Litigation
Recent Wisconsin Supreme Court Decision Clarifies “Substantial Variance” Standard Impacting Real Estate Brokers and Sellers.

Recent Wisconsin Supreme Court Decision Clarifies “Substantial Variance” Standard Impacting Real Estate Brokers and Sellers.

On May 10, 2018, the Wisconsin Supreme Court released a game changing decision in McNally v. Capital Cartage, Inc., 2018 WI 46 impacting the potential commission for real estate brokers as well as the obligations of brokers and sellers. The Court held that a substantial variance between a full price offer and the listing contract can be declared...

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New Wisconsin Court of Appeals Decision Highlights the Importance of Policy Language in Determining When Umbrella and Excess Insurers Have a Duty to Defend a Claim Against an Insured

New Wisconsin Court of Appeals Decision Highlights the Importance of Policy Language in Determining When Umbrella and Excess Insurers Have a Duty to Defend a Claim Against an Insured

By Todd Farris & Ted A. Warpinski Comprehensive general liability policies (CGL) typically provide protection against both claims for monetary damages (the “duty to indemnify”) and the cost of retaining legal counsel to provide a defense to claims (the “duty to defend”). The insurer has a duty to defend a claim that is arguably covered by the...

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Another Federal Decision Broadens Trademark Protection

Another Federal Decision Broadens Trademark Protection

By Ryan M. Wiesner The courts have been busy lately reviewing federal trademark law. Understanding new decisions and recent trends is important for every growing business, since company brands, logos, and slogans are oftentimes its most valuable assets. Recent federal cases have broadened the types of trademarks that can be protected under...

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U.S. Court of Appeals Upholds OSHA’s New Rule Limiting Exposure to Silica

U.S. Court of Appeals Upholds OSHA’s New Rule Limiting Exposure to Silica

As we near the 2018 peak season for many construction projects, it is important for contractors to ensure adherence to OSHA’s new silica rules which were upheld by the U.S. Court of Appeals for the District of Columbia Circuit Court on December 22, 2017. OSHA began enforcing the new rules for standard construction as of September 23, 2017. For...

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Wisconsin Supreme Court Clarifies Enforceability of Non-Solicitation Agreements

Wisconsin Supreme Court Clarifies Enforceability of Non-Solicitation Agreements

By Anthony J. Steffek The Wisconsin Supreme Court has issued its decision in Manitowoc Company, Inc. v. Lanning, 2018 WI 6, a highly anticipated ruling focusing on the enforceability of non-solicitation agreements between Wisconsin employers and employees. This decision should prompt a review of your non-solicitation agreements to ensure they...

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Wisconsin Supreme Court Clarifies Enforceability of Non-Solicitation Agreements

Workplace Privacy – Where and When?

By Anthony J. Steffek Recent news stories discussed a Wisconsin company that began offering employees the opportunity to have microchips implanted in their hands, with such chips being used to swipe into the building, pay for cafeteria meals, etc. These stories made me think of the myriad of concerns that could arise upon execution of such a chip...

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Wisconsin Court of Appeals Upholds Right-to-Work Law

Wisconsin Court of Appeals Upholds Right-to-Work Law

By Ryan M. Wiesner The Wisconsin Court of Appeals recently upheld Wisconsin’s right-to-work law in its September 2017 decision in International Assoc. of Machinists District 10 and its Local Lodge 1061 v. State of Wisconsin, 2017 WI App 66. The decision is seen by some as a victory for Wisconsin workers, while others consider it a defeat for...

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