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Recent Blog Posts
Legal Separation Versus Divorce in Wisconsin
Wisconsin offers two legal options to end your relationship with your spouse: legal separation or divorce. Both methods provide a legal means to deal with custody, the financial relationship between the parties, and child support. However, couples who choose to go through a legal separation remain married. There are some important differences between legal separation and divorce. An experienced Wisconsin divorce lawyer can help you decide the better route to take as you decide whether to make the difficult decision to end your relationship.
What is Legal Separation?
Legal separation is a specific legal process that is different from divorce. Being legally separated is not the same as simply living apart. Although legally separated spouses will go through a legal process, they will not be divorced. In both cases, a family court will decide about property, income, child custody, and other issues by applying the same legal standards.
Can You Sue a Police Officer for Using Excessive Force?
Most people know that when you get injured in a car accident that is caused by someone else’s negligence, you can pursue compensation from the responsible person or an insurance company. Likewise, if someone breaks into your house, kills your spouse, and steals your property, you can pursue a claim against that person in civil court for the losses you experience.
But those are examples involving private citizens. What happens if someone is injured or has their civil rights violated by a government official, especially when that official is acting in the capacity of their role as a government agent? What happens, for example, if a police officer illegally profiles someone and uses that illegal profiling to wrongly search, arrest, and use excessive force on that person, causing injuries and trauma?
There are laws protecting civilians from civil rights violations. However, cases involving civil litigation against government officials are more complicated and subject to stricter regulations than personal injury actions against private citizens. If you think your civil rights have been violated by a government employee, talk to a Milwaukee, WI Section 1983 attorney right away.
How May a Wisconsin Corporation Make Changes to its Bylaws?
Corporate bylaws govern a Wisconsin corporation’s internal operations. They are generally drafted by an attorney before a company’s initial incorporation. While a company’s articles of incorporation are filed with the Wisconsin Department of Financial Institutions (FDI), the bylaws are an internal legal document governing important aspects of how the company is run and are not filed with the FDI. Although Wisconsin business law does not require bylaws, they contain important company policies and can prevent conflict and litigation by laying out a corporation’s ground rules. However, sometimes in the course of business, a company’s needs will change and necessitate the assistance of a Wisconsin business attorney to amend the bylaws.
What Types of Business Changes May Require Amending Wisconsin Corporate Bylaws?
Wisconsin corporate bylaws include information on how a corporation governs itself, including details about meetings, corporate stock, shareholders, directors and officers, and records. The types of bylaw amendments that a corporation may make will vary depending on the terms of the original bylaws. For example, bylaws should contain information on officers’ authorities, duties, compensation, and terms. Changes in an officer’s duties may also necessitate amending the bylaws, repealing bylaws, or adopting new bylaws.
Can Nurses Lose Their License For Coming to Work Drunk? | WI
A nurse can lose his license for being drunk or under the influence of drugs while on the job. Nursing boards take substance use at work very seriously because it jeopardizes patient safety and undermines the integrity of the profession. Coming to work impaired is seen as a violation of the nurse’s duty to provide safe and competent care, and it can lead to serious disciplinary actions, including suspension or revocation of the nurse’s license.
If you are a nurse facing allegations of working while intoxicated, you need to understand the consequences you may face and get legal assistance from a Milwaukee, WI nursing license defense lawyer as soon as possible.
What Consequences Could a Nurse Face for Coming to Work Drunk?
Nurses who come to work under the influence of alcohol or drugs can face a wide range of consequences, depending on the severity of the situation and whether there have been previous offenses. Common penalties include license suspension, mandatory enrollment in a substance abuse treatment program, fines, and probation.
Commercial Lease Disputes For Milwaukee Businesses
Leasing commercial space is one of the most important aspects of running a business. However, when disputes arise between landlords and tenants, the conflict can disrupt operations, hurt relationships, and lead to expensive legal battles. Whether you are a landlord dealing with tenant nonpayment issues or a tenant dealing with unfair lease terms, navigating a commercial lease dispute requires a thorough understanding of both Wisconsin law and the specific terms of your lease. Depending on the circumstances, you may need to pursue litigation. An experienced Milwaukee commercial lease attorney can help resolve these conflicts efficiently and protect your business interests.
Common Reasons for Commercial Lease Disputes
Commercial lease disputes can arise for various reasons, often rooted in misunderstandings or disagreements about lease obligations. Some of the most common causes of these disputes include:
Do I Need a Business License to Operate in Milwaukee?
Many businesses in Milwaukee are required to obtain a business license before they can legally operate. Whether you are starting a restaurant, retail store, or professional service firm, a license is often necessary to ensure your business complies with local regulations. Even home-based businesses or online operations may need certain permits depending on the type of work you do.
Checking the specific licensing requirements for your industry is essential to avoid fines or delays when opening your business. To get answers specific to your business, contact a Milwaukee, WI business law attorney for guidance through the process.
What Are the Steps to Apply for a Business License in Milwaukee?
Applying for a business license in Milwaukee involves several steps. First, you will need to determine the type of license your business requires, as different industries have specific licensing rules. Next, gather the necessary paperwork, which often includes personal identification, tax documents, and details about your business’s structure and location. You will then submit your application to the City of Milwaukee License Division, either online or in person. After submitting, your application will be reviewed, and you may need to attend a hearing or provide additional documents depending on your business type. Working with a Milwaukee business law attorney can help ensure your application is complete and avoid unnecessary delays.
Is it Possible to Overturn a Wrongful Conviction in Wisconsin?
If you have been convicted of a crime in Milwaukee, you may wonder if there is a way to challenge the court’s decision. The appeals process allows you to ask a higher court to review the case for legal errors that may have affected the outcome. It is important to know that an appeal is not a new trial. Instead, it focuses on whether mistakes were made during the original trial that led to an unfair conviction. A notice of appeal must be filed quickly after sentencing, usually within 20 days in Wisconsin. From there, the appellate court will review the trial's record and determine if legal errors occurred that warrant reconsideration.
This process can be complex, so working with an attorney who has experience handling appeals is essential. A Milwaukee criminal appeals attorney can guide you through each step and ensure that your appeal is filed on time.
Are Wisconsin Noncompete Contracts Legal in 2024?
Noncompete agreements are contracts between employers and employees that restrict the employee’s ability to work for a competing business or start a competing company for a certain period of time after their employment ends. These agreements can help protect a business's trade secrets, customer relationships, and other confidential information. However, there has been growing concern that noncompete agreements unfairly limit workers’ ability to seek new employment opportunities.
In early 2024, the Federal Trade Commission (FTC) proposed a rule to ban most noncompete agreements across the United States. The FTC argued that these contracts prevent workers from earning higher wages and moving freely between jobs, which they believe harms competition. Although this proposal faced legal challenges, the possibility of future changes still concerns many business owners. If you have questions about how these developments might impact your company, it is essential to consult a Milwaukee, WI business law attorney.
Will I Go to Jail for Accidentally Starting a Wildfire? | WI
Wildfire season in Wisconsin is drawing to a close. The season started off with more fires than usual after a particularly warm winter and, as of today, nearly 900 wildfires have burned throughout the state.
Some fires are inevitable and can even be used to manage growth in a way that helps mitigate more serious wildfires in the future. But when fires are caused by humans - whether intentionally or not - the consequences can be devastating, both for the environment and for a person facing criminal or civil charges for their behavior.
If you are facing charges for accidentally or intentionally starting a fire that caused damage to property or people, you need the help of a Milwaukee, Wisconsin criminal defense attorney. At Gimbel, Reilly, Guerin & Brown, LLP, we have helped clients fight serious criminal charges, including arson. We will fight for you, too.
Can Someone Be Kicked Out of School for Title IX Violations? | WI
Title IX is a federal law that was enacted as part of the Education Amendments of 1972. It prohibits sex-based discrimination in any educational program or activity that receives federal funding. This law is crucial because it ensures that all students, regardless of gender, have equal access to education and related opportunities. Title IX is often associated with addressing issues like sexual harassment, assault, and discrimination on college campuses, making it a key tool in protecting students' rights.
Accusations of violations of Title IX can be easy to make and difficult to disprove. If your child is facing Title IX charges, the consequences can be severe, including the possibility of being expelled from school. A Milwaukee, WI college student representation attorney can provide critical support in these situations. Gimbel, Reilly, Guerin & Brown, LLP can help you understand your rights, navigate the complex Title IX process, and work to protect your future. Having experienced legal representation can make all the difference when facing such serious allegations.
