http://www.VonBriesen.com/rss/ArticleFeed.aspxLegal resource articles and press releases from Von Briesen & Roper, s.c. For informational purposes only.(c) 2012, von Briesen & Roper, s.c. All rights reserved.45Estate Planning Resolutions for 2012http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=479http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=479Tue, 17 Jan 2012 12:00:00 CSTRandall D. Crocker, President and CEO of von Briesen & Roper, s.c., announced the addition of four attorneys: Associates Thomas J. Burmeister, Nicholas D. Castronovo, Ryan D. Gehrke and Eileen M. Kelley. http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=478http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=478Mon, 16 Jan 2012 12:00:00 CSTOn December 31, 2011, President Obama signed the National Defense Authorization Act for Fiscal Year 2012. A conference report in this Act ends OFCCP's push to expand its jurisdiction by way of TRICARE contracts. The new Section 715 of the conference report states that TRICARE managed care support contracts will not be considered contracts to provide health care services such that these providers become subject to OFCCP jurisdiction.http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=477http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=477Wed, 11 Jan 2012 12:00:00 CSTRetirement Plans Subject to ERISA Vesting Standards Must File Form 8955-SSA by January 17, 2012 Section 6057(a) of the Internal Revenue Code (the "Code") requires plan administrators of retirement plans subject to the vesting standards under the Employee Retirement Income Security Act of 1974 ("ERISA") to report information regarding separated participants with deferred vested benefits that have not commenced. Plan administrators previously met this requirement by filing Schedule SSA as an attachment to the plan's Form 5500 annual return/report. The Department of Labor ("DOL") removed Schedule SSA from Form 5500 for plan years beginning on or after January 1, 2009.http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=476http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=476Wed, 04 Jan 2012 12:00:00 CSTMany articles have been written about the legal and business risks associated with the use of social media and web-based email services. However, the risk of using social media is heightened in the health care industry in light of a health care entity's legal and regulatory obligations to protect the privacy and security of health care information. Health care entities need to be particularly familiar with the risks of using social media in the health care industry and methods for reducing those risks.http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=472http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=472Wed, 28 Dec 2011 12:00:00 CSTRandall D. Crocker, President and CEO of von Briesen & Roper, s.c., today announced the promotion of Attorneys Kraig A. Byron, Steven G. Carlson, Kyle J. Gulya and Gottlieb John Marmet to Shareholders of the firm.http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=470http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=470Mon, 05 Dec 2011 12:00:00 CSTThe only thing that stays the same is change. You have probably heard this phrase used in many contexts, but it has never been more appropriately used than in a recent client meeting regarding the negotiations of a commercial lease renewal. In this particular meeting, we were renegotiating a lease that originally commenced in 2001. As you can imagine, the difference in the economy between 2001 and 2011 resulted in a significantly different negotiation this time around. Typically, articles written about negotiating commercial leases focus on the negotiations from the viewpoint of either the landlord or the tenant. These articles also tend to focus on the current status of the most frequently negotiated business terms. These business terms tend to vary dramatically depending on factors such as the state of the economy, current vacancy rates, and many others. This article, however, will instead focus on principles ("Golden Rules") that should be adhered to when negotiating a lease regardless of whether you are a landlord, a tenant, or in a landlord or tenant favorable environment.http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=469http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=469Thu, 17 Nov 2011 12:00:00 CSTAs expected, Governor Scott Walker has signed legislation to conform the exclusion under Wisconsin state income tax law for health coverage provided to an employee's adult child to the exclusion provided for that coverage under federal income tax law. If an employer's health plan extends coverage to an employee's adult child, then, through the end of the tax year in which the child attains age 26, the employee will not be subject to either federal or Wisconsin state income tax on the value of that coverage. This is the case regardless of whether the child otherwise qualifies as the employee's tax dependent. This change in Wisconsin law is effective for tax years beginning on or after January 1, 2011. http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=468http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=468Thu, 10 Nov 2011 12:00:00 CSTNovember 7, 2011 ? Randall D. Crocker, President and CEO of von Briesen & Roper, s.c., today announced that the firm has been awarded the 2011 International Legal Technology Association's (ILTA) Emerging Technology Champion Award. The award was presented to William Caraher, CIO, at the ILTA annual conference in Nashville. http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=467http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=467Mon, 07 Nov 2011 12:00:00 CSTTwo recent developments under Wisconsin law eliminate disparities with federal law and may simplify health plan administration for Wisconsin employers. First, the Wisconsin insurance law requirement that dependent child coverage be offered to the adult children of covered employees has been amended to conform to the federal adult child coverage requirement. Second, Senate Bill 203, which recently passed both houses of the Wisconsin Legislature and is awaiting Governor Scott Walker's signature, would amend Wisconsin tax law to conform the state income tax exclusion for coverage provided to an employee's adult child to the federal income tax exclusion. http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=466http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=466Wed, 26 Oct 2011 12:00:00 CSTThe Internal Revenue Service ("IRS") has announced the cost of living adjustments for the 2012 tax year, which affect various dollar limitations for retirement plans. The IRS increased many of these limitations for the first time since 2009. Some limitations remain unchanged. The following chart highlights many of the noteworthy limitations for the 2012 tax year. http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=465http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=465Mon, 24 Oct 2011 12:00:00 CSTTo err is human. But despite our best intentions and efforts, errors in construction sometimes occur. Often, the error is minor and neither impacts structural safety nor detracts from project quality, value or aesthetics. Still, a Homeowner may demand what could be an expensive and unnecessary correction. On the one hand, the Homeowner wants to get what they paid for. On the other, the Remodeler would like to avoid the costs of an unnecessary and impractical repair. Wisconsin's Economic Waste Doctrine can be used to break the stalemate.http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=463http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=463Wed, 12 Oct 2011 12:00:00 CSTCorporations spend tens of millions of dollars each year to file trademark registrations and to protect their brands. So imagine explaining to the CEO why your trademark is now being used in an adult website (domain name) address. Domain names are controlled by an international organization known as ICANN?The Internet Corporation for Assigned Names and Numbers. ICANN has the job of assigning names and internet protocol (IP) addresses to websites. ICANN recently approved the registration of domain names using a (.xxx) suffix for the website address. The (.xxx) suffix was created to be used only by adult websites. This new domain name suffix is intended to make it less likely for a web browser to unwittingly reach an adult website.http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=462http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=462Mon, 10 Oct 2011 12:00:00 CSTTop 10 Concealed Carry Questions and Answershttp://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=461http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=461Fri, 23 Sep 2011 12:00:00 CSTThe U. S. Senate passed sweeping legislation on September 8, 2011, designed to significantly overhaul the U.S. patent system. The Leahy-Smith America Invents Act ("Act")(HR 1249) makes numerous changes to the U.S. patent laws, most notably conforming U.S. patent law to the laws of most other countries by granting patent protection to the first person to file for patent protection rather than the first to invent, as it is now. Portions of the Act will take effect immediately, while others will become effective in 12 to 18 months. President Obama is expected to sign the bill into law promptly.http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=450http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=450Fri, 09 Sep 2011 12:00:00 CSTFormer Chief Legal Counsel of the Wisconsin Department of Health Services, Diane Welsh, Joins von Briesen & Roper, s.c.http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=449http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=449Thu, 25 Aug 2011 12:00:00 CSTvon Briesen & Roper, s.c. Forms Strategic Risk and Crisis Management Practice Sectionhttp://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=448http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=448Tue, 23 Aug 2011 12:00:00 CSTArbitration clauses are found in many construction contracts. These provisions obligate the parties to resolve their related disputes through arbitration rather than through the courts. Arbitration has its advantages. Often, it is quicker and less expensive than court proceedings. Also, arbitration provisions typically allow the parties to choose the arbitrator. A decision maker with firsthand knowledge of any technical issues involved in the case could be an advantage. http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=453http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=453Mon, 01 Aug 2011 12:00:00 CSTOn July 19, 2011, the Wisconsin Supreme Court issued a decision in Casper, et al. v. American International South Ins. Co., et al., 2011 WI 81 ("Casper") in which it addressed three issues: 1) the excusable neglect standard relative to default judgments; 2) whether an insurance policy must be delivered or issued in the State of Wisconsin in order to subject the insurer to a direct action under Wis. Stat. ?? 632.24 and 803.04(2); and 3) whether a corporate officer may be held personally liable for non-intentional torts that occur within the scope of employment.http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=447http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=447Thu, 28 Jul 2011 12:00:00 CSTvon Briesen & Roper Announces New Public Finance Section and Welcomes Andrew J. Guzikowskihttp://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=446http://www.VonBriesen.com/resourcelibrary/fetcharticle.aspx?id=446Wed, 27 Jul 2011 12:00:00 CST