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Filter By: Antitrust Banking and Commercial Transactions Bankruptcy and Creditors Rights Business and Corporate Law Business Restructuring Commercial and Business Litigation Compensation and Benefits/ERISA Construction Law and Litigation Data Protection, Licensing and Management Environmental Law and Litigation Estate & Trust Administration Estate Planning Fraud & Abuse and Stark General Health Care Labor and Employment Health Law HIPAA and Health Information Systems Immigration Internet Content, Data, and IP Protection IP Portfolio Protection and Management Labor and Employment Legal and Professional Responsibility Medical Staff Mergers and Acquisitions Municipal Law Nonprofit and Tax Exemption Patient Care Issues and Risk Management Physician and Practice Management Real Estate Regulatory Compliance School Law Securities Law Tax Toxic Tort Trusts and Estates Section

331 articles returned 1 2 3 4 5 6 7 8 9 10 >> Practice Area Title  Date  Health Care Labor and Employment Labor and Employment   Victory in ERD Challenge to Running State and Federal FMLA Concurrently As several of our clients have encountered, recently employees and their counsel have argued that a woman can choose to take her federal Family and Medical Leave Act ("FMLA") leave and her Wisconsin FMLA leave consecutively. The situation most often presents itself when a woman requests time off during pregnancy, before the birth of a child, but wants to "save" her six weeks of Wisconsin FMLA leave to use upon the birth of her child. In one case in which von Briesen & Roper represented the employer, the Wisconsin Department of Workforce Development's Equal Rights Division ("ERD") advised an employee that she could "stack" her state and federal FMLA leave in this way. In fact, the ERD found probable cause to believe there had been a violation of the Wisconsin FMLA when an employer told an employee that her state and federal FMLA pregnancy leaves would run concurrently when taken in the 16 weeks before the birth of her child. Our client stood by its position that the federal and state FMLA laws run concurrently when the leave qualifies for protection under both laws and went to a hearing on the merits. 02/26/10 Health Care Labor and Employment Labor and Employment   Labor and Employment Law Update - February 2010 The February 2010 Labor and Employment Law Update focuses on The "Pros" and "Cons" of Social Networking for Employers and New Employment-Related Matters of Note. 02/25/10 Bankruptcy and Creditors Rights   Seventh Circuit Addresses Reasonably Equivalent Value in LBOs A leveraged buyout (LBO) closed during times of economic stability and growth launches upon the sea of commerce a restructured business entity that incurs debt in the ordinary course of its operations. The company's creditors expect this debt to be paid. The LBO is premised on assumptions as to future operating revenues and the company's value as a going concern. When these assumptions fail, the LBO will be viewed by the company's creditors as seriously lacking in consideration. 02/17/10 Compensation and Benefits/ERISA   Extending Health Benefits to Children and Domestic Partners Who Are Not Tax Dependents Historically, employers extending group health plan coverage to the dependents of employees limited the availability of that coverage to individuals who qualified as dependents of employees for purposes of the federal income tax laws applicable to employer-sponsored group health plans. Either by choice or to comply with government mandates, however, employers are increasingly extending dependent coverage to individuals who do not qualify as dependents of employees for purposes of those tax rules ("Non-tax Dependents). Covering Non-tax Dependents can present some significant tax issues and complications for employers. 02/16/10 Estate Planning Trusts and Estates Section   The Repeal of the Estate Tax and Other Fundamental Changes in 2010 and 2011 As of January 1, 2010, the estate and generation skipping transfer ("GST") taxes are repealed, for one year, due to the unexpected failure of Congress to take any remedial action in 2009. 02/12/10 Business and Corporate Law Securities Law   SEC Adopts Additional Proxy Disclosure Requirements On December 16, 2009, the Securities & Exchange Commission ("SEC") finalized rules that will require most public companies to provide enhanced proxy statement disclosures over a broad range of topics, including compensation practices that may promote material risks, the grant-date fair value of stock and option awards made to executives and directors, director qualifications and the director selection process. The new rules, which are effective for proxy statements filed on or after February 28, 2010, are summarized below. 01/21/10 Estate & Trust Administration Estate Planning Tax Trusts and Estates Section   Federal Estate Tax Law is Repealed for One Year Congress inaction in December has created confusion about the current and future estate tax law. Below are two scenarios that we created to illustrate possible outcomes. Given the inability of Congress to resolve the problem with any degree of order, many other outcomes are also possible. 01/05/10 Nonprofit and Tax Exemption   IRS Compliance Guide for 501(c)(3) Public Charities The IRS has created a guidance document for leaders in nonprofit organizations. Although long and a bit technical, it is a good "one source" reference for a nonprofits' operations, reporting and tax filing requirements, including what may jeopardize recognition of the nonprofits' tax exempt status. For your organization or for those nonprofits you serve, review and discussion of the booklet may be a good New Year's discussion topic, or at least worth sending this document out to the board. 12/23/09 Bankruptcy and Creditors Rights   New Changes to Wisconsin's Exemption Laws A judgment obtained by a creditor which requires a monetary payment or the return of property is enforced against a debtor by way of execution. Exemptions are provided under Wisconsin law and may be used under both state and federal bankruptcy law to protect certain property of an individual from execution by the individual's creditors (or, in the bankruptcy context, from distribution by the bankruptcy trustee to the individual's creditors). On December 1, 2009, Governor Doyle enacted 2009 Wisconsin Act 80 (the "Act"), which amends various statutes relating to exemptions. This Act will become effective on December 16, 2009 and will apply to executions which are issued by the court, and bankruptcy petitions filed with the bankruptcy court, on or after that date. 12/14/09 School Law   Significant Expansion of Wisconsin's Prevailing Wage Law Since the 1930s, a local government entity has been required to ensure that prevailing wages are paid on that entity's public works projects, when those projects exceed a designated threshold cost. In 2009, that threshold cost was $48,000 for projects completed by a single type of trade or $234,000 for projects that involved multiple trades. Superintendents and School Business Officials need to be aware of two significant changes recently made to the prevailing wage law. First, the distinction between projects completed by one trade and projects involving multiple trades was eliminated. Second, beginning January 1, 2010, all public works projects with a cost of $25,000 or more must comply with the prevailing wage law and receive a prevailing wage determination from the Department of Workforce Development. 12/14/09