Print This PageEmail This Page
Publications

 402 matches

March 2010
Employee Benefits Alert

One-Month Extension of COBRA Subsidy

March 2010
Immigration Law Update

Employer Immigration Compliance: The Top 10 Employer Mistakes on the Form I-9 and Easy Solutions

February 2010
Appellate Litigation Law Update

Finding the Nerve Center: Supreme Court Answers Where Is the “Principal Place of Business” for Diversity Jurisdiction

March 2010
For Your Benefits

Issue #2

February 2010
Public Finance Law Update

Build America Bonds: IRS Sends Out Questionnaire to Issuers of Build America Bonds Regarding Post Issuance Compliance

February 2010
Business Law Update

HIPAA Has Some New Teeth: Update on Interim Final Rule On "Improved Enforcement" Under HITECH

February 2010
Immigration Law Alert

Window for Filing H-1B Visa Petitions Fast Approaching

February 2010
Environmental Law Update

EPA Proposes Repeal of PM(2.5) Grandfathering and Surrogacy Policies

February 2010
Labor & Employment Alert

Court of Appeals Recognizes Potential “Bad Faith” Claim Arising Out of At-Will Employee Termination

February 2010
Immigration Law Update

U.S. Immigration Service Adds New Requirements to H-1B Employees Working Off-Site

February 2010
Labor & Employment Law Update

Employee Social Networking Can Lead to Employer Liability

February 2010
IRS Proposes Disclosure of Uncertain Tax Positions



February 2010
Public Finance Update

Recovery Zone Facility Bonds: Waiver and Reallocation of Allocations; Counties Permitted to Issue Industrial Revenue Bonds Under WI 2009 Senate Bill 440

February 2010
Environmental Law Update

Effluent Limitation Guidelines for Construction Sites Effective February 1, 2010

January 2010
For Your Benefits

This issue contains the following articles: IRS Discusses Ability of Accrual Based Taxpayer to Deduct Bonuses; Remittance of Participant Contributions to Retirement Plans - Timing is Everything; Supreme Court Declines to Review 401(k) Fee Case; February 17, 2010 COBRA Notice Deadline is Fast Approaching.

January 2010
Government Affairs Compliance Law Update

U.S. Supreme Court Strikes Down Bans on Corporate Political Spending

January 2010
Trusts & Estates Law Update

Federal Estate Tax Expires for 2010

January 2010
Employee Benefits Law Alert

COBRA Model Notices for 2010 Subsidy Extension

January 2010
Environmental Law Update

Wisconsin DNR to Launch Industrial and Commercial Facilities Recovery Initiative

January 2010
Labor & Employment Law Update

E-Verify: The Top 10 Mistakes Companies Make

January 2010
Tax-Exempt Organizations Law Update

L3Cs: What are They and What Should Private Foundations Know About Them?

January 2010
Employee Benefits Law Update

IRS Provides New Section 409A Document Correction Program

January 2010
Environmental Law Alert

Happy New Year! Are you Ready for Greenhouse Gas Regulation?

December 2009
Immigration Law Alert

The Fiscal Year 2010 H-1B Cap Has Been Reached

December 2009
Employee Benefits Law Alert

COBRA Subsidy Extended

December 2009
Labor & Employment Law Update

New Illinois E-Verify Law Takes Effect on January 1, 2010: Special Illinois Procedures Required

December 2009
Labor & Employment Law Update

Wisconsin Business Closing Law Amendments Require Additional Information to Affected Employees

December 2009
Trusts & Estates Law Update

Is a Conversion to a Roth IRA in Your Future?

December 2009
Trusts & Estates Law Update

Year-End Tax Planning Tips

December 2009
Direct Sales Industry Update

FDA Guidance Changes Regarding Labeling

December 2009
Environmental Law Update

EPA Announces New Clean Water Act Enforcement Plan

November 2009
Immigration Law Alert

U.S. Immigration and Customs Enforcement (ICE) Announces 1,000 New Audits of Employers Nationwide

November 2009
Tax Law Update

New Law Provides Tax Refund Opportunities For Businesses With Losses in 2008 or 2009

November 2009
Labor & Employment Law Alert

The FMLA Expands Again, and So Must Your Policies and Forms

November 2009
Business Law Alert

It's Déjà Vu All Over Again . . . Again: FTC Delays Red Flags Rule until June 1, 2010; Congress May Exempt Small Employers

November 2009
Labor & Employment Law Alert

New Required EEO Poster Content and Genetic Nondiscrimination Regulations

November 2009
China Law Update

A CFIUS Primer: Important Considerations for Foreign Investors and U.S. Companies

November 2009
Environmental Law Alert

Courts Clash on Viability of Greenhouse Gas Public Nuisance Suits

November 2009
Environmental Law Alert

New EPA Final Rule Requires Reporting of Greenhouse Gas Emissions - Starting January 1, 2010

October 2009
Real Estate Update

Wisconsin Court of Appeals Upholds Statutory Changes to Procedures for Assessment Contests

October 2009
Immigration Update

FDNS Visits Employer Worksites to Deter Fraud and Ensure Immigration Compliance

October 2009
Health Law Update

FDA Clarifies Investigational Drug Issues

October 2009
Health Law Update

HIPAA Breach Notification Goes Live: Providers May Now Report Breaches to DHHS Via Online Form

October 2009
Environmental Law Alert

New Proposed Rules Establish Framework for Regulation of Greenhouse Gas Emissions Through Title V and PSD Permits

October 2009
Intellectual Property Litigation Update

Exergen Corp. v. Wal-Mart Stores, Inc.: A Heightened Standard for Pleading Inequitable Conduct in Patent Cases

October 2009
Immigration Law Update

Diversity Immigrant Visa Lottery Now Open for Fiscal Year 2011

September 2009
Labor & Employment Alert

EEOC’s Proposed Regulations Interpreting Americans With Disabilities Act Released for Public Comment

September 2009
Real Estate Alert

New IRS Tax Rules Will Promote Ability to Modify CMBS Loans

September 2009
China Law Update

China’s Unseen Industry – Protecting Yourself Against Counterfeit Goods

September 2009
Tax Exempt Organizations Update

New Electronic Communication Opportunities for Illinois Not-for-Profit Corporations

September 2009
Government Affairs Compliance Update

Illinois Governor Quinn Rejects Campaign Finance Bill But Signs Lobbying Reforms Into Law

September 2009
Appellate Litigation Update

The “Sham Affidavit” Rule: Not Quite As Broad as You Might Have Thought

August 2009
Corporate Services Update

Red Flag Rules: Is My Business Covered by the Red Flags Rule?

August 2009
Immigration Alert

Department of Homeland Security Issues Revised Form I-9

August 2009
Health Law Update

A HIPAA Breach Notification Handbook: Everything You Ever Wanted to Know About Breach Notification Requirements but Were Afraid to Ask

August 2009
Labor & Employment Alert

Swine Flu Preparations: CDC Issues New Guidelines For Employers

August 2009
Labor & Employment Update

Federal Contractors, Subcontractors and Suppliers Beware: Proposed Notice of Employee Unionization Rights Exceeds Expectations

August 2009
Intellectual Property Update

Registration Opening for .MX Top Level Domain Names

September 2009
Real Estate Construction Update

Recent Decisions Underscore Difficulty Of Bid Protests; Quick Action, Including Request For Immediate Injunction, Is Likely Required

August 2009
Tax Law Alert

IRS Extends FBAR Filing Deadline to June 30, 2010 for Certain Taxpayers, but September 23, 2009 Filing Deadline Continues to Apply to Many Other Taxpayers

August 2009
Immigration Update

Federal Government Expands Enforcement of Immigration, I-9 and E-Verify Rules

August 2009
Financial Services Task Force

Federal Government Expands Its Prohibition Against Recovery Act Lobbying to Apply to All Persons, Not Just Lobbyists

August 2009
Government Affairs Compliance Alert

Federal Government Expands Its Prohibition Against Recovery Act Lobbying to Apply All to Persons, Not Just Lobbyists

August 2009
Labor and Employment Update

DOT Requires Observed Urination Procedure For Return-to-Duty and Follow-up Drug Testing of Employees in Safety-Sensitive Positions

August 2009
Commercial Transactions Litigation Update

Wisconsin Supreme Court Alters Legal Landscape For Restrictive Covenants in Employment Contracts

August 2009
Financial Services Task Force Update

First-Time Homebuyers May Be Eligible for a Special Tax Credit on Their Purchase

August 2009
Health Law Update

Health Law Chapter of the 2009 Annual Survey of Wisconsin Law

August 2009
Health Law Update

Physician Assistants May Sign Their Own Prescriptions Without Physician Countersignature (With Some Caveats, Of Course!)

July 2009
Health Law Update

Déjà Vu All Over Again? The FTC Delays the Red Flags Rule to November 1

July 2009
Financial Services Task Force Update

Obama Plan Overhauls Financial Services Regulation

July 2009
Labor and Employment Alert

A New Law for Arizona Employers: The "PARKING LOT LAW"

July 2009
Appellate Litigation Alert

Appraisers Beware: Arizona Court Finds Appraisers Have Duty to Homebuyer

July 2009
Product Liability Update

Wisconsin Supreme Court Signals Changes in Product Liability

July 2009
Real Estate Alert

Lenders to Provide Notice of Availability of Mediation Services in All New Milwaukee County Foreclosure Filings

July 2009
Tax-Exempt Organizations Alert

Wisconsin Adopts UPMIFA: Historic Dollar Value Rule for Endowments Eliminated

July 2009
Health Law Update

CMS Proposes Changes to the Physician Supervision Requirement for Outpatient Hospital Services

July 2009
Investor Services Update

Bernard Madoff Sentenced: An Aftermath Of Old Lessons, New Laws

July 2009
Corporate Services Update

Delaware Tax and Fee Increases for Business Entities

July 2009
Environmental Law Update

Update on Great Lakes Compact

July 2009
Tax Exempt Organizations Alert

Illinois Adopts UPMIFA: Historic Dollar Value Rule for Endowments Eliminated

July 2009
Health Law Alert

Budget Bill Makes Changes Affecting Patient Health Care Records and Treatment Records

July 2009
Labor and Employment Alert

Court Of Appeals Reverses NLRB On Union Email Solicitations

July 2009
Financial Services Task Force Update

Treasury Issues Interim Final Rule On Executive Compensation Standards Under TARP

July 2009
Labor & Employment Alert

Wisconsin FMLA Expanded to Cover Domestic Partners

June 2009
Tax Alert

Foreign Bank and Financial Account Reporting Requirements

June 2009
Indian Law Update

Treasury Issues Notice of Applications for Tribal Economic Development Bonds

June 2009
Public Finance Update

Guidance and Allocations Released for ARRA Recovery Bonds

June 2009
Environmental Alert

EPA to Focus on Compliance Monitoring in Title V Air Operating Permits

June 2009
Public Finance Update

Midwestern Disaster Area Bonds Provide Tax-Exempt Financing Opportunities for Private Businesses

June 2009
Real Estate Alert

IRS Releases Recovery Zone Bond Allocations Under the American Recovery and Reinvestment Act of 2009

June 2009
Health Law Update

Health Care Providers Beware: Congress Expands The False Claims Act

June 2009
Labor & Employment Alert

Court Strikes Down Milwaukee Paid Sick Leave Ordinance

June 2009
Intellectual Property Update

Personalized Facebook URLs and Potential Trademark Issues

June 2009
Labor & Employment Alert

Governor Doyle Signs Law, Expanding Remedies Under the Wisconsin Fair Employment Act to Include Compensatory and Punitive Damages

June 2009
Appellate Law Update

Ashcroft v. Iqbal: The Twombly Sequel — No "Threadbare Recitals" in Federal Complaints

June 2009
Environmental Law Update

Wisconsin Natural Resources Board Approves Thermal Discharge Rules

June 2009
Appellate Litigation Alert

Dissolving What's Been Merged: Judicial Dissolution Claim Survives Merger

May 2009
Tax-Exempt Organizations Update

New Federal Grants Aim to Strengthen Local Nonprofits

May 2009
Financial Services Task Force Update

Bankers Call for Elimination of Fair Value Accounting

May 2009
Public Finance Update

MSRB Webinars for EMMA Continuing Disclosure Submission Process; Changes to Small Issuer Continuing Disclosure Exception

May 2009
Real Estate Update

Recent Developments in Project Financing under the American Recovery and Reinvestment Act of 2009

May 2009
Labor & Employment Alert

Legislation Poised to Allow Employees to Recover Up to $300,000 in Compensatory and Punitive Damages Under the Wisconsin Fair Employment Act

May 2009
Tax-Exempt Organizations Update

IRS Issues Tips for Reporting Executive Compensation on Form 990

May 2009
Employee Benefits Update

Procedures, Procedures, Procedures; Fiduciary Decision-Making Process Can Be Key Evidence At Trial

May 2009
Environmental Law Alert

U.S. Supreme Court Speaks on CERCLA “Arranger” Status, Apportionment of Liability

May 2009
Labor & Employment Alert

Swine Flu — Workplace Preparations For Employers

May 2009
Health Law Update

Change of Deadline: Three More Months To Comply With FACTA Red Flags Rule

June 2009
Public Finance Update

Midwestern Disaster Area Bonds Provide Tax-Exempt Financing Opportunities for Private Businesses

April 2009
Tax-Exempt Organizations

IRS Issues Form 990 Preparation Checklist

April 2009
Government Affairs Compliance Alert

Federal Government Issues Restrictions on Lobbyist Communications

April 2009
Financial Services Task Force Update

Federal Government Issues Restrictions on Lobbyist Communications

April 2009
Employee Benefits Law Update

How Can I Reduce My Risk Of Being Sued? Actions For Plan Fiduciaries That Can Reduce The Risk Of An ERISA Lawsuit With Respect To Plan Investments

April 2009
Commercial Bankruptcy, Restructuring & Creditors' Rights Update

Steps To Take To Minimize The Risks Posed By Financially Distressed Customers And Suppliers

April 2009
Health Law Update

Federal Trade Commission Issues Proposed Breach Notification Rule

April 2009
Environmental Law Update

This issue contains the following articles: U.S. EPA Issues Proposed Greenhouse Gas Endangerment Finding; EPA's Greenhouse Gas Reporting Rule: What It Portends For Greenhouse Gas Emissions Regulation; U.S. Supreme Court To Address Superfund Cleanup Liability

April 2009
Environmental Law Update

Tucson Implements New Rainwater And Graywater Ordinances

April 2009
Public Finance Update

Campaign Practices

April 2009
Immigration Alert

H-1B Visas Are Still Available

April 2009
Health Law Update

How To Avoid The HIPAA (HITECH) Security Breach Notification Requirement: DHHS Issues (Timely!) Guidance On Methodologies To "Secure" Protected Health Information

April 2009
Health Law Update

What are They?: The Debate Over Whether Drug/Device Sales Reps are Exempt from Overtime Pay Continues

April 2009
Government Affairs Compliance Alert

Government Accountability Board Looks to Change Campaign Landscape With Regulation of Issue Ads

April 2009
Public Finance Update

Stimulus Bond Programs At A Glance: Build America Bonds, Tax Credit Bonds and Others Compared

April 2009
Public Finance Update

Treasury Guidance Regarding ARRA Bond Provisions

April 2009
Health Law Update

Time Running Out on Identity Theft Rules Deadline

April 2009
Employee Benefits Law Update

Who Can I Blame for the Loss in my 401(K) Plan Account? Recent Cases Show Breach of Fiduciary Duty Claims and Litigation Can be Costly

April 2009
Labor & Employment Alert

Proposed Rules for Milwaukee Sick Leave Ordinance Issued While Injunction Remains In Effect

April 2009
Tax Law Update

New Wisconsin Tax Laws Impact Multistate and In-State Companies

April 2009
Employee Benefits Update

IRS and DOL Issue Additional COBRA Subsidy Guidance and Model Notices

April 2009
Financial Services Task Force Alert

FASB Eases Fair Value Accounting Rules

March 2009
Labor & Employment Alert

New Broad Whistleblower Protection Related To Stimulus Funds

March 2009
Financial Services Task Force Update

Auto Supplier Support Program

March 2009
Financial Services Task Force Update

Treasury Releases Details of Public-Private Partnership to Purchase Toxic Assets

March 2009
Health Law Update

The OIG Narrows the Self-Disclosure Protocol to Exclude Stark Violations

March 2009
Intellectual Property Law Update

Unlimited? Introducing the New Generic Top Level Domains

March 2009
Public Finance Update

Public Finance Provisions included in the American Recovery and Reinvestment Act of 2009: Information for Bond Issuers

March 2009
Financial Services Task Force Update

Restructuring of the U.S. Financial Services Regulatory Structure

March 2009
Public Finance Update

Public Finance Provisions included in the American Recovery and Reinvestment Act of 2009: Information for Wisconsin Bond Issuers

March 2009
Health Law Update

Warning! Excluding Known Hazards from FDA-Approved Labeling Contraindicated by State Common Law Tort Suits and the Supreme Court

March 2009
Environmental Law Update

EPA Proposed Rule Would Require Reporting of Greenhouse Gas Emissions

March 2009
School Law Update

Federal Court Requires Significant Changes In Early Childhood Programs

March 2009
Indian Law Update

The American Recovery and Reinvestment Act: Bonding Opportunity Knocks for Indian Country

March 2009
Environmental Law Alert

Renewable Energy, Energy Efficiency, and Electricity Transmission Funding Opportunities in the American Recovery and Reinvestment Act of 2009

March 2009
Health Law Update

A Practical HIPAA Compliance "To Do" List: Covered Entities And Business Associates Have New Affirmative HIPAA Obligations Under President Obama's Stimulus Package!

February 2009
Employee Benefits Update

Department of Labor and Internal Revenue Service Publish COBRA Subsidy Guidance

February 2009
Health Law Update

A Surgical Tool In The Hands Of The Federal Government — Will More Invasive Procedures Follow? The IRS Final Report On Nonprofit Hospitals

February 2009
Financial Services Task Force Update

ARRTA Amends the Executive Compensation Restrictions of EESA

February 2009
Public Finance Update

Public Finance Stimulus Legislation Changes: New "Bank Qualified" Limits and Changes to AMT Treatment

February 17, 2009
Tax Law Update

Tax Provisions of The American Recovery and Reinvestment Act of 2009

February 2009
Employee Benefits Update

Final Stimulus Bill Includes Significant Changes to COBRA Coverage

February 2009
Addressing the Economic Crisis Update

Stimulus Compromise Reached — Quarles & Brady Stimulus Task Force Ready To Assist Clients

February 2009
Financial Services Task Force Update

Treasury Outlines Financial Stability Plan

February 2009
Immigration Law Alert

All Employers Required To Use New Form I-9 In Hiring Process Starting February 2, 2009

February 2009
Environmental Law Update

This issue contains the following articles: EPA Increases Maximum Penalties; EPA Extends SPCC Deadlines Again; Stimulus Bill May Expedite NEPA Review, But Waiver Unlikely

February 2009
Antitrust, Trade Regulation & Franchising Update

M&A Filing Thresholds Increase; Recent Enforcement Action Highlights Importance of Pre-Transaction Antitrust Review for Certain Smaller Transactions

February 2009
Labor & Employment Alert

Injunction Prevents Implementation Of Milwaukee Paid Sick Leave Ordinance

February 2009
Securities Litigation Update

SEC Chairman Schapiro Announces New Enforcement Procedures

February 2009
Tax-Exempt Organizations Update

Public Support Calculations: Important Changes In Store In The 2008 Form 990

February 2009
Indian Law Update

Opportunities In Renewable Energy Projects In Indian Country

February 2009
Financial Services Task Force Update

U. S. Treasury Announces Rules to Limit Influence of Lobbyists on Emergency Economic Stabilization Act Funds

February 2009
Tax Law Update

Purchasing or Modifying Debt Instruments

February 2009
Financial Services Task Force Update

SEC Releases Results of Study on Fair Value Accounting Rules

February 2009
Commercial Bankruptcy, Restructuring & Creditors' Rights Update

Protect Liens From Preference Avoidance The Easy Way: Watch Your Timing

February 2009
Health Law Update

Arizona Court of Appeals Addresses Non-Physician Ownership of Health Care Clinics

January 2009
Insurance Coverage Litigation Update

Wisconsin Supreme Court Delivers Victory for Insureds

January 2009
Immigration Alert

E-Verify Requirement for Federal Contractors Postponed AGAIN

January 2009
Public Finance Update

Post Issuance Compliance: IRS Questionnaire Sent to Hundreds of Governmental Issuers

January 2009
Tax-Exempt Organizations Update

New Organizations and Grant Makers Take Note: IRS Eliminates Advance Ruling Period For Public Charities

January 2009
Labor & Employment Update

Downsizing: Key Mistakes to Avoid in Implementing Workforce Reductions

January 2009
Trusts & Estates Update

New Tax Provisions

January 2009
Trusts & Estates Update

New Tax Provisions

January 2009
Labor & Employment Update

Are You Ready for the New FMLA Regulations?

January 2009
Lender Liability Litigation Update

Lenders Beware: In Tough Economic Times, The Government Gets Into the Act

January 2009
Biotech Update

Biotechs: Not Immune from Economic Downturn

January 2009
Intellectual Property Law Update

Are Process Patents Passé?

January 2009
Commercial Transactions Litigation Update

1800 Ocotillo, LLC v. The WLB Group, Inc.: Arizona Supreme Court Upholds Liability-Limitation Clauses

January 2009
Trusts and Estates Update

The New Arizona Trust Code: Mandatory Requirements and Opportunities Under Arizona’s New Law

December 2008
Intellectual Property Litigation Update

Federal Circuit Applies Volkswagen II to Transfer Patent Case Out of Eastern District of Texas “Rocket Docket"

December 2008
Labor & Employment Alert

Arizona's Minimum Wage to Increase January 1, 2009

December 2008
Labor & Employment Alert

Milwaukee Paid Sick Leave Ordinance Scheduled To Take Effect On February 10, 2009 -- What Steps Employers Should Consider Taking In The Meantime

December 2008
Labor & Employment Alert

New Family and Medical Leave Act Poster Released

December 2008
Public Finance Update

New Wisconsin Uniform Securities Law Eliminates GAAP Financials Requirement

December 2008
Real Estate Alert

City of Milwaukee Passes New Ordinance Giving Lien Holders the Responsibility for Securing and Maintaining Abandoned Residential Property

December 10, 2008
School Law Update

Does HIPAA Apply To Pupil Records?

December 2008
Immigration Alert

Important Changes to the Visa Waiver Program: Electronic System for Travel Authorization (“ESTA”)

December, 2008
School Law Update

New IDEA Regulations Allow Parents To Withdraw Consent And Increase State Monitoring Requirements

November, 2008
Tax Exempt Organizations Alert

Private Foundations, Act Now or Lose Tax Benefit

November 2008
Labor & Employment Alert

California Wage and Hour Laws Apply to Employees from Other States, Who Perform Work in California

November 2008
China Law Update

China's RoHS: An Overview of the Requirements

November 2008
Lender Liability Litigation Alert

History Repeats Itself: Lender Liability and Lessons Learned From the Last Financial Meltdown

November 2008
Environmental Law Alert

Urgent Action Required For Obtaining Interim Approval For Water Withdrawals From The Great Lakes Basin

November 2008
Public Finance Update

Proposed Amendments to SEC Rule 15c2-12 and the Use of the Electronic Municipal Market Access System (EMMA) for Continuing Disclosure

November 2008
Labor & Employment Alert

Voters Approve Referendum Mandating Paid Sick Leave for Milwaukee Employees

November 2008
Financial Services Task Force Update

To Opt Out or Not to Opt Out? The Public Disclosure Requirements of the FDIC's Temporary Liquidity Guarantee Program

October 27, 2008
Health Law Update

More Regulation for Pharmacies: New Federal Requirements for Internet Sales of Controlled Substances and Penalties for Everyone

October 24, 2008
Immigration Alert

TN Period of Admission Extended to Three-Year Increments Instead of One-Year

October 2008
Health Law Update

The Rumors Are True: Health Care Providers Must Comply With The FTC's New Identity Theft Regulations

October 2008
Employee Benefits Alert

IRS Announces 2009 Plan Limits

October 2008
Financial Services Task Force Update

TARP Capital Purchase Program Under the Emergency Economic Stabilization Act of 2008

October 2008
Labor & Employment Alert

Arizona Voting Leave Law

October 2008
Labor & Employment Alert

Illinois Employer Obligations to Employees on Election Day

October 2008
Labor & Employment Alert

Voters to Decide on Mandatory Paid Sick Leave for Milwaukee Employers

October 2008
Labor & Employment Alert

Time Off From Work For Voting Under Wisconsin Law

October 2008
Intellectual Property Litigation Update

The Fifth Circuit's Decision in "In re Volkswagen" and What It Could Mean to the Patent Community

October 2008
Public Finance Update

Public Finance Provisions of Recent Federal Legislation

October 2008
Tax Update

Executive Compensation and Tax-Related Provisions of the Emergency Economic Stabilization Act of 2008

October 2008
Immigration Law Update

Diversity Immigrant Visa Lottery Now Open For Fiscal Year 2010

October 2008
Corporate Services / Financial Institutions Alert

The Emergency Economic Stabilization Act of 2008

October 2008
Corporate Services Update

Federal Reserve Relaxes Rules On Minority Ownership Of Banks

October 2008
Health Law Update

More Federal Health Plan Mandates

October 6, 2008
Labor & Employment Alert

Americans With Disabilities Act Significantly Expanded; Amendments to Take Effect January 1, 2009

September 2008
Government Affairs Compliance Alert

A "Pay-to-Play" Law Is On Its Way to a Jurisdiction Near You

September 2008
Commercial Transactions Litigation

A Year In Review: Non-Compete Agreements

September 2008
Labor & Employment Update

Year-End Deadlines and Other Developments for Employee Benefit Plans

September 2008
Tax-Exempt Organizations Update

Governance Policies the IRS Thinks Your Organization Should Have. You may need to act by December 31!

September 2008
Corporate Services Update

New Accounting Rules Affect Business Combinations

August 2008
Health Law Update

Compliance Alert: Save and Use This Handy Summary of the Brand New Changes to the Stark Law, EMTALA and More!

August 2008
Public Finance Update

Wisconsin Open Meetings Law: Closed Sessions May be Subject to Discovery

August 2008
Public Finance Update

Wisconsin Open Meetings And Public Document Laws: Application To Private Corporations

August 2008
Health Law Update

The Poliner Case — Score One For Peer Review Immunity But Proceed With Caution If You Are In Wisconsin!

July 2008
Public Finance Update

Post-Issuance Compliance: Recent IRS Activity

July 2008
Labor & Employment Alert

Proposed Regulations Would Require Certain Federal Contractors to Use E-Verify

July 2008
Health Law Update

Wisconsin Supreme Court Addresses Immunity for Medical Staff Peer Reviews

July 2008
Environmental Law — Air Pollution Update

This issue contains the following articles: Court of Appeals Rejects Clean Air Interstate Rule; Regulation of Greenhouse Gas Emissions Under the Clean Air Act Looms

July 2008
Construction/Real Estate Update

Three Recent Wisconsin Supreme Court Opinions Address the Economic Loss Rule, Personal Liability, and Insurance in the Construction Context

July 2008
School Law Update

Sands v. Whitnall School District, 2008 WI 89

July 2008
Health Law Update

CMS Serves Up Additional Anti-Markup Rule, Stark Regulation and IDTF Enrollment Changes in the 2009 Proposed Medicare Physician Fee Schedule

June 2008
China Law Update

Upcoming Olympic Games Will Impact Supply Chains Around The World

June 23, 2008
Labor & Employment Alert

Recent Supreme Court and Ninth Circuit Decisions

June 2008
Labor & Employment Alert

Recent Amendments To Arizona's Employer Sanctions Law (House Bill 2745)

June 2008
Labor & Employment Law Chapter

Wisconsin State Bar Annual Survey of Wisconsin Law, Labor & Employment Law Chapter

Each year Quarles & Brady LLP attorneys prepare a survey of Wisconsin labor & employment law which is published by the State Bar in its Annual Survey of Wisconsin Law, Labor & Employment Law Chapter. The attached article reviews the significant Wisconsin judicial, legislative, and administrative law developments of 2007 in the area of labor & employment law.

June 2008
Health Law Chapter

Wisconsin State Bar Annual Survey of Wisconsin Law, Health Law Chapter

Each year Quarles & Brady LLP attorneys prepare a survey of Wisconsin health law which is published by the State Bar in its Annual Survey of Wisconsin Law, Health Law Chapter. The attached article reviews the significant Wisconsin judicial, legislative, and administrative law developments of 2007 in the area of health law.

May 28, 2008
Health Law Update

Checklist Of Practical Tips For Boards Of Nonprofit Hospitals

May 28, 2008
Public Finance Update

Annual Meetings And Cash Flow Borrowing

April 2008
Environmental E-mail Alert - April 2008

This issue contains the following articles: EPA Issues Final Rule Regarding Mitigation of Wetlands and Stream Loss; EPA Revises Hazardous Air Pollutant Regulations for Area Sources; New Lead Rule Will Impose Stricter Standards for Renovations, Repairs and Painting Projects; Requirements for Tribal Energy Resource Agreements Are Finalized by BIA; Forest Service Proposes to Revise Hardrock Mining Rules

April 23, 2008
Construction/Real Estate Update

Private Parties Cannot Contract For Expanded Judicial Review Of Arbitration Awards Under Federal Law

April 2008
Health Law Update

New Rule Creates New Medicare Standards for E-Prescribers

March 2008
Health Law Update

To Share Or Not To Share Medical Errors? The Federal Government Creates A Mechanism To Share Patient Data: The Patient Safety Quality Improvement Act.

March 2008
Health Law Update

Governor Signs Act to Promote Electronic Exchange of Health Information

March 2008
Immigration Law Alert

Immigration Service Attempts to Resurrect Social Security No-Match Regulation

March 2008
Commercial Bankruptcy, Restructuring & Creditors' Rights Law Update

Overlooking Bankruptcy Notices Can Cost You Money

March 2007
Labor & Employment Alert

ERISA Fiduciaries May Be Sued For Losses To Individual Accounts

March 6, 2008
Real Estate Alert

New Construction Contract Documents Are Released

February 29, 2008
Tax-Exempt Organizations Update

IRS Makes It Easier To Identify Supporting Organizations

February 26, 2008
Corporate Finance/Securities Law Update

Revisions To Mutual Fund Prospectuses And Proposed Summary Prospectus

February 2008
Labor & Employment Alert

Proposed FMLA Revisions Are A "Mixed Bag" and Provide Employers Almost No Guidance Regarding New, Family Military Leave

February 2008
Tax-Exempt Organizations Update

The New Form 990: What It Means For You — Today!

February 2008
Government Affairs Compliance Alert

Corporate Political Contributions: Who Can Contribute to Influence the Political Process

February 2008
E-Discovery Bytes



January 2008
Labor & Employment Alert

Expanded FMLA Coverage Is Effective Immediately!!

January 2008
Public Finance Update

American Institute of Architects (AIA) Forms and Recent Changes

January 2008
Health Law Update

State v. Doss: Getting Confrontational About Admissibility of Certified Records

January 2008
Labor & Employment Alert

Employer Lawfully Prohibited Email Solicitations

January 2008
Labor & Employment/Immigration Alert

E-Verify Program

January 2008
Labor & Employment Alert

Illinois Smoking Ban Requires Employers To Leave Smokers Out In The Cold

January 2008
Environmental Law Alert - January 2008

This issue contains the following articles: EPA Announces Enforcement Priorities; Department of Homeland Security Finalizes "Appendix A" to Chemical Facility Anti-Terrorism Standards; Ninth Circuit Court of Appeals Rules; Electronics Industry Sees First RoHS Enforcement Action; OSHA Publishes Rule; National Environmental Performance Track Program Attracts More Members; EPA Moves To Exempt Fugitive Emissions; EPA Clarifies Inspection Priorities for NPDES-Permit Holders

December 2007
Immigration Law Alert

New I-9 Must Be Used As Of December 27, 2007

December 2007
Public Finance Update

The Open Meetings Law and Negotiation of Development Agreements

December 11, 2007
Labor & Employment Alert

Employers Urged to Register for E-Verify in Light of Litigation Uncertainties

December 2007
Trusts & Estates Update

Wisconsin Tax Relief - Wisconsin Estate Tax Expires December 31, 2007

November 2007
Health Law Update

Where Are The Physicians?. . .What Is A Hospital To Do For Emergency Room Call Coverage?

November 2007
OSHA Announces Rule Requiring Employers To Pay For Employee Personal Protective Equipment



November 2007
Public Finance Law Update

Open Meeting Law Update

November 2007
Trusts & Estates Update

This issue contains the following articles: Reach of "Kiddie Tax" Expanded; 2008 Federal Exclusions and Exemptions; Rules for Deducting Gifts of Conservation Easements to Change; Tax Benefits of IRA Charitable Rollover Scheduled to Expire December 31, 2007; 2007 Gift Planning

 

November 2007
Immigration Law Alert

New Form I-9 Released

November 2007
Immigration Law Update

Waiting For Permanent Residency Status–Lengthy Wait Times Are Only Expected To Worsen Given Sharp Increase In Number Of Applicants And Congressional Inaction To Allocate Additional Immigrant Visa Slots

November 2007
Health Law Update

CMS Finalizes Anti-Markup Rules For Diagnostic Tests But Postpones Final Rules On Under-Arrangement, Per-Click And Other Stark-Related Issues

November 2007
Real Estate Law Alert

Illinois Enacts New Law Regarding Prompt Payment of Construction Contracts

October 2007
Employee Benefits Law Update

Recent IRS Announcements: 2008 Plan Limits And Extension Under Internal Revenue Code Section 409A

October 2007
Environmental Alert

Articles: PM2.5 Emissions; Federal Air Rule; NEPA Procedures; Superfund Sites; Biodegrading Wood Waste; Spill Reporting; Climate Information

October 2007
Intellectual Property Law Update

New Patent Prosecution Rules Effective November 1, 2007

October 2007
Labor & Employment Alert

NLRB Requires Election Opportunity for Valid Union Recognition

October 2007
Government Affairs Compliance Alert

Wisconsin's New Government Accountability Board Is Slowly Taking Shape

October 2007
Intellectual Property Law Alert

Significant Changes In The United Kingdom Trademark Office Practice

October 2007
Labor & Employment Law Update

Employers Beware: Illinois Gives Employees Ticket To Take Discrimination Claims To State Court

September 2007
Immigration Law Update

Diversity Immigrant Visa Lottery Now Open For Fiscal Year 2009

September 2007
Employee Benefits Law Update

IRS Offers Limited Relief From Year-End Deadline For Compliance With Code Section 409A

On September 10, 2007, the IRS released Notice 2007-78 (the "Notice"), containing a limited extension of the deadline for bringing documents into compliance with Code Section 409A. The Notice also provides additional guidance related to §409A compliance for employment agreements as well as an announcement that the IRS intends to establish a voluntary correction program for inadvertent §409A violations.

September 2007
Labor & Employment Practical Guide to Employment Relations

This issue contains the following articles: Workplace Violence: Effective Preparation, Prevention and Response; The Smoke Free Arizona Act: No Secondhand Joke; The Employee Free Choice Act; Immigration Reform—Current Requirements; Too Good to be True—Immigration Scams in the Current Immigration Climate

September 2007
Health Law Update

Congratulations CMS!—Phase III Rules To Stark Physician Self-Referral Law Have Finally Arrived!

In the making for nearly 10 years, the final regulations (Phase III) to the Stark physician self-referral law were released this week. The final regulations give new clarity to some issues (physician recruitment, non-monetary compensation); muddy up a few issues (indirect compensation, and the new "stand in the shoes" doctrine); and fail to deal with some other pressing issues (per-click leases and under arrangement deals). Physicians and anyone who does business with physicians will need to know the details of these final regulations, which go into effect December 4, 2007. For more information, please read the attached update, prepared by Quarles & Brady LLP's Health Law Group.


September 2007
Employment/Immigration Law Alert

No-Match Letter Rule Postponed

Today the Social Security Administration (SSA) was scheduled to start sending out "no-match" letters to employers whose employees' social security numbers did not match SSA records. However, a federal judge has temporarily postponed the sending of the no-match letters and the implementation of a new regulation from Homeland Security's Immigration and Customs Enforcement Office (ICE). Click on the attached for details.


August 2007
Employment Relations E-Mail Alert, #33

Wisconsin Supreme Court Opens Door To Fraud Suits Against Employers For Employee Wrongdoing

Wisconsin Employers: A recent Wisconsin Supreme Court decision has created a treacherous uncertainty for Wisconsin employers—an uncertainty that could lead to fraud suits against you for your employee's past wrongdoing! Wisconsin employers already are prohibited from discriminating against individuals because of arrest and conviction records, yet if you hire a person with a "past," you now may be faced with a fraud claim for "misrepresenting" the employee's history of wrongdoing if that history bears upon an injury the employee causes to a third party in the course of employment. For more information about this ruling, please read the attached alert prepared for you by Quarles & Brady's Labor & Employment Group.


August 2007
Employment Relations Alert - Issue #32

OFCCP Issues Interim Guidance On Use Of The New EEO-1 Report's Race And Ethnic Categories And Final Veterans Regulations Applicable To Federal Government Contractors And Subcontractors

Federal government contractors and subcontractors have been waiting for guidance on whether their written affirmative action programs can or must be revised to reflect the changes in the EEO-1 report's race and ethnic categories and for final regulations to be issued concerning their affirmative action and nondiscrimination obligations regarding various categories of veterans. Although final guidance on the use of the new EEO-1 categories has still not been issued, the federal agency enforcing the regulations has recently issued interim guidance on this topic. In addition, the final veteran regulations have now been issued and take effect on September 7, 2007. The veteran regulations also address how covered employers will be required to list vacancies in light of the closure of America's Job Bank. For more information on the interim guidance on use of EEO-1 categories and on the final veteran regulations, please see the attached alert, prepared by Quarles & Brady LLP's Labor and Employment Group.

August 2007
Employment/Immigration Law Alert

Immigration Regulation On Social Security No-Match Letters

U.S. Immigration officials today announced long awaited regulations that lay out employer obligations with regard to Social Security no-match letters. The regulations had been on hold pending Congress' deliberations on the immigration topic. With the collapse of those deliberations these regulations will be issued imminently. Employers must review the regulations, contact competent counsel, and prepare procedures to deal with no-match letters that comply with the new regulations and take into account potential business effects. For more information, please refer to the attached alert prepared by Quarles & Brady LLP's Immigration Group.

August 2007
Health Law Update

If You Don't Have Anything Good To Say, Don't Say Anything At All...Unless You Are Speaking To CMS

Due to the lack of response from the formerly voluntary disclosure of financial relationships survey, CMS is now implementing a mandatory Disclosure of Financial Relationships Report. Failure to respond within the 45 day deadline could result in a $10,000 per day civil monetary penalty for hospitals. The identity of the 500 hospitals chosen for this now mandatory response has not yet been disclosed, but the time is now for all hospitals to review their financial relationships with physicians to ensure compliance with applicable laws and make certain that this information is readily available for future CMS financial disclosure requests. For more information, please see the attached update prepared by Quarles & Brady LLP's Health Law Group.


August 2007
Employment Relations E-Mail Alert, #31

Arizona Employers Should Act Now To Comply With The Employment Eligibility Verification Program

Arizona employers should act now to register with the federal government's Employment Eligibility Verification program ("EVV"). Arizona's new employer sanction law, which goes into effect on January 1, 2008, requires all Arizona employers to certify all new hires through EVV. Please refer to the attached alert, prepared by Quarles & Brady LLP's Labor & Employment Group, for more information on this program and to learn why you should act now to register and comply.


July 2007
Tax-Exempt Organizatons Update

IRS Issues Guidance Regarding Charitable Organizations Involved In Prohibited Tax Shelter Transactions: Investors Take Note

A recent change to the Internal Revenue Code imposes penalties on tax-exempt organizations that participate in prohibited tax shelter transactions, as well as potential penalties on their managers. These penalties may apply to public charities or private foundations that invest in partnerships or other funds that engage in prohibited tax shelter transactions, even if the investors have no knowledge or intention that this will be the case. The attached update, prepared by Quarles & Brady LLP's Tax-Exempt Organizations Group, focuses on IRS guidance issued on July 5, 2007, and what it means for tax-exempt investors.


July 2007
Trusts & Estates Update

The New Florida Trust Code: Mandatory Requirements And Opportunities Under Florida's New Law

Florida legislation has recently been enacted and your trust documents may be impacted! The new Florida Trust Code, effective July 1, 2007, contains widespread changes and as a result, your trust may need to be updated. Quarles & Brady LLP's Trust & Estates attorneys have prepared the attached update as a summary of a few of the significant provisions of the new Florida Trust Code. For more information, please refer to the update.

July 2007
Immigration Law Alert



On July 17th, the U.S. Citizenship and Immigration Service (USCIS) declared that it is officially reversing its unprecedented July 2nd announcement that applications for permanent residency would be immediately rejected because all employment-based immigrant visas (i.e., "green cards") had been depleted for the year. (See the full USCIS statement here). USCIS is advising that, despite its earlier announcement, it will accept all properly filed employment-based permanent residency applications for a 31-day period from July 18 through August 17, 2007, in order to provide the same filing window that people would have had if the July 2nd actions had not taken place. Moreover, USCIS will retain all of the properly filed applications it has received during the month of July notwithstanding its July 2nd announcement. USCIS will honor the July filing fee schedule during the entire 31-day window period, which will allow many applicants to avoid the large filing fee hikes that were previously slated to begin on July 30.


Each immigration case must be evaluated to determine the impact of this announcement. For additional information, please call your local Quarles & Brady attorney or contact our firm's immigration attorneys, Ben Kurten at 414-277-5851/, Grant Sovern at 608-283-2668/, Lisa Duran at 602-229-5225/ or Eric Ledbetter at 414-277-5755/.

July 2007
Employment Relations E-Mail Alert

July 24, 2007 Minimum Wage Posting Deadline

Employers, avoid fines—beat the deadline! This alert, prepared by Quarles & Brady LLP's Labor & Employment Group, notifies employers of hefty fines they may incur (up to $10,000) if they do not meet the July 24th deadline for posting notices regarding the new, higher federal minimum wage rates and related legal obligations. The attached alert provides additional information as well as a link to a free version of the required poster.

July 2007
Employment Relations E-Mail Alert

Employer Sanctions Bill Overview

This alert, prepared by Quarles & Brady LLP's Labor & Employment Group, discusses the Employer Sanctions Bill and notes the severe penalties for employers who "knowingly" and "intentionally" hire illegal immigrants. Because of several defects in the legislation, Governor Janet Napolitano suggests a special session this fall. Quarles & Brady and its legislative action affiliate, Triadvocates, will continue to monitor legislative developments and inform you of significant updates.


July 2007
Health Law Update

The Warning Bell Is Ringing For Per-Click Leases And Under Arrangement Deals: CMS Proposes Important Changes To The Stark Regulations

Some of the most common physician-hospital models for clinical services, including under arrangement deals, purchased diagnostic test relationships, and per-click leases, took some major blows last week. The blows came in the form of CMS's proposed revisions to the Stark II regulations, contained in the 2008 Medicare Physician Fee Schedule proposal. While not final rules, the proposals are worthy of serious concern by hospitals, physicians, and leasing companies which have arrangements in place that may no longer be legal in the near future. For information on what CMS is proposing, please read the attached update, prepared by Quarles & Brady LLP's Health Law attorneys.

July 2007
Tax-Exempt Organizations Update

Internal Revenue Service Announces New Guidance On Political Activities Of 501(c)(3) Organizations

This update, prepared by Quarles & Brady's Tax-Exempt Organizations Group, contains information regarding a recent Revenue Ruling issued by the Internal Revenue Service addressing political activities of Section 501(c)(3) organizations. This is the most comprehensive ruling that the Service has ever issued on these matters, and it analyzes twenty-one hypothetical situations and assesses whether Section 501(c)(3) organizations have engaged in impermissible political campaign activity. Please refer to the attached update for a link to the ruling itself, as well as for highlights of the ruling that may be of particular interest to your organization.


July 2007
Health Law

Wisconsin State Bar Annual Survey of Wisconsin Law, Health Law Chapter

The attached Wisconsin State Bar Annual Survey of Wisconsin Law, Health Law Chapter, authored by Quarles & Brady health law attorneys, summarizes 2006 legislative and case law developments in health law in Wisconsin.

July 2007
Immigration Law Alert

All Employment-Based Immigrant Visas Become Suddenly Unavailable

Attention all employers: The U.S. Department of State has issued a revised Visa Bulletin for July 2007 making all employment-based immigrant visas unavailable for all preference categories and nationalities. There will be no new immigrant visa numbers in any employment-based category until October 1, 2007. For more information on this unexpected change, please refer to the attached alert drafted by Quarles & Brady's Immigration Law Group.

July 2007
Tax-Exempt Organizations Update

Internal Revenue Service Releases Draft Of Revised Form 990: Emphasis On Compensation And Governance; New Schedule Proposed For Hospitals

This update, prepared by Quarles & Brady's Tax-Exempt Organizations Group, provides information regarding proposed revisions to the IRS Form 990. The proposed Form 990 would significantly rearrange and expand the amount and types of information requested by the Internal Revenue Service, and this update summarizes some of the more substantial changes. The update also includes a link to a copy of the draft form. Please refer to the attached update for that link, as well as for highlights of the proposed revisions that may be of importance to your organization.

July 2007
Employment Relations E-Mail Alert

Alert For Federal Government Contractors—Vets Compliance After Closure Of America's Job Bank

Attention all federal government contractors: America's Job Bank has closed its doors. OFCCP issued an announcement that, for the time being, it will not cite contractors solely for non-compliance with the mandatory job posting requirement if they continue good faith efforts to recruit and hire veterans. For further details, please read the attached alert by the Affirmative Action team of Quarles & Brady's Labor & Employment Law Group.

July 2007
Issues in Antitrust & Trade Regulation

After Nearly 100 Years, U.S. Supreme Court Overrules Per Se Prohibition Against Resale Price Maintenance

As of June 28, 2007, it is no longer per se unlawful for manufacturers and their dealers or distributors to agree on the minimum price the latter will charge when they sell the manufacturers' products. The U.S. Supreme Court has now overruled this per se prohibition against resale price maintenance—a prohibition that had been in place since 1911. Please refer to the attached alert, drafted by Quarles & Brady LLP's Antitrust & Trade Regulation Practice Group, for background information, a summary of the Court's decision and an overview of the business implications.

June 2007
Environmental E-Mail Alert - June 2007 Edition



The environmental regulatory landscape is constantly changing. To keep you informed about some of these changes, the attached Quarles & Brady LLP Environmental Alert reports on ozone standards, a significant Supreme Court CERCLA decision, EPA and Army Corps guidance on the Clean Water Act Section 404 jurisdiction, the revised oil spill prevention rule compliance deadline, a new proposed definition of "emissions increase," the possible expansion of EPA's Self-Disclosure Policy, and Department of Homeland Security's new "Anti-Terrorism" Standards, which could impact a broad range of chemical facilities. For more information, please see the attached Alert.

June 2007
Bankruptcy/Creditors' Rights Law Update

Omission of "Inc." from Debtor's Name on Financing Statement Renders Creditor Unsecured

This update, prepared by Quarles & Brady's Bankruptcy and Creditors' Rights Group, is titled "Omission of 'Inc.' from Debtor's Name on Financing Statement Renders Creditor Unsecured". In this issue, we describe how a seemingly minor error in a Uniform Commercial Code financing statement can mean the difference between having and losing a secured claim in a debtor's bankruptcy; we also explain the legal rules that create the risk and strategies for avoiding it.

June 2007
Immigration Law Alert

DOL Issues New Limitations and Enforcement Tools Affecting The Labor Certification Process

U.S. employers beware! The Department of Labor is cracking down on the labor certification process as of July 16, 2007 and in some instances the new limitations may apply retroactively to previously certified applications. The attached Immigration Law Alert, drafted by Quarles & Brady LLP's Immigration Law Group, addresses DOL's changes to the financial duties placed on employers with respect to paying for the labor certification process, the duration that certifications are valid for filing I-140s, the elimination of worker substitution for certified applications and the potential long-term consequences for not complying with DOL regulations. Please see the attached alert for more information.

May 2007
Health Law Update

Class Is In Session: Healthcare Entities Must Educate Employees About False Claims Act And How To Be A "Whistleblower"

CMS has clarified your obligations to inform your employees about fraud and abuse. The Deficit Reduction Act requires healthcare entities to take some affirmative steps in this regard. For information regarding who is affected, what compliance entails and potential ramifications for noncompliance, please see the attached update, prepared by Quarles & Brady LLP's Health Law Group.


May 2007
Public Finance Update

Federal Securities Laws and Municipal Financings

This Public Finance Update focuses on several items of interest regarding the federal securities laws that impact municipalities and municiapl bond financings: Disclosure Responsibilities of Issuers on New Bond Issues; Continuing Disclosure Requirements; Expansion of SEC Jurisdiction Being Discussed, and CUSIPS on Official Statement Cover.

April 2007
Employee Benefits Law Update

IRS Issues Final Section 409A Deferred Compensation Regulations

This update, prepared by Quarles & Brady LLP's Employee Benefits Group, highlights the long-awaited final regulations issued on April 10, 2007 by the U.S. Treasury and the Internal Revenue Service. Some of the key issues covered include the impact of the final regulations on separation pay, taxable health coverage, reimbursement and fringe benefit plans, extension and treatment of options and SARs, the definition of service recipient stock, nonqualified plans linked to qualified plans, and tax gross up payments.

April 2007
Construction Litigation Update

What Every Real Estate, Construction And Environmental Lawyer Should Know About Green Building

The "green building" movement is on the rise and trend indicators suggest that these building standards are here to stay. It is only a matter of time before these standards become implemented into the law so now is the time to expand your green building knowledge in preparation for the significant impact on insurance, construction, and real estate regulations in the future. We are all likely to be affected by the rapidly growing energy efficient practices currently in play—if you are not up to speed on being green, the attached article, drafted by Quarles & Brady LLP's Construction Litigation Group, provides an in-depth overview on LEED and building green.

April 12, 2007
Health Law Update

Charity Care Is Serious Business

The tax benefits enjoyed by non-profit hospitals are under scrutiny on various fronts: by plaintiffs in class action lawsuits challenging hospital practices vis-à-vis indigent and uninsured patients; by Congress and the IRS over the amount of charity care and other community benefit actually provided; and most recently with respect to their real property tax exemptions. The attached Health Law Update, drafted by Quarles & Brady LLP's Health Law Group, addresses the key factors analyzed in three recent Illinois Department of Revenue and Illinois Appellate Court decisions which denied real property tax exemptions to non-profit hospitals. To learn more about what these rulings mean for non-profit hospitals in Illinois and other states, please see the attached update.

March 2007
Environmental E-Mail Alert - March 2007 Edition



This Alert, prepared by Quarles & Brady LLP's Environmental Law Group, highlights recent administrative and judicial developments related to environmental issues. The March 2007 Edition discusses recent developments in nanotechnology, CERCLA litigation, and the Clean Air Act, including Tribal Implementation Plans and a final air quality rule pertaining to "exceptional events."

March 21, 2007
Labor & Employment Alert

Emergency Rules to the new Arizona Minimum Wage Act

On March 16, 2007, the Industrial Commission of Arizona announced that it will begin accepting written comments regarding the Emergency Rules to the new Arizona Minimum Wage Act. The Emergency Rules, which went into effect January 25, 2007, define certain terms used in the act, explain cumbersome enforcement procedures, and generally serve to clarify and elaborate on the text of the law itself. The Emergency Rules can be accessed through the Arizona State Minimum Wage .pdf. While the Emergency Rules have the force and effect of law, they are only temporary, and are subject to change based on the feedback provided to the Industrial Commission by Arizona employers. The comment period will end upon the close of record, which had not yet been determined as of the date of this Alert. Accordingly, it is imperative that Arizona employers act now to submit comments, criticism and suggestions to the Industrial Commission so that the final rules will work to the benefit of Arizona employers. Comments regarding the Emergency Rules can be submitted directly to: Industrial Commission of Arizona, Attn: Nancy O. Johnson, Legal Division, 800 W. Washington St., Phoenix, AZ 85007.

Employers who would like to have a positive impact upon the development of these important rules should contact Ben Naylor of Quarles & Brady LLP at (602) 229-5453 or for more information.


March 2007
Bankruptcy/Creditors' Rights Law Update

Landlords Score Points Under Bankruptcy Code Amendments

This update, prepared by Quarles & Brady LLP's Bankruptcy & Creditors' Rights Group, is titled "Landlords Score Points Under Bankruptcy Code Amendments." In this issue, we explain how, under the recent amendments and new case law, a landlord may be able to exercise more control over its property in a bankruptcy case than it previously could, and we offer practical suggestions on how landlords can make use of those amended provisions in a tenant bankruptcy.


March 2007
Immigration Law Alert

H-1B Visas

The U.S. Government is about to start accepting employer petitions for H-1B visa status on behalf of employees in the next month. However, there may only be a one-day window in which to file these petitions. The attached Immigration Client Alert, drafted by Quarles & Brady LLP's Immigration Group, gives a concise explanation of the process, the timeline, and means to identify which employees need to worry about this upcoming April 1st deadline.


February 2007
Employment Relations E-Mail Alert #28

Emergency Rules For New Arizona Minimum Wage Act Now Effective

Don't get caught in the dark regarding the newly approved and ratified Minimum Wage Act! As of January 25, 2007, the Emergency Rules are in full effect under the law and it is critical that Arizona employers familiarize themselves accordingly. The attached Employment Relations Alert, drafted by Quarles & Brady LLP's Labor & Employment Group, provides a helpful overview of these changing laws. Please see the attached alert for more information.

January 2007
Immigration Law Alert

Required Change of Address Notice Now Available Online

The attached Immigration Law Alert, completed by Quarles & Brady LLP's Immigration Group, addresses the recently launched capability of completing an online address change. Although it may sound administrative, ALL non-citizens are required to notify the Government of a change of address or face immigration violations, fines, or even imprisonment. For information about accessing and completing the new online form, as well as various related legal obligations, please see the attached alert.


January 2007
Corporate Finance/Securities Update

SEC Adopts Final Rules Revising Executive Compensation Disclosure

In July 2006, the SEC adopted a sweeping overhaul of the executive compensation disclosure requirements for annual reports and proxy statements. The new regime is effective for the 2007 proxy season, and may represent the high water mark in post-Enron regulation. In December, before the rules were effective, the SEC adopted amendments relaxing certain of the requirements. In January 2007, the SEC staff published interpretive guidance on the new rules. The attached Quarles & Brady LLP Corporate Finance/Securities Update summarizes these important new requirements.


January 2007 (Arizona Edition)
Practical Guide to Employment Relations #51



This practical guide, prepared by Quarles & Brady LLP's Labor and Employment Group, contains the following articles: A New Definition For "Constructive Knowledge" In The Immigration Debate; Mandatory Arbitration Policies May Run Afoul Of The National Labor Relations Act; DOL Issues Guidance Regarding Exempt Classification Of Information Technology Support Staff And Deductions For Lost Or Damaged Equipment From Exempt Employees' Salaries; Raising The Minimum Wage And The Risk Of Hiring Independent Contractors In California.

January 2007
Immigration Law Alert

New Documentation Requirements For Travelers To The U.S.

Attached is an Immigration Alert from the Immigration Law Group at Quarles & Brady. This Alert particularly affects U.S. citizens and Canadian citizens who travel within the Western Hemisphere. Starting January 23, 2007 all travelers will have to present a passport when arriving in or returning to the U.S. through an airport. This is a major change for U.S. citizens who have previously been able to return to the US with only a driver's license or birth certificate. Although there has been considerable press in the media about this issue, the attached Alert is a detailed, practical description of the change and new requirement, including examples of documents required of people applying for admission to the U.S.

January 2007
Bankruptcy/Creditors' Rights Law Update

Selling Bankruptcy Claims: Getting In On Cashing Out

This update, prepared by Quarles & Brady's Bankruptcy and Creditors' Rights Group, offers insights and practical tips on selling bankruptcy claims for immediate cash and suggests some important questions to ask, and potential problems to watch out for, if you or your clients are considering the sale of such claims.

December 2006
Employment Relations E-Mail Alert, #27

Department Of Labor Seeks Public Comment On Current FMLA Regulations

If you feel that administering the Family and Medical Leave Act (FMLA) has pushed you into a stress leave, now is your chance to tell the Department of Labor (DOL) what you think! Attached is an alert prepared by Quarles & Brady's Labor & Employment Group analyzing DOL's recent request for public comment on existing FMLA regulations.


December 2006
Health Law Update

CMS Issues Final Rule Regarding Hospital Requirements For Notification Of Discharge Appeal Rights

This update, prepared by Quarles & Brady LLP's Health Law Group, addresses the final rule recently issued by CMS regarding hospital requirements for notification of discharge appeal rights. Several significant procedural requirements, effective July 1, 2007, are outlined within. Please see the attached update for more information.

November 2006
Intellectual Property Law Update

U.S. Trademark Dilution Revision Act

This update, prepared by Quarles & Brady LLP's Intellectual Property Group, provides a summary of highlights regarding the recently signed Trademark Dilution Revision Act of 2006 ("TDRA"). The Act, which took immediate effect, amends the Lanham Act to clarify dilution and tarnishment issues that arose under various court interpretations of the Federal Trademark Dilution Act of 1995. For more information about the TDRA, please see the attached update.


November 2006
Employment Relations E-Mail Alert

Arizona's New Minimum Wage Goes Into Effect

This Alert, prepared by Quarles & Brady LLP's Labor & Employment Group, addresses Arizona's new minimum wage which goes into effect as of January 1, 2007. For information regarding which employers are exempt from this new requirement and various penalties that may be incurred, please refer to the attached Alert.

November 2006
Immigration Law Alert

Diversity Immigrant Visa Lottery Now Open For Fiscal Year 2008

Quarles & Brady LLP's Immigration Law Group has provided the attached Alert which explains the U.S. Government's 2008 Diversity Immigrant Visa Lottery ("green card lottery") which is now open. The application period ends 12 p.m. EST, December 3, 2006. Filing a DV Lottery application may be a good idea even if Q&B is currently working on a green card for you or one of your employees. But please note, "winning" the diversity lottery does not guarantee permanent residency status. For more information please see the attached Alert.

October 2006
Employment Relations E-Mail Alert, #26

Arizona Voting Leave Law

Quarles & Brady LLP's Labor & Employment Group prepared the attached Alert, which addresses Arizona employers' obligations to allow eligible employees to vote during the work day.

October 2006
Employment Relations E-Mail Alert, #26

Wisconsin Voting Leave Law

Quarles & Brady LLP's Labor & Employment Group prepared the attached Alert, which addresses Wisconsin employers' obligations to allow eligible employees to vote during the work day.

October 2006
Trusts & Estates Update

Pension Protection Act of 2006

This update, prepared by Quarles & Brady LLP's Trusts & Estates Group, provides a general summary of legal matters pertaining to the recently signed Pension Protection Act of 2006. The Act provides several charitable giving incentives, including IRA Charitable Rollovers. Various provisions of the Act may also benefit individuals with individual retirement accounts, qualified plans and tax sheltered annuities. For more information, please see the attached update.

October 2006
Health Law Update

Hospitals Beware: The OIG Has Big Plans Under Its 2007 Work Plan; HPV Vaccines for Adolescents: Do Wisconsin Parents Need to Consent?

This update, prepared by Quarles & Brady LLP's Health Law Group, contains two feature articles. The first of which, Hospitals Beware, summarizes several important areas among the 300+ "vulnerabilities" that the Office of Inspector General plans to investigate during 2007—capital payments, medicate-dependent hospitals, inpatient facilities, inpatient PPS wage indices and critical access hospitals to name a few. The HPV Vaccines For Adolescents article addresses the strategy behind the human papilloma virus ("HPV") vaccine and the uncertainty as to whether a mature non-emancipated minor could receive the pre-exposure vaccination for HPV without informed parental consent. Do Wisconsin parents need to consent? With respect to non-emancipated minors, the answer remains unclear. For more information on these topics, please see to the attached update.

October 2006
Employment Relations E-Mail Alert, #25

New NLRB Decisions Issued On Who Is A Supervisor

This Alert, prepared by Quarles & Brady LLP's Labor & Employment Group, addresses the new NLRB Decisions recently issued with respect to determining who is a "supervisor" for purposes of the Labor Management Relations Act. The three cases setting forth the criteria for determining when an employee is actually a supervisor are discussed herein. While these decisions reduce some of the gray area surrounding supervisory status, the application of that analysis will still remain very dependent upon the facts of each case. For more information regarding supervisory issues under the law, please read the attached Alert.
 

 

August 2006 (Wisconsin Edition)
Practical Guide to Employment Relations #50



This practical guide, prepared by Quarles & Brady LLP's Labor and Employment Group, contains the following articles: Employer Beware: Retaliation Is Easier To Prove Than Discrimination; Employees Fired For Excessive Absenteeism Or Tardiness May Be Ineligible For Unemployment Benefits; Don't Forget: The ADA Also Requires Confidentiality; How A Diversity Initiative May Result In A Discrimination Claim: Affinity Groups; An Employee's Deleting Data Before Quitting Could Violate Federal Law; OSHA'S Targeted Inspection Plan Affects More Employers Than Many Realize.

August 2006
Immigration Law Alert

Immigration Service Expands Premium Processing Option To Some Immigrant Visa Petitions

Attached is an Immigration Law Alert from Quarles & Brady LLP's Business Immigration Group.  The Alert addresses the addition of expedited processing of one part of the permanent resident process, the Immigrant Visa Petition (I-140), by the US Citizenship and Immigration Services.  This will be extremely important to some employers and employees who have H-1B or other status expiring soon and have Immigrant Visa Petitions pending, or about to be filed, in the EB-3 category.


August 2006
Employee Benefits Law Update

Pension Protection Act Of 2006: An Executive Summary

This Update, prepared by Quarles & Brady's Employee Benefits Practice Group, serves as an executive summary of the Pension Protection Act of 2006 as recently signed into law. Under the Act, plan sponsors are offered incentives to establish automatic enrollment into 401(k) plans for their employees. Notable provisions in the Act applicable to defined contribution and defined benefit retirement plans, including various plan investment issues and pension plan changes are featured in the attached Update.

August 2006
Tax-Exempt Organizations Update

Charitable Incentives And Reforms Contained In The Pension Protection Act Of 2006

This Update, prepared by Quarles & Brady's Tax-Exempt Organizations Practice Group, contains information regarding the recently signed Pension Protection Act of 2006. In addition to the pension provisions, the Act contains a variety of charitable giving incentives and reforms that will impact many tax-exempt organizations.  These provisions of the Act are generally effective for taxable years beginning after August 17, 2006, although a number of provisions are effective beginning August 17, 2006, and some are even retroactive.  Please refer to the attached Update for highlights of the provisions likely to be of most interest to your organization.

August 2006
Health Law Alert

Free To A Good Home—E-Prescribing & E-Health Records Technology: HHS Creates Two New AKS Safe Harbors & Stark Exception

This Alert, prepared by Quarles & Brady LLP's Health Law Group, announces the industry advancement of E-Prescribing and E-Records. Physicians, pharmacists and health plans may soon be receiving new electronic prescription computer terminals and/or state-of-the-art medical records software packages enabling higher quality of patient care. For more information about these two safe harbors, please see the attached Health Law Alert.

August 2006
Public Finance Law Update

Impact Fee and Subdivision Laws Change

Quarles & Brady LLP is pleased to provide this Public Finance Update regarding changes to the impact fee and subdivision laws.

Copies of 2005 Wisconsin Act 203 and 2005 Wisconsin Act 477, which made these changes, are also attached.

The members of our Public Finance Group, as well as our Real Estate Group, are available to discuss the above or any other matter. Contact information for the Public Finance lawyers is listed in the attached brochure.

August 2006
Public Finance Update

Impact Fee And Subdivision Laws Change

This Update, prepared by Liz Perry together with the Quarles & Brady's Public Finance Group, addresses the five major changes to how municipalities collect fees from new land development as a result of the recent alterations to the impact fees and subdivision laws as mandated by the 2005 Wisconsin Act 203 and 2005 Wisconsin Act 477. The New Impact Fee Law will require municipalities to rethink and revamp their current impact fee ordinances and change how they can finance certain public facilities in the future. Please reference the attached Update for further information regarding these state legislative changes.

August 2006
Immigration Law Alert

Electronic Signature And Storage Of I-9 Finally Comes To Pass

This Alert, prepared by Quarles & Brady LLP's Immigration Law Group addresses a recently implemented interim regulation from the Department of Homeland Security's bureau of Immigration and Customs Enforcement ("ICE"). Employers may now electronically complete, sign, and store Form I-9 rather than retain paper copies. While electronic storage of Form I-9 is likely to save time and money, employers choosing the electronic process will need to expend recourses to complete the changeover.  For more information regarding this effective interim regulation and the ICE's accepted methods of electronic signatures for Form I-9, please read the attached Alert.

July 2006
Public Finance Update

Funding "Other Post-Employment Benefits"

This Update, prepared by Quarles & Brady's Public Finance Group, addresses the concerns related to the rising costs associated with providing Other Post-Employment Benefits ("OPEB"). Local governments are focusing on OPEB liability because of accounting changes that require them to quantify such liability and are thus now pursuing management strategies for this process. Please reference the attached Update for further information regarding funding concerns and approaches to managing OPEB liability.

July 2006
Tax-Exempt Organizations Update

New Penalties For Tax-Exempt Entities participating In Prohibited Tax Shelter Transactions

This Update, prepared by Quarles & Brady's Tax-Exempt Organizations Practice Group, contains information regarding the recently signed Tax Increase Prevention and Reconciliation Act of 2005. The Act contains a provision that subjects certain tax-exempt entities and their managers to excise taxes for becoming a party to a prohibited tax shelter transaction, even if it is unintentional. Please refer to the attached Update for information regarding what a prohibited tax shelter is, who is subject to the provision, various impositions and disclosure obligations.

July 2006
Public Finance Update

New Wisconsin Brownfields Legislation Takes Effect

This Update prepared by Quarles & Brady's Public Finance Group, discusses the four primary components of the new Wisconsin Brownsfield Legislation which took effect on June 3, 2006.  Please reference the attached Update for further information regarding the new land imposition, DNR exemption, amendment of the Environmental Remediation Tax Incremental District provisions and new liability exemption for local governments.

July 2006 (Arizona Edition)
Practical Guide to Employment Relations #49



This practical guide, prepared by Quarles & Brady's Labor and Employment Group, contains the following articles: Social Security Number "Mismatch" Letters; A New Age For Race and Color Discrimination; OSHA's Targeted Inspection Plan Affects More Employers Than Many Realize; Employer Beware: Retaliation Is Easier To Prove Than Discrimination.

June 2006
Environmental E-Mail Alert - June 2006 Edition



This Alert, prepared by Quarles & Brady LLP's Environmental Law Group, highlights two recent U.S. Supreme Court Clean Water Act cases, one of which pertains to federal authority to regulate wetlands and the other addressing State 401 Certifications. This Alert also describes EPA policies and regulatory developments related to underground storage tanks, ozone depleting substances, monitoring rulesTRI reporting, and NEPA categorical exclusions, as well as new Wisconsin legislation regarding Brownsfields. For further information regarding these topics, please refer to the attached Alert.
 

June 2006
Wisconsin Corporate Law Update

New Wisconsin Laws Repeal Shareholder Liability Statute And Make Other Changes Affecting Business Corporations

Changes to the Wisconsin Business Corporation Law, which took effect this month, have eliminated a statute which provided for potential personal liability of shareholders, significantly increased the flexibility of boards of directors in holding company formations and various other transactions, and addressed various other matters. The attached Quarles & Brady Wisconsin Corporate Law Update discusses the changes.

June 2006
Tax Law E-Mail Alert

Highlights Of The Tax Increase Prevention And Reconciliation Act of 2005

This Alert, prepared by Quarles & Brady's Tax Law Group, highlights the Tax Increase Prevention and Reconciliation Act of 2005. For specifications as to individual income tax provisions, business tax provisions, tax-exempt financing, international provisions and tax shelter penalties please read the attached Alert.

June 2006
Health Law Update

Midwifery Licensing; Medical Malpractice Cap for Non-Economic Damages Reinstated; Regulation of Optomestrists; The Bureau Of Quality Assurance Weaves Together Loose Threads Regarding Physician Order Authentication


This update, prepared by Quarles & Brady LLP's Health Law Group, discusses midwifery licensing, medical malpractice caps, regulation of optometrists, and regulations regarding authentication of physician orders. For further information regarding these matters, please reference the attached update.


May 2006
Environmental E-Mail Alert - May 2006 Edition



This Alert, prepared by Quarles & Brady LLP's Environmental Law Group, highlights recent EPA policy and regulatory developments and litigation related to environmental issues. This May 2006 Edition addresses developments to the Clean Air Interstate Rule, revisions to startup, shutdown, and malfunction requirement plans, an appellate decision regarding flow control ordinances, extension of a  deadline for compliance with oil pollution prevention rules, issuance of new source review regulations for debottlenecking, release of a  joint wetlands mitigation proposal, reduction of RCRA reporting requirements, and the extension of the air toxics deadline.

May 2006
Issues In Antitrust & Trade Regulation

Antitrust Litigation In Wisconsin After Olstad

This update, prepared by Quarles & Brady LLP's Antitrust and Trade Regulation Group, discusses the implications for antitrust litigation in Wisconsin of the Wisconsin Supreme Court's 2005 decision in Olstad v. Microsoft Corp and a recent Wisconsin Court of Appeals decision applying Olstad. The effect of these decisions is to make Wisconsin a much more attractive venue for antitrust litigation, especially for indirect purchasers, who do not have standing to sue under the federal antitrust laws.

 


May 2006
Health Law Update

The Emerging Law Regarding Disclosure To Patients Of Medical Errors and Adverse Events

This update, prepared by Quarles & Brady LLP's Health Law Group, discusses various issues surrounding ethical and legal requirements for timely disclosure to patients of medical errors. Wisconsin, along with 20 other states to date, has passed legislation which encourages statements of apology, responsibility, sympathy and in some arenas, fault. Since ineffective communication with patients is the leading predictor of  lawsuits against physicians, it is critical that legal counsel provide sound advice and protocol to physicians for such disclosures. For further information regarding the emerging laws on this matter, please reference the attached update.

May 2006
Real Estate - Construction Update



This Update, prepared by the Quarles & Brady LLP's Real Estate & Construction Litigation Group, addresses three recently enacted laws each of which went in effect this spring. The first law imposes a mandatory process which consumers and contractors must abide by regarding some, but not all, home construction defect disputes. The second law makes minor, but important changes to the Wisconsin Mechanics Lien law. The third law substantially revises Wisconsin's Eminent Domain Law by restricting the circumstances under which public entities may take property for redevelopment purposes.

May 2006
Health Law Update

Free Drugs! OIG Allows Part D Beneficiaries To Participate In Patient Assistance Programs

This update, prepared by Quarles & Brady's Health Law Group, discusses two new OIG advisory opinions with respect to Medicare Part D beneficiaries' eligibility for Pharma sponsored PAP assistance without violating the Federal Anti-Kickback Statute; further exploration of OIG's Special Advisory Opinion; and additional clarification on getting free drugs from PAPs for Part D Beneficiaries.

May 2006
E-Commerce Law Update

Customer Information Security And Privacy Law Update For Functionally Unregulated Businesses

This update, prepared by Quarles & Brady LLP's E-Commerce and Information Technology Group, discusses the security of personal customer information held by businesses, and outlines new requirements imposed upon all business to implement security measures to protect the confidentiality of personal customer information. The update also discusses the need for each business to adopt a privacy policy that discloses how personal customer information is handled and with whom the information may be shared.

April 2006
Financial Institutions Issues Update #31



Advances in technology and banking conveniences offered to customers are creating concerns about the security and confidentiality of sensitive personal information. Federal financial institution regulators are becoming increasingly attentive to these concerns and are imposing additional requirements on financial institutions to safeguard customer information. This update, prepared by Quarles & Brady's Financial Institutions Group, contains the following related articles: Protecting Personal Customer and Consumer Information; Authenticating the Identity of Electronic Banking Customers; and Response Programs for Unauthorized Access of Customer Information.

April 2006
Health Law Alert

Attention Employers With Small Group Health Plans: Here Is A Tip For Saving Legal Fees

Attached is a Client Update that we sent out last summer. Some of you may have deleted the Update in hopes that the HIPAA Security Rule  would just go away. Alas, it has not, and the effective date is tomorrow. If your plan is not yet compliant, you are not alone. Many small health plans are behind on their compliance efforts and much of the effort will likely continue past the effective date. You should also note that the Centers for Medicare and Medicaid Services eventually clarified that the Security Rule compliance date is actually April 20, 2006 rather than April 21, 2006.If you have not completed your HIPAA Security Rule compliance, now might be a good time for the maxim "Better late than never."

April 2006
Tax Law E-Mail Alert

Wisconsin Withholding Required For Nonresident Members of Pass-Through Entities


This Alert, prepared by Quarles & Brady's Tax Law group, highlights a requirement in the 2005 Wisconsin Budget Bill which requires certain pass-through entities with a Wisconsin income to pay withholding tax. For specifications as to filing deadlines, exemptions and various provisions please read the attached Alert.


April 2006
Health Alert

April 14 deadline for Notification of Privacy Practices

This e-mail is a reminder that if your health plan is a covered entity under HIPAA (which is true of most group health plans that are not fully insured and flexible benefit plans), you must notify the health plan members in some manner of the availability of your Notice of Privacy Practices by April 14, 2006 if you have not done so already. This requirement comes from the privacy rule, which required health plans to send members the Notice by April 14, 2003 and then to remind them every three years that it exists, or to resend it.
If you have any questions about this requirement, please contact Sarah Coyne (608-283-2435), Kerry Moskol (608-283-2609) or your Quarles & Brady attorney. 
 


March 2006
Immigration Law Alert

H-1B Filings For Fiscal Year 2007 Set To Begin

Don't miss out. If you or your employee needs an H-1B during Fiscal Year 2007 (10/1/2006 to 9/30/2007), you must consider filing it in the next month or two. It is possible that the 58,200 visas available may run out as early as May 2006. To learn more, please read the attached Immigration Alert.

March 2006
Issues In Antitrust & Trade Regulation

U.S. Supreme Court Decides Three Antitrust Cases

This newsletter, prepared by Quarles & Brady's antitrust and trade regulation law group, discusses three critical U.S. Supreme Court decisions from recent weeks regarding antitrust cases. Illinois Tool Works, Inc. v. Independent Ink, Inc., No. 04-1329, was decided on March 1, 2006 and deals with tying arrangements involving patented products. Texaco, Inc. v. Fouad N. Dagher et al., No. 04-805 and Shell Oil Company v. Fouad N. Dagher et al., No 04-814, were both decided February 28, 2006 and pertain to pricing decisions of a joint venture. Lastly, Volvo Trucks North America, Inc. v. Reeder-Simco GMC, Inc., No. 04-905, concerns price discrimination and was decided on January 10, 2006.

March 2006
Tax-Exempt Organizations Update

Provision Of Disaster Relief By Charitable Organizations

This update, prepared by Quarles & Brady's tax-exempt organizations law group, contains information regarding the rules and issues pertaining to the Victims of Terrorism Tax Relief Act of 2001 and IRS Publication No. 3833 with particular focus on the provisions of special interest to employers who wish to provide assistance to employees that have been victims of a disaster. Furthermore, comprehensive distinctions are set forth defining various "charitable class" requirements, requisite documentation and clarifying contingent types of aid amongst employer-sponsored private foundations and public charities. Lastly, this article provides valuable commentary with respect to the simplest ways for employers to provide their preferred method of disaster assistance.

February 2006
Environmental E-mail Alert - February 2006 Edition



This Alert, prepared by Quarles & Brady's environmental law group, highlights recent policy and regulatory developments and litigation related to environmental issues. The February 2006 Edition addresses developments in new source performance standards, lead exposure regulations, and NPDES compliance deadlines for CAFOs. The Alert also describes recent EPA guidance on perchlorate reference dose and case law on public participation under the National Contingency Plan.

February 2006
Tax Law E-Mail Alert

Delaware Corporate Franchise Tax: Is Your Corporation Overpaying?

This alert, prepared by Quarles & Brady's Tax Law group, discusses the Delaware Corporate Franchise Tax and an alternative method to calculate the tax which often results in tax savings for corporations.

February 2006
Public Finance Update

Proposed "Taxpayer Protection" Constitutional Amendment

This update, prepared by Quarles & Brady's public finance group, discusses the "Taxpayer Protection Amendment" introduced by Republican members of the State legislature on February 14, 2006. The proposed Taxpayer Protection Amendment creates a limit on "revenue," broadly defined, for the State as well as counties, cities, certain towns, villages, school districts, technical college districts, and special purpose districts. The proposed amendment is similar in its intended effect to prior legislative proposals in Wisconsin commonly referred to as "Taxpayer's Bill of Rights" or "TABOR."

January 2006
Health Law Update

Wisconsin Supreme Court Continues The Trend: Medical Malpractice Claims Made By Developmentally Disabled Children Are Not Subject To Any Statute Of Limitations

This update, prepared by Quarles & Brady's health law group, discusses the recent Wisconsin Supreme Court ruling favoring lawsuits against providers in a case in which medical malpractice claims made by a developmentally disabled child are not subject to any statute of limitations. Facts and history of the case are discussed as well as the decision, gap in the statutes, continuing trends and what the ruling means for health care providers.

January 2006
Health Law Update

New State Law Promotes Donation Of Umbilical Cord Blood

This update, prepared by Quarles & Brady's health law group, discusses the new Wisconsin law effective December 30, 2005 requiring the health care provider of a pregnant woman to inform her about options to donate blood from the umbilical cord of her newborn child.

January 2006
Employment Relations E-Mail Alert #24

Department Of Labor Issues Final Military Leave Regulations

This alert, prepared by Quarles & Brady's labor and employment group, is offered in three different versions. For laws pertinent to your state, please click on one of the above links.

The alert discusses the Department of Labor's regulations governing military leave law effective January 19, 2006 and applicable to all employers. Key issues and changes are summarized in the following topics: What Counts as Military Leave?; Must Employees Provide Notice? How Much?; Do Employers Have Any Say Regarding When Military Leave is Taken?; Can Employees Substitute Accrued Paid Leave for Otherwise Unpaid Military Leave?; Employees Returning from Military Leave; Are There Exceptions to an Employer's Obligation to Reemploy Returning Reservists?; What Position is an Employee Entitled to Upon Returning to Work?; Other Return-to-Work Issues, Including Rate of Pay; Benefits Protection While on Leave; Health Insurance; Pension Benefits; The New USERRA Posters; and USERRA: A Statute with Teeth.

January 2006 (Illinois edition)
Practical Guide To Employment Relations #48



This practical guide, prepared by Quarles & Brady's labor and employment group, contains the following articles: Return of the FLSA!! No, It's Not A Horror Story, But A Strong Reminder Of Employer Obligations; Illinois Employers May Be Responsible For Discrimination By Non-Employees; Employment Checkup?; Retaliation Claims Increasingly Problematic For Employers; Attorneys Recognized As "Super Lawyers."

January 2006
Environmental E-mail Alert - January 2006 Edition



This Alert, prepared by Quarles & Brady's environmental law group, highlights recent administrative, legislative and judicial developments related to environmental issues. The January 2006 Edition emphasizes recent changes in air quality regulation and also describes EPA's final "All Appropriate Inquiry" rule.

December 2005 (Arizona edition)
Practical Guide to Employment Relations #48



This practical guide, prepared by Quarles & Brady's labor and employment group, contains the following articles: How To Host A Holiday Party, California Corner, Statutory Leaves Of Absence And Domestic Partners: New Employer Responsibilities; Don't Forget: The ADA Also Requires Confidentiality; Walking Time Can Be "Integral And Indispensable" To A "Principal Activity" And Be Compensable Under FLSA; Employment Checkup?

December 2005 #20
Practical Guide To Environmental Management #20



This guide, prepared by Quarles & Brady's environmental law group, contains the following articles: USEPA Issues Final "All Appropriate Inquiry Rule": What Every Purchaser Of Property Should Know To Avoid Federal Cleanup Costs; and Will The United States Supreme Court Further Reduce The Jurisdiction Of The Corps to Regulate Wetlands?

December 2005 (Wisconsin edition)
Practical Guide to Employment Relations #48



This practical guide, prepared by Quarles & Brady's labor and employment group, contains the following articles: Walking Time Can Be "Integral And Indispensable" To A "Principal Activity" And Be Compensable Under FLSA; April 25 and May 4, 2005 - Save The Dates For Q&B; Wisconsin Employers May Be Responsible For Discrimination By Non-Employees; Employment Checkup?; Retaliation Claims Increasingly Problematic For Employers; Attorneys Recognized as "Super Lawyers."

December 2005
Public Finance Update

Safe Harbors For Purchase Of Guaranteed Investment Contracts And Investments For Defeasance And Advance Refunding Escrows

This update, prepared by Quarles & Brady's public finance law group, discusses the IRS Regulations in providing a safe harbor for establishing the fair market value of guaranteed investment contracts and open market securities for yield-restricted escrows in connection with an issue of tax-exempt obligations. The following safe harbor requirements are discussed: Bona Fide Solicitation, Bid Requirements, Bid Selection Requirements, Administrative Cost Certification and Recordkeeping Requirements. A section on safe harbor for qualified administrative costs is also included.

December 2005
E-Commerce Law Update

Illinois Enacts Security Breach Notification Law: Personal Information Protection Act

This update, prepared by Quarles & Brady LLP's E-Commerce and Information Technology Group, details the requirements under the Illinois Personal Information Protection Act that will be effective as of January 1, 2006. This new law is designed to compel organizations to secure their data systems by requiring any entity that collects or uses personal information in any form to timely notify Illinois residents affected by a breach in the security of its system data.

November 2005
Health Law Update

Score One For HIPAA: Allowing Disclosures Of Protected Health Information For Treatment, Payment Or Health Care Operations Without Patient Consent Does Not Violate The Constitution

This update, prepared by Quarles & Brady LLP's Health Law Group, discusses the U.S. Court of Appeals for the Third Circuit provision that the HIPAA privacy rule, permitting covered entities to use or disclose individual health information for treatment, payment or health care operations without a one-time advance patient consent, is lawful. The HIPAA consent requirement, background of the case and court analysis are also examined.

November 2005
Employment Relations E-Mail Alert #23 (WI Edition)

Final OFCCP Rule Issued On Recordkeeping And Tracking Of Race, Gender and Ethnicity Of "Internet Applicants". . . An In-Depth Analysis For Government Contractors

This alert, prepared by Quarles & Brady's labor and employment group, discusses the Office of Federal Contract Compliance Programs (OFCCP) final rule on the definition of who is an applicant when a person applies for a job via the Internet and its significance to federal government contractors.

November 2005
Employment Relations E-Mail Alert #23 (AZ Edition)

Final OFCCP Rule Issued On Recordkeeping And Tracking Of Race, Gender and Ethnicity Of "Internet Applicants" . . . An In-Depth Analysis For Government Contractors

This alert, prepared by Quarles & Brady's labor and employment group, discusses the Office of Federal Contract Compliance Programs (OFCCP) final rule on the definition of who is an applicant when a person applies for a job via the Internet and its significance to federal government contractors.

November 2005
Health Law Update

Get Out Of The Way, Stark And Anti-Kickback Laws, E-Prescribing And Electronic Records Are On The Fast Track!

This update, prepared by Quarles & Brady's health law group, discusses electronic prescribing and electronic health records arrangements in light of the October 5, 2005 proposed regulations released by the Centers for Medicare & Medicaid Services (CMS) and the U.S. Department of Health & Human Services Office of Inspector General (OIG). The proposed rules take a step toward being able to achieve the Bush administration's stated goal of achieving widespread adoption of interoperable electronic health records for the purpose of improving the quality and efficiency of health care, while maintaining the levels of security and privacy that consumers expect.

November 2005
Public Finance Update

Arbitrage Rebate Payments & Filings

This update, prepared by Quarles & Brady's public finance law group, discusses arbitrage rebate rebate payments and filings for tax-exempt municipal bonds and notes. Failure to pay the correct rebate amount may cause the bonds to be "arbitrage bonds" and result in the interest on them becoming taxable. Rebate compliance procedures are also summarized.

September 2005
Practical Guide to Employment Relations #47



This Guide, prepared by Quarles & Brady's labor and employment law group, contains various articles and is offered in different versions.  Please click on the above link to select the state version of your choice.  Each edition may have different articles pertinent to the laws in the corresponding state. 

The Arizona Edition contains the following articles: Will Judge Roberts Upset the Supreme Court's Labor and Employment Balance?; Medicare Part D - Employer Opportunity and Obligation; E-Discovery - Litigation Preparedness in the Digital Age; NLRB Revises Rules to Speed Up Union Election Processes; Non-Union Employer Handbooks Can Create Labor Trouble; IRS Modifies Flexible Spending Plans - Use It or Lose It Rule; and Widespread Sexual Favoritism Supports Sexual Harassment Claims in California.

The Wisconsin Edition contains the following articles:  Sexual Harassment - A New Boondoggle for Plaintiff's Lawyers; NLRB Revises Rules to Speed Up Union Election Processes; Non-Union Employer Handbooks Can Create Labor Trouble; E-Discovery - Litigation Preparedness in the Digital Age; and Benefits Corner.

September 2005
Public Finance Update

Review of IRS Reimbursement Regulations

This update, prepared by Quarles & Brady's public finance law group, reviews the IRS reimbursement regulations.  Although the final IRS regulations regarding reimbursement bonds were effective in June 1993, questions frequently arise about them.  This update summarizes the pertinent provisions.

September 2005
Immigration Law Update

Backlog For Immigrant Visas (Green Cards) Grows

This update, prepared by Quarles & Brady LLP's immigration law group, discusses the U.S. Department of State's ("DOS") recent warning of the public in its October 2005 "Visa Bulletin" that it will limit the availability of immigrant visa numbers (green cards) for certain employment-based categories.  Individuals from India and China are particularly affected.

August 2005
Bankruptcy/Creditors' Rights Law Update - August 2005 Edition

The Effect of the Amendments to the Bankruptcy Code on Real Estate Interests

This update, prepared by Quarles & Brady's bankruptcy/creditors' rights law group, discusses the several amendments to the major overhaul of the United States Bankruptcy Code.  Specifically, this update deals with the effect of the amendments on real estate interests.

August 2005
Immigration Law Update

FY 2006 H-1B Cap Reached

This update, prepared by Quarles & Brady's immigration law group, announces that as of August 10, 2005 the U.S. Citizenship and Immigration Services had received enough H-1B petition filings to reach the Congressionally mandated cap for the issuance of new H-1B visas for FY 2006 (October 1, 2005 to September 30, 2006) to individuals who did not graduate with a Master's or higher degree from a U.S. institution of higher education.

August 2005
Real Estate Law Update

Kelo v. City of New London: Broad Implications for Eminent Domain Proceedings and Economic Redevelopment

This update, prepared by Quarles & Brady. discusses the June 23, 2005 United States Supreme Court's much-anticipated eminent domain decision in Kelo v. City of New London.  In the case. the court was asked to decide whether a city's decision to take private property, which was not subject to a blight finding, for the sole purpose of economic redevelopment, satisfied the public use requirement of the Fifth Amendment, thus rendering the taking constitutional.  This update is available in 4 different editions (Arizona, Florida, Illinois and Wisconsin).

August 2005
Government Relations Update

Milwaukee County Adopts New Lobby Regulations

This update, prepared by Quarles & Brady's government relations law group, discusses a new Milwaukee County ordinance regulating the practice of lobbying that will take effect on January 1, 2006.

August 2005
Immigration Law Update

H-1B Cap is Looming!

This update, prepared by Quarles & Brady's immigration law group, discusses the U.S. Citizenship and Immigration Service's report that as of August 4, 2005 there may be a few as 6,261 regular H-1B slots available for FY 2006.

August 2005
Health Law Update

Wisconsin Supreme Court Rules That Cap on "Soft" Damages in Medical Malpractice Cases is Unconstitutional

This update, prepared by Quarles & Brady's health law group, discusses the Wisconsin Supreme Court's July 14, 2005 ruling that the $350,000 cap on noneconomic damages in medical malpractice cases violates the equal protection guarantees of the Wisconsin Constitution.  Notably, this decision moots the portion of the Phelps case that came out from the Court several weeks ago, holding that the cap does not apply to unlicensed first year residents.

July 2005
Product Liability Update

Wisconsin Supreme Court Opens Door to Suits Against Manufacturers Without Proof That They Caused Plaintiff's Injuries

This update, prepared by Quarles & Brady's product liability law group, discusses a recent and potentially far-reaching decision rendered by the Wisconsin Supreme Court on July 15, 2005.  In the decision, the court was the first to extend the risk-contribution theory of liability previously applied only in DES cases to a case against the lead pigment industry.  As a result, product manufacturers and sellers may now be sued in Wisconsin even where there is no proof that the manufacturer's or seller's product caused the injured person's actual injuries.

July 2005
Health Law Update

Department of Justice Opinion Limits HIPAA Privacy Rule's Criminal Sanctions

This update, prepared by Quarles & Brady's health law group, discusses a June 1, 2005 Department of Justice opinion limiting HIPAA privacy rule's criminal sanctions.  The approach set forth by the DOJ has surprised some observers because the opinion seemingly conflicts with the only criminal prosecution to date under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, that of a Seattle lab assistant Richard W. Gibson.

July 2005
Financial Institutions Issues Update #30



This update, prepared by Quarles & Brady's financial institutions group, contains the following articles: Basic Requirements of the Bank Secrecy Act; Key Points for Creating and Maintaining an Effective Bank Secrecy Act Compliance Program; High-Risk Institutions and High-Risk Transactions; and "Sins" Precipitating Bank Secrecy Act Enforcement Actions.

July 2005
Environmental E-mail Alert - July 2005 Edition



This Alert, prepared by Quarles & Brady's environmental law group, highlights recent administrative, legislative and judicial developments related to environmental issues.

July 2005
Health Law Update

Phelps v. Physicians Insurance Company of Wisconsin: Allegations of Medical Malpractice

This update, prepared by Quarles & Brady's health law group, discusses a recent Wisconsin Supreme Court decision (Phelps v. Physicians Insurance Company of Wisconsin) where there were allegations of medical malpractice against an unlicensed first year resident.

July 2005
Health Law Update

Attention Employers With Small Group Health Plans: Here Is A Tip For Saving Legal Fees

This update, prepared by Quarles & Brady's health law group, discusses ways to save legal fees for those employers with small group health plans.  Because much of the compliance effort must be done by health plan administrators themselves, rather than lawyers, there may be more work for you to do than you did before the Privacy Rule.  However, the good news is that with the right documents and a little bit of guidance and review, the compliance effort could be less expensive.

July 2005
Public Finance Update

Treasury Issues Final Regulations on SLGS

This update, prepared by Quarles & Brady's public finance law group, discusses the final regulations on SLGS issued on June 30, 2005 by the treasury.  These regulations are effective August 15, 2005.

June 2005
Tax Law E-Mail Alert

New Treasury Circular 230 Rules Change The Way Written Advice Is Provided To Clients

This alert prepared by Quarles & Brady LLP's Tax Law Group.

June 2005
Practical Guide to Environmental Management #19



This guide, prepared by Quarles & Brady's environmental law group, contains the following articles: OSHA to Enhance its Enforcement Powers Against Employers; and OSHA Wins Guilty Verdict.

June 2005
Public Finance Update

Update on Circular 230

This update, prepared by Quarles & Brady's public finance law group, discusses an update on Circular 230 put forth by the IRS on June 7, 2005.  The IRS issued Notice 2005-47 which expands the definition of "state or local bond opinion" to include any opinion concerning the excludability of interest on a state or local bond from federal income taxation.

June 2005
Health Law Update

OIG Issues Advisory Opinions on Gainsharing Arrangements

This update, prepared by Quarles & Brady's health law group, discusses the OIG's advisory opinions on gainsharing arrangements.  These opinions (AO 05-01, AO 05-02, AO 05-03, AO 05-04, AO 05-05 and AO 05-06) confirm the OIG's position on so-called gainsharing arrangements and provide helpful guidance on problematic features of such arrangements.

June 2005
Employment Relations Email Alert #22

New Federal Regulation on Methods of Destruction of Certain Employment Records

This Alert, prepared by Quarles & Brady's labor and employment law group, discusses a new federal regulation regarding methods of destruction of certain employment records.

June 2005
Public Finance Update

Tax Freeze and Spending Limit Update

This update, prepared by Quarles & Brady's public finance group, discusses possible defensive steps a Wisconsin issuer might consider in light of the provisions of 2005 Assembly Bill 58 (imposing local levy limits) and Assembly Joint Resolution 40 (the TABOR constitutional amendment).

May 2005
Public Finance Update

Circular 230 - New Rules For Tax Opinions Affect Municipal Bond Transactions

This update, prepared by Quarles & Brady's public finance law group, discusses new regulations issued by the IRS which will affect the delivery of legal opinions in connection with municipal bond issues.  These new regulations were issued under Treasury Circular 230.

May 2005
Employment Relations E-mail Alert #21

OSHA To Enhance Its Enforcement Powers Against Employers

This alert, prepared by Quarles & Brady's labor and employment law group, discusses OSHA's newly undertaken initiative to target employers who consistenly flout health and safety laws and those employers whose willful violation of the law results in a workplace death.

May 2005
Health Law Update

HIPAA Update: Enforcement, Complaints and Insurers, Oh My!

This update, prepared by Quarles & Brady's health law group, discusses a newly published proposed rule for HIPAA Administrative Simplification Enforcement.  The rule is intended to standardize procedures for imposing civil money penalties on covered entities for violations of all the HIPAA administrative simplification rules, including: the Privacy Rule, the Security Rule, the Transaction and Code Sets Rule and the Identifier Rules.

May 2005
Bankruptcy/Creditors' Rights Law Update - May 2005 Edition



This update, prepared by Quarles & Brady's bankruptcy & creditors' rights law group contains the following articles: What the Amendments to the Bankruptcy Code Mean to You and Your Business; Bankruptcy Courts Support Creditors by Dismissing Cases for Bad Faith; and Bankruptcy Team Members - Contact Information.

May 2005
Health Law Update

Class Action "Charity Care" Lawsuit Filed in Waukesha County Court on May 2, 2005: Laughlin v. ProHealth Care, Inc.

This update, prepared by Quarles & Brady's health law group, discusses a class action lawsuit filed against Oconomowoc Memorial Hospital and its parent company ProHealth Care Inc., a not-for-profit hospital system based in Waukesha County, Wisconsin.  The suit was filed in the Circuit Court of Waukesha County on behalf of Malinda C. Laughlin, her husband, Robert G. Laughlin, and similarly situated, uninsured patients who had received care from Oconomowoc Memorial Hospital, and/or ProHealth from May 1, 1999 through May 2, 2005 and were allegedly charged rates in excess of the rates charged insured patients.  This type of litigation, commonly referred to as "charity care litigation," is characteristic of other lawsuits that continue to threaten non-profit hospitals across the country.

April 2005
Environmental E-mail Alert - April 2005 Edition



This Alert, prepared by Quarles & Brady's environmental law group, highlights recent administrative, legislative and judicial developments related to environmental issues.

March 2005
Employment Relations E-mail Alert - March 2005

No Intent Required Under Federal Age Discrimination Law - Supreme Court Holds Age Discrimination in Employment Act Allows Disparate Impact Claims

This alert, prepared by Quarles & Brady's labor and employment law group, discusses the newly issued opinion issued by the United States Supreme Court on March 30, 2005 in which it concluded the Age Discrimination in Employment Act of 1967 ("ADEA") authorizes recovery in disparate impact cases.  This ruling allows employees to sue employers on the theory that an employer's facially neutral plan or policy adversely affects the employees because of their age.

March 2005
E-Commerce Law Update

Federal Trade Commission Issues New Rules Regarding the "Primary Purpose" of E-mail Messages Under the CAN-SPAM Act

This update, prepared by Quarles & Brady's corporate services group, discusses the FTC's recently adopted new rules to clarify and implement the provisions of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the "CAN-SPAM Act").  The purpose of these new rules, which take effect on March 28, 2005, is to establish criteria for determining whether the "primary purpose" of an e-mail message is commercial and to provide guidance for determining when senders of e-mail messages are required to comply with the provisions of the CAN-SPAM Act.

March 2005
Product Liability Update

Punitive Damages: Wischer v. Mitsubishi Heavy Industries America and Strenke v. Hogner

This update, prepared by Quarles & Brady's product liability law group, discusses two new important decisions issued by the Wisconsin Supreme Court on March 18, 2005, that will govern the availability of punitive damages in Wisconsin.  The two holdings interpret Wisconsin's  "punitive damages statute" which establishes the burden of proof a plaintiff must satisfy in order to recover punitive damages.