Legal News

In addition to serving our clients, our attorneys are active in publishing articles, conducting seminars and giving speeches. Our firm also issues many press releases and is frequently mentioned in various news sources. These resources are available for information purposes only and may be obtained by using the various search functions below.

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Oct 27 2021

EEOC Updated Guidance for Handling Religious Exemption Requests from Vaccine Mandates

Posted By: James R. Macy & John A. Rubin & Natalie D. Fluker
Legal Update
Labor and Employment & COVID-19 von Briesen Task Force

Employers nationwide are implementing mandatory COVID-19 vaccination policies in light of the September 9, 2021 announcement of President Biden’s “Path Out of the Pandemic” COVID-19 Action Plan. In turn, employers are increasingly receiving requests from employees for exemptions from these mandatory vaccine policies for a wide variety of reasons, including medical, social, political, economic, and personal, as well as religious reasons.

In considering employee requests for an exemption from a vaccine mandate for religious reasons, employers need to consider the request under both state and federal law. While both the state Wisconsin Fair Employment Act (WFEA) and Title VII of the Civil Rights Act of 1964 under federal law recognize religious exemptions, the consideration under each has some differences.

Oct 19 2021

Surprise! It's the No Surprises Act

Posted By: Kelly J. Noyes
Legal Update
Health Law & Patient Care Issues and Risk Management & Billing and Payment

In January 2022, a new law goes into effect limiting “surprise” medical bills, or bills insured patients receive for out-of-network care, either in emergency settings, or from out-of-network providers at in-network facilities. Congress passed the No Surprises Act as part of the 2020 year-end omnibus spending bill and, while many details of the No Surprises Act are still forthcoming as federal agencies engage in the necessary rulemaking (which may not be complete by the Act’s effective date), health care providers, facilities, insurers, and health plans should act now to ensure they are ready to comply with the Act’s requirements.

What is surprise billing?
In the context of the No Surprises Act, a “surprise bill” occurs when a health care provider or facility balance bills a patient the difference between the facility or provider’s billed charges, and a health plan’s out-of-network benefit. These bills are often a surprise because the patient either was not able to choose whether to use an in-network or out-of-network facility or provider, or was not aware that the provider was out-of-network until after the services were rendered.

For example, if a patient is injured in an accident and is unconscious, the patient may be taken to an out-of-network emergency room. Another example is when a patient chooses an in-network facility and an in-network primary provider, but is unaware that other providers, such as anesthesiologists, or specialists brought in to address complications, are not in-network. In both scenarios, patients can end up with large, out-of-network bills through no fault of their own.

Oct 15 2021

Disappearing Act: What You Need to Know About the Estate and Gift Tax Provisions of the House Ways and Means Committee Tax Proposals

Posted By: Terri S. Boxer & Megan L.W. Jerabek
Legal Update
Trusts and Estates & Estate Planning & Estate and Trust Administration

On September 13, 2021, the House Ways and Means committee released its proposals to raise revenue, including increases to individual, trust and corporate income taxes, changes to retirement plan contributions and distributions, and changes to the estate and gift tax laws. We will continue to monitor this legislation and will provide relevant updates, but wanted to highlight the proposed estate and gift tax changes that may be most crucial to your immediate planning.

Oct 14 2021

von Briesen & Roper, s.c. Welcomes Four Attorneys

Press Release

von Briesen & Roper, s.c., today announced that four lawyers recently joined the firm: Brandon J. Conway, Jordyn A. Janikowski, Christina M. Lucchesi and Audrey R. Merkel.

Oct 14 2021

Court of Appeals Rules UIM Limits Are Reduced Only by Worker’s Compensation Actually Received

Posted By: Heidi L. Vogt & Mollie T. Kugler
Legal Update
Insurance Coverage and Risk Management

Secura Supreme Insurance Company v. The Estate of Daniel Keith Huck, 2020AP1078-FT (Ct. App. Sept. 29, 2021)

In Secura, the decedent Huck was killed by a motorist while working in the course and scope of his employment for the Village of Mt. Pleasant. After receiving the tortfeasor’s liability limits of $25,000 and worker’s compensation from the Village’s insurer, the Estate submitted a claim for underinsured motorist’s (“UIM”) coverage under Huck’s automobile insurance policy with Secura, which had limits of $250,000. Secura’s policy language provided that UIM limits would be reduced by “all sums … [p]aid or payable because of the bodily injury under … [w]orker’s compensation law,” tracking the language of Section 632.32(5)(i)2. While the Estate initially received worker’s compensation benefits of $35,798.04, it was obligated by Section 102.29 to refund the insurer $9,718.73 from its settlement with the tortfeasor, netting $26,079.31. Secura and the Estate agreed the UIM policy limits were reduced by the $26,079.31 paid to and kept by the Estate but disagreed whether the limits were also reduced by the amount paid by and then paid back to the insurer pursuant to Section 102.29. The circuit court found for the Estate, and Secura appealed.