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 19 2020

The First Amendment: Legal and Practical Considerations for Schools in 2020

Posted By: Christine V. Hamiel & Sarah E. Hanneman
Legal Update
School Law

Amidst a global pandemic, a presidential election is on the horizon, which, coupled with a variety of social movements, has created the perfect environment for a number of First Amendment issues to arise in schools. From the political – MAGA and Build Back Better – to social movements, such as Black Lives Matter, Antifa, and the neo-Confederate movement, the magnitude of the societal and political forces at play have increased tensions and spurned protests and activism. The current cultural and political landscape has had a significant impact on communities across our nation this summer. Such issues will inevitably make their way through the schoolhouse gates. Is your school district prepared?

As students and staff look for ways to express their personal beliefs through apparel, masks, signs, and protests, school districts must be ready to address these matters once they cross the threshold into schools. This Legal Update addresses various scenarios that school districts have encountered, or likely will encounter, while providing legal guidance and practical considerations for response.

Sep 22 2020

Back to School: Novel Attendance Issues in 2020

Prior to the COVID-19 pandemic, day-to-day school attendance problems typically involved unexcused student absences, excessive sick days, or other situations in which a student’s or employee’s physical absence from school disrupted student education in some way. For Wisconsin school districts that have adopted an education model involving in-person learning (and for those districts that will be phasing in face-to-face instruction), the biggest attendance concern for the 2020-2021 academic year is knowing when and under what circumstances students, teachers, and other school staff should not be permitted to physically attend school as a result of the quarantine of isolation requirements. This Legal Update provides a summary of the current federal and state quarantine and isolation recommendations for school districts to consider when it is made aware of a student or staff member’s possible exposure to or contraction of COVID-19.

Sep 17 2020

U.S. Department of Labor Issues Revised FFCRA Rules and Regulations

Posted By: Robert J. Simandl & John A. Rubin
Legal Update
Labor and Employment & COVID-19 von Briesen Task Force

On September 11, 2020, the United States Department of Labor (“DOL”) issued revised regulations for the Families First Coronavirus Response Act (“FFCRA”) relating to the administration of both the FFCRA’s Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA). The DOL revised these regulations in response to a New York federal court decision that invalidated four provisions of the original regulations.

Sep 03 2020

CMS Extends Publication of Final Stark Rule Amendments until August 31, 2021

CMS announced on August 27 that it is delaying publication of its final rule on amendments to the Stark physician self-referral rule until August 31, 2021. CMS had previously announced its intent to publish the final rule in August 2020.

Sep 02 2020

IRS Issues Guidance on the President's Payroll Tax Deferral

Posted By: Robert B. Teuber & Robert J. Simandl & Zachary J. Flood
Legal Update
Labor and Employment & Tax & COVID-19 von Briesen Task Force

President Trump issued a Presidential Memoranda (“PM”) on August 8, 2020 which, in part, directed the Secretary of the Treasury to defer the collection of social security payroll taxes from employees between September 1, 2020 and December 31, 2020. On August 28, 2020, the IRS issued Notice 2020-65 (the “Notice”) which provides guidance on how the deferral process will be administered. This Legal Update will provide an overview of the current status of the payroll tax deferral program, including best practice recommendations for employers for compliance and to avoid interest and penalties. There remain issues in the operation of this deferral program on which additional guidance is anticipated.