Posted on November 4, 2011 by Sara J. Ackermann
Recently, courts have awarded monetary sanctions ranging from $25,000 to $1,000,000 against companies that failed to prevent the destruction of electronic evidence. These sanction amounts reveal that the failure to implement a litigation hold and preserve evidence when required can have serious consequences for your business. Many business owners, managers, and human resources professionals believe […]
Posted on July 26, 2011 by Ruder Ware Alumni
The 2011-13 Wisconsin budget bill raises the limit on many types of small claims actions. Effective July 1, 2011, the monetary limit for small claims actions for money judgments, replevin, attachments, and garnishments is $10,000 or less. Previously, the small claims limit was $5,000 or less. The increased limit does not apply to personal injury […]
Posted on May 25, 2011 by Russell W. Wilson
You have faithfully and scrupulously carried out your Mom’s wishes. You are her primary agent under her durable and healthcare powers of attorney because Mom wants you. She wants your companionship. She wants your care and attention. She moved from the homestead to live near you because you are the one she wants. She not […]
Posted on December 1, 2009 by Russell W. Wilson
Mom (or Dad) has become more than a little forgetful. Dad (or Mom) is deceased (or is mentally incompetent). Mom has some medical conditions, but she still lives in the home in which you grew up. She is on Social Security. She has some savings, some stocks, some insurance, and the family cottage up north. […]
Posted on June 18, 2007 by Russell W. Wilson
The Wisconsin Court of Appeals has ruled in favor of an employee’s claim for renewed workers’ compensation temporary total disability benefits (“TTD”) after he was fired for having violated a very important safety rule. The employee, Dennis Race, was an electrician for Emmpack Foods. Race suffered an on-the-job injury to his left hand. Race returned […]
Posted on May 1, 2006 by Ruder Ware Alumni
Homeowners file a complaint against you alleging that defects exist in their new home. The complaint is the first notice you have received from the disgruntled homeowners. You notify your insurance company, get the complaint to your attorney, and the time-consuming and expensive litigation process begins. Well, not so fast. In many states – perhaps […]
Posted on April 10, 2003 by Russell W. Wilson
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 […]
Posted on September 1, 2001 by Kevin E. Wolf
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 […]