Publications
A Unanimous Supreme Court Decides — If Your Copyright Registration Application is Still Pending, You Cannot Sue for Infringement

A Unanimous Supreme Court Decides — If Your Copyright Registration Application is Still Pending, You Cannot Sue for Infringement

By: Joseph S. Heino and Erin E. Kaprelian Yesterday, the United States Supreme Court brought U.S. copyright law in line with U.S. patent law and U.S. trademark law.  Specifically, the Court held that, in order to sue for copyright infringement, the copyright owner now needs to have his or her Federal Copyright Registration in hand before gaining...

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Milwaukee Business Journal’s Table of Experts: Ready to Work

Milwaukee Business Journal’s Table of Experts: Ready to Work

Davis|Kuelthau labor and employment attorney, Laurie E. Meyer recently sat down with Saul Newton, Founder of the Wisconsin Veterans Chamber of Commerce, Bill Ball, President of the Grunau Company, and Tom Palzewicz, Business coach and partner at ActionCOACH to discuss veterans and the workforce. Specifically, they addressed the challenges...

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When Trademark Rights and Bankruptcy Collide

By: Sherry D. Coley and Tiffany E. Woelfel Toys “R” Us, Payless, The Limited, Bloomingdale’s, Sears, Shopko. Almost every month brings news of another large company declaring bankruptcy. But what happens to you if you are currently a business partner to a company that declares bankruptcy? How are your rights affected? This article will address...

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Estate Planning For Your Pets

Estate Planning For Your Pets

By: Jacqueline L. Messler Do you have a friend or family member who is that pet owner? Expensive toys. Over the top sweaters.  Facebook or Instagram account filled solely with pet pictures. Maybe you are that pet owner if you are reading this article. It’s ok. I have a professional reason to care about estate planning for your pets, and a...

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U.S. Nearing Approval to Abandon Ban on Nursing Home Arbitration Agreements

By: D|K's Health Care Team The White House is nearing approval of a regulatory change that would allow pre-dispute arbitration agreements in nursing homes participating in Medicare or Medicaid. On January 30, 2019, the White House Office of Management and Budget (OMB) began the review of a final rule (first published June 8, 2017) that would...

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New Wisconsin Supreme Court Decision Scales Back the Consequences of One Insurer’s Breach of the Duty to Defend Where Multiple Carriers Provide Overlapping Coverage

New Wisconsin Supreme Court Decision Scales Back the Consequences of One Insurer’s Breach of the Duty to Defend Where Multiple Carriers Provide Overlapping Coverage

By: Todd Farris, Ted A. Warpinski and Christopher M. Meuler Steadfast Insurance Company v. Greenwich Insurance Company, 2019 WI 9, decided by the Wisconsin Supreme Court on January 25, 2019, adds fire to the ongoing debate among insurance coverage counsel about the consequences of an insurer’s breach of the duty to defend.  Does the decision...

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Is Your Rental a Business? IRS Proposed Revenue Procedure Providing Safe Harbor Election for Rental Real Estate Enterprises

Is Your Rental a Business? IRS Proposed Revenue Procedure Providing Safe Harbor Election for Rental Real Estate Enterprises

By: Mark G. Kmiecik On January 18, 2019, the IRS issued notice 2019-07 outlining a proposed revenue procedure, whose purpose was to address the uncertainty over whether a rental real estate enterprise is a “trade or business” under Section 199A of the Internal Revenue Code. To mitigate this uncertainty, the proposed revenue procedure provides for...

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Secret Sales Still “On Sale” For Patent Purposes

Secret Sales Still “On Sale” For Patent Purposes

By: Erin E. Kaprelian and Joseph S. Heino On January 22, 2019, the U.S. Supreme Court handed down its decision in Helsinn Healthcare S.A. v. Teva Pharmaceuticals Inc. The Helsinn case asked whether a sale of an invention to a third party, where the third party is required to keep the invention confidential, places the invention “on sale” under...

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It’s Not Always Just “Boilerplate”: Know Your Choice of Forum Provisions

It’s Not Always Just “Boilerplate”: Know Your Choice of Forum Provisions

By: Timothy J. Feldhausen Clients often ask if the terms of an existing contract can be amended if all the parties agree to the revision. Contracts are amended all the time. Circumstances change.  Business parties evolve and priorities shift. As long as all the parties agree to the change, you can “chart a new course” so to speak.   When you do...

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