By Ray Dall’Osto

After passing the Wisconsin Assembly earlier this year as A.B. 33, the Wisconsin Senate adjourned this year’s legislative session, without taking action to approve the parallel bipartisan expungement bill pending before it, S.B. 39. The proposed expungement reform bill, which has long been supported by the State Bar of Wisconsin and was favorably considered in previous years and legislative sessions, would change state law involving getting a criminal record expunged. If passed by the Senate and signed by Governor Evers, the expungement reform bill will significantly help alleviate the negative impact a criminal record can have on individuals seeking employment, housing, volunteer work, and in other areas where the stigma of a conviction can pose a roadblock, even in cases where the crime was nonviolent, a misdemeanor or lower-class felony, and/or committed many years ago. 

By Attorney Chris Strohbehn

Wisconsin is known for its long, relentless winters. Wisconsinites experience more than 30 snowstorms each year, forcing us to adapt to work, play, and drive in harsh conditions. To those who are no strangers to the snow, driving in inclement weather is normal, but accidents still happen. If you have been in a collision, understanding the factors surrounding liability for a winter weather car accident claims can prepare you for how to proceed.

Determining Liability

Rain or shine, drivers are expected to follow safe driving laws. When winter weather hits, it is important to take extra precautions by taking it slow, allowing extra travel time, and remembering that sudden braking and steering can cause loss of vehicle control. Not all car accidents cause life-altering injuries, but property damage is likely to occur in even the most minor fender benders.

By Attorney Jaclyn Kallie

While most people who go into business with a partner take care to select ones who have similar goals, inevitably, there will be disagreements from time to time. Often, these issues can be solved through honest, open communication. However, sometimes a dispute can turn severe and ugly very quickly, which is when an experienced commercial litigation attorney can help. How a business is set up can also come into play.

Talking the Issues Out

First and foremost, successful business partnerships are based on the ability to communicate, at no time is this more important then when there is a disagreement between partners. Discussing these issues may demand a certain amount of diplomacy—and perhaps compromise—on both sides, but the outcome of maintaining the partnership and getting the business back on track can be worth it.

When a loved one enters a nursing home, it is usually with the idea that they will receive better care than their family or friends can provide at home. Sadly, this is not always the case. However, many nursing homes do provide quality care yet still face accusations that staff members did not provide the proper care. What can health care facilities, such as nursing homes, do to protect themselves from allegations of abuse?

Sad Statistics

No one can deny that nursing home abuse is a real concern. Consider:

By Attorney Jaclyn Kallie and Attorney Erin Strohbehn

The death of a family member can be a difficult, highly emotional time. An estate that is contested can make this an even more stressful situation—and one that requires a good probate litigation lawyer.

By Attorney Kristen Nelson

In recent years, a number of news stories have surfaced about healthcare providers who have committed fraud by overbilling patients. While there are some unscrupulous entities that intentionally do just that, sometimes what looks like an attempt to commit fraud is nothing more than human error. For example, a bill could come from the billing department that assumed a specific service was performed because it appeared on the original paperwork and was never removed when the service was not rendered, or a patient could be charged for medication that was ordered but never received. 

By Patrick Knight, Ray Dall’Osto & Jason Luczak

Computer and digital technology is constantly changing and ever-expanding. As a result, certain types of activities that might not seem problematic at the time could end up causing serious legal problems. State laws governing theft, and its civil cousins misappropriation and conversion, have expanded to include unauthorized possession, use and misuse of computers and digital information, the internet, use of identity, and capturing and sharing images.  

Internet crimes are ever-increasing and the definitions applied and consequences change rapidly, with the sentences more and more retributive. Known collectively as computer crime laws, these statutes cover a wide scope of activities, and violations of these laws can result in a broad range of criminal penalties. In addition to criminal charges, these crimes and activities can also form the basis for restitution claims and large money damage lawsuits, which include punitive and treble damages.

By Attorney Max Stephenson

LGBTQ parents can face some complex issues in child custody cases in Wisconsin. In many cases, these types of situations involve one of two types of disputes. First, as the rights of the LGBTQ community receive more public support, it is increasingly common for an LGBTQ spouse who was in a different-sex marriage to get divorced after acknowledging that he or she is gay, lesbian, bisexual, or transgender. In such cases, where children are involved, the other parent may attempt—whether subtly or outright—to convince the court to consider the sexual orientation or gender identity of the LGBTQ parent negatively when it comes to deciding custody and/or visitation rights. Following a more recent trend, the legal parent may also try to object based on religious beliefs.

By Attorney Jaclyn Kallie

There are three ways a contract can be breached, warranting a civil lawsuit in Wisconsin. These are:

• Failing to perform a task specified in the contract.
• Making it impossible for the other party to perform a task stipulated in the contract.
• Communicating an intent to not perform a task in the contract.

While these three criteria may seem clear cut, proving that one or more of them has been met is not always so easy.

 By Ray Dall’Osto, Jason Luczak & Chris Strohbehn

Wisconsin, like most states, considers arson to be a very serious criminal act and imposes stiff penalties on anyone convicted of the crime. An individual facing arson accusations and charges in Wisconsin should consult with and work with a skilled criminal defense attorney who is also familiar with applicable insurance law and claims procedures, to best deal with and understand the charges and potential consequences of a conviction.

Arson to Buildings and Property Damage

Anyone who commits one of the following acts may face felony arson charges under Wisconsin law: