By: Attorney Jaclyn Kallie

The use of remote work has increased considerably since the onset of the COVID-19 pandemic. More and more people have been able to work from home, and the ease of online communications has allowed employers to hire people located in other states or even other countries. The growing use of remote work has changed the way many businesses operate, and it has opened up a range of opportunities for both employers and employees. However, it is critical for employers who utilize remote workers to understand the employment laws and regulations that may apply in these situations. Here are some critical legal issues to be aware of with respect to remote employment.

Applicable Law

Knowing what law applies to remote employees is critical to understanding the implications of this business decision. Generally, the default rule is the state where the employee resides is the applicable law. This applies to laws regarding wage and hour, employee injuries and employer data protection, among others. This distinction is particularly important where the laws differ significantly between the home state of the business where a majority of its workforce may reside and that of a single remote employee. For example, where a Wisconsin based company hires a remote employee who lives and works in California, the business must be aware of the differences in various employment laws between the two states. One such distinction relates to restrictive covenants: in California restrictive covenants are virtually unenforceable whereas in Wisconsin they are enforceable. By understanding the differing laws ahead of time, employers can avoid claims for violating them later on.

By: Attorney Jason Luczak

Here at Gimbel, Reilly, Guerin & Brown, LLP, our attorneys provide representation for clients in multiple types of legal matters, including family law, business law, civil litigation, criminal defense, personal injury, and much more.  We regularly publish blogs covering a variety of topics related to these legal fields, and we strive to keep our clients and the readers of our blog updated on legal developments and issues that can affect their lives. We wanted to highlight the blogs that visitors to our website read the most during 2022:

1. Circumstantial vs. Direct Evidence in Wisconsin Criminal Cases - Criminal prosecutors may rely on different types of evidence as they attempt to demonstrate beyond a reasonable doubt that a person committed an offense. In this blog, we look at the different types of evidence that may be used. Our attorneys ensure that our clients are prepared to address the evidence in their cases, and we fight to protect their rights when defending against criminal charges.

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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:

• 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.

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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.

Liability for Skiing and Snowboarding Injuries

In order to successfully file a lawsuit for an injury sustained while skiing or snowboarding, you must have clear evidence that another party was responsible for causing your harm. There are certain duties that apply to both ski resort operators and people who are skiing or snowboarding. In general, skiers and snowboarders are required to obey posted signs or other types of warnings, stay within the bounds of a ski area, understand and act within the limits of their abilities, maintain a safe speed and control their direction, be able to avoid colliding with other people or objects, yield to others when necessary, avoid obstructing trails, and be able to safely board and deboard ski lifts. Skiers and snowboarders are required to accept the risks of these activities, as well as safety issues related to weather, snow conditions, variations in terrain, and obstacles such as rocks, trees, signs, and equipment.

 By: Attorney Megan Drury

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.

By: Attorney Megan Drury and Paralegal Ali Jaeger

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.

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. 

Another reason why distracted driving is riskier in wintertime is that visibility decreases. Heavy snow or fog can make it much more difficult to see the road and other vehicles. Even if the sun is out, cold temperatures can lead to foggy windshields and limited visibility due to ice buildup on windows or mirrors. When drivers cannot see where they are going clearly, they will be more likely to miss important details. Any distractions can make a dangerous situation even worse, since this may cause a driver to look away from the road, causing them to fail to see what is happening around them.

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. 

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. 

The Federal Motor Carrier Safety Administration (FMCSA) requires all commercial motor vehicles to have regular inspections and maintenance in order to ensure they are safe for travel. Truck drivers must visually inspect their vehicles during transit to identify any issues that need to be addressed, and regular maintenance must be performed by trucking companies to ensure that all systems are working correctly. There are a number of common examples of inadequate maintenance that can lead to truck accidents, including: 

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.