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On January 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced the launch of a new initiative, Hiring Initiative to Reimagine Equity (HIRE), to reimagine hiring practices to advance equal employment opportunity. The goal of this initiative is to identify innovative and evidence-based practices that will help workers from underrepresented communities gain access to good jobs and help employers utilize their talent across America’s workforce.
Continue Reading Government Agencies Launch Initiative to Address Hiring and Recruiting Challenges

von Briesen & Roper, s.c., today announced that four attorneys joined the firm: Samantha J. Emro, Alexander R. Karana, Sarah L. Laughlin and Anthony S. Wachewicz III.
Samantha J. Emro is an Associate in the Neenah office. Emro focuses her practice on mergers and acquisitions, real estate and corporate matters. Prior to joining von Briesen, Emro worked as an associate commercial appraiser. She received a J.D., cum laude, from Mitchell Hamline School of Law and a B.S. from the
Continue Reading von Briesen & Roper, s.c. Welcomes Four Attorneys

On January 13, 2022, the Supreme Court of the United States (“Supreme Court”) issued a Stay on the implementation of the Occupational Safety and Health Administration’s (“OSHA”) Emergency Temporary Standard (“ETS”) which required private sector employers with 100 or more employees to implement a COVID-19 policy under which employees were to either become vaccinated, or undergo weekly COVID-19 testing (demonstrating a negative test result) and wear a face covering.
The Supreme Court’s DecisionThe Supreme Court stayed the OSHA ETS,
Continue Reading Supreme Court Stays OSHA’s ETS Mandatory COVID-19 Vaccination/Testing Requirement

The U.S. Centers for Disease Control and Prevention (“CDC”) on Monday, December 27, 2021, updated its guidance on COVID-19 safety protocols for vaccinated, unvaccinated, exposed and positive tested persons. The updates are effective immediately and may help employers address the coordination of staffing and return to work obligations. While vaccination and booster status remains central to employee opportunities for return to work, there is a symmetry occurring that helps to manage the health risk with new data on COVID-19.
Continue Reading COVID-19 von Briesen Task Force Resource: CDC Revises COVID-19 Isolation and Quarantine Guidelines

On December 17, 2021 the 6th Circuit Court of Appeals lifted the stay on the Occupational Health and Safety Administration’s (OSHA) Emergency Temporary Standard (ETS) on mandatory COVID-19 vaccinations and testing for employers with 100 or more employees. This decision reinstates the ETS mandates, but OSHA has indicated its intent to allow covered employers until January 10, 2022, by which to come into compliance with the ETS. Moreover, OSHA has stated it will not issue citations for noncompliance with
Continue Reading Stay Lifted on OSHA's ETS Mandatory COVID-19 Vaccination/Testing Policy

The use of artificial intelligence (“AI”) and machine learning in the workplace is growing exponentially – and specifically in hiring. Over the last two decades, web-based applications and questionnaires have made paper applications nearly obsolete. As employers seek to streamline recruitment and control costs, they have jumped to use computer-based screening tools such as “chatbots” to communicate with job applicants, to schedule interviews, ask screening questions, and even conduct video conference interviews and presentations in the selection process. Employers
Continue Reading Brave New World: The EEOC’s Artificial Intelligence Initiative

On November 30, 2021, a federal district court in Louisiana issued an order that blocks the U.S. Department of Health and Human Services and the Center for Medicare and Medicaid Services from implementing the CMS Vaccination Rule that requires covered facilities to implement and enforce mandatory vaccination policies as a part of President Biden’s COVID-19 action plan. The order applies nationwide, except for states that had already been granted a similar order in a pending case in Missouri. It
Continue Reading Preliminary Injunction Enjoins CMS Vaccine Mandate

On November 1, 2021, the American Society for Testing and Materials (ASTM) Committee on Environmental Assessment, Risk Management and Corrective Action (ASTM Committee E-50) approved a new standard for conducting Phase I Environmental Site Assessments (ESAs). The new standard, known as “E1527-21 – Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process,” which was published by ASTM in November 2021, makes significant modifications to the previous ASTM Phase I Standard Practice (E1527-13) that has been in
Continue Reading The New ASTM E1527-21 Standard Practice for Phase I Environmental Site Assessments (ESA)

von Briesen & Roper, s.c. is proud to announce that 25 of its attorneys are listed as 2021 Wisconsin Super Lawyers and Wisconsin Rising Stars. In addition, three attorneys are included on several of the “Top Wisconsin Lists.”
Top 50: Wisconsin Super Lawyers:

Top 25: Women Wisconsin Super Lawyers:

Top 25: Madison Super Lawyers:

Top 25: Milwaukee Super Lawyers:

Wisconsin Super Lawyers:

 Wisconsin Rising Stars:

 (* indicates lawyers listed for the first time)
# # #
About von Briesen
Continue Reading von Briesen & Roper, s.c. Attorneys Listed in 2021 Wisconsin Super Lawyers, Rising Stars and Top Lists

On November 7, 2021, 2021 Wisconsin Act 82 (the “Act”) went into effect and established new statutory requirements that immediately apply to Wisconsin law enforcement agencies. This Legal Update summarizes the key obligations of Wisconsin local law enforcements agencies arising out of the Act, including the requirement to create, collect and share employment information as part of their recruitment and hiring processes. The Act applies to all law enforcement agencies in Wisconsin, defined as state “governmental unit[s] or political
Continue Reading Wisconsin Law Enforcement Agencies Have New Recordkeeping and Sharing Obligations

On November 4, 2021, the Occupational Safety and Health Administration (“OSHA”) and the Center for Medicare & Medicaid Services (“CMS”) issued regulations requiring covered employers to implement and enforce mandatory vaccination policies as a part of President Biden’s COVID-19 action plan. This Legal Update will provide a high-level overview of the new OSHA Emergency Temporary Standard (“ETS”) and the CMS interim final rule with comment period (“IFR”).

OSHA ETS – Applies to Private Sector Employers with 100 or More
Continue Reading The Federal Vaccine Mandates Are Finally Here – What Employers Need to Know

von Briesen & Roper, s.c., today announced that growth continues and welcomes four more lawyers to the firm: Edric S. Bautista, Katie L. Bireley, Griffin E. Bliler and David P. Ruetz.

Edric S. Bautista is a Shareholder in the Chicago office. Bautista focuses his practice on insurance coverage matters and he also has substantial experience in civil litigation and appellate representation. Bautista received a J.D. from Loyola University Chicago and a B.A. from The University of Chicago. He resides
Continue Reading von Briesen & Roper, s.c. Continues Growth, Welcomes Four More Attorneys

On or about June 28, 2021, von Briesen & Roper, s.c., posted a legal update on its legal news page on its firm website relating to the decision of the Wisconsin Supreme Court in Kemper Independent Insurance Company v. Ismet Islami, 2021 WI 53. That post contained a factual statement concerning Ms. Islami implying culpability or wrongful conduct on her part in connection with the destruction of her residence by arson.
That statement needs to be supplemented with the
Continue Reading Supplemental Statement

Beijing High People’s Court rejects Volkswagen’s Trademark Application Despite Coexistence Agreement

In August, 2021 the Beijing High People’s Court maintained a decision made by the Chinese National Intellectual Property Administration (CNIPA) rejecting an application by Volkswagen (VW) for the trademark TAYRON, an expression associated with a line of VW’s compact SUVs. The decision was upheld on the grounds of (1) similarity of goods and (2) similarity of marks with respect to the existing trademark TYRON, owned by Tyron Runflat
Continue Reading Recent Developments in Chinese Intellectual Property

The provisional patent application is one of the more unique, and often misunderstood, features of the U.S. patent system. While applicants may be enticed to file provisional patent applications as a potentially cost-effective way to secure an early filing date, they must be drafted with extreme care to fully enjoy that benefit. Provisional applications do fill a role in a comprehensive patent strategy, but the form and content of the application itself should be tailored to meet defined objectives
Continue Reading The Promise and Potential Pitfalls of Provisional Patent Applications

In re SurgiSil, LLP, No. 2020-1940, 2021 WL 4515275 (Fed. Cir. Oct. 4, 2021)
Crucial Concept:

  • Design patent claim language may limit the assertible claim scope to the specifically enumerated article of manufacture

SurgiSil appealed a decision of the Patent Trial and Appeal Board affirming an Examiner’s rejection of SurgiSil’s design patent application (No. 29/491,550). The ‘550 application claims an “ornamental design for a lip implant as shown and described.” The Examiner rejected SurgiSil’s design patent claim as anticipated
Continue Reading Patent Case Law Updates – November 2021