Under a federal statute known as the False Claims Act, whistleblowers with knowledge of overcharges or other fraudulent activity directed at the federal government may be entitled to substantial monetary rewards through lawsuits known as qui tam cases. The monetary rewards authorized by the False Claims Act provide those who have valuable information about government […]
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On June 12, 2014, the United States Supreme Court held that funds in an inherited individual retirement account (IRA) are not “retirement funds” within the meaning of the Bankruptcy Code, and therefore such funds are not exempt from creditor claims in bankruptcy proceedings. Ordinarily, when a debtor files for bankruptcy relief, his or her legal […]
Wisconsin Act 76 went into effect on March 1, 2014. This Act makes numerous changes to Wisconsin’s landlord/tenant law, Chapter 704 of the Wisconsin statutes. There are a number of changes that have an immediate impact on the ordinary course of a landlord’s business that landlords and their counsel should consider. First, Wis. Stat. § […]
It has been estimated that more than 90% of all information created today is stored electronically. This electronically stored information, or ESI, is crucial information in most business disputes. The Federal Rules of Civil Procedure were amended in 2006 to address ESI, and additional amendments to these federal e-discovery rules have been proposed that could […]
As reported in the Milwaukee Journal Sentinel, State Rep. Evan Goyke (D-Milwaukee) introduced five bills designed to alleviate what Rep. Goyke considers ongoing problems arising from the housing crisis that began in 2008. Lenders and their counsel would be wise to pay careful attention to a number of the bills in the package, as they […]
Wisconsin’s so-called “Lemon Law” statute, § 218.0171, Wis. Stats., has long been considered the most consumer-friendly Lemon Law in the country. The statute itself, and the numerous appellate court decisions which interpret it, made it extremely difficult for motor vehicle manufacturers who sold or leased new motor vehicles in Wisconsin to comply with the law […]
On July 5, 2013, a new piece of consumer protection legislation was enacted in Wisconsin. The new law, 2013 Wisconsin Act 24, takes effect on January 1, 2014. It creates Wisconsin Statute section 100.65, which is similar to a provision of the Illinois Home Repair and Remodeling Act. It will apply to consumer contracts for […]
Arbitration is a procedure used in the resolution of legal disputes outside of the traditional court system. In arbitration, the parties agree to submit their disputes to one or more persons, known as “arbitrators” or an “arbitration panel.” An arbitrator is someone, usually a former judge or a lawyer with significant experience in an area […]
Effective July 2, 2013, Wisconsin eliminated its Building Contractor Registration Program.[1] The Building Contractor Registration Program was eliminated in connection with the passage of Wisconsin’s Biennial Budget Act. A new statute was also enacted that prohibits the Department of Safety and Professional Services from creating or enforcing any administrative rule that would require any person […]
Historically, if a person is no longer able to make decisions regarding their health or finances, one had to commence a legal proceeding to have the person declared incompetent. The court then appointed a guardian and, to some degree, played a supervisory role over the guardian’s decisions and actions. People often created Powers of Attorney […]
