Wisconsin Lawyer > Feature articles

Wisconsin Lawyer November 2009: Understanding Domestic Partnerships in Wisconsin

Thu, 05 Nov 2009 00:00:00 CST

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 CST

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 CST

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.

Wisconsin Lawyer October 2009: Regulating Wisconsin-based Businesses: The Wisconsin Uniform Securities Act

Tue, 06 Oct 2009 00:00:00 CST

The Wisconsin Uniform Securities Act (WUSA), which became effective on Jan. 1, 2009, clarifies what is a security, modifies how securities professionals are regulated in Wisconsin, and significantly expands the Division of Securities' enforcement powers. Attorneys representing Wisconsin-based businesses need to be aware of these and other key issues resulting from the adoption of the WUSA.

Wisconsin Lawyer October 2009: Advising Prospective Owners of Troubled Condominium Projects

Tue, 06 Oct 2009 00:00:00 CST

Every recession creates buying opportunities, such as acquiring a properly priced condominium project. Lawyers for prospective new owners of such projects can play key roles in reducing the buyer's risk, increasing the project's value, and setting the project on the right course economically. Here is a look at the significant legal issues.

Wisconsin Lawyer October 2009: 2008 � 09 Significant Supreme Court Decisions

Tue, 06 Oct 2009 00:00:00 CST

The authors highlight what they believe are the most significant decisions issued by the Wisconsin Supreme Court during its 2008-09 term.

Wisconsin Lawyer October 2009: Closed Session, Open Book: Sifting the Sands Case

Tue, 06 Oct 2009 00:00:00 CST

In Sands v. Whitnall School District, the Wisconsin Supreme Court held there is no evidentiary privilege for deliberations in closed sessions conducted by governmental entities. Here is a look at how Sands developed, the potential impacts of the court's decision, and the implications regarding public records law.

Wisconsin Lawyer September 2009: Recent Significant Wisconsin Federal Court Decisions

Tue, 01 Sep 2009 00:00:00 CST

Federal court interpretations of Wisconsin law are persuasive, but not binding on Wisconsin courts. Yet they affect how Wisconsin law develops and is argued. Here is a look at some significant Wisconsin federal court decisions interpreting Wisconsin law since 2007, encompassing common law claims, statutory interpretations, and a criminal case considering Wisconsin law under federal habeas corpus jurisdiction.

Wisconsin Lawyer September 2009: Rapport with Reporters

Tue, 01 Sep 2009 00:00:00 CST

Lawyers who spend a lot of time talking for a living might view media relations as a no-brainer. Seven media-savvy individuals debunk the myth that 'talking is talking,' and explain why professional skill is needed in media relations and what works best when relating to news reporters.

Wisconsin Lawyer September 2009: 2009 Wisconsin Act 20: Changes to Wisconsin's Fair Employment Law

Tue, 01 Sep 2009 00:00:00 CST

2009 Wisconsin Act 20, effective July 1, 2009, expands Wisconsin's Fair Employment Law to make available compensatory and punitive damages for employment discrimination, unfair genetic testing, and unfair honesty testing in an employment setting. These damages are in addition to other remedies available under the Fair Employment Law. Act 20 more closely aligns Wisconsin's Fair Employment Law with Title VII of the federal Civil Rights Act of 1964, as amended.

Wisconsin Lawyer August 2009: New Residential Tenants in Foreclosure Act

Fri, 07 Aug 2009 00:00:00 CST

A record 12% of all mortgages in the U.S. were delinquent or in foreclosure at the end of the first quarter of 2009. Foreclosures in Wisconsin increased 20% from 2007 to 2008. With the increase in foreclosures has been an increase in the number of foreclosure-related evictions; foreclosures automatically terminate most tenancies in Wisconsin and, given the financial straits of the defaulting landlord, tenants generally lose their security deposits and any prepaid rent. The Wisconsin Legislature and Congress recently passed laws to help protect residential tenants.

Wisconsin Lawyer August 2009: Unlocking your Firm's Profit potential: Increasing Revenue

Fri, 07 Aug 2009 00:00:00 CST

Even in a sluggish economy, your firm can produce more revenue while improving client satisfaction. This client-centered approach to revenue enhancement focuses on three key steps. First, know the financial indicators a firm should track in analyzing revenue and identifying opportunities for improvement. Second, manage client expectations to increase client satisfaction in a way that improves revenue. Third, understand specific aspects of law firm leverage that are critical to surviving and thriving in today's economy.

Wisconsin Lawyer August 2009: Rising Class and Collective Lawsuits in Employment

Fri, 07 Aug 2009 00:00:00 CST

The use of class and collective lawsuits in employment-related litigation is on the rise as employees seek proper pay and fair treatment while employers seek to defend their policies and practices. Here's a look at the differences between the two types of group litigation, reasons for the increase, and why the trend is expected to continue.

Wisconsin Lawyer July 2009: HIPAA and the Stimulus Law: Protecting Health Information

Fri, 10 Jul 2009 00:00:00 CST

The American Recovery and Reinvestment Act of 2009 strengthens federal privacy laws enacted in the Health Insurance Portability and Accountability Act of 1996. Health care providers and their vendors and business associates all are now liable for unauthorized disclosures of individuals' health care information. New provisions govern electronic information and how notification of a breach is to be made. The rules are complex, with many exceptions. And more changes are expected.

Wisconsin Lawyer July 2009: Bridging Cultures: Tips for Managing a Multicultural Practice

Fri, 10 Jul 2009 00:00:00 CST

Why would a client refuse even to look at an interpreter, possibly derailing an otherwise sound case? Obstinance? Doubtful. Shame at needing to use a legal system she knows nothing about? Maybe. How about fear and anger, because someone of the interpreter's ethnicity burned the client's village or worse? This is just one example of how the melting pot that is American society presents multiple opportunities and challenges for lawyers who represent clients from diverse cultures.

Wisconsin Lawyer July 2009: Conflict Waivers and the Informed Consent Standard

Fri, 10 Jul 2009 00:00:00 CST

Lawyers owe a duty of loyalty to clients, and the existence of a conflict means that duty is impaired. Waiver letters force clients and lawyers to think hard about what they are doing, because waiving a conflict is an important decision with long-range effects. This article discusses the types of information that must normally be included in a waiver letter and provides a framework for thinking about the issue.

Wisconsin Lawyer July 2009: Is it Time to Hang Out Your Own Shingle?

Fri, 10 Jul 2009 00:00:00 CST

Given today's economic climate, would a lawyer be crazy to even consider launching a solo practice or small firm? Not necessarily. Six lawyers with different motivations, practice areas, and geographic locations extol the ups � and downs � of setting off on their own.