Publications

No Hidden Late Fees: Wisconsin Prohibits Residential Landlords from Charging Fees and Penalties for Late Rent Payment during the COVID-19 Pandemic

By: Blake A. Nold and Michael T. Van Someren The coronavirus pandemic has led to the vast majority of states across America issuing orders affecting the rights of landlords, tenants, and financial institutions. Here in Wisconsin, Governor Evers issued Emergency Order #15, placing a temporary ban on eviction actions from March 27, 2020 through May...

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Post COVID-19 Return to Work

By: Robert W. Burns and Bruce B. Deadman Amidst all the controversy and uncertainty as to when both “essential” and “non-essential” businesses will reopen, one thing is certain: at some point in the future all businesses who have survived the crisis will reopen. This article focuses on some of the employment law issues and challenges which...

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Supreme Court Rules Showing Willfulness Not Required for Award of Profits

Supreme Court Rules Showing Willfulness Not Required for Award of Profits

By: Erin E. Kaprelian The Supreme Court resolved a circuit split regarding whether a party whose trademark has been infringed must show that the infringement was willful in order to recover profits from the infringer. In Romag Fasteners, Inc. v. Fossil, Inc., the Court held that willfulness does not need to be shown in order for a party to...

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The Rise of Real Estate Funds – How Real Estate Investors Can Efficiently Raise Capital to Facilitate Development and Acquisitions

By: Michael Van Someren and Joseph E. Tierney IV Real estate funds have been on the rise in recent years for a variety of reasons including deregulation, low interest rates, investors seeking a higher return on investment, and a desire by many investors to invest in tangible assets rather than stocks and bonds. With recent economic fallout from...

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Strategies for Landlords in Dealing with Tenants in Light of COVID-19

By: Joseph E. Tierney IV and Michael Van Someren Tenant economic issues due to COVID-19 have been well publicized and programs have been put in place to help tenants. Landlords, on the other hand, feel much of the same pain but that pain has not been well publicized, nor has it been addressed by federal or state programs. While landlords appear...

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The Court of Appeals for the Federal Circuit Clarifies that Trademark Protection Is Available for “Graduated” and “Undefined” Color Schemes

By: Joseph S. Heino There are a number of famous colors that are trademark protected – such as the color brown, which is registered by UPS, and the color “robin egg blue”, which is registered by Tiffany & Co. This protection stems from the fact that such marks are “inherently distinctive”. That is, the colors have become so readily recognized...

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Special Education Considerations in the Virtual Education Setting

By: Anthony J. Steffek and Abby S. Busler In light of the recent extension of school closures through the end of this school year, this article will review additional guidance from the Department of Public Instruction (DPI) regarding the issue of Free Appropriate Public Education (FAPE) for special education students during virtual learning:...

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