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Recent Blog Posts
How Will Wisconsin’s New LLC Law Affect Businesses?
Business owners have multiple options during the business formation process as they determine how a company should be structured. In many cases, structuring a business as a limited liability company (LLC) can provide advantages, since this type of structure will shield business owners from being personally liable for business debts while providing them with flexibility as they determine how to manage and operate their business. However, it is important for LLC owners to understand the laws that may affect their businesses. On January 1, 2023, a new Wisconsin law went into effect that may impact LLC members and managers.
Changes to LLC Laws in Wisconsin
The Wisconsin Uniform Limited Liability Company Law (WULLCL) has made a number of adjustments to the regulations and requirements that apply to LLCs, including:
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Operating agreements - Most LLCs use a written operating agreement to set forth the rights and responsibilities of members and make decisions about the management of the company. Under the WULLCL, multiple types of operating agreements are recognized, and in addition to written agreements, members may be bound by oral agreements, implied covenants, or a combination of different types of agreements. Because of this, it is important for a business to have a written operating agreement in place that covers all applicable issues and requires changes to the agreement to be made in writing.
Can I File a Lawsuit for a Wisconsin Skiing or Snowboarding Injury?
The state of Wisconsin provides residents and visitors with many opportunities to enjoy the outdoors during the winter, including skiing or snowboarding at a variety of ski areas and resorts. However, these activities can be dangerous, and accidents can occur that may result in serious injuries. In these situations, injury victims may wonder whether someone else was at fault for the harm they have suffered and whether they can file a lawsuit against a ski area or another liable party and pursue compensation for their damages. If you have been injured, understanding the laws that affect these cases in Wisconsin can help you determine your options, and by working with a personal injury attorney, you can take steps to identify the liable parties and pursue the compensation you deserve.
Types of Skiing and Snowboarding Injuries
Skiing and snowboarding injuries can vary widely depending on the circumstances surrounding an accident. Common types of injuries include broken bones, head trauma, sprains and strains, spinal cord damage, and other serious physical harm. In some cases, these injuries may occur because of errors made by a skier or snowboarder, such as using a trail that is too difficult for their abilities or attempting dangerous tricks or stunts. However, injuries may also be caused by the negligence of other parties, such as a ski resort operator who failed to properly maintain trails, a ski rental company that did not ensure that equipment was safe to use, or other skiers or snowboarders who acted dangerously and put others at risk.
How Can Stipulations Affect a Wisconsin Divorce?
By: If you are getting a divorce in Wisconsin, it is essential to understand the procedures that will be followed during your case. One issue that you may need to address during the divorce process involves stipulations, which may put temporary orders in place that will determine how certain issues will be handled as you work to dissolve your marriage. By understanding the role that stipulations can play in your divorce and working with an experienced family law attorney, you can make sure you will be able to complete the divorce process successfully.
What Are Stipulations?
In a legal context, stipulations are agreements made between the parties involved in a case. As you proceed with the divorce process, you may reach agreements with your spouse on how certain issues will be handled, and you can then file a stipulation in court asking the judge in your case to approve these agreements and put temporary orders in place. These temporary orders may remain in effect until your divorce is finalized, or they can be modified when necessary. While the issues addressed in stipulations will not necessarily be the final decisions made about divorce-related issues, they can often serve as a framework for the terms of a divorce settlement, and agreements between you and your spouses may become permanent once your divorce decree is issued.
When Can “Variable Costs” Be Added to a Wisconsin Child Support Order?
By: In many divorce and family law cases, child support is one of the most important matters that will need to be addressed. Determining child support obligations can be a daunting task for parents, and balancing financial responsibility with the child's best interests is an ever-evolving challenge. As parents address these issues, they will need to understand the types of expenses that child support will cover, including the "variable costs" and medical expenses that may be added to a child support order.
What Are Variable Costs?
In Wisconsin, parents' financial obligations toward their children are determined by the state's child support guidelines, which calculate child support amounts based on the number of children and each parent's income. Wisconsin uses a "percentage of income" standard in which a non-custodial parent's income is multiplied by a specific percentage corresponding to their number of children to determine the amount of child support they will be required to pay. This standard is used in non-shared-placement cases where children will primarily live with one parent. However, in shared-placement cases where children will be living with each parent at least 92 days per year or 25% of the time, the percentages may be applied to both parents' incomes, and each parent's obligations will be adjusted based on the percentage of time the children spend with the other parent.
Is Distracted Driving More Likely to Cause Car Accidents in Winter?
Car accidents are a serious concern all year round, but winter weather poses an additional risk. Snow and ice create hazardous driving conditions and make it harder to control a car, and drivers need to be able to act quickly and respond correctly to dangerous conditions. When roads are slippery, and winter conditions affect visibility, a seemingly minor mistake can have deadly results. These issues can become even more serious if drivers fail to fully pay attention to the road. While distracted driving is a serious issue at any time of year, it can be even more dangerous during the winter.
Why Distracted Driving Is Riskier in Winter
During the winter, ice and snow make it much harder for drivers to control their vehicles. Split-second decisions often need to be made quickly and with precision. Because vehicles may take longer to slow down and stop on snowy or icy roads, and because a driver can lose control more easily, it is crucial to be able to respond as quickly as possible to events and changing conditions. If a vehicle in front of a person slows down suddenly, or if a pedestrian enters the road unexpectedly, a driver will need to be able to react quickly. If a driver's attention is divided between the road and their phone or other distractions, then there may not be enough time for those quick decisions to be made safely, and a driver will be more likely to lose control when they slam on their brakes or attempt to swerve.
INSURANCE COVERAGE & CONTRACTORS
by: Paralegal Sarah Reckling
A frequent issue that arises in insurance is the extent to which a standard CGL policy covers contractor liability. In my most cases, the issue is not of fact, but of liability insurance language. An insurer, regardless of whether the allegations are covered, must provide a defense of the entire lawsuit. If an insurer wrongfully fails to provide a defense, then the insurer is responsible for the damages to the insured (potentially including attorney’s fees).
An insured can establish a claim as covered under the policy when there is a defined “occurrence,” giving rise to a qualifying “bodily injury” or “property damage.” It is worth noting that exclusions and ambiguities will be narrowly construed against the insurer.
When Can Truck Accidents Be Caused by Inadequate Maintenance?
Commercial trucks are an essential part of the transportation industry and the economy of the United States. They carry goods, materials, and other products throughout the country, ensuring that items can be delivered on time. Unfortunately, truck accidents are a common occurrence on our nation's roads and highways, and inadequate maintenance is one of the leading causes of these accidents. When a truck's equipment is not properly maintained, this can affect the safety of everyone on the road. The accidents that may occur as a result of inadequate maintenance can cause serious injuries and even death. It is important to understand when and how truck maintenance negligence can be a factor in an accident so that victims can be adequately compensated for their losses.
The Dangers of Poorly Maintained Trucks
Commercial trucks are large, heavy vehicles that require regular care and attention to keep them in good working order. Unfortunately, some trucking companies fail to adequately maintain their fleets, putting drivers—and other road users—at risk of harm. When trucks are not properly maintained, they can have serious mechanical issues that make them hard to control. Truck drivers who are unable to operate their vehicles safely due to equipment failure may be unable to avoid collisions with other vehicles or pedestrians.
Be Aware of Scammers Who Claim They Can Recover Cryptocurrency Losses
by: Ray Dall’Osto, Jack McNally & Jason Luczak
In November of 2022, a major cryptocurrency exchange, FTX, failed and has filed for bankruptcy, resulting in billions of dollars of losses for owners of virtual or crypto currency. Over the past several years, many people in the United States and throughout the world have invested in cryptocurrency. While some have been able to earn profits by trading these currencies, many others have experienced losses.
Since the cryptocurrency market is mostly unregulated, those who have lost money have had few options for addressing this issue. To make matters worse, scammers are preying on these victims by claiming that they can help recover money that was lost. In reality, people may suffer further losses if they are caught up in these recovery scams, and they may become the victims of fraud.
5 Ways Your Spouse May Attempt to Hide Assets During Your Divorce
Going through a divorce is difficult enough, but when you suspect your spouse of hiding assets, it can make the process even more complicated and frustrating. Your marital property, which includes all assets and debts that you have acquired during your marriage, should be divided fairly between both parties. Unfortunately, there are many divorce cases where spouses try to unfairly influence the property division process by concealing money or other valuable assets. Here are five common ways spouses may try to hide assets during divorce, as well as some tips on how to uncover these issues:
1. Hiding Money in Offshore Accounts
One of the most common—and difficult to track—ways people hide assets during a divorce is by transferring funds to overseas accounts. Since these accounts are outside the jurisdiction of the United States, you may be unable to determine their balances, or even whether they exist at all. However, with the help of a forensic accountant or other financial experts, you may be able to uncover improper transfers to these accounts from sole or joint domestic accounts, and your attorney can make sure these issues are addressed correctly during the divorce process.
Governor Evers to Continue Accepting Pardon Requests in Wisconsin
On November 8, 2022, Tony Evers was reelected as Governor of the state of Wisconsin. Since he was originally elected in 2019, Governor Evers has made efforts to grant clemency to people who have been convicted of crimes and are deserving of a second chance. He has granted a total of more than 600 pardons during his time in office, and he has stated that he will continue to pardon convicts during his next term. With this option available to people who have been convicted of criminal offenses, it is important for those who wish to receive clemency to understand the benefits of a pardon and the procedures followed during the pardon process.
Eligibility for Pardons
People who have been convicted of felonies in Wisconsin state courts may request a pardon, and if a pardon is granted, they will regain certain rights, including the right to own and possess firearms, the right to apply for certain types of professional licenses, and the right to run for public office. To be eligible for a pardon, a person will need to meet the following requirements:
