When your Wisconsin-based interests are at stake.
Articles
- Congress Debates Limiting Estate Planning Technique: Now is a Good Time to Consider a GRAT
- August 17, 2010 | Posted by J.B. Koenings and Carl Holborn
- The grantor retained annuity trust (GRAT) has been a staple vehicle for estate planning since it was first introduced twenty years ago by the Revenue Reconciliation Act of 1990. A GRAT can effectively transfer property from a grantor to a beneficiary, while greatly reducing the amount of tax the grantor would otherwise owe on the gift, if the gift was transferred without a GRAT.
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- Seventh Circuit: Title VII Trumps Patient and Customer Racial Preferences
- July 30, 2010 | Posted by Timothy B. Caprez
- A recent Seventh Circuit Court of Appeals ruling makes clear that an employer's obligation under Title VII of the Civil Rights Act of 1964 to provide employees with a discrimination-free workplace takes precedence over patient or customer preferences regarding the race of employees from whom they receive services.
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- Texas Billionaire’s Death Triggers Renewed Estate Tax Debate
- July 19, 2010 | Posted by Megan Eisch and Carl Holborn
- For the first time in nearly 100 years, extremely wealthy individuals who pass away this year will leave enormous estates to friends and family tax-free.
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- Will Contests
- July 07, 2010 | Posted by Randy L. Nash
- In Wisconsin, any person of sound mind who is at least eighteen years old is presumed capable of making a will.
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- Wisconsin Repeals Bulk Transfer Law
- May 03, 2010 | Posted by Peter J. Faust
- Wisconsin has finally joined the vast majority of states who have repealed bulk transfer laws. The repeal of Wisconsin’s bulk transfer law, Chapter 406 of the Wisconsin statutes, became effective February 5, 2010.
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- Home Owners May See Lower Property Taxes due to Poor Real Estate Market
- April 28, 2010 | Posted by Claude J. Krawczyk
- This past week, the City of Milwaukee completed its annual revaluation of all homes and business properties for real estate tax assessment purposes and reported a 2.4% cumulative drop in property values from 2009 to 2010.
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- U.S. Supreme Court to Decide Whether Employees’ Verbal Complaints are Protected Under FLSA
- April 21, 2010 | Posted by Timothy B. Caprez
- The United States Supreme Court has decided to review a Fair Labor Standards Act (“FLSA”) case in which the U.S Court of Appeals for the Seventh Circuit held that an employee could not maintain an action for retaliation under the FLSA for his termination based upon his verbal complaints to his employer that the time clock was improperly placed to provide for accurate punch-ins and punch-outs.
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- COBRA Premium Subsidy Extended to May 31, 2010
- April 19, 2010 | Posted by Joseph E. Gumina
- On April 15, 2010, President Obama signed into law the Continuing Extension Act of 2010, which has once again extended the COBRA premium subsidy as provided for in the American Recovery and Reinvestment Act of 2009 (“ARRA”); this time the subsidy has been extended from March 31, 2010 to May 31, 2010.
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- Unmarried Couples Taking Advantage of the Homebuyer Tax Credit Should Understand Their Rights
- April 16, 2010 | Posted by Jason R. Scoby
- The Homebuyer Tax Credit is scheduled to expire soon. To take advantage of the tax credit, homebuyers must enter into a binding contract to purchase a home before May 1, 2010, and they must close on the home before July 1, 2010.
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- Estate Planning for Married Individuals with Children from a Prior Marriage
- April 12, 2010 | Posted by Carl D. Holborn
- Effectively drafting estate plans for married individuals with children from a prior marriage can be a challenge. Failure to properly plan can cause divisive family disputes.
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- Attorney Dean Laing and Laura Now Contribute Article to the ABA Health Law Litigation Newsletter
- April 07, 2010 | Posted by Laura J. Now
- The article, published in the American Bar Association, Section of Litigation, Committee on Health Law Litigation's Winter 2010 Health Law Litigation Newsletter, discusses the common law development of a radiologist’s duty to directly communicate his or her findings to a treating physician, and how the American College of Radiology’s attempt to provide guidance to radiologists by establishing communication guidelines, may not have had the effect that the ACR intended.
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- The Unexpected Real Estate Broker Commission
- April 05, 2010 | Posted by J. Miles Goodwin
- Many older home owners decide to downsize and move into smaller quarters. They then become not only buyers of a new property, but also sellers of the old homestead.
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- Clarifying the Tax Treatment of Gifts to Grantor Trusts in 2010 - Notice 2010-19
- April 02, 2010 | Posted by Joseph M. Maier
- Back in 2001, Congress passed the Economic Growth and Tax Relief Reconciliation Act (EGTRRA).
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- Not All Condominiums Are Created Equal
- March 29, 2010 | Posted by J. Miles Goodwin
- Many people fail to see the benefit of consulting with an attorney before making a residential condominium purchase.
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- Think You Know How Far You Have to Go for Your Employees? Think Again.
- March 26, 2010 | Posted by Timothy B. Caprez
- Two recent decisions have surprised both employers and legal analysts evaluating what measures employers must take under the law.
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- Health Care Reform Passes; Businesses Need to Start Planning for Implementation
- March 24, 2010 | Posted by Peter J. Walsh
- The Patient Protection and Affordable Care Act has been signed into law, and with certain modifications to be added through the House Reconciliation Act, health care reform is certain to have a substantial impact on American businesses in the years to come.
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- The Seventh Circuit Holds that Under the ADA Proof of Mixed Motive Will Not Suffice
- March 22, 2010 | Posted by Joseph E. Gumina
- The U.S. Court of Appeals for the Seventh Circuit, which oversees the federal district courts for Illinois, Indiana, and Wisconsin, recently held that an employee complaining of discriminatory discharge under the Americans with Disabilities Act (“ADA”) must now show that his or her employer would not have fired him “but for” his actual or perceived disability.
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- A Parent’s Obligation to Provide Health Insurance for Minor Children in Family Law Matters
- March 19, 2010 | Posted by Gregory S. Mager
- Wisconsin law already required courts in family law matters to assign responsibility for providing health insurance for minor children.
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- New FCC Ruling Affects Application Process for the Construction of Wireless Communication Facilities
- March 12, 2010 | Posted by Jason R. Scoby
- In an effort to “promote the deployment of broadband and other wireless services by reducing delays in the construction and improvement of wireless networks,” the Federal Communications Commission recently issued a ruling that affects the way in which state and local governments review applications to construct wireless communication facilities, such as cell phone towers and other similar structures.
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- Carryover Basis and the 2010 Estate Tax System
- March 01, 2010 | Posted by Joseph M. Maier
- The current state and uncertainty of the estate tax system has been a widely discussed, blogged and dissected topic since it became clear, late last year, that 2010 would be a “year without an estate tax.”
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- Legislation Moving Forward to Make Roth Conversions Viable in Wisconsin
- February 22, 2010 | Posted by Carl D. Holborn
- The Wisconsin State Senate unanimously approved a bill to allow residents of all income levels to convert a Traditional IRA into a Roth IRA without penalty.
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- Business Bankruptcy Options
- July 24, 2009 | Posted by Seth E. Dizard
- The three most common avenues available to corporate entities seeking relief from creditors are Chapters 7 and 11 of the U.S. Bankruptcy Code, and Chapter 128 of the Wisconsin State Statutes.
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- Managing Data in a Litigious World
- June 30, 2009 | Posted by Joseph E. Gumina
- Link to Blog
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- Workplace Diversity: Defining Success Goes Beyond Numbers
- June 19, 2009 | Posted by Joseph E. Gumina
- Link to Blog
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- Employment Contracts Again Before The Supreme Court
- June 27, 2008 | Posted by OCHD
- Employers who want to protect their customer base and their businesses often ask their employees to sign an agreement pledging not to solicit customers or compete in same area when they leave the employer.
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- Election Day Reminders For Employers
- June 27, 2008 | Posted by OCHD
- While for some it may not come fast enough, election days will soon arrive—September 9 for primary contests, November 4 for the general election.
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- E-Verify Modernizes the Employment Verification Process
- March 10, 2008 | Posted by OCHD
- The E-Verify system is the best available means for employers to maintain a legal workforce. E-Verify allows employers to confirm employment eligibility in seconds, virtually eliminates the hassle of social security number mismatch letters, and improves the accuracy of wage and tax reporting.
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- Must An LLC Be Represented By An Attorney In A Lawsuit?
- January 04, 2008 | Posted by OCHD
- The unauthorized practice of law is a crime which may result in fines or imprisonment and may be punished as a contempt of court.
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- Protecting Your Assets: Automobile Liability Insurance May Not Be Enough
- November 20, 2007 | Posted by OCHD
- All too often with serious automobile injury cases, there is inadequate insurance and, consequently, the injured party does not receive fair and reasonable compensation.
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- Make Sure You Ask For What You Want – Inspections, Testing, or Both
- September 07, 2007 | Posted by Robert J. Tess
- One of the smartest things a potential homebuyer can do in connection with the purchase of a new home is to have an inspection of the property conducted by a licensed home inspector prior to closing. Such inspections tend to be money well spent as they provide the potential homebuyer with a more detailed picture of the condition of the house and the various components and mechanicals that may be otherwise unknown to the untrained eye.
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- A Momentary Sigh of Relief for Land Contract Vendors in Wisconsin
- August 23, 2007 | Posted by John R. Schreiber
- The Wisconsin Court of Appeals, in Jakubow v. Lichosyt, 2007 WI App 150, recently addressed the interplay of competing interests to real property where a land contract is involved. The Court of Appeals’ analysis and determination of the parties’ respective rights should be comforting to land contract vendors in Wisconsin ... at least for the time being.
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- Wisconsin Court of Appeals Rules in Favor of OCHD’s Client
- July 20, 2007 | Posted by Dean P. Laing
- On July 3, 2007 the Wisconsin Court of Appeals issued a decision in favor of OCHD's client, Mitsubishi Heavy Industries America, Inc., in an appeal of a case arising out of the construction of Miller Park, home of the Milwaukee Brewers. That case involved the issue of which of Mitsubishi's insurers, Federal Insurance Company or Travelers Property Casualty Company of America, had the obligation to pay the attorney and expert fees incurred by Mitsubishi in defending the 2002 lawsuit filed against it by the Southeast Wisconsin Professional Baseball Park District.
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- Turning A Duplex Into A “Twindominium”
- July 19, 2007 | Posted by J. Miles Goodwin
- Some duplex owners have considered converting their properties into two unit condominiums, known as “twindominiums”. There are several legal steps and quite a bit of paperwork that must be completed in order to accomplish the conversion.
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- Inherited Retirment Funds are not Creditor Exempt
- June 28, 2007 | Posted by Russell C. Brannen, Jr.
- Chapter 815 of the Wisconsin Statutes provides that certain personal assets are exempt from judgment creditors, and these exemptions can be claimed by individuals when they file federal bankruptcy.
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- Microsoft Settlement Benefits Available Until June 30, 2007
- June 22, 2007 | Posted by Carl K. Buesing
- Wisconsin businesses, governments, and individuals who bought Microsoft software between December 7, 1993, and April 30, 2003, are entitled to receive benefits from a class action settlement with Microsoft, but they must act by June 30, 2007.
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- Real Property Tax Assessment Reversed by Court of Appeals
- May 08, 2007 | Posted by John R. Schreiber
- OCHD’s Real Estate and Construction Practice Group found recent success in obtaining a reversal from the Court of Appeals relative to a real property tax assessed by the Village of Menomonee Falls against an 80-plus unit apartment complex owned by a client.
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- Protecting the Enforceability of Your Marital Property Agreement in the Event of a Divorce
- May 02, 2007 | Posted by Gregory S. Mager
- In Wisconsin, people who are contemplating marriage or who are already married are permitted to enter into contracts with each other regarding their financial affairs to suit their needs and values and to achieve certainty, both during the marriage and in the event of a divorce. These contracts or marital property agreements are commonly known as pre- or post-nuptial agreements.
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- The Spirit of March Madness Touches All …
- April 26, 2007 | Posted by John R. Schreiber
- Current Wisconsin statutes make it illegal to bet on sports events, including office pools. However, recent bill of the Wisconsin Legislature proposes to decriminalize managing and participating in office sports pools by excepting sports office pools from the definition of a “bet” under Chapter 945.
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- Wisconsin’s New “Right to Repair” Law
- April 03, 2007 | Posted by Steven J. Slawinski
- Wisconsin recently enacted a "Right to Repair Law" that requires communication between homeowners and contractors in an attempt to resolve disputes before commencing a lawsuit.
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- A Pre-Closing Professional Inspection is Essential to Preserve Remedies for Home Defects
- March 29, 2007 | Posted by John R. Schreiber
- This article outlining a recent Wisconsin Court of Appeals decision illustrates how a pre-closing inspection can help a home buyer preserve all legal remedies if problems are discovered later.
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- Benefits Under Severance Plan Determined on Date Employee Stopped Working
- January 02, 2007 | Posted by Karla Maschmeier
- Originally published in the October 2006 issue of Society for Human Resource Management, this article reviews a court decision made by the Fifth Circuit Court of Appeals on a case involving an employee’s claim that he was entitled to severance benefits determined on the date he was informed that he was to be terminated, and not severance benefits determined on the date he actually stopped working.
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- ERISA Preempts State Law Claim for Breach of Contract Over ESOP Benefits
- January 01, 2007 | Posted by Karla Maschmeier
- Originally published in the October 2006 issue of Society for Human Resource Management, this article reviews a court decision by the Sixth Circuit Court of Appeals in a case involving an ESOP affected by a merger between Suburban Bancorp and Fifth Third Bank.
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- Pay Attention to Pension Protection
- December 15, 2006 | Posted by Karla Maschmeier
- This article, originally published in the December issue of OnBalance, the WICPA magazine, explains the major provisions of the Pension Protection Act of 2006.
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- The Risks of Excluding Part-Time and Seasonal Workers From Qualified Retirement Plans
- November 01, 2006 | Posted by OCHD
- Originally published in the October 2006 issue of Employee Benefit Plan Review, this article explains the importance of consider
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- Harassment – How to Protect Your Company and Yourself
- October 17, 2006 | Posted by OCHD
- This article answers some common questions about harassment in order to provide employers with the knowledge they need to properly react to a harassment situation.
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