Publications
Are Changes Set to Come for Wisconsin’s Employment Laws?

Are Changes Set to Come for Wisconsin’s Employment Laws?

By: Abby S. Busler The fall session of the U.S. Supreme Court is in full swing and has commenced a review of timely cases related to labor and employment law.  In particular, two cases were granted certiorari and will be decided during this upcoming term. First, the U.S. Supreme Court will hear a case regarding the Age Discrimination in...

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New Wetlands Permit Exemptions May Help Projects Avoid Getting Bogged Down

New Wetlands Permit Exemptions May Help Projects Avoid Getting Bogged Down

By: Ted A. Warpinski As many landowners, developers and builders know, having to obtain a permit to dredge or fill wetlands can cause substantial delays and increased costs. Some relief is now in sight with the recently enacted Wisconsin Act 183, which became fully effective on July 1, 2018. If the exemptions apply, all that is required is a...

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Wisconsin’s Small Condominium Law – A Potential Tool to Work Around Local Certified Survey Map Approval and Minimum Lot Size Requirements

Wisconsin’s Small Condominium Law – A Potential Tool to Work Around Local Certified Survey Map Approval and Minimum Lot Size Requirements

By: Todd Farris and Michael Van Someren Sometimes a municipality’s certified survey map approval authority, minimum lot size requirements, or building setback requirements can present an obstacle to an owner’s desire to sell part but not all of his or her property.  Whether it is vacant land, a retail shopping center, or a mixed-use project, a...

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Liquidated Damages for Delay: Contract Considerations for Owners and Contractors

Liquidated Damages for Delay: Contract Considerations for Owners and Contractors

By: Elizabeth K. Miles Construction contracts often include a clause that identifies a stipulated or “liquidated” damage amount for unexcused delay.  These clauses assess a fixed sum for each day of delay, thereby relieving the owner from proving its actual damages caused by delay.  Although generally thought to protect the owner, liquidated...

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Handbooks after Boeing–Reasonableness in the NLRB?

By: James M. Kalny Regardless of whether a company is unionized it is subject to Section 7 of the National Labor Relations Act (the “Act”) which guarantees employees the right: to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted...

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More Pitfalls for the Unaware Patent Litigator – Early and Clear Notice of Patent Invalidity Needed in Order to Obtain Attorney’s Fees

By: Davis|Kuelthau's Intellectual Property Team Hot on the heels of the Court of Appeals for the Federal Circuit (CAFC) ruling that patent trial discovery conduct can result in the invalidating an otherwise valid patent (Regeneron Pharmaceuticals, Inc. v. Merus N.V. (Fed. Cir. 2017)), the CAFC held on June 11, 2018 that a failure of one party to...

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Wisconsin Supreme Court Holds That Wisconsin Fair Employment Act Requires Proof That Employer Intended to Discriminate Because of Disability

Wisconsin Supreme Court Holds That Wisconsin Fair Employment Act Requires Proof That Employer Intended to Discriminate Because of Disability

By Dillon J. Ambrose & Laurie E. Meyer In Wisconsin Bell v. Labor and Industry Review Commission, et al., decided on June 26, 2018, the Wisconsin Supreme Court made substantial changes to the burden of proving employment discrimination under the Wisconsin Fair Employment Act (“WFEA”). In doing so, the Court departed from a long line of cases...

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Supreme Court Holds Lost Foreign Profits Can Be Included in Damages Calculation

Supreme Court Holds Lost Foreign Profits Can Be Included in Damages Calculation

On June 22, 2018, the Supreme Court issued its ruling in WesternGeco LLC v. ION Geophysical Corp. This case centered around the question of whether, under the damages provisions of the Patent Act, a patent owner can recover for lost foreign profits when components of a patented invention are shipped overseas for assembly and use. Justice Thomas,...

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