Amidst all the controversy and uncertainty around businesses reopening during the COVID-19 crisis, one thing is certain: at some point in the future all businesses that have survived the crisis will have to operate in the post-crisis world. This column focuses on some of the employment law i…

The recent enactment of the SECURE Act, which took effect on Jan. 1, dramatically impacts IRAs, Roth IRAs and qualified plans (retirement assets).  One of the most significant changes brought about by the SECURE Act is how quickly a retirement account must be liquidated by a beneficiary afte…

Some media outlets, commentators and business organizations have expressed concern that as they return employees to work, employers may have potential liability on a variety of fronts. This came true for employers who have “first responders” in an important provision of the coronavirus relie…

Cannabidiol (CBD) is the newest buzzword flying around the workplace. Employees are discussing CBD products and are potentially already using these products at home and in the workplace. The topic of CBD often becomes confused with marijuana.

For many people, the first time they start thinking about an estate plan is when they start to have family members that depend on them financially — typically, a spouse or a child. Let’s take, for example, a young married couple with young children. The couple may think they need a will, but…

For many businesses, confidential information is a valuable asset. Businesses seek to protect their confidential information using nondisclosure provisions, most frequently in the context of an employment agreement or an agreement for the purchase or redemption of a business interest. Howeve…

I t seems like our world becomes more digital each day. We can manage almost every aspect of our lives online, but unless you have updated your estate plan in the last few years, chances are good that your estate-planning documents do not address what will happen to your electronic documents…

Wisconsin has some unique qualities discovered by newcomers — among them are cheese curds, booyah and supper clubs. New employers in Wisconsin, or those operated by national or international entities, may also encounter provisions of Wisconsin employment law that go beyond or differ from fed…

After a long marketing or letter of intent negotiation process, it is tempting for both buyer and seller to take a quick look through a draft purchase agreement, verify that it contains the correct price, closing date, and list of purchased assets and sign off. Time is money, and neither par…

The life of a business owner or business executive is typically filled with big decisions. And no decisions loom larger than whom to work with. Working with the right people will propel your business forward, while making the wrong hire will negatively affect your company’s culture, efficien…

The regulations enforced by OSHA affect nearly every employer in the U.S. Three recent and related, developments on the OSHA front have implications for employers.

On June 12, the Seventh Circuit Court of Appeals issued a decision in the case of Richardson v. Chicago Transit Authority holding among other things, that obesity is not an impairment under the Americans with Disabilities Act (ADA) absent the showing of an underlying physiological cause. As …

In a highly-anticipated opinion, released in April, the Wisconsin Supreme Court clarified the liability of individual members of Limited Liability Companies (“LLCs”) to the LLC and the other members. In the case of Marx v. Morris, the Wisconsin Supreme Court held that individual members of a…

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Toys “R” Us, Payless, The Limited, Bloomingdale’s, Sears, Shopko. Almost every month brings news of another large company declaring bankruptcy. But what happens to you if you are currently a business partner to a company that declares bankruptcy? How are your rights affected? This column wil…

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A limited liability company (“LLC”) has become the preferred entity of choice for new business ventures since the State of Wisconsin adopted legislation (LLC Act) that enabled Wisconsin businesses to organize a limited liability company (LLC) in 1993.

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Benjamin Franklin is credited with the oft-repeated saying, “If you fail to plan, you are planning to fail.” This state- ment is very realistic in its application to the long-term ownership and management of family properties. Many problems arise if families do not create a plan for the futu…

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No longer is the vacationing family limited to hotels, camp grounds and commercial resorts. With the advent of websites such as Airbnb.com, vrbo.com and a host of others, every home, cottage and cabin are possible vacation destinations. Living in Northeastern Wisconsin, we are all too famili…

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Many landowners, developers and builders know that having to obtain a permit to dredge or fill wetlands can cause substantial delays and increased costs. Some relief is now in sight with the recently enacted Wisconsin Act 183, which became fully effective on July 1. If the exemptions apply, …

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Many are unaware that the Americans with Disabilities Act (“ADA”) applies to websites as well as physical facilities. A review of court dockets around the country shows that plaintiffs are filing an increasing number of lawsuits against companies alleging that their websites are not “accessi…

With unemployment rates at all-time lows, businesses are turning to independent contractors to provide assistance in areas of need in order to get projects completed in a timely matter. All businesses should strongly consider having a written agreement to define the contractual terms of a re…

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Most of us have resorted to checking out online reviews of companies when conducting our due diligence prior to engaging a company for their services or buying its products.

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The Wisconsin Court of Appeals recently identified a loophole in the “grand bargain” which impacts all Wisconsin employers who use a staffing agency to provide them with temporary employees or who “borrow” employees from another employer. Fortunately, the Legislature acted with unusual speed…

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On Jan. 19, the Wisconsin Supreme Court, for the first time in its history, issued a decision addressing restrictions prohibiting the solicitation of employees — also known as anti-poaching or raiding restrictions or, more traditionally, employee non-solicitations.

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Late last year, Congress passed and the President signed new tax legislation known as the Tax Cuts and Jobs Act of 2017 (TCJA), that was generally effective Jan. 1, 2018. While the legislation was not the tax simplification or tax reform that many would have liked, it is hopefully a move in …

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In October, 2017, the hashtag #MeToo created a social media movement witha  goal of bringing awareness to the prevalence of sexual harrassment. Rather than keep quiet, victims of sexual harassment have been encouraged by the movement to feel that they are not alone and to stand up against th…

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As a business owner, you know that the day-to-day activities and long-term goals of your business need to be constantly attended to in order to allow your business to maintain and grow its value. A few days missed results in emails, orders, emergencies and issues pilling up, unless you have …

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While not as troublesome as getting sued, receiving a subpoena can cause major headaches for business owners and other professionals. The austere text of a subpoena makes compliance sound non-negotiable. In fact, the recipient of a subpoena has many options to avoid or modify its commands, a…

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Most business owners assume that their bank will bear the loss of honoring a fraudulent check on their account. For years, that was a sound assumption. Article 4 of the Uniform Commercial Code, which governs bank deposits and collections, the default rule is that a bank can only charge an ac…