Publications
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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Is it an Employment Agreement or a Deferred Compensation Plan? It could be both.

By D|K's Labor and Employment Team Deferred compensation rules under Internal Revenue Code Section 409A cover a broad range of post-employment payment arrangements. Do you have a deferred compensation plan hiding in an employment contract or employee handbook? Internal Revenue Code Section 409A provides detailed rules applicable to deferred...

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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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Encino Motorcars: Positive FLSA Implications for Employers

Encino Motorcars: Positive FLSA Implications for Employers

By James M. Kalny On April 2, 2018, in Encino Motorcars, LLC v. Navarro, No. 16-1362 (Encino), the Supreme Court of the United States ruled in a 5/4 decision that auto dealer employees who set up service appointments (Service Advisors) are exempt from the Fair Labor Standards Act (FLSA). While the specific holding of Encino is limited to the auto...

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New School Safety Legislation in Wisconsin

New School Safety Legislation in Wisconsin

By Abby S. Busler In the aftermath of multiple school shootings across the country, Wisconsin lawmakers took action this past week in an effort to improve safety in Wisconsin Schools. On March 26, 2018 Governor Scott Walker signed into law provisions calculated to improve school safety. The new laws are backed by substantial grant monies for...

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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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Wisconsin Legislature Closes Temporary Employee “Loophole”

Wisconsin Legislature Closes Temporary Employee “Loophole”

By Bruce B. Deadman The Wisconsin Court of Appeals recently identified a loophole in the “grand bargain” which impacts all Wisconsin employers who use a staffing agency to provide them with temporary employees, or who “borrow” employees from another employer. Fortunately, the Legislature acted with unusual speed to close that loophole. In Estate...

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