Publications

Kenosha Unified School District Settles Transgender Lawsuit

By D|K's School and Higher Education Team As reported by media on January 9, 2018, the Kenosha Unified School District announced that it plans to withdraw its petition for certiorari based on a settlement in the transgender case Whitaker v. Kenosha Unified School District. As background, on May 30, 2017, the Seventh Circuit Court of Appeals...

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Fixing Irrevocable Trusts

Fixing Irrevocable Trusts

By Jacqueline L. Messler When estate planners meet with clients to review their estate plan, it is very common to run across clients who created irrevocable trusts in the 1980s, 90s, or early 2000s. The goal in creating these irrevocable trusts was often to reduce the size of the client’s estate to avoid estate tax. Now that fewer people are...

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Menards Saves Big Money With Independent Contractor Decision from NLRB

Menards Saves Big Money With Independent Contractor Decision from NLRB

By Bruce B. Deadman Over the last few years, we’ve penned several Client Alerts concerning the (usually rough) treatment state and federal agencies have given businesses who have tried to treat workers as independent contractors rather than employees. The “alphabet” agencies (IRS, DOL, OFCCP, UC and others) generally take a dim view of...

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Workplace Privacy – Where and When?

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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Purchasing LLC Membership Interests vs. Real Estate: Pros and Cons

Purchasing LLC Membership Interests vs. Real Estate: Pros and Cons

By Michael Van Someren & Joseph E. Tierney, IV When a real estate transaction closes in Wisconsin there is a transfer fee that must be paid to the State of Wisconsin which is equal to 0.3% of the purchase price. Additionally, the sale price is factored into the assessed value of the real estate. Unfortunately, this often means that after...

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Employer Accommodation Obligations Differ Under Federal and State Law

Employer Accommodation Obligations Differ Under Federal and State Law

By Robert W. Burns Two recent cases serve to highlight important differences between the obligations employers face under federal and Wisconsin disability discrimination laws. Wisconsin employers need to be cautious and take those differences into account when making employment decisions. In Severson v. Heartland Woodcraft, Inc., a case decided...

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New Partnership Audit Rules for 2018

New Partnership Audit Rules for 2018

By Mark G. Kmiecik & Danielle Snyder Fadel The new partnership audit rules under the Bipartisan Budget Act of 2015 (the “BBA Rules”) are scheduled to go into effect on January 1, 2018 for partnerships with a calendar year. The BBA rules signal a marked change in the way entities that are classified as partnerships for federal income tax...

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