Articles
What Does the Indemnification Clause in My Contract Mean?
Indemnification provisions provide an important tool to parties seeking to allocate the risk of third-party damages and liabilities when contracting. When reviewing a contract, most people understandably first consider things like deadlines, pricing information, and...
Wisconsin’s Home Improvement Code Protects Homeowners When Remodeling
There has been a significant increase in home remodeling projects since the pandemic began over a year ago, and many people choose to hire a contractor to assist them. Not all contractors provide written contracts with the details of the project, such as total costs,...
What is a Title Commitment?
In almost every real estate transaction title work will be ordered and a title commitment will be provided to the parties to review prior to closing. A title commitment is a document that provides information pertaining to the property that is subject to the...
Wisconsin Expands Ability to Activate Powers of Attorney for Health Care
Wisconsin is facing a shortage of primary care doctors, particularly in rural areas. According to a report by the Wisconsin Council on Medical Education and Workforce, there is expected to be a shortfall of 745 primary care doctors by 2035, in large part due to...
The Purpose of a Tax ID Number for an Estate
For those who are unfamiliar with estate and probate administration, the need for a separate tax identification number can be confusing. Most people are familiar with the idea that when you file your individual tax returns each year, you need to include your social...
OSHA Speaks: Updated Workplace Guidance for Employers Concerning COVID-19
Although the Wisconsin Supreme Court ruled on March 31, 2021 that the Governor’s successive masking orders were unlawful, employers in Wisconsin have been uncertain about their duties, under the Occupational Safety Health Act (OSHA), to maintain a safe workplace...
Completing LLC Organization Through Agreements
You have made the decision to start your own small business. That is great news! But what steps should you take now to properly organize your limited liability company? In Wisconsin, the first step of limited liability company formation is to decide on a name and file...
Harassment Restraining Orders: What You Need to Know.
Harassment restraining orders are appropriate when another person threatens, attempts or does strike, shove, kick or otherwise subjects you to physical contact; or repeatedly acts in a harassing or intimidating manner toward you for no legitimate purpose. These types...
When $100,000 is not $100,000 – Understanding Underinsured Motorist Limits in Wisconsin
Any regular reader of our newsletter, or attendee of our seminars, has heard the repeated importance about having enough underinsured motorist coverage (UIM) to protect yourself if you’re injured in an auto collision. UIM coverage provides a pot of money to...
Employers in Early 2021: Review, Revise and Communicate FFCRA Leave and Vaccine Policies
Although the succession in presidential administrations from Trump to Biden will almost certainly bring many changes to employment and labor law rules and regulations in 2021, the more immediate concern for Wisconsin employers is to review and, if necessary, revise...
Defective Home Construction? Know Your Rights and Responsibilities
Are you thinking it is time to build your new dream home or do some remodeling to your existing home? Are you a busy homebuilder just trying to keep up? In either case, you should be aware of a Wisconsin statute that sets out procedures for addressing defects that...
Transfer on Death Deeds
As you begin to think about the best structure for your estate plan, you are likely guided by one thought, which is how do I avoid probate? The consensus about probate is that it can be costly and time consuming. For that reason, many people structure their estate...
What Happens if a Minor Inherits Money in Wisconsin?
When an individual dies, their assets are distributed to their beneficiaries through a variety of procedures depending on their estate planning choices. The most common beneficiaries of an estate are either a surviving spouse or the adult children of older parents....
Contractors Beware – the Theft by Contractor Statute Imposes Stiff Penalties
Wisconsin has codified a “Theft by Contractor” statute under Wis. Stat. § 779.02(5) which imposes stiff penalties if violated. There are several potential penalties for violating this statute. If such a claim is proven, a contractor could be subject to criminal...
My Garage Is Bigger Than Yours
As of late, Wisconsin courts have been grappling with one of the most important questions facing the nation: What is a garage? Is it defined by size or exterior proportions? Do the construction materials define what it means to be a garage? Attached or detached? Is it...
The COVID Trials
The constitutional right to a jury trial does not take a back seat to coronavirus (COVID-19.) Yet, COVID-19 has impacted the ability of courts to supply juries for trial. The Seventh Amendment codifies the right to a jury trial not only for criminal trials, but in...
Employees’ Voting Rights in Wisconsin
With in-person national, state and local partisan voting set for Tuesday, November 3, 2020, it is timely for employees and employers to review Wisconsin law with respect to voting rights. An employer must allow an employee to be absent from work to vote in a political...
TIF – A Development Tool for New and Expanding Businesses
My litigation practice has taken me into many areas of law in my career, including handling matters for both municipal and business clients that involve tax incremental financing (TIF.) Despite these turbulent economic times, new and existing businesses as well as...