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330 East Kilbourn Avenue, Suite 1170
Milwaukee, WI 53202
Gimbel, Reilly, Guerin & Brown, LLP

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Phone414-271-1440

Milwaukee, WI divorce business valuation attorneyIf you are a business owner going through a divorce, it is critical that you understand the laws surrounding community property and asset division and how they relate to your company. For many people, a business is considered community property, which means that both spouses own the business under Wisconsin law. This is true even if only one spouse is involved in the business.

If a business will be classified as community property, it must be properly valued so that business assets can be divided during divorce. It is possible that the spouse who is more involved with the business will retain ownership, and the other spouse will receive different marital assets of an equal value.

The Business Valuation Process

The most common way for a business valuation to occur is to hire a forensic accountant to review business records and other material. Information that will be reviewed  includes:

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Milwaukee WI sex offense attorneyIn Wisconsin, persons who have been convicted of felony sex offenses are required to register as sex offenders for either fifteen (15) years or, for some types of convictions, lifetime registration. Sex offenses requiring registration are listed at Wis. Stat. §301.45(1d)(b). Some offenses, which are designated as “level 1” or “level 2” sex offenses against minors; persons who are placed on lifetime supervision for a “serious sex offenses” pursuant to Wis. Stats §939.615; and persons who are deemed Special Bulletin Notification (SBN) offenders under Wis. Stat. §301.46(2m)(am), are subject to lifetime sex offender reporting (SOR) and GPS monitoring.  

In June 1997, the Sex offender Registration and Community Notification Law went into effect in Wisconsin and gave law enforcement agencies the authority to disseminate information about certain sex offenders to the community, and it established the SBN process. Until September 2018, the Wisconsin Department of Corrections interpreted the SOR and SBN laws so that persons convicted of sex offenses on “2 or more separate occasions” was defined to mean persons who were convicted of sex offenses in two or more separate cases. On September 1, 2017, Wisconsin Attorney General Brad Schimel issued formal opinion OAG-02-17, in which he concluded that "separate occasions" could mean separate counts within just one case, as well as in separate cases. The DOC adopted Schimel’s opinion in 2018 and has applied it retroactively for many convicted sex offenders, regardless of the fact that this was not the law at the time of their sentencing. AG Schimel’s opinion is at https://www.doj.state.wi.us/sites/default/files/dls/ag-opinion-archive/2017/OAG-02-17.pdf.

Under the 2018 DOC interpretation, many individuals who were not subject to “Special Bulletin Notification” and lifetime GPS monitoring (and were never told they would face such by the sentencing judge) are now unexpectedly finding that they are, and that their future includes the wearing of a GPS bracelet for the rest of their lives. These surprise retroactive restrictions raise significant legal and constitutional concerns, including ex post facto, Fourth Amendment liberty and privacy, as well as due process and the right to adequate notice. It also could call into question the validity of many past plea bargains, which were based on the criminal law that defendants were advised of and as it existed at that time.

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Milwaukee, WI drug crimes lawyer

When many people think of drug possession charges, marijuana, cocaine, methamphetamine, and heroin come to mind. However, illegal drugs are not the only ones illegal to possess. The demand for prescription drugs is high as well. Drugs like Vicodin, OxyContin, Adderall, Xanax, Valium, Ambien, and Zoloft are often sold at high prices to those without a prescription.

In the case of OxyContin, many people have become addicted to this opioid drug. Once someone who is addicted can no longer find a source for the prescription opioid or can no longer afford it, they often turn to heroin, which produces similar effects in the body. 

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Milwaukee, WI estate planning lawyer

If you are at the stage of your life in which you are considering how your estate will be passed on to your loved ones, one option to consider is a living trust. A living trust can accomplish many of the same objectives as a will, and it has several key benefits that wills do not have. 

What Is a Living Trust?

A trust is a written document that names someone in charge to manage property for the benefit of others. A trust is classified as “living” when it is created by the property owner when he or she is alive. A living trust is also known as a revocable trust or a living revocable trust.

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Milwaukee criminal defense lawyer appealsAfter you have been convicted of a crime, you may feel like you have no options. In Wisconsin, if you have been convicted of a crime, you have the right to an appeal. If you believe that errors were made during your case, you should explore all of your legal options with an attorney.

The Wisconsin Appeals Process

The first crucial step in appealing a conviction or sentence is to file a notice of intent to pursue post-conviction relief within twenty days of sentencing. Failing to do this means that you could lose your right to an appeal.

Next, you must determine your grounds for appeal. When you appeal a criminal conviction or sentence, you must argue with great specificity what mistakes occurred during your trial. Some errors commonly alleged in appeals include:

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Milwaukee, WI commercial truck accident attorneyLarge trucks are a danger on the roads to smaller passenger cars and pedestrians. Tractor-trailer trucks weigh 80,000 pounds, on average. This makes them hard to stop, and the difference in size between vehicles is likely to cause serious injuries for drivers and passengers involved in a collision.

There are a wide variety of reasons why truck accidents occur. Because of the complexity of the trucking industry and determining what entities are at fault, accident victims should always avail themselves of an attorney when pursuing compensation for injuries.

Here are four common causes of accidents involving commercial trucks:

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Milwaukee criminal pardon lawyersBy Raymond Dall'Osto, Steven McGaver, Brianna Meyer, and Jason Luczak

Newly-inaugurated Wisconsin Governor Tony Evers recently said that he will begin to consider applications for and issue pardons. While it had previously been speculated that Governor Evers would reinstitute pardons, he has now publicly stated that pardons will be a possibility for those convicted of state crimes in Wisconsin.

Under the law, Governor Evers can issue pardons under his executive powers. Former Governor Scott Walker, in an unprecedented manner, chose not to exercise this power and did not issue any pardons during his time in office. His stated rationale was that he believed in the court system and that he did not want to insert his judgment on the judicial process.

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Milwaukee dog bite lawyerIf you have been bitten by a dog, you are at risk for a number of injuries. First, there is likely some sort of wound, and the degree of severity can range from superficial to severe. You also may be at risk for scarring or permanent disfiguration. Another possible injury that people often overlook with dog bites is the transmission of a disease or infection. 

Wisconsin Dog Bite Laws 

Under Wisconsin law, an owner is typically responsible for injuries caused by their dog. It does not matter if the owner was not on the scene when the attack occurred or if the owner took steps to protect others from the dog. This type of law is called “strict liability.”

It also does not matter if the dog owner believed that the dog was not dangerous or if they did not know of any previous attacks. A dog owner may be held responsible for any injury their dog inflicts on any other person, domestic animal, or property. In addition, if it can be proven that a dog owner was told or knew that the dog previously, without provocation, had bitten a person with sufficient force to break the skin and cause permanent physical scarring or disfigurement, the owner may be held liable for double the amount of damages.

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Milwaukee drug charges defense lawyer prescription opioidsIn recent months, both the State of Wisconsin and the United States Government have put healthcare providers on notice that their prescribing practices are being scrutinized. The U.S. Attorney’s offices for the State of Wisconsin have warned high prescribers of opioids that prescribing these medications when not medically necessary could lead to criminal charges. The Wisconsin Department of Safety and Professional Services (DSPS) is currently investigating high prescribers of opioids, and these healthcare providers could face sanctions against their license.

Earlier this month, the U.S. Attorneys offices in Wisconsin sent warning letters to 180 healthcare professionals in the State who have been identified by the Government as being high prescribers of opioids. This letter stated that over-prescribing these powerful and highly addictive drugs contributes to the deadly opioid crisis that has swept the country. While this letter acknowledged that these prescriptions could be “medically appropriate,” it also warned that prescribing these drugs when not “medically appropriate” could lead to criminal charges and the loss of licensure

A healthcare provider that received these letters should know that he/she is now on the Government’s radar, and their prescribing practice could face further scrutiny. Any healthcare provider that has received this letter and receives further contact from the Government should contact an attorney immediately. 

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Milwaukee mass tort attorney injury lawsuitMass tort actions are especially useful in certain types of cases, as they provide an efficient way for personal injury victims to receive the compensation they deserve. Pharmaceutical and medical device claims are often brought forward through a mass tort action. This is because these products, if defective, will likely injure a large number of people. 

What Is a Mass Tort?

While the word “tort” is commonly used in the law, many people without a legal background do not know what it means. A tort is an injurious act that occurs due to the fault of another. Car accidents and slip and fall cases are common torts, as are damages made to land or property. Thus, a mass tort action involves an injurious act or product that affects a large group (or mass) of people.

A court will have to approve a mass tort action in order for it to proceed. In making its decision, it will review the following:

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