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Recent Blog Posts
The Pros and Cons of Using Mediation for Your Civil Case
By Law Clerk Nathan Froemming
A civil case involves a conflict between you, or your company, and another person or company. Mediation is often the best way to resolve a civil conflict, since it can save time and money for both parties. Mediation has become a common way to resolve disputes between parties and is an alternative to asking a court to make a decision. It is important for any civil litigant to understand what mediation is, as well as some of its benefits and drawbacks.
What Is Mediation?
Mediation is a cooperative problem-solving process in which a neutral professional guides the parties in clearly identifying the issues in dispute and coming to agreements that are in the best interests of all parties. The mediator will not make a final decision in the case. Rather, it is the parties’ responsibility to arrive at a settlement. Mediation can be used as a tool to successfully resolve disputes in a wide variety of areas—including divorce, business, employment, personal injury, malpractice, and many more.
Gov. Evers Hopes to Have Pardon Advisory Board in Place By Summer
With Governor Tony Evers in office, many people in Wisconsin are excited that pardons will be available once again. Unfortunately, the process of granting pardons to Wisconsin residents has gotten off to a slow start. Governor Evers, who promised during the campaign to issue pardons, said that he is “disappointed” that his administration has not set up the Pardon Advisory Board nearly four months into his term.
The Pardon Advisory Board will be made up of about 15 people who will review applications from felons and make recommendations to the governor. Gov. Evers said that he has a team of three lawyers who are working to revive the pardons review board and is hopeful that the Pardon Advisory Board will be operational by summer. Evers explained that his lawyers have not had enough time to resolve this pardon issue because they have been busy focusing on legal challenges to the lame-duck legislative session Republicans started in December.
Expungement Reform Continues to Gain Legislative Support in Wisconsin
After receiving overwhelming support from both Republicans and Democrats, Wisconsin lawmakers have continued to push for legislation that would allow more people to seek expungement. The bill is called the “Pathways to Employment,” a title that illustrates the purpose behind the proposed law: to help former non-violent offenders transition from prison into the workforce. The Pathways to Employment bill is designed to provide persons convicted of lower-level crimes with a second chance at life and also seeks to reduce Wisconsin’s labor shortage.
Expungement involves a person petitioning to have his or her criminal convictions expunged, or cleared from the public court record. Because a criminal record can hinder a person’s ability to secure housing, employment, financial aid, and other opportunities that require a background check, this new expungement law truly provides people with a second chance. Since the Pathways to Employment bill passed at the committee level with bipartisan support in both chambers, supporters believe that this bill will soon become law. A full vote to determine whether this expungement bill will become law is scheduled to take place in May.
Supreme Court to Hear Cases on Workplace Sexual Orientation Discrimination
The U.S. Supreme Court recently announced that it will hear three cases involving discrimination on the basis of sexual orientation and sexual identity in the workplace. The consequences of their decisions in these cases could be far-reaching for private citizens as well as employers who must comply with state and federal employment laws. A recent study shows that LGBT people are much more likely to experience discrimination at work than their heterosexual peers. A 2017 Harvard study found more than one in five LGBT Americans report experiencing employment-related discrimination. Therefore, many LGBT Americans will be eagerly waiting to hear about the Supreme Court’s decision on this issue.
This legal question has presented a split among the lower courts. Some courts have ruled that federal law prohibits employers from discriminating against those who identify as LGBT. Other courts have held that there is no law prohibiting this discrimination in the workplace.
5 Spring Safety Tips to Help Avoid Motorcycle Accidents
It is springtime, which means motorcyclists will removing the covers off their motorcycles and going for their first ride in months. If you are a motorcyclist, you should take this time to re-familiarize yourself with safety tips that will help you avoid accidents.
Follow these tips to avoid a motorcycle accident this spring.
- Mind the weather. Spring is notoriously a wet time of year, and roads are often slippery or muddy. You should never assume the depth of standing water.
- Inspect your bike. Your tires should be free from cracks, bulges, and signs of wear in the treads. You should also look under your bike for any signs of oil or gasoline leaks. All fluid levels should be tested, and any burned out headlights, tail lights, or signals should be replaced.
Drone Operation Can Lead to Criminal Charges
Drones have become popular in several industries and among personal users. As such, Wisconsin has passed laws prohibiting certain acts involving drones. This is an emerging area of law, and ignorance of the law is not a defense to criminal charges. If you use a drone or are considering using a drone, you should educate yourself on drone laws.
What Is a Drone? How Are They Used?
Under Wisconsin law, a drone is defined as an aircraft operated without the possibility of direct human intervention from within or on the aircraft. The number of drones purchased each year continues to increase as drone technology and utility improves. In January 2018, more than one million drones were registered with the Federal Aviation Administration.
Drones can be used in many ways, including:
Pardon Requests Being Made to Wisconsin Governor’s Office
The news that pardons will once again be granted in Wisconsin has gotten out, and pardon applications have begun rolling in. It is expected that once the Pardon Advisory Board is fully filled, even more pardon requests will be received by the state.
The Pardon Advisory Board reviews pardon applications and makes recommendations to the Governor. Some of those seeking pardons ask for commutation of a sentence, while others have served their sentences and want to receive a pardon in order to be able to move on with their lives. Pardons typically restore all civil litigation that were affected by the conviction, such as the right to vote, serve on a jury, possess a firearm, hold certain professional licenses, and run for office.
Why Are Pardons Now an Option?
The new Wisconsin governor, Tony Evers, has recently announced that his office will entertain pardon requests. The prior governor, Scott Walker, had placed a moratorium on considering any pardons.
Wisconsin Legislature Considers Bill to Reform Expungement Law
By Expungement is a powerful tool to help provide a second chance for those convicted of criminal charges. For that reason, it is highly sought by many who wish to clear their criminal records. The Wisconsin Legislature has before it and is currently considering a bill that would make more people eligible to have their records expunged and provide some necessary reforms to overcome obstacles to expungement that have been imposed by a series of court of appeals decisions over the past several years.
What Is Expungement?
Expungement is the removal of certain criminal convictions or juvenile court records from official state records, which include the official court record, possibly the state’s online court record system (CCAP), and the arrest records kept by the Dept. of Justice Crime Information Bureau in Madison. Under Wisconsin law, to expunge is “to strike or obliterate from the record all references to the defendant’s name and identity.” Expungement of a criminal record allows someone arrested on criminal charges or convicted of a crime to have a clean start with regard to that case.
How Can I Defend Myself Against Accusations of Domestic Violence?
False accusations of domestic violence are more common than one might think. They can be devastating to someone’s personal reputation and professional life. It is important to take these types of sensitive criminal charges seriously by hiring an experienced attorney who has defended clients against such accusations and understands the best way to proceed with a case.
How Does the Law Define Domestic Violence?
While you may have an idea about what acts are commonly considered to be domestic violence by the general public, Wisconsin law specifies exactly what must transpire for a charge to be properly labeled as “domestic violence.”
Wisconsin State Statute 968.075(1) defines “domestic abuse" as any of the following engaged in by an adult person against his or her spouse or former spouse, against an adult with whom the person resides or formerly resided, or against an adult with whom the person has a child in common:
Choosing the Correct Business Entity When Starting a New Company
If you are about to take the exciting step of forming a new business, you should not overlook the important decision of the type of entity your business will utilize. The business entity you select will affect every facet of your business, so you should make the decision with the aid of trusted legal professionals.
No two situations are the same. Simply because a competitor or similar business has utilized, for example, an LLC business structure does not mean that this is the right choice in your situation.
Why Business Type Matters
The law defines several types of business entities, and each has distinct features that could help or hurt your business. The type of entity selected will affect how the business is taxed, and different business entities have different requirements in terms of paperwork. The potential personal liability that a business owner may be exposed to is another key consideration. Finally, the type of entity you select will dictate how you can raise money.
