Publications
School Safety Plans and Access to School Buildings

School Safety Plans and Access to School Buildings

By D&K's School and Higher Education Law Team As the country watched the tragic events unfold in Newtown, Connecticut, on Friday, December 14, 2012, Wisconsin's school district employees, school students, and the public began to raise questions of their own about the school safety plans in place in their local school districts. Many also...

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Fiscal Cliff Avoided

Fiscal Cliff Avoided

By Gregory S. Sell The American Taxpayer Relief Act of 2012 (H.R. 8, as amended) (the "Act") was passed by Congress on January 1, 2013 and was signed into law by President Obama on January 2nd. The Act extends various tax rate cuts (the "Bush Tax Cuts") that were set to expire this year, which would have increased taxes for all taxpayers. The...

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Arbitrators’ Awards Arrive

Interest arbitrators' awards covering public safety employees have started to trickle in to the WERC. Public employers have struggled to balance the "two class" system of general and public safety employees that was the by-product of Acts 10 and 32. Many public employers seek to provide the same benefits to all employees. The first award, issued...

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The Patentability of Computer Software to be Revisited

The Patentability of Computer Software to be Revisited

By Joseph S. Heino On October 9, 2012, the Court of Appeals for the Federal Circuit issued an Order that will allow it to revisit the patentability of computer software. Specifically, the court ordered that the following issues be addressed: What test should the court adopt to determine whether a computer-implemented invention is a patent...

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Is Your Harassment Investigation…Harassing?

When conducting an internal investigation of a harassment complaint, employers typically instruct interviewees that they must keep the information discussed during the interview confidential so the employer can carry out a fair and accurate investigation. This warning typically is given to every employee who is interviewed or provides a written...

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Municipal Employee Representation During Employer Meetings After Act 10

By D&K’s School and Higher Education Law Team 2011 Wisconsin Act 10 (Act 10) dramatically changed public sector collective bargaining in Wisconsin, but it did not eliminate a municipal employee's right to representation during a meeting with the employer that might result in disciplinary action. Act 10 limited mandatory subjects of bargaining...

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Intro to Private Equity-Venture Investors Equity Dilution Issues (Part One)

When a private equity, venture capital or other venture investor firm is considering an investment in a target company, the venture firm will consider whether a one time capital infusion will be sufficient for the venture firm to achieve its return on investment goals. For example, a target company may only require a one-time investment in order...

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Risk Factors of Seller Financing in Merger & Acquisition Deals

Although merger and acquisition activity has decreased during the economic downturn and bank loans have become difficult to obtain, many small and medium-sized businesses are still being bought and sold. Some banks require buyers to invest more of their own money in deals as a condition of obtaining a loan. Therefore, seller financing has...

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Transfers of a Family Business: Choosing The Next CEO

When one child has been active in a family business, and he or she wants to take over the business when the founder retires, deciding the second generation CEO obviously, involves a relatively simple analysis. Nevertheless, leadership transitions in a family business are always susceptible to complications -- some of which can be anticipated and...

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