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Blogs

Stafford Rosenbaum lawyers author unique blogs on a diverse range of topics including franchise & distribution law, employment and labor law, municipal, and trust and estates law.

These publications are intended for general information purposes for the community and highlights recent changes and developments in the legal area. These publications do not constitute legal advice, and the reader should consult legal counsel to determine how this information applies to any specific situation.

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Filed Under: Appellate Law Government Relations

State Can Raise New Argument in Civil Forfeiture Action, Even After Dismissing Criminal Charges

By Stafford Rosenbaum

Some civil and criminal cases rely on indistinguishable facts. However, a recent Wisconsin Court of Appeals decision – Wisconsin v. Scott, et. al., 2017AP1345 – demonstrated that the parties need not make indistinguishable arguments in each case. In 2016, police seized drugs, money and vehicles pursuant to a search warrant for the Scotts’ property. However, it […]

May 08, 2019 in Blogs
Filed Under: Employment & Labor Law

Employers Must Now File EEO-1 Component 2 Data By September 30, 2019

By Stafford Rosenbaum

A district court has ordered that employers covered by EEO-1 reporting requirements must submit 2018 wage and hour data for their workforces by September 30, 2019.  The EEOC has also determined that 2017 wage and hour data must also be reported by September 30, 2019.  Employers will submit these reports as “Component 2” of the […]

May 07, 2019 in Blogs
Filed Under: Employment & Labor Law

Employers Beware: Governor to Focus on Rooting Out Misclassification of Independent Contractors

By Stafford Rosenbaum

Figuring out whether you can lawfully classify a worker as an independent contractor can be complicated.  There are different standards for different laws.  In Wisconsin, worker’s compensation and unemployment compensation laws each have their own definition of “independent contractor.”  There is yet a different test for the purposes of wage and hour laws.  Employers may […]

Apr 26, 2019 in Blogs
Filed Under: Employment & Labor Law

Under Federal FMLA, Employers Cannot Allow Employees to Exhaust Other Paid Leave

By Stafford Rosenbaum

The National Labor Relations Act protects employees—even those in non-union workplaces—engaged in protected concerted activity for the purposes of mutual aid and protection.  But what does “concerted” activity mean?  A recent National Labor Relations Board decision, Alstate Maintenance, 367 NLRB No. 68, helps define the contours of the term. In Alstate, the employer provided skycap services at an airport.  […]

Apr 23, 2019 in Blogs
Filed Under: Employment & Labor Law

NLRB Further Defines Concerted Activity

By Stafford Rosenbaum

The National Labor Relations Act protects employees—even those in non-union workplaces—engaged in protected concerted activity for the purposes of mutual aid and protection.  But what does “concerted” activity mean?  A recent National Labor Relations Board decision, Alstate Maintenance, 367 NLRB No. 68, helps define the contours of the term. In Alstate, the employer provided skycap services at an airport.  […]

Apr 16, 2019 in Blogs
Filed Under: Intellectual Property & Entertainment Law

Entertainment Law: Why Creative Professionals Need an Attorney

By: Attorney Margaret Lund

As a filmmaker, writer, musician, photographer, visual artist or other creative professional, your core business is developing your craft and your work.  But the business of being a creative professional requires the assistance of attorneys who are knowledgeable about your creative work and industry.  An attorney with this background can assist you with certain key legal services […]

Apr 11, 2019 in Blogs
Filed Under: Employment & Labor Law

Workplace Civility Rules Upheld by National Labor Relations Board

By Stafford Rosenbaum

In the wake of the National Labor Relations Board’s (the Board) decision in Boeing Co., 365 NLRB No. 154 (Dec. 14, 2017), the office of the Board’s General Counsel recently released a memo finding that a company’s “Commitment to My Co-Workers” policy was a lawful workplace-civility rule.  The policy required workers to, among other things, maintain healthy relationships with […]

Apr 09, 2019 in Blogs
Filed Under: Family Law

Changes Likely to Wisconsin Child Placement and Support Laws

By: Attorney Tiffany Highstrom

In 2018, Stafford Partner, Tiffany Highstrom, was appointed to the Wisconsin Legislative Council’s Study Committee on Child Placement and Support. The Committee includes legislators and citizens with special knowledge on a given subject. Committees are often tasked with drafting legislation, which they then present to the Council. If a majority of the Council approves the […]

Apr 04, 2019 in Blogs
Filed Under: Employment & Labor Law

Words Can Hurt You – Failing to Stop Rumors Can Lead to Liability for Sexual Harassment

By Stafford Rosenbaum

Brian Butler, an attorney with Stafford Rosenbaum LLP, has been named a Top 50 Wisconsin Super Lawyer. He was also named the Lawyer of the Year 2012 in Litigation – Antitrust – Madison by Best Lawyers.

Apr 01, 2019 in Blogs
Filed Under: Employment & Labor Law

DOL Proposed Overtime Regulations That Increase the Salary Threshold

By Stafford Rosenbaum

Stafford Rosenbaum is pleased to announce that Connie Anderson, Lawrence Clancy, and Michael Lund have been named “2013 Top-Rated Lawyers in Real Estate Law” by American Lawyer Media and Martindale-Hubbell™.

Mar 20, 2019 in Blogs
Filed Under: Employment & Labor Law

Employee Not Covered by the FMLA Gets Day in Court Due to Employer Representations

By Stafford Rosenbaum

InBusiness Magazine names Stafford Rosenbaum LLP to the Gold level in its “Best Companies to Work For”. Of the 35 businesses recognized on this list, only three were awarded this highest category.

Mar 19, 2019 in Blogs
Filed Under: Municipal Law

Scabby the Rat is Deflated

By Stafford Rosenbaum

Daphne Webb, an attorney with Stafford Rosenbaum LLP, has again been named the Best Lawyers Lawyer of the Year for Family Law Mediation in Madison and a Top 25 Women Wisconsin Super Lawyer. In addition, National Trial Lawyers named her as a Top 100 Wisconsin Trial Lawyer. Ms. Webb appears on the front cover of the Wisconsin 2011 edition of Super Lawyers magazine and in a featured article in the magazine.

Mar 07, 2019 in Blogs
Filed Under: Intellectual Property & Entertainment Law

Copyright 101 for Businesses and Artists

By: Attorney David Billing

Six parties including the City of Appleton, CBC Coating, Inc., Menasha Corporation, the Neenah-Menasha Sewerage Commission, U.S. Paper Mills Corp., and WTM I Company announced that there has been a $54 million settlement of certain claims related to the Lower Fox River and Green Bay Site.

Mar 01, 2019 in Blogs
Filed Under: Appellate Law

Seventh Circuit Reminds That Failure to Timely Plead an Affirmative Defense Can Be Fatal

By Stafford Rosenbaum

The New Wisconsin Trust Code (WTC) will take effect date of July 1, 2014. The new WTC offers greater flexibility in managing trusts, makes it easier to modify or terminate trusts, reduces the need for court involvement and may provide new opportunities in estate planning.

Feb 27, 2019 in Blogs
Filed Under: Appellate Law

Wisconsin Supreme Court Weighs in on Defense Costs Dispute Between Liability Insurers

By: Attorney Bruce Huibregtse

Michelle Andler, Stafford Rosenbaum's Director of Administration, has been appointed to the Wisconsin State Bar's Insurance and Member Benefits Committee for a one-year term.

Feb 26, 2019 in Blogs
Filed Under: Employment & Labor Law

NLRB Revises Independent Contractor Standard

By Stafford Rosenbaum

Stafford Rosenbaum is pleased to announce that Attorney Tiffany L. Highstrom has joined the firm's Madison office as Senior Associate in the firm's Family Law practice.

Feb 22, 2019 in Blogs
Filed Under: Appellate Law

Stafford Helps Municipalities Preserve “Discretionary” Immunity in Wisconsin Supreme Court

By: Attorney Kyle Engelke Attorney Ted Waskowski

Stafford Rosenbaum receives three United Way Partners for Change awards. Among Madison law firms, Stafford Rosenbaum was awarded:Highest Increase in Dollars Raised; Highest Percent in Participation; and Highest Percentage Increase in Participation.

Feb 18, 2019 in Blogs
Filed Under: Employment & Labor Law

Employers’ Obligations When Using Third Parties to Conduct Background Checks

By Stafford Rosenbaum

Stafford Rosenbaum has been named by InBusiness magazine as a “Best Companies to Work For.”

Feb 15, 2019 in Blogs
Filed Under: Appellate Law

Wisconsin Supreme Court Confirms Limited Liability Exposure For Banks Upon Embezzlement By Employees

By: Attorney Richard Latta

Stafford Rosenbaum attorney, Holly Wilson, featured in the Wisconsin Law Journal's "Asked and Answered" column. Holly is an associate in the firm's Madison office.

Feb 14, 2019 in Blogs
Filed Under: Appellate Law

Seventh Circuit Throws Ice Cold Water on Attempt to Undo Adverse State Court Decision

By Stafford Rosenbaum

Denasha Scott and James Egle of Stafford Rosenbaum will be presenting “Wisconsin Case Law in a Nutshell: 10 Decisions Every Business Lawyer Should Know” at the Wisconsin Chapter of the Association for Corporate Counsel’s Annual Conference on May 16th in Elkhart Lake. Ms. Scott is a partner in the firm's Milwaukee office. Mr. Egle is a partner in Stafford's Madison office.

Feb 07, 2019 in Blogs
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