Quantcast
Home / Commentary / Columns (page 5)

Columns

Plaintiffs’ standing would be a good thing

Whatever the Wisconsin Supreme Court ultimately decides on whether or not the domestic partnership registry is constitutional, it would be very unfortunate if that decision is delayed based on a holding that the plaintiffs in Appling v. Doyle lack standing ...

Read More »

FINRA warns about leveraged, inverse ETFs

FINRA (the Financial Industry Regulatory Authority) has warned financial services firms that non-traditional exchange-traded funds (ETFs) are unsuitable for retail investors who plan to hold them for more than one day (a trading session), particularly in volatile markets. Let’s examine ...

Read More »

Can I talk about the time when he…?

Your client recently terminated Marvin’s employment because it believed he falsified company records. Marvin has since sued, alleging that he was retaliated against because of a previous lawsuit filed against the company. At the hearing, Marvin argues that he did ...

Read More »

Lawyers respond to Genrich decision

On July 7, the state Supreme Court looked at when the clock starts running on a wrongful death claim that results from medical malpractice. The majority court decision in Estate of Genrich v. OHIC Insurance Co., No. 2007AP541, written by ...

Read More »

Consider YouSENDit for sending large files

Ever have someone say, “I’ll e-mail you my pictures”? Then they end up sending you a series of e-mails, because the file size of the attachment(s) is so large that it exceeds what their e-mail provider will allow? Or it ...

Read More »

Clarifying e-filing of appellate briefs

Readers of the Wisconsin Law Journal’s July 10, 2009 article on appellate e-filing may come away with misimpressions of a number of key aspects of Wisconsin’s appellate e-filing system. Here’s some correction and clarification: Attorneys do not need to purchase ...

Read More »

An outrageous proposal to limit CCAP

Suppose you are considering dating a woman. But first you run her name through the Consolidated Court Automation Programs (CCAP), and based on what you find there, decide that wouldn’t be such a good idea. Suppose you own a duplex, ...

Read More »

Judicial discretion is ripe for review

Does the Wisconsin Court of Appeals read this column? Maybe; maybe not. But shortly after I wrote about the District I Court’s decision in Heppner v. Heppner, No. 2008AP2020 (Wis. Ct. App. May 5, 2009) (recommended for publication), the court ...

Read More »

Silver lining in clouds

Recently a reporter interviewed me concerning the environment that new law school graduates will face. It was the closest I’ll come to giving a commencement address, and quite frankly I believe the near-term outlook is not bright. There are major ...

Read More »

Ignore ‘The Business of Law’ at Your Peril

The New York Times recently examined the current down-at-the-heels atmosphere in a once-mighty Wall Street law firm, describing the “melancholy pall of diminished billable hours” now found throughout the firm’s deserted hallways. The article made clear that this could be ...

Read More »

So you think there is nowhere to turn?

The story was tragic, and provoked wide comment among lawyers and blawgers on the Internet. A 59-year-old lawyer who had in his career been a senior Justice Department official, had argued before the U.S. Supreme Court, and headed the appellate ...

Read More »

Never forget, you are always replaceable

I was asked to write this column from a “young lawyer’s” perspective, so that I might provide other young lawyers with valuable information. Although I definitely don’t claim to have all the answers, I will give it my best. I ...

Read More »

Even the smallest law firms can be sold

The global financial crisis has created fear and confusion for countless lawyers who, like many others, suddenly have seen nest eggs shrink dramatically and fear they may outlive them if they don’t continue working. The only way many lawyers see ...

Read More »

Pandemic preparedness in the workplace

Lately, it seems as though none of us is able to turn on the television or radio without hearing the words “pandemic” or “swine flu.” While parties continue to debate about the seriousness of the H1N1 virus, it certainly brings ...

Read More »