evidentiary rules, settlement administration, supplemental benefits, PTSD coverage and enforcement provisions relating to insurance compliance.
Among the Act’s immediate monetary changes, the maximum weekly permanent partial disability rate increases to $454 for injuries occurring on and after April 1, 2026, and to $462 for injuries occurring
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Wisconsin Supreme Court Addresses Miranda Protections in School Settings
The Wisconsin Supreme Court recently clarified student questioning conducted by school resource officers in schools may constitute “custodial interrogation” requiring Miranda warnings, even when no arrest occurs. In State v. K.R.C., the Court held that a 12-year-old student was in custody for Miranda purposes when the student was questioned by two police officers in the SRO office. One officer was the school resource officer, and the other officer was not affiliated with the school.
The K.R.C. decision provides important
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New Wisconsin Laws Target Grooming in Schools: What School Districts Need to Know
Grooming is destructive. Grooming involves boundary-crossing conduct and private communications intended to build a child’s trust before terribly abusive conduct against the child occurs. Grooming has come into focus as a significant student safety issue with high community interest and now legal prohibitions. On March 6, 2026, Governor Tony Evers signed into law two new bills aimed at strengthening student safety. The Bills define and criminalize grooming of children by individuals in a position of trust (which includes all
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OIG Advisory Opinion: Labs Serving Patients of Urgent Care Centers
The Office of Inspector General (OIG) has issued a favorable advisory opinion regarding a proposal by an unnamed management entity to operate a laboratory serving patients of urgent care centers it manages. The OIG concluded that the proposed arrangement would not generate prohibited remuneration under the Federal anti-kickback statute, and therefore, would not subject the requestor to administrative sanctions under the relevant sections of the Social Security Act.
The requestor, a management entity affiliated with four urgent care centers,
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OIG Approves Cost-Sharing Waiver for Commercially Insured Patients
Bottom line: The Office of Inspector General (OIG) has issued a favorable advisory opinion regarding a proposal by a manufacturer of a diagnostic test to waive cost-sharing for certain commercially insured patients. The OIG concluded that the arrangement does not violate the Federal anti-kickback statute or the Beneficiary Inducements CMP, given the specific safeguards in place. Key facts: The Requestor manufactures an FDA-approved, non-invasive colorectal cancer screening test. The proposal involves waiving cost-sharing for commercially insured patients who receive
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