New OWI Law Takes Effect on July 1st
Changes Impose Stiffer Penalties for Offenders
In response to growing public concerns over the effectiveness of Wisconsin's impaired-driving laws, the Wisconsin Legislature enacted 2009 Wisconsin Act 100, which takes effect July 1, 2010. The law makes several important changes to Wisconsin's pre-existing OWI regulations.
First Offenses Criminalized under Some Circumstances
Under the old law, first-time OWI offenders were only guilty of a moving traffic violation. Though the new law largely keeps this rule in place, it does make one exception: If there is a child under the age of 16 in the car and the driver is intoxicated, the driver now can face a misdemeanor conviction, up to six months in jail and a maximum fine of $1,100.00.
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Employer Responsibilities Under New Indoor Smoking Ban
Statewide Ban Becomes Effective on July 5th
with credit to Lincoln Loehre, Summer Law Clerk Many Wisconsin employers will be required to prohibit indoor smoking in their workplaces when the controversial statewide ban becomes effective on July 5. This ban will generally prohibit smoking in all enclosed public places or places of employment, including taverns and restaurants. However, in addition to punishing smokers who violate the ban, the law provides for up to $100.00 in fines per day for "persons in charge" who fail to take reasonable efforts to prohibit illegal smoking. All employers should become familiar with the new ban's requirements to avoid complaints or possible citations.
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| Wisconsin's New Durable Power of Attorney Law
More Durable than Ever
with credit to Will McKinley, Summer Law Clerk
Under common law, a power of attorney becomes ineffective upon the incapacitation of the principal. However, like most states, Wisconsin adopted legislation which allowed powers of attorney to be made durable - that is, to remain effective when the principal becomes incapacitated.
Recently, in response to growing concerns about the inflexibility of durable powers of attorney, the Wisconsin Legislature adopted the new Uniform Power of Attorney Act, which will become effective on September 1, 2010. The adoption of the new Uniform Power of Attorney Act will significantly change Wisconsin's existing laws governing powers of attorney by allowing for greater flexibility in accepting an agent's authority and adding provisions to prevent and redress financial abuse.
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| Know Your Real Estate Contract Terms
Recent Decision Confirms Parities Can Sue for Specific Performance
 A recent decision from the Wisconsin Supreme Court reaffirmed the long-standing principle that parties to a contract to purchase real estate enjoy unique remedies in the event either party breaches the purchase contract. Though the case involved two sophisticated commercial real estate developers, its principles apply to all real estate contracts executed in Wisconsin. The case, Ash Park, LLC v. Alexander & Bishop, Ltd., involved the purchase of a large vacant parcel of real estate in Ashwaubenon, Wisconsin. Alexander & Bishop agreed to purchase the property for $6.3 million pursuant to an offer to purchase the parties had negotiated. The original offer to purchase contained a contingency that allowed Alexander & Bishop to walk away from the transaction if it could not secure an anchor tenant to occupy the proposed development by a certain date. However, Alexander & Bishop failed to invoke this contingency by the deadline contained in the offer, and Ash Park prepared for closing. Prior to closing, Alexander & Bishop notified Ash Park that it failed to secure an anchor tenant; and Alexander & Bishop requested a termination of the offer to purchase. Ash Park declined, noting that the parties had a valid purchase contract with no remaining contingencies.
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Liebmann, Conway, Olejniczak & Jerry, S.C. was named Best Law Firm in the 2010 Green Bay Press-Gazette Best of the Bay Readers' Choice Awards.
Our firm is dedicated to providing sophisticated legal services to the people, businesses and organizations that make Northeast Wisconsin a great place to live and work.
We appreciate your votes and the opportunity to serve this great community. |
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Michele McKinnon |
Michele M. McKinnon concentrates her practice in banking and creditors' rights and business law. Her practice focuses primarily on advising creditors on financial transactions including loan documentation, work out agreements,
foreclosure and replevin actions, the Uniform Commercial Code and bankruptcy rights. She is one of the few local attorneys designated by the Small Business Administration to prepare 504 loans.
James Ledvina |
James Ledvina focuses his practice on estate planning, probate, tax, business law, and mergers and acquisitions. He is a Certified Public Accountant with a Masters of Accountancy Degree in tax. He is a graduate of Marquette University Law School and a native of Luxemburg, Wisconsin.
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