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von Briesen & Roper SC

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Following publication of our recent Legal Update discussing the statewide surge of workplace safety grievances, we have received many questions regarding which grievance procedure provisions deserve immediate attention to best prepare for a potential grievance. While each district’s grievance procedure may contain procedures or provisions unique to itself, there are a few core provisions that should be included within all grievance procedures for purposes of providing a fair, effective, and efficient grievance process. The first grievance procedure section deserving of immediate attention is the definitions section. It is critical to clearly define the individuals eligible to invoke the procedure, limiting…
School districts continue to navigate the challenges associated with delivering educational instruction during a pandemic. Wisconsin’s status as a COVID-19 “hot spot” continues, leaving districts in the position of having to closely monitor local data and make difficult decisions, oftentimes pivoting between instructional delivery models. Many school districts have seen a rash of workplace safety grievances filed pursuant to Wis. Stat. § 66.0509(1m) by district employees or union leadership raising workplace safety concerns and, in many instances, seeking relief demanding that districts move exclusively to a virtual instruction environment. This development is disappointing, considering the extensive time, effort, expense, and…
The 2017 federal tax reform legislation included a limitation on the individual itemized deduction for state and local taxes (“SALT”). The limit is $10,000 per joint return and $5,000 per return for married taxpayers that file separately. Some high individual tax states attempted to help their taxpayers blunt the effect of this new limitation by allowing them to make charitable contributions to the state in exchange for a corresponding credit against their individual state taxes. The expectation was that individuals doing so would be able to deduct the full charitable contribution on their federal income tax returns, and thereby reduce…
Healthcare providers are subject to a vast array of privacy laws but, until recently, still had discretion in fulfilling requests for information. Now, new rules governing “information blocking” will curtail this discretion and impose new compliance risks in fulfilling requests for healthcare information. “Information blocking” is the prohibited practice of interfering with access, exchange, or use of electronic health information (“EHI”). This Legal Update will outline (1) who must comply with the new rules, (2) the basic requirements of the new information blocking rules, (3) the relevant exceptions to these requirements, and (4) practical considerations for health care providers seeking…
MILWAUKEE, WI – Susan E. Lovern, President and CEO of von Briesen & Roper, s.c., today announced that the intellectual property lawyers of the former Miller, Matthias & Hull LLP firm have joined the firm’s new downtown Chicago office at One North Franklin Street, Suite 2350. In addition to nine lawyers and a registered patent agent, five staff including a patent illustrator have joined the firm. Miller, Matthias & Hull LLP, was a boutique IP firm that had been focused exclusively on patent prosecution and counseling services and previously had been named a “Go-To Law Firm®”, by Corporate Counsel Magazine…
MILWAUKEE, WI – von Briesen & Roper, s.c., today announced that six lawyers and one non-lawyer professional recently joined the firm in locations throughout Wisconsin. Three Eau Claire lawyers joined the firm, Mindy K. Dale, Lindsey S.M. Minser and David A. Richie. The Milwaukee office added two lawyers, Kelly L. Krause and Sumeeta A. Krishnaney. The Neenah office added one lawyer, Mmeli Obi. The Green Bay office added one non-lawyer professional, Pamela W. Schneider (CPA, JD, LL.M, CMA). Susan Lovern, President and CEO of von Briesen & Roper, said, “Our growth around the state and our new footprint in Eau…
On September 22, 2020, President Trump issued Executive Order 13950, “Combating Race and Sex Stereotyping” (the “Order”). The Order applies to federal agencies, federal contractors (including “sub to prime” contractors), and federal grant recipients. The Order seeks to “foster environments devoid of hostility grounded in race, sex, and other federally protected characteristics” and eliminate “un-American” and “divisive concepts” from Diversity and Inclusion trainings. The Order is effective immediately, and as explained below, creates new requirements for federal contracts executed on or after November 21, 2020. Purpose of the OrderThe Purpose of the Order is to prohibit federal agencies, federal…
Amidst a global pandemic, a presidential election is on the horizon, which, coupled with a variety of social movements, has created the perfect environment for a number of First Amendment issues to arise in schools. From the political – MAGA and Build Back Better – to social movements, such as Black Lives Matter, Antifa, and the neo-Confederate movement, the magnitude of the societal and political forces at play have increased tensions and spurned protests and activism. The current cultural and political landscape has had a significant impact on communities across our nation this summer. Such issues will inevitably make their…
Prior to the COVID-19 pandemic, day-to-day school attendance problems typically involved unexcused student absences, excessive sick days, or other situations in which a student’s or employee’s physical absence from school disrupted student education in some way. For Wisconsin school districts that have adopted an education model involving in-person learning (and for those districts that will be phasing in face-to-face instruction), the biggest attendance concern for the 2020-2021 academic year is knowing when and under what circumstances students, teachers, and other school staff should not be permitted to physically attend school as a result of the quarantine of isolation requirements. This…
On September 11, 2020, the United States Department of Labor (“DOL”) issued revised regulations for the Families First Coronavirus Response Act (“FFCRA”) relating to the administration of both the FFCRA’s Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA). The DOL revised these regulations in response to a New York federal court decision that invalidated four provisions of the original regulations. On August 3, 2020, the New York federal court struck down the following four provisions of the DOL’s original FFCRA regulations: Health Care Provider Exemption: The definition of an employee who is…
CMS announced on August 27 that it is delaying publication of its final rule on amendments to the Stark physician self-referral rule until August 31, 2021. CMS had previously announced its intent to publish the final rule in August 2020. CMS issued its proposed rule on October 17, 2019 in conjunction with its “Patients over Paperwork Initiative.” The proposed rule is part of HHS’s “Regulatory Sprint to Coordinated Care,” which looks at federal regulations that may be impeding provider efforts to better coordinate patient care. CMS intended to address what it characterized as Stark’s “undue regulatory impact and burden.” It…
The November election will determine whether Donald Trump or Joseph Biden will be our President beginning in 2021 and whether the Democrats or Republicans will control the Senate. Some are predicting changes in the estate tax law under a Biden presidency and a Senate controlled by the Democrats. Biden is proposing to return the estate tax to “historic norms.” In 2017, the Tax Cuts and Jobs Act (TCJA) was signed into law. That Act increased the estate tax exemption – the value of assets that can pass without federal estate tax. Distributions to spouses and charities are deductible distributions and…
President Trump issued a Presidential Memoranda (“PM”) on August 8, 2020 which, in part, directed the Secretary of the Treasury to defer the collection of social security payroll taxes from employees between September 1, 2020 and December 31, 2020. On August 28, 2020, the IRS issued Notice 2020-65 (the “Notice”) which provides guidance on how the deferral process will be administered. This Legal Update will provide an overview of the current status of the payroll tax deferral program, including best practice recommendations for employers for compliance and to avoid interest and penalties. There remain issues in the operation of this…
The Families First Coronavirus Response Act (“FFCRA”) allows eligible employees to take paid leave because of a need to care for an employee’s child whose school or place of care is closed due to COVID-19 related reasons. As schools reopen under a variety of plans, such as hybrid-attendance and remote learning, questions have arisen regarding FFCRA leave eligibility under these circumstances. On August 27, 2020, the United States Department of Labor (“DOL”) updated its Question and Answer guidance to address these issues. This Legal Update summarizes the DOL guidance, and provides practical direction for employers. The FAQ identifies the following…
The Future of Telemedicine is Now, sponsored with the Wisconsin Rural Health Cooperative.  The slow evolution of telemedicine suddenly accelerated with the arrival of the coronavirus. The sudden emergence of telemedicine services presents many challenges and opportunities for rural hospitals. This panel discussion addresses key strategic considerations, including: Current telemedicine reimbursement and compliance changes and challenges How to compensate providers for telehealth services now and beyond, and The business considerations for fully embracing a telehealth program, including market share considerations and competition from others providing services in this space and parity between government and private reimbursement. presenters: Ben Ulrich, VMG…