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Please Click HerePosted on November 4, 2016 by Ruder Ware Alumni
In 2014 Oklahoma enacted a radical change to its workers’ compensation statute, and on September 13, 2016, the Oklahoma Supreme Court held that it violates the state constitution. The case is Dillard’s, Inc. v. Vasquez, 2016 OK 89. Some version of the Oklahoma legislative plan might be considered by the Wisconsin Legislature. This article explores […]
Posted on November 3, 2016 by Ruder Ware Alumni
Two recent decisions regarding disability discrimination have outlined an employer’s responsibilities when dealing with a potential claim of disability and need for accommodation. These decisions offer reminders for employers of the importance of recognizing potential disability claims and addressing them promptly. In the first decision, the Eighth Circuit Court of Appeals concluded that an employee […]
Posted on November 2, 2016 by Ruder Ware Alumni
Last month the Bureau of Consumer Financial Protection (CFPB) quietly approved a revised and redesigned Uniform Residential Loan Application (URLA) for 2017 to allow for the collection of more information about the ethnicity and race of loan applicants. With some exceptions, Regulation B § 1002.5(b) generally prohibits a creditor from inquiring about the race, color, […]
Posted on November 2, 2016 by Ruder Ware Alumni
The automated teller machine revolutionized banking by allowing a depositor to withdrawal money anytime, anyplace without the need of a single bank employee. FinTech and the increased depositor adoption of banking mobile apps may do the same thing to entire bank branches. A recent survey by the American Bankers Association (ABA) has found that more […]
Posted on November 2, 2016 by Ruder Ware Alumni
Shortly before Congress recessed for the November election, the House of Representatives overwhelmingly passed Rep. Adam Kinzinger’s (R-IL) resolution urging the United States to “adopt a national policy for technology to promote consumers’ access to financial tools and online commerce to promote economic growth and consumer empowerment.” The Resolution (H.Res. 835), without specifically referencing it […]
Posted on November 2, 2016 by Ruder Ware Alumni
On October 20, 2016, the FDIC released a report on the use of the traditional banking system in the United States. According to the report, in 2015, less than 4 percent of Wisconsin households were “unbanked” while nationally the average fell to 7 percent, the lowest percentage on record. An “unbanked” household is one that […]
Posted on November 2, 2016 by Christopher M. Seelen
Have you made a business or agricultural loan to an individual in Wisconsin? Have you secured that loan with a non-purchase money, non-possessory lien on personal property that the debtor uses in his business? If you answered “yes” to both questions, then you should be aware (or at least reminded) that your debtor can avoid […]
Posted on November 2, 2016 by Ruder Ware Alumni
On October 4, 2016, the Center for Medicare and Medicaid Services (CMS) published a final rule to revise the requirements that Long-Term Care facilities must meet to participate in the Medicare and Medicaid programs. CMS states that the revisions to nursing home regulations are intended to reflect the substantial advances that have been made in […]
Posted on November 2, 2016 by Ruder Ware Alumni
When Congress originally passed the False Claims Act (31 USC §§ 3729-3733), no one had the health care system in mind. The False Claims Act was also commonly referred to as the “Lincoln Law”. The original law was focused on unscrupulous vendors who provided overpriced and often faulty supplies to the military during the Civil […]
Posted on November 2, 2016 by Ruder Ware Alumni
A recent ruling from the Seventh Circuit Court of Appeals extended the notion of “truth as a defense” to a tortious interference with employment claim under Wisconsin law. This establishes a sound defense to a claim by an employee against other employees that they have tortiously interfered with the employee’s contract for employment with a […]