Wisconsin Lawyer > Feature articles

Wisconsin Lawyer March 2010: Hey! That's my land! Understanding Adverse Possession

Thu, 04 Mar 2010 00:00:00 CDT

Adverse-possession disputes are emotionally charged matters that are pervasive in Wisconsin. Recent cases heard by the Wisconsin Court of Appeals highlight some of the many complications of adverse possession and provide insight into how to prove and defend adverse-possession claims and how to avoid a dispute in the first place.

Wisconsin Lawyer March 2010: Using the New, Flawed Residential Offer Form

Thu, 04 Mar 2010 00:00:00 CDT

As of March 1, real estate licensees are required to use the 2010 WB-11 � residential offer to purchase form, authorized by the Wisconsin Department of Regulation and Licensing. The new form, however, contains substantive drafting errors that might require a recall of the form. Until then, here is some guidance on using the form.

Wisconsin Lawyer March 2010: Treating All Grapes Equally: Interstate Alcohol Shipping After Granholm

Thu, 04 Mar 2010 00:00:00 CDT

Following the U.S. Supreme Court decision in Granholm v. Heald striking down state efforts to stem the cross-border flow of wine, even sober minds are challenged to understand the degree to which the dormant Commerce Clause limits state discretion in regulating alcohol-beverage distribution. Despite lower-court decisions interpreting, and legislative responses to, the Granholm decision, questions remain. Here is a look at Granholm and its progeny in the context of Wisconsin's three-tier regulatory scheme.

Wisconsin Lawyer February 2010: What to Do After Making a Serious Error

Tue, 09 Feb 2010 00:00:00 CDT

When a lawyer makes a serious error that adversely affects a client's case, the lawyer must take certain steps. The authors discuss a lawyer's obligations under Wisconsin's professional conduct rules and offer practice suggestions on how to handle difficult situations.

Wisconsin Lawyer February 2010: Regulating Medicine on the Internet

Tue, 09 Feb 2010 00:00:00 CDT

Although the Internet is an important tool in the health-care field, legal issues related to medical record privacy and confidentiality, health-care quality assurance, and medical e-commerce need to be resolved through regulation to protect health-care providers and consumers. Here is an overview of some important areas that require tighter controls.

Wisconsin Lawyer February 2010: Appraisal Provision Validated: Setting the Amount of Insured Loss

Tue, 09 Feb 2010 00:00:00 CDT

In Farmers Automobile Insurance Ass'n v. Union Pacific Railway Co., the Wisconsin Supreme Court set forth the standard for vacating or modifying insurance policy appraisal provisions used to set value for claimed losses. The court also tackled discovery and standard of review issues.

Wisconsin Lawyer February 2010: Exonerees' Hardships after Freedom

Tue, 09 Feb 2010 00:00:00 CDT

Most exonerees lose everything in their legal battles to prove their innocence and gain their freedom: financial security, family ties, reputations, and more. Once the thrill of freedom fades, exonerated individuals face the hardship of rebuilding their lives and reintegrating in society with little preparation and support. The Wisconsin Exoneree Network is working to change that reality.

Wisconsin Lawyer January 2010: Table of Contents

Thu, 14 Jan 2010 00:00:00 CDT

The 670-page directory contains attorney alphabetical and geographical rosters; Wisconsin law firms and corporations; listings of federal, state, and tribal courts, including court personnel; directory of vendors providing law-related services; contact information for the State Bar of Wisconsin and other law-related organizations; 2009 Wisconsin Lawyer index; and Lawyer-to-Lawyer Directory.

Wisconsin Lawyer December 2009: Wisconsin Proposes Amendments to Wisconsin Rules of Civil Procedure to Address Electronic Discovery

Fri, 04 Dec 2009 00:00:00 CDT

The new amendments to the Wisconsin Rules of Civil Procedure recognize the significance of electronically stored information in the discovery process. These amendments, which are effective, encourage early participation by the court and the parties in addressing discovery issues pertaining to electronically stored information, including agreements regarding the form of production and the accompanying costs.

Wisconsin Lawyer December 2009: Wisconsin's Working Lands: Securing Our Future

Fri, 04 Dec 2009 00:00:00 CDT

The Working Lands Initiative is a cooperative state and local government and private effort to save farmland, protect the environment, and minimize land-use conflicts. A new law provides enhanced tax credits for farmers whose land is protected for agricultural use and who adopt sound environmental practices. The law provides new opportunities for public-private partnerships, and encourages a renewed community focus on farmland preservation and land-use planning.

Wisconsin Lawyer December 2009: Common Interest Privilege: The Unknown Litigation Tool

Fri, 04 Dec 2009 00:00:00 CDT

Often during litigation, parties discover they have similarly aligned interests on various issues. Parties with common interests may caucus and strategize together to further their mutual goals. The common interest privilege is an extension of the attorney-client privilege and protects the exchange of information among parties who share common legal interests. The privilege does not create a new privilege, but is an exception to the general rule that a privilege is waived upon the voluntary disclosure of otherwise protected information to a third party. Knowing how to use this privilege may result in faster, more efficient litigation.

Wisconsin Lawyer November 2009: Understanding Domestic Partnerships in Wisconsin

Thu, 05 Nov 2009 00:00:00 CDT

2009 Wisconsin Act 28 defines state employee domestic partnerships and same sex domestic partnerships and governs relationships between partners. The Act affects many areas of the law, but its provisions are not comprehensive. This article lists many of the statutes the Act affects, identifies some of the many provisions governing the relationship between spouses that the Act does not directly affect, and addresses several situations in which couples can benefit from advance planning.

Wisconsin Lawyer November 2009: Understanding the Wisconsin Fair Dealership Law in Tough Economic Times

Thu, 05 Nov 2009 00:00:00 CDT

At a time of economic upheaval, reworking distribution systems may seem like a prudent idea. However, care must be taken to determine whether the Wisconsin Fair Dealership Law applies to the parties and to the proposed change. If the WFDL does apply on both counts, then the change must be essential, reasonable, and nondiscriminatory.

Wisconsin Lawyer November 2009: Star Direct Takes Restrictive Covenant Law in a New Direction

Thu, 05 Nov 2009 00:00:00 CDT

In determining the enforceability of restrictive covenants in Star Direct, the Wisconsin Supreme Court's holdings and approach appear to be inconsistent with the long-standing test and rules for making such determinations. The Star Direct court's approach relaxes the hostility with which such anticompetitive provisions have traditionally been viewed by Wisconsin courts.