Wisconsin Law Journal – WI Legal News & Resources Wisconsin Legal News & Resources

The world has been moving pretty fast lately; events are unfolding rapidly, and that can be unsettling.

Tagged with: coronavirus

Although I consider myself a movie buff, I typically dislike movies about lawyers and the legal system. For example, although Paul Newman (a great actor) was nominated for the Academy Award for playing a lawyer in “The Verdict”, I found the movie irritating (at best). Apparently, the rules against ex parte contact with the court were unknown to the script writers.

After a year of writing this column for the Wisconsin Law Journal, it is time to take a look back at the main issues for the year. This affords me the opportunity of taking another kick at such cats as seem to warrant another kick.

There is an urgent need for consistency throughout the country in how legal services are marketed and delivered.

An increasing number of construction owners are putting their trust in their employees as they plan for the future of their businesses, a trend evidenced by the exploding interest seen in the past five years in employee stock ownership plans.

Regardless of the size of a construction project, there are some common themes that reappear time and again when disputes erupt between the parties involved in the project.

Building codes and construction regulations have long shaped the minimum requirements for the safety of our built environment.

Technology permeates all aspects of our society, so recognizing how technology affects our roles as attorneys is critical to keeping pace with the world we live and work in.

Fasten your seat belts, 2020 is here and we predict it is likely to be a barn-burner festooned with all sorts of political chicanery, attack ads and half-truths — and maybe even some foreign meddling — as we march off to the polls for a bevy of elections, including a presidential one.

Following his appointment to the bench, Wisconsin Supreme Court Justice Daniel Kelly had dozens of his blog posts pulled down, including ones likening the nation’s safety net to indentured servitude and complaining President Obama’s 2012 re-election was a win for socialism, same-sex marriage, recreational marijuana and tax hikes.

Tagged with: Daniel Kelly Wisconsin Supreme Court

On Jan. 13, 2020, the Wisconsin Supreme Court will hear oral arguments on the question of who can be friends with a judge – at least in the cyber world. The implications of the case may affect the use of ESM (Electronic Social Media) by judges and bring into play the adage “bad facts make bad law”.

Tagged with: Family Law Gregg Herman

One statement family lawyers hear all-too frequently is, “I Googled the law and I know this is a 50-50 state!”

It’s common knowledge that almost all civil cases are resolved before trial. Sometimes, lawyers and parties are able to reach a resolution by direct negotiation. Often, it is necessary to use a mediator. Thus, the importance of an excellent mediation submission is crucial.

Tagged with: Alternative Dispute Resolution Patrick Fiedler

Judges are often asked for their views on what works and what doesn’t in the courtroom. This also extends to their thoughts on what persuades them and what persuades juries, and what doesn’t.

Tagged with: Alternative Dispute Resolution mediation Richard Sankovitz

The greatest change in the practice of family law in recent years has been the incredibly higher rate of resolution versus settlement.

Tagged with: Family Law Gregg Herman

Consider this: as recently as a year ago, the term “PFAS” was relatively unknown to many lawyers, engineers and other environmental professionals.

Tagged with: EPA

Employment disputes present special difficulties because of the strong emotions involved on both sides.

Tagged with: David E. Jones Employment mediation

Imagine this: You’re a lawyer representing one of many defendants in a new lawsuit. You receive an email from the plaintiff’s lawyers, addressed to you as well as counsel for 19 other defendants. All that’s in the email is a link to a Dropbox folder, which contains 20 sets of discovery requests (one to each defendant).

Tagged with: e-discovery Federal Rule of Civil Procedure Foley & Lardner Greg Heinen

On Oct. 22, the Wisconsin Supreme Court will hold a public hearing on a petition to amend the Supreme Court rule regarding mandatory GAL training.

Among the changes in the practice of family law over the years (and there have been many) none have been as significant as the transition of the practice from litigation focused to settlement focused.

Tagged with: Family Law Gregg Herman

The latest Marquette Law School poll should serve as a warning to President Donald Trump and encourage more Republicans to support reasonable limits on guns.

Tagged with: gun control

The Wisconsin Supreme Court does not accept many family-law cases (the last one, other than one regarding grandparent visitation, was McReath v. McReath, 2011 WI 66, 335 Wis.2d.643, 789 N.W. 89 eight years ago).

Almost a decade ago, McKinsey & Co. surveyed board directors about their level of understanding of the risks their companies faced, and stunningly, nearly one-third replied that they had limited or no understanding of their company’s risk profile.

Tagged with: Mindi Giftos security

If you're in the business of brewing (or any other advertising), be careful about trash talking the competition, even if what you are saying is "technically right."

Tagged with: 7th Circuit false advertising

Female judges from the country of Georgia recently visited Milwaukee to learn more about the U.S. judiciary, particularly to learn about how women support each other in the legal profession, to observe courtrooms in action, and to learn about how the law affects the lives of women and how it has advanced or hindered equality in the U.S.

Tagged with: Michael Best & Friedrich Reinhart Boerner Van Deuren

As Justice Shirley Abrahamson ends her tenure on the Wisconsin Supreme Court, after 43 years and more than 1,300 authored opinions, she leaves a rich legacy of legal scholarship, importantly including her support for government transparency.

Tagged with: Christa Westerberg Pines Bach Shirley Abrahamson

It is rare enough that the Wisconsin Supreme Court decides a family-law case (the last one of any significance was McReath eight years ago) and even more rare when the case involves issues of constitutional law. The court’s recent decision in Michels v. Kelsey, 2019 WI 57 also involves issues of the nature of family in our society and the effect of the legal system on families.

Two months ago, we applauded Attorney General Josh Kaul's proposal to strengthen Wisconsin's efforts to combat human trafficking, and called for bipartisan support to add positions at the Department of Justice to help with investigations.

Tagged with: human trafficking Josh Kaul

Eight states didn't wait for the U.S. Supreme Court to save them. The high court ruled last month to allow states to continue the destructive practice of partisan gerrymandering, but eight states already have — or voted to put in place last year — systems for taming their partisan spirits.

Tagged with: redistricting

The nation’s high court isn’t going to rescue Wisconsin or any other states from gerrymandered voting districts. Citizens are going to have to mend this themselves. And a renewed push to approve Assembly Bill 303 starts now. Call or write ...

Tagged with: gerrymandering redistricting U.S. Supreme Court