Wisconsin Lawyer > Feature articles

Wisconsin Lawyer May 2012: The ADAAA: Key Changes to Disability Law

Tue, 01 May 2012 00:00:00 CDT

In the ADAAA, Congress amended federal disability-discrimination law to restore a breadth of coverage under the ADA. Federal courts have since made initial findings of disability in a broad spectrum of discrimination cases in which they once would have refused to do so. Here is a look at the key changes.

Wisconsin Lawyer May 2012: Prosecuting False Political Speech

Tue, 01 May 2012 00:00:00 CDT

Three misdemeanor statutes may be used against people who make intentionally false statements in political campaigns. The statutes prohibit false representations affecting elections, criminal defamation, and giving false information for publication. Learn how the Wisconsin statutes have been used � and misused � over the past two decades.

Wisconsin Lawyer May 2012: "Equal Voice" Confirmed: Worker's Comp Carriers Can Compel Settlement

Tue, 01 May 2012 00:00:00 CDT

Worker's compensation carriers can seek to compel settlement of a plaintiff's bodily injury lawsuit over the injured-plaintiff's objections. In its decisions, the Wisconsin Court of Appeals emphasized the circuit court's authority to resolve settlement-related disagreements between insurers and injured parties.

Wisconsin Lawyer May 2012: Retaliation: New Developments in State and Federal Employment Law

Tue, 01 May 2012 00:00:00 CDT

Recent state and federal decisions will make it easier for employees to prove retaliation cases while making it harder for employers to define, and therefore avoid, retaliatory conduct. Attorneys must understand the changes to effectively advise their clients.

Wisconsin Lawyer April 2012: Determining 'Pecuniary Loss'

Sun, 01 Apr 2012 00:00:00 CDT

Persons who violate DATCP orders regulating methods of business competition and trade practices, face stiff civil penalties under Wis. Stat. section 100.20(5), including twice the amount of any pecuniary loss. Determining what is a pecuniary loss is critical.

Wisconsin Lawyer April 2012: A Lawyer's Guide to IRS Audits � of Lawyers

Sun, 01 Apr 2012 00:00:00 CDT

A law firm selected for an IRS examination should try to limit the scope of the examination, record what the agent sees, and move the agent through the process quickly. Prepare for the examination by looking at the audit from the government's point of view.

Wisconsin Lawyer April 2012: Catch It While You Can: Finding and Preserving Electronic Evidence

Sun, 01 Apr 2012 00:00:00 CDT

Evidence stored on computers and other electronic devices plays a role in an increasing number of client matters. Learn the steps you and a computer forensics examiner should take to quickly and completely capture such information.

Wisconsin Lawyer March 2012: Viewpoint: Wisconsin's Undeveloped Surrogacy Law

Thu, 01 Mar 2012 00:00:00 CDT

Parties to surrogate-parenting arrangements typically enter into agreements that spell out each party's expectations and responsibilities. However, Wisconsin law is insufficiently developed to ensure adequate enforcement of such agreements.

Wisconsin Lawyer March 2012: Lessons from Casper: Expanded Recovery for Injured Litigants

Thu, 01 Mar 2012 00:00:00 CDT

In Casper, the Wisconsin Supreme Court overruled existing state law to allow injured litigants to bring direct suits in Wisconsin courts against out-of-state insurance companies for a loss or injury that occurred in Wisconsin. The court also clarified considerations in seeking default judgments and confirmed that corporate officers may be held personally liable for their negligent acts.

Wisconsin Lawyer March 2012: Untying the Gordian Knot: Law Firm Compensation

Thu, 01 Mar 2012 00:00:00 CDT

Stymied, Alexander the Great "untied" the impossible Gordian knot by severing it with his sword. Although law firm compensation can be one of the most difficult puzzles in law firm management, solving it need not invite similar rash action. This article reviews the most common compensation systems, how each of them rewards specific behavior patterns, and why effective compensation systems must be aligned with a law firm's culture and values.

Wisconsin Lawyer March 2012: WebXtra Video: Untying the Gordian Knot: Law Firm Compensation

Thu, 01 Mar 2012 00:00:00 CDT

In this video, Michael Moore discusses the features of successful firms' compensation systems. How does your firm compare?

Wisconsin Lawyer February 2012: Walk in 'Our' Shoes: Why Docs Avoid Lawyers

Wed, 01 Feb 2012 00:00:00 CDT

Whether you represent plaintiffs or defendants in personal injury cases, understanding doctors' concerns, and refining your communications with them, will improve the doctor-lawyer relationship.

Wisconsin Lawyer February 2012: The Ancient-Document Rule: Ancient Is Not as Old as You Think

Wed, 01 Feb 2012 00:00:00 CDT

Unavailable witnesses or ones with holes in their memories need not be barriers to the admission into evidence of documents more than 20 years old. These documents may be admitted using the ancient-document evidence rule instead.

Wisconsin Lawyer February 2012: Juries Unaware of Traditional Power

Wed, 01 Feb 2012 00:00:00 CDT

Notorious trials draw scorn for jurors who decide the fate of criminal defendants. But jurors often are restricted in their deliberations; they are not told of their traditional power to decide both the facts and the justness of the law as applied in a particular case.

Wisconsin Lawyer February 2012: WebXtra Video: Walk in 'Our' Shoes: Why Docs Avoid Lawyers

Wed, 01 Feb 2012 00:00:00 CDT

In this video, authors Jason Knutson and Guy DuBeau discuss how to improve the doctor-lawyer relationship in personal injury or medical malpractice cases.