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Mergers and Acquisitions Affected By Amended Thresholds Under Hart-Scott-Rodino Act Effective March 2, 2005

Posted on February 28, 2005 by

A recent rulemaking announced by the Federal Trade Commission has amended the various filing thresholds for parties engaged in merger and acquisition activity subject to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR”), effective as of March 2, 2005. These filing thresholds are being amended as required by statute based upon increases in the United […]

Sundance Rehabilitation Corporation v. EEOC

Posted on August 26, 2004 by

The above decision was issued by the United States District Court, Northern District of Ohio, Eastern Division on July 26, 2004. The decision pertains to the enforceability of a general release of all claims that includes a provision that states that the individual will not file a claim with an administrative agency, such as the […]

State of Wisconsin Will Not Follow New Federal “White Collar” Rules Issued by the Department of Labor

Posted on August 10, 2004 by

In late April of 2004, the U.S. Department of Labor (DOL) issued final revisions to its new regulations pertaining to the “white collar” overtime pay exemptions under the Fair Labor Standard Act (FLSA). The white collar exemptions apply to executive, administrative, professional, computer and outside sales employees. The new regulations redefine the criteria used to […]

Important WFEA Development – Wisconsin Supreme Court Decides Hutchinson Technology Case

Posted on July 13, 2004 by

On June 30, 2004, the Wisconsin Supreme Court upheld a decision issued by the Labor and Industry Review Commission, holding an employer violated the Wisconsin Fair Employment Act (WFEA) by failing to reasonably accommodate a disabled employee or showing that doing so would impose a hardship on the employer. Hutchinson Technology, Inc. v. Labor and […]

Jobs and Growth Tax Relief Reconciliation Act of 2003

Posted on May 30, 2003 by

On May 28, 2003, President Bush signed the Jobs and Growth Tax Relief Reconciliation Act of 2003 (the “Act”). The Act provides a tax cut package of $350 billion and contains no provisions for raising revenue. Outlined below are several key provisions for investors and businesses. Reduction in Ordinary Income Tax Rates for Individuals. The […]

Managing Environmental Impairment

Posted on April 10, 2003 by

Environmental issues permeate commercial and industrial real estate development and acquisition of businesses. In addition to traditional contractual mechanisms to allocate the risk of environmental liability, there are a variety of statutory protections to encourage Brownfield redevelopment. This outline will describe mechanisms available to the stakeholders in commercial and industrial development. I. LOCAL GOVERNMENTAL UNIT […]

New Burden Placed on Employers to Disprove Discrimination

Posted on September 1, 2001 by

Last year, the United States Supreme Court increased the burden on employers to disprove claims of discrimination. In a case known as the Reeves decision, the Supreme Court, for the first time, allowed a jury to find that discrimination had occurred based on “inferences” of discrimination rather than on direct evidence of discrimination. In other […]

Who Should Be Trustee?

Posted on March 1, 2001 by

Many people think of trusts as stodgy legal documents used primarily for leaving money to heirs. But the truth is that trusts are much more than that. Trusts can be used for a broad variety of purposes, from charitable gifting to reducing your taxes. A trust is simply a formal agreement that assigns ownership of […]

Non-Compete Agreements Must Be Limited To Be Enforceable

Posted on January 9, 2001 by

A noncompete provision prohibits an individual from competing against the individual’s employer or former employer during his or her employment and after the employment relationship has ended. Wisconsin has adopted a law which addresses the legality of noncompete provisions. Section 103.465 of the Wisconsin Statutes states that a provision prohibiting an individual from competing with […]