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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Jun 16 2021

Ignorance is Bliss – Unless Your Client Engages in Potential Crime or Fraud

Posted By: Joseph M. Russell & Stacy C. Gerber Ward & Christopher E. Avallone
Article
Government Enforcement and Internal Investigations

This article was originally published in The White Collar Crime Committee Newsletter, Summer/Fall 2020, ABA Criminal Justice Section.

One of the things that can keep a lawyer up at night is the nagging concern over the often-ambiguous line between legitimately advising a client regarding whether a law pertains to that client or inadvertently facilitating a crime by advising a client on how to favorably interpret a law. Of course, sometimes that line is clear and attorneys still recklessly step over it. Take, for instance, the many New York attorneys that were caught in the 60 Minutes sting reporting of 2016, wherein they appeared all-too-willing to advise on a proposed (bogus) money-laundering scheme. Unfortunately, regarding the broad activities of many corporate clients, it is a line that may not always be clear. Consider the boundaries that should be considered whenever a potential wants legal advice to create a business involving the sale of cannabis. In a recent ABA opinion, the ABA now seeks to help define that line.

Jun 16 2021

The American Rescue Plan Act: Guidance for Wisconsin Counties in Implementation of the Local Fiscal Recovery Fund

Posted By: Andrew T. Phillips & Jacob J. Curtis & John A. Rubin & Natalie D. Fluker
Article
Government Law

President Biden signed the American Rescue Plan Act of 2021 (“ARPA”) into law on March 11, 2021. ARPA is a $1.9 trillion federal spending package intended to provide economic and other relief related to the covid-19 pandemic.

The Wisconsin Counties Association and its general counsel, von Briesen & Roper, s.c., have received many questions surrounding ARPA, interpretation of its terms, and its impact on counties.

von Briesen & Roper, s.c. prepared comprehensive guidance for counties regarding the implementation of the Local Fiscal Recovery Fund.

Jun 15 2021

Court of Appeals Rules Regarding Priority of Coverage for Two Automobile Policies

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

Safeco Insurance Company of Illinois v. State Farm Mutual Automobile Insurance Company, 2020AP1288 (Ct. App. May 19, 2021)

Safeco arose from a motor vehicle accident involving driver Sean Manley. Sean Manley qualified as an insured entitled to coverage under a Safeco Policy issued to Arthur and Theresa Manley and a State Farm Policy issued to Patricia Manley, both of which had limits of $100,000. The driver of the other vehicle made a claim for bodily injury and Safeco settled it for $100,000, thereafter filing suit against State Farm for contractual or equitable subrogation. Safeco argued that, pursuant to the other insurance language of both policies, both policies applied to provide coverage on a pro rata primary basis—$50,000 each. The Waukesha Circuit Court granted summary judgment for State Farm, finding that the Safeco Policy was primary and the State Farm Policy was excess and Safeco was not entitled to subrogation from State Farm.

Jun 09 2021

Debt Recharacterization: Does State or Federal Law Apply?

Posted By: David I. Cisar & Christopher T. Koehnke & William D. Gardner
Article
Restructuring and Insolvency

Debt recharacterization is the concept or process of determining whether putative claims against a debtor are equity rather than debt. It is distinguished from equitable subordination under § 510 (c) of the Bankruptcy Code, as it is not based on inequitable conduct. The conduct of the parties to a transaction that is subject to recharacterization is only relevant to determining the parties intent and is not for purposes of finding inequitable conduct. This article only discusses transaction recharacterization, not equitable subordination.

Jun 04 2021

Man-to-Man or Zone Coverage: Piecing Together the Patchwork Quilt of Name, Image and Likeness Regulation and What Comes Next for College Athletics

Posted By: Megan L.W. Jerabek & Nicholas J. Probst
Legal Update
Sports Law

Whether an NCAA athlete should be able to profit from their name, image and likeness (NIL) has long been a topic of debate, but until recently it seemed the longstanding NCAA rule prohibiting athletes from NIL compensation would remain the accepted rule. However, beginning this summer, NCAA student athletes will enter a new landscape of NIL opportunities and college athletics will enter unchartered territory. While the changing of the tide is now inevitable, the question that has yet to be answered is whether this change will come in the form of patchwork legislation by the states, uniform federal legislation or revised NCAA rules. Regardless of where NIL ends up, athletes, colleges and fans are in for a groundbreaking summer.