Milwaukee December Corporate Counsel 2015

December 2015
Appeal of an effective argument 05
Commercial drone use skyrockets 11
Mediators find the middle ground 14
Corporate Counsel Directory 15 - 22
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December 2015
COUNSEL
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APPELLATE BRIEF ARGUMENTS

Your best - and perhaps only
- chance to persuade a judge
to rule for your client
ARBITRATION
The other side of the
arbitration story
DRONES
Users likely to be asked: May
I see your license please?
MEDIATION
Process helps firms find
middle ground
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4
DECEMBER 2015
- C O R P O R AT E C O U N S E L -
The appeal of an effective

Argument section
Its your best and perhaps only opportunity to
persuade a judge to rule in your clients favor
on undisputed background issues.
Roger T. Manwaring
Dolan Media Newswires
For most lawyers, the Argument sections of appellate
briefs are full of pitfalls. Here are some suggestions to help
make these sections as persuasive as possible:
KEEP YOUR ARGUMENTS SHORT
Keep arguments as short as possible. Each legal
BE HONEST AND DO NOT IGNORE

OPPOSING ARGUMENTS
Be honest and accurate about the law. Dont ignore
contrary authority (aside from the ethical implications of doing

so, the Appeals Court or your opponent will find it anyway).
Be sure that the cases you rely on fully support the legal
propositions for which you cite them. Your credibility and
argument should concentrate on the specific issue that is
the persuasiveness of your brief will be seriously damaged
being debated. Avoid wasting precious space and losing
if the judges conclude that your version of the law cannot
the readers attention by including pages of boilerplate law
be trusted.
A well-crafted argument
will frame the facts and
legal issues of a case in the

manner most favorable to
your client; will educate
the justices about the
relevant facts and law; and

will lead them, inexorably,
step by step, to the
Similarly, do not ignore the opposing partys arguments,

even if you represent the appellant and the appellee
has yet to file a brief. If the appellee made arguments
before the trial court, they will certainly be made again
on appeal. If the opposing party has not discovered the
best argument against your position, the Appeals Court
probably will. It is best to deal with the argument as best
you can in your primary brief.
CHOOSE YOUR AUTHORITY CAREFULLY
As part of keeping your arguments simple and short,
carefully consider your use of citations.

Stress binding authority. Absent that, look for the most
authoritative, persuasive authority (e.g., cite a persuasive
federal case from the 1st Circuit instead of one from a
different circuit);
Choose authority in which the court was applying the
same standard of review or was deciding the same or
similar procedural motion;
Unless it is absolutely clear, use parentheticals to show
desired result.
DECEMBER 2015
Argument, continued on page 6

5
- C O R P O R AT E C O U N S E L Repeating words and sentence structure to increase

effect. Weve all heard this technique used in speeches. It
also works in briefs.
In addition to the foregoing, you also should consider the
following when drafting your Argument section:
Because Appeals Court judges worry about the
precedent a ruling will set for future cases, try to show
that the result you seek can be accomplished by applying
a rule with limits. If you are opposing the application of
such a rule, argue that it will lead to unforeseen, highly
detrimental consequences;
Appeals Court judges want to reach decisions that
are just, not merely technically correct. Your argument
Thinkstock
Argument, continued from page 5

the reader why you are citing a particular case;
Limit string cites. The judges and their clerks dont
to apply, but also explain why the purposes and policies

underlying the law support its application to the facts of
the present case;
Avoid emotional presentation and attacks on the
want to read 10 cases when one or two would prove your
opposing party or counsel. For example, while its
point. String cites are proper, however, when the number
acceptable to assert that your opponents reliance on a
of courts on each side of an issue is actually relevant, as in a
case is misplaced, you should avoid stating that your
split of authority or when asking the Appeals Court to rule
opponent is misrepresenting the law;
on an issue of first impression;
Do not use jargon. Use simple, clear language. Judges
Limit citations to trial court opinions. Trial court
and clerks who have to read many briefs each day will not
opinions have become much more accessible in recent
appreciate your making an argument any more complicated
years through Westlaw, Lexis and similar resources.
than necessary;
However, such opinions are at most persuasive.
Avoid excessive use of bold print, underlining or italics.
Nevertheless, I believe that it is useful to cite trial court
Used sparingly, emphasis stresses your most important
opinions when no other authority is available, when they
points. However, it quickly loses its effect if overused;
present your position particularly forcefully, or when they

involve facts very similar to your case.
MAINTAIN THE READERS INTEREST
Your brief will be more effective if it holds the interest of
those who must read it. Simple steps you can take to hold
readers interest include:
Avoid using footnotes for substantive content. As a

general rule, if an argument is important enough to appear
in your brief, put it in the text. You might consider placing
all your citations in footnotes, however. Doing so will
improve the readability of your brief.
The Argument section of your brief is your best and
perhaps only opportunity to persuade the appeals court
Avoiding long quotations. Short quotations, on the
judges to rule in your clients favor. A well-crafted argument
other hand, strengthen your argument. Introduce any
will frame the facts and legal issues of a case in the manner
quotation by explaining why you are including it and what
most favorable to your client; will educate the justices
legal proposition it supports. Doing so ensures that the
about the relevant facts and law; and will lead them,
reader understands your argument even if he or she skips
inexorably, step by step, to the desired result.
over the quoted material;
The foregoing suggestions should help you take
Using short paragraphs;
advantage of this golden opportunity.
Varying sentence length. A paragraph also will flow
should not only identify the rule of law you want the court
Attorney Roger T. Manwaring is founder and principal of
better if the sentences differ in length. In addition,
Lawyers Legal Research & Writing. He has more than 25
although short sentences are powerful, they lose their
years of experience in the drafting of appellate briefs and
effectiveness if overused;
can be contacted at rtm@lawyerslegalresearch.com.

DECEMBER 2015
The other
side of the
arbitration
story
Brian R. Jerome and Jeffrey S. Stern

Special to the Wisconsin Law Journal
A recent three-part series in the New York Times
(Arbitration Everywhere, Stacking the Deck of Justice,
Oct. 31) spotlighted certain abuses and injustices in
particular types of arbitration. It has gained wide attention,
especially among those who work regularly with alternative
dispute resolutions.
Although the series was unquestionably effective in
pointing out problems where they exist, it also painted
with such a broad brush as to tarnish the arbitration system
as a whole, as well as the many respected and ethical
professionals who operate within it and who provide just
and effective resolutions to conflicts of many types.
The primary emphasis of the Times series was the
growing use of arbitration clauses in commercial and
consumer contracts among parties with unequal bargaining
power, such as low-wage employees against their
Arbitration, continued on page 8
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- C O R P O R AT E C O U N S E L Arbitration, continued from page 7

employers, credit card or bank customers against large
financial organizations, and the like.
Such arbitration clauses are being inserted in an everwidening range of contracts, often buried in fine print and
unbeknownst to the consumer or not understood by him or
her, and in circumstances that bear no resemblance to freely
negotiated agreements.
The articles were particularly critical of corporations that
include arbitration clauses that have been interpreted to
waive class actions by consumers a practice upheld by
recent, highly controversial Supreme Court decisions.
Reasonable peoples opinions can differ about the merits
of class actions as some critics no doubt believe that
they benefit attorneys more than the class members. Still,
the Times articles demonstrate that, without the leverage
of class actions, it is simply impractical to pursue many
claims using arbitration or other means against large
corporations.
The second installment of the series was particularly
troubling to those who work with alternative dispute
resolutions. It highlighted a small number of cases, the
outcomes of which seemed particularly unjust, and strongly
suggested that the process of arbitration, and arbitrators as
a whole, were somehow biased and that the system itself
was anti-consumer or anti-plaintiff.
Obviously, unjust outcomes are not unique to the
arbitration process, as evidenced by the unpredictability
of jury decisions. However, a few anecdotes of inequitable
arbitration awards should not characterize the work of so
many dedicated arbitrators who objectively follow the
evidence and make unbiased and reasoned decisions.
The articles make a case for reform, either by court
decisions or legislative response, of the use of mandatory
arbitration clauses that are neither prominently displayed
in contracts nor understood by the parties, and particularly
in circumstances in which the parties have significantly
unequal bargaining power.
It is the professional obligation of the ADR community,
which we believe is undoubtedly shared by the majority of
dedicated professionals who provide arbitration services,
to emphasize that the arbitration process has a long and
honorable history, and should justifiably remain an often
preferred option to litigation and trial for many disputes.
Arbitration, continued on page 9
8
Thinkstock
DECEMBER 2015
Arbitration, continued from page 8
and the finality of an arbitration award, as may be deemed

mutually beneficial to the parties.
Unlike the situations described in the Times, arbitration is
The Times series places emphasis on abuses pertaining
most often frequently and freely chosen by the parties and
to a narrow segment of the arbitration field, the regrettable
their attorneys in ongoing cases. There is no need, in other
hallmark of which is the use of arbitration clauses in contracts
words, for any mandatory arbitration clause. Arbitration
involving parties with unequal bargaining power. As such,
is selected as the preferred dispute-resolution process
its main topic was not and should not be seen as
because one or more of its inherent features is appropriate
representative of arbitration or arbitrators as a whole.
for the case. They can include:
As attorneys and ADR providers, we are bound by strict
The time, expense and costs saved by choosing
ethical rules and believe that authentic neutrality is at the
arbitration over extensive litigation, discovery and trial in
very center of our mission and professional life. Indeed,
the court system;
those are the reasons why ADR has become so beneficially
The ability to mutually select the arbitrator or panel of

arbitrators to hear the case. These are neutrals with legal
expertise in the area of the law involved and with track
records of integrity and fairness;
used and remains appropriate as a fair and effective

resolution process.
Brian R. Jerome is the founder of Massachusetts Dispute
Resolution Services and chairman of the Massachusetts Bar
The convenience and efficiency of selecting the time

and place of the hearing; and
Associations ADR Committee. Jeffrey S. Stern is a neutral

at The Mediation Group and a member of the MBAs ADR
The privacy of a conference room over a courtroom,
Committee.
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- C O R P O R AT E C O U N S E L What dIStINguISheS
The Vander Bloemen Group?

The VanderBloemen Groups team of CPAs and Business Advisors has been guiding businesses for
over 35 years. Finding the right expert can make the difference in an important case. Our litigation
team not only covers expert witness testimony but also claim analysis, claim preparation, report
preparation and contract compliance. The VanderBloemen Group assists both plaintiff and
defense attorneys in all stages of pretrial and courtroom activities.
I have repeatedly turned to The VanderBloemen Group in my most contentious and complicated construction disputes. Without fail,
The VanderBloemen Group has efficiently organized and analyzed significant quantities of documents and data and presented its opinions
in a clear, concise and compelling fashion. Its substantial experience and creativity has also repeatedly assisted me in resolving difficult
accounting and damages issues in the cases.
Brian R. Smigelski, DeWitt Ross & Stevens S.C.
In working with the VanderBloemen Group on complex construction claims and litigation I have found their keen understanding of
complex construction cost accounting and practical solutions to questions presented to be a tremendous asset. Further , their claims analysis,
trial preparation , testimonial experience and demonstrative aids are second to none . I would not hesitate to work with the VB Group
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I have had experience with Steve VanderBloemen and his staff as our experts in several multi-party, complex, aggravated litigation cases.
He is one of the best prepared, most knowledgeable experts I have ever used. He is a great teacher when he testifies, as he states his opinions
and answers questions in a clear, concise, and interesting manner. I highly recommend Steve and his group for consultation and expert
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Stephen E. Kravit, Kravit Hovel & Krawczyk s.c.
262.574.0374
www.vanderbloemengroup.com
215 W. North St. WaukeSha, WI 53188
10
DECEMBER 2015
- C O R P O R AT E C O U N S E L Thinkstock
Drone users:
May I see your license, please?

Brad Boyd
According to one source, by mid-year 2015,
Special to the Wisconsin Law Journal
there were more than 700 reports of pilots

citing close calls with UAS. That tripled the
Pressures are mounting for everyone

involved in the unmanned-aircraft
law of the sky is in flux. The Federal Aviation
industry, as increasingly severe penalties
Administration is scrambling to adopt a
and new registration requirements force
registration system and rules that promote
recreational and commercial users of
responsible use of drones, while demanding
drones and similar devices to adapt to
accountability from those who dont follow
evolving laws and regulations.
those rules.
With a recent $1.9 million penalty levied

Brad Boyd, an attorney
at Eden Prairie, Minn.-based
Fafinski Mark & Johnson,
practices within the firms
unmanned aircraft systems
group as well as its real estate
and corporate groups.
He can be reached at
brad.boyd@fmjlaw.com
or 952-995-9500.
DECEMBER 2015
number of reports in 2014. As a result, the
In February, there were around 20
for improper drone use, together with the
Section 333 exemptions, which are
FAAs expected registration requirements,
the FAA authorization to fly UAS for
those who fly drones for business or pleasure
commercial purposes. It is clear that
may find that failure to follow the changing
the FAA has since devoted many of its
rules can have severe consequences.
resources to this technology: A mere nine
Close calls with aircraft continue to

expose a significant public-safety concern.
months later, the number of exemptions

has risen to above 2,200.
Drones, continued on page 12
11
- C O R P O R AT E C O U N S E L Drones, continued from page 11

Meanwhile, consumer drones are expected to be in
requirements for registering drones. FAA Administrator
high demand during the 2015 holiday shopping season.
Michael Huerta set the stage for the task force meetings
Some sources estimate 700,000 will be sold in 2015 alone.
with a comment that should resonate with anyone who
Recreational and hobby users are not exempt from UAS
understands the importance of blending risk management
requirements and risks.
with having the sort of freedom that lets technology
If you are giving or receiving a drone as a holiday gift,

visit KnowBeforeYouFly.org to get familiar with basic rules
advance.
Theres no single solution for how we do this, Huerta
of operation before taking to the skies. The FAA is even
said. The integration of unmanned aircraft is multi-
collaborating with the National Football League to get the
faceted, and our approach must be as nimble as the
word out, relying heavily on a public advocacy message on
technology itself.
YouTube.
On Nov. 21 an FAA press release identified that this task
An increasing number of commercial and hobby users
force delivered its recommendations to the FAA, and that
means increased risk to commercial and general aviation,
the FAA will present recommendations to U.S. Secretary
which explains the FAAs urgency in creating systems that
of Transportation Anthony Foxx. One report from a task
allow users to be identified and monitored.
force member suggests FAA officials would like to adopt
What will be done to mitigate risks posed by UAS?
a registration system within the next 30 days, and that the
The current approach appears to be two-fold: 1)
system could be a fairly simple process, and may even
publishing rules regarding registration, licensing and
occur online.
operation, and 2) imposing severe penalties coupled with

stronger enforcement. Not only has the FAA quickly scaled
the above-mentioned Section 333 exemption process. It
has also launched a registration system.
INCREASING ENFORCEMENT,
PENALTIES FOR PAST ACTS
Noteworthy FAA enforcement actions against drone

operators have been few and far between. Weve moved
REGISTRATION REQUIREMENTS
This month, the FAA assembled a task force to develop
Drones, continued on page 13
STAFF PHOTO BY KEVIN HARNACK
A drone flies overhead as

Marcus Lisocki (left) and Kyle
Cruver, both employees of
West Bend-based Steiner
Electric, install solar panels on
the roof of the Ozaukee County
Transit Services building in Port
Washington. Drone pilots may
soon find that failure to follow
the changing rules can have
severe consequences.
12
DECEMBER 2015
2,200
Drones, continued from page 12

from a proposed $10,000
fine against Raphael Pirker
to a proposed $1.9M fine,
announced in October, against
SkyPan.
The SkyPan penalty should
catch the attention of all
FAA exemptions authorizing drone

use created since February
commercial UAS operators, as
time, commercial and business users have a greater level
it is aimed at the past acts of SkyPan. Specifically, it stems
of responsibility and accountability. Organizations and
from 65 unauthorized flights that occurred from March 2013
businesses that use UAS should be particularly familiar with
through December 2014. Unlike the free pass a speeding
UAS registration requirements and the changing set of laws
motorist may receive if a speeding violation wasnt caught
and regulations that govern use.
in real time, an operator of an improper UAS flight may be
To reiterate the remarks of the FAA administrator, the

UAS technology is indeed nimble. All of us, whether
penalized after the flight.

Its increasingly evident that anyone who wants to fly
businesses, regulators, consumers or advisers involved in
drones recreationally will need to understand the basic
the UAS industry, must be responsive and pragmatic in our
rules of safe operation and recognize that registration
attempts at balancing the overlapping and often competing
and insurance requirements are evolving. At the same
interests of the UAS industry.
DECEMBER 2015
13
- C O R P O R AT E C O U N S E L Thinkstock
Mediation helps firms

find middle ground
usually results in a written document called a Settlement
Bill Ohle
Agreement.
Dolan Media Newswires

Many people confuse mediation with more formal and
binding arbitration and litigation procedures. Adding to
the confusion, mediation is often combined with those two
procedures, although doing so isnt necessary.
Mediation involves an independent and unbiased
mediator who bridges the communication gap between the
disputing parties. Often, their emotions and tendency to
see only their side of the story makes direct communication
difficult if not impossible.
Mediation usually works by having the parties and
their attorneys sitting in different rooms close, but not
too close so a mediator can walk between them. The
mediators first job is to listen to each partys position,
understand the facts as each party sees them, and then
discern the middle ground.
The mediators second job is to move each of the
parties toward that middle ground. This often involves
the mediator concentrating on the negative aspects and
risks in each partys case so as to overcome that natural
tendency to see only ones own side of the story.
The mediators final job is to get the parties to agree
on a final and lasting resolution to the dispute, which
14
The most important thing to remember about mediation

is that it is a completely voluntary process and will never
resolve a dispute unless all the parties agree to the
solution. Any of the parties, and mediation often involves
multiple parties and not just two, can get up and walk
out at any time. And, unlike arbitration or litigation, the
mediator cannot issue a binding decision that the parties
must follow.
If an agreement cannot be reached voluntarily between
the parties, then they must move on to a binding process,
such as arbitration or litigation. Then an arbitrator, a judge
or a jury will decide the case and issue a mandatory order
that the parties must abide by.
In the end, the only way mediation can succeed is if
all sides are willing to compromise. Ive often heard that
a successful mediation leaves no one happy, but the
compromise is better than the lengthy, expensive and
sometimes draconian outcome that results from arbitration
or litigation.
Bill Ohle is an attorney in the Portland office of Schwabe,
Williamson & Wyatt, and represents business and design
professionals in the construction industry. Contact him at
503-796-2414 or at wohle@schwabe.com.
DECEMBER 2015
- C O R P- OCROARTPEOC
RO
AT
U EN SCEOLU D
N ISREELC -T O R Y n ALDANA, RENAE WATERMAN
Buelow Vetter
20855 Watertown Road, Suite 200
Waukesha, WI 53186
Phone: 262-364-0264
Email: raldana@buelowvetter.com
Website: buelowvetter.com
Practice Areas: Represents public
employers in all areas of special
education and school law
Service Area: Wisconsin
n ALLEX, JOHANNA A.
Stafford Rosenbaum LLP
222 W. Washington Ave., Suite 900
Madison, WI 53701
Phone: 608-259-2644
Email: jallex@staffordlaw.com
Website: staffordlaw.com
Practice Areas: Provides a
variety of services in the areas
of estate planning, trust & estate
administration, charitable giving,
tax-exempt organizations (creation,
acting as general counsel, corporate
reorganizations), marital property law
n AZIERE, JOEL S.
Buelow Vetter
Waukesha, WI 53186
Phone: 262-364-0250
Email: jaziere@buelowvetter.com
Practice Areas: Defends employers
in litigation involving all aspects of
labor and employment cases
DECEMBER 2015
n BOARDMAN & CLARK LLP

1 S. Pinckney St., Suite 410
PO Box 927
Madison, WI 53701
Phone: 608-257-9521
Email: info@boardmanclark.com
Website: boardmanclark.com
Practice Areas: Banking; business;
construction; corporate insurance;
dealership, trade & franchise;
employee benefits; energy & telecom;
estate planning; family law; health
care law; labor & employment;
land use & zoning; litigation; local
government; nonprofits; patent,
trademark, & copyright; real estate;
school law; tax
n BRAZA, JAMES E.
(SHAREHOLDER,
CONSTRUCTION CHAIR)
Davis & Kuelthau, s.c.
111 E. Kilbourn Ave.
Milwaukee, WI 53202
Phone: 414-225-1421
Email: jbraza@dkattorneys.com
Website: dkattorneys.com
Practice Areas: Construction
industry, commercial litigation,
litigation, mediation and arbitration,
real estate development industry
n BUELOW, CLIFFORD B.
Buelow Vetter
Waukesha, WI 53186
Phone: 262-364-0251
Email: cbuelow@buelowvetter.com
Practice Areas: Represents private
employers, school districts, and
municipalities of all sizes on all aspects
of labor and employment issues
n BUIKEMA, ROBERT H.
Buelow Vetter
Waukesha, WI 53186
Phone: 262-364-0252
Email: rbuikema@buelowvetter.com
Practice Areas: Advises both public and
private sector employers on a variety of issues
n CALLAN, LAURA E.
Madison, WI 53701
Phone: 608-259-2644
Email: lcallan@staffordlaw.com
Practice Areas: Provides end-to-end
legal services to commercial lenders,
including economic development
corporations and represents clients in
commercial and real estate contract
matters and disputes and shareholder and
business partner contracts and disputes
n CARTER, RODNEY W.
(SHAREHOLDER)
Davis & Kuelthau, S.C.
300 N Corporate Dr, Suite 150
Brookfield, WI 53045
Phone: 262-792-2405
Email: rcarter@dkattorneys.com
Practice Areas: General corporate
services, commercial finance, food and
beverage industry, municipal law, real estate
n CLANCY, LAWRENCE
1200 N. Mayfair Rd., Suite 430
Milwaukee, WI 53226
Phone: 888-655-4752
Email: lclancy@staffordlaw.com
Practice Areas: Counsels business
clients with diverse manufacturing and
service operations and has handled a wide
range of business sales and acquisitions
15
- C O R P O R AT E C O U N S E L D I R E C T O R Y n COLEY, SHERRY D.
(SENIOR COUNSEL)
318 S. Washington St, Suite 300
Green Bay, WI 54301
Phone: 920-431-2239
Email: scoley@dkattorneys.com
Practice Areas: Commercial
finance, commercial litigation, food
and beverage industry, litigation
n EGLE, JAMES B.
Madison, WI 53701
Phone: 608-259-2622
Email: jegle@staffordlaw.com
Practice Areas: Represents business
clients in a broad range of industries,
including manufacturing, utilities,
health care, construction, real estate,
and professional services
n ESCH, BRYAN C.
DeWitt Ross & Stevens SC
Two E. Mifflin St., Suite 600
Madison, WI 53703
Phone: 608-395-6767
Email: bce@dewittross.com
Website: dewittross.com
Practice Areas: DeWitt Ross &
Stevens Business Practice Group
n FELDMAN, DOUGLAS M.
Lindner & Marsack, S.C.
411 E. Wisconsin Ave., Suite 1800
Milwaukee, WI 53202
Phone: 414-273-3910
Email: dfeldman@lindner-marsack.com
Website: www.lindner-marsack.com
Practice Areas: Represents
insurance companies and self-insured
employers in workers compensation
claims and other work-injury defense
claims, including appellate and
subrogation
Service Areas: Michigan, Wisconsin
16
n FIDUCCI, SCOTT E. (CHAIR,

CORPORATE PRACTICE)
111 E. Kilbourn Ave.. Suite 1400
Milwaukee, WI 53202
Phone: 414-225-1428
Email: sfiducci@dkattorneys.com
services, commercial finance, mergers
and acquisitions, real estate, and
securities
n FINERTY, DANIEL J.
Milwaukee, WI 53202
Phone: 414-273-3910
Email: dfinerty@lindner-marsack.com
management in employment litigation,
appellate, regulatory compliance,
and restrictive covenants; public
and private sectors including Native
American tribes
n FLANARY, MATTHEW J.
Buelow Vetter
Waukesha, WI 53186
Phone: 262-364-0253
Email: mflanary@buelowvetter.com
Practice Areas: Head of employee
benefits practice working with both
private and public sector employers
n FLETCHER, CYNTHIA G.
(SHAREHOLDER)
111 E. Kilbourn Ave., Suite 1400
Milwaukee, WI 53202
Phone: 414-225-1415
Email: cfletcher@dkattorneys.com
Practice Areas: Commercial finance
and real estate
n FRAZER, DOUGLAS H.
13935 Bishops Drive #300
Phone: 262-754-2850
Email: dhf@dewittross.com
Stevens Tax Practice Group
n GAEBLER, JOHN F.
13935 Bishops Drive, Suite 300
Phone: 262-754-2882
Email: jfg@dewittross.com
n GARSON, PETER C.
Madison, WI 53703
Phone: 608-252-9361
Email: pgarson@dewittross.com
n GLISCH, SUZANNE M.
Buelow Vetter
Waukesha, WI 53186
Phone: 262-364-0268
Email: sglisch@buelowvetter.com
Practice Areas: Defends public and
private employers in all aspects of
labor and employment law
DECEMBER 2015
- C O R P O R AT E C O U N S E L D I R E C T O R Y n GOLDMAN, JEFF A.
Madison, WI 53703
Phone: 608-395-6730
Email: jag@dewittross.com
Stevens Trust & Estates Practice
Group
n HANSON, KRISTOFOR L.
Milwaukee, WI 53202
Phone: 414-273-3910
Email: khanson@lindner-marsack.com
Practice Areas: Management labor and
employment counseling, litigation, appellate,
regulatory compliance and restrictive
covenants; public and private sectors
n GOVERN, SHAWN M.
Phone: 262-754-2867
Email: smg@dewittross.com
n HALL, TYLER J.
Milwaukee, WI 53202
Phone: 414-273-3910
Email: thall@lindner-marsack.com
Practice Areas: Represents insurance
companies and self-insured employers
in workers compensation claims and
other work-injury defense claims,
including appellate and subrogation
Service Areas: Wisconsin
n HALLOIN, SCOTT
Halloin & Murdock, S.C.
839 N. Jefferson St., Suite 503
Milwaukee, WI 53202
Phone: 414-732-2424
Email: shalloin@halloinmurdock.com
Website: www.halloinmurdock.com
litigation, real estate litigation,
business litigation, and insurance
claims and recovery
Service Areas: Illinois and Wisconsin
DECEMBER 2015
n HUBACHER, MARY L.
Buelow Vetter
Waukesha, WI 53186
Phone: 262-364-0254
Email: mhubacher@buelowvetter.com
and private employers in all areas of
employment, personnel and labor law,
special education and general school law
n HUGHES, CHRISTOPHER B.
Madison, WI 53701
Phone: 608-259-2616
Email: chughes@staffordlaw.com
Practice Areas: Provides a widerange of business law services to a
variety of businesses and industries,
including public utility and energy law
and commercial real estate
n IRVINE, JAMES
Milwaukee, WI 53202
Phone: 414-732-2424
Email: jirvine@halloinmurdock.com
Practice Areas: Business litigation,
construction litigation, real estate litigation,
and insurance claims and recovery
n KASRIEL, MARISA L.
Buelow Vetter
Waukesha, WI 53186
Phone: 262-364-0258
Email: mkasriel@buelowvetter.com
employment, personnel and labor law,
special education and general school law
n KILKELLY, H. ROBERT
Madison, WI 53701
Phone: 608-259-2659
Email: RKilkelly@staffordlaw.com
Practice Areas: Representation of
business clients regarding an array of
services, including employment matters,
software licensing, real estate, equipment
leases, contracts and commercial litigation
n KRAIG, LINDSEY A.
Buelow Vetter
Waukesha, WI 53186
Phone: 262-364-0265
Email: lkraig@buelowvetter.com
Practice Areas: Practices in the
areas of labor and employment law,
and general school law
n LEFFLER, ALANA M.
Buelow Vetter
Waukesha, WI 53186
Phone: 262-364-0267
Email: aleffler@buelowvetter.com
employers in all areas of general
school law
17
- C O R P O R AT E C O U N S E L D I R E C T O R Y n LESLIE, JENNA K.
Milwaukee, WI 53202
Phone: 414-273-3910
Email: jleslie@lindner-marsack.com
subrogation
n LEVY, ALAN M.
Milwaukee, WI 53202
Phone: 414-273-3910
Email: alevy@lindner-marsack.com
management in labor and employment
law, employee benefits, specialty
litigation and appellate
Service Areas: Illinois, Wisconsin
n LOVE, SUSAN M.
Buelow Vetter
Waukesha, WI 53186
Phone: 262-364-0255
Email: slove@buelowvetter.com
employment, personnel and labor law
n LUND, MARGARET T.
Milwaukee, WI 53226
Phone: 414-982-2871
Email: mtlund@staffordlaw.com
Practice Areas: Estate planning,
probate, tax exempt organizations,
entertainment law, taxation, and
business
18
n MACKENZIE, THOMAS W.
Milwaukee, WI 53202
Phone: 414-273-3910
Email: tmackenzie@lindner-marsack.com
law, including collective bargaining and
labor relations; public and private sectors
n MARSACK, GARY A.
Milwaukee, WI 53202
Phone: 414-273-3910
Email: gmarsack@lindner-marsack.com
Service Areas: Wisconsin, Michigan
n MATHERS, ROBERT A.
(SHAREHOLDER)
2905 Universal Street, Suite 2
Oshkosh, WI 54904
Phone: 920-232-4855
Email: rmathers@dkattorneys.com
Practice Areas: Commercial finance, employee
benefits, general corporate services, securities,
tax, trusts, estates and succession planning
n MCKONE, DAVID C.
Milwaukee, WI 53202
Phone: 414-273-3910
Email: dmckone@lindner-marsack.com
n MCMULLEN, CHARLES H.
Phone: 262-754-2875
Email: chm@dewittross.com
nMEYER, LAURIE E.
(SHAREHOLDER)
Milwaukee, WI 53202
Phone: 414-225-1419
Email: laurie.meyer@dkattorneys.com
Practice Areas: Labor and
employment, food and beverage
industry, litigation
n MILLER, MARK H.
Milwaukee, WI 53202
Phone: 414-273-3910
Email: mmiller@lindner-marsack.com
n MURDOCK, ANDREA
Milwaukee, WI 53202
Phone: 414-732-2424
Email: andrea.murdock@
halloinmurdock.com
Practice Areas: Business counseling,
business litigation, construction
litigation, real estate litigation, and
insurance claims and recovery
DECEMBER 2015
- C O R P O R AT E C O U N S E L D I R E C T O R Y n MURDOCK, ANTHONY
Milwaukee, WI 53202
Phone: 414-732-2424
Email: amurdock@halloinmurdock.com
construction litigation, real estate litigation,
and insurance claims and recovery
n MURRAY, JOHN E.
Milwaukee, WI 53202
Phone: 414-273-3910
Email: jmurray@lindner-marsack.com
Service Areas: Minnesota, Wisconsin
n OLSON, MARK L.
Buelow Vetter
Waukesha, WI 53186
Phone: 262-364-0256
Email: molson@buelowvetter.com
employment, personnel and labor law
n PAULSON, LOREN R.
Madison, WI 53701
Phone: 608-210-6306
Email: lpaulson@staffordlaw.com
Practice Areas: Provides a broad range
of legal services to a wide variety of
businesses, including business formation,
mergers and acquisitions, shareholder
agreements and disputes, succession
planning, loan transactions, real estate
transactions and contract negotiation
DECEMBER 2015
n PEDRIANA, DANIEL M.
Milwaukee, WI 53202
Phone: 414-273-3910
Email: dpedriana@lindner-marsack.com
Service Areas: New Mexico, Wisconsin
n PETERSON, LAURIE A.
Milwaukee, WI 53202
Phone: 414-273-3910
Email: lpetersen@lindner-marsack.com
Practice Areas: Management labor
and employment counseling, litigation,
regulatory compliance, restrictive
covenants, immigration, collective
bargaining and labor relations; public
and private sectors
n PIRKEY, NANCY L.
Buelow Vetter
Waukesha, WI 53186
Phone: 262-364-0257
Email: npirkey@buelowvetter.com
Practice Areas: Counsels employers
on the multitude of labor and
employment issues facing them today
n POLLARD, KEVIN C.
Buelow Vetter
Waukesha, WI 53186
Phone: 262-364-0261
Email: kpollard@buelowvetter.com
Practice Areas: Defends public and
private employers in all aspects of
labor and employment law
n RAATHS, BRADLEY W.
Madison, WI 53703
Phone: 608-283-5507
Email: bwr@dewittross.com
n RIEGER, ANN M.
(SHAREHOLDER TRUSTS &
ESTATES CHAIR)
300 N. Corporate Drive, Suite 150
Phone: 262-792-2427
Email: arieger@dkattorneys.com
services, non-profit organizations, tax,
trusts, estates and succession planning
n ROHAN, THOMAS V.
(SHAREHOLDER)
318 S. Washington St., Suite 300
Green Bay, WI 54301
Phone: 920-431-2243
Email: trohan@dkattorneys.com
and acquisitions, and real estate
n RUESCH, GARY M.
Buelow Vetter
Waukesha, WI 53186
Phone: 262-364-0263
Email: gruesch@buelowvetter.com
employers in all areas of labor and
employment law, special education
and general school law
19
- C O R P O R AT E C O U N S E L D I R E C T O R Y n SCALLON, GREGORY E.
Madison, WI 53703
Phone: 608-283-5639
Email: ges@dewittross.com
n SCHWARZENBART, PAUL W.
Madison, WI 53701
Phone: 608-259-2631
Email: pschwarzenbart@staffordlaw.com
Practice Areas: Commercial, real
estate and insurance litigation
n SCHELLINGER, SUSAN G.
(SHAREHOLDER)
Milwaukee, WI 53202
Phone: 414-225-1492
Email: sschellinger@dkattorneys.com
Practice Areas: Commercial
litigation, construction, insurance
coverage disputes, litigation
n SCOTT, DENASHA A.
Milwaukee, WI 53226
Phone: 414-982-2873
Email: dscott@staffordlaw.com
Practice Areas: Serves as counsel
to businesses, foundations, and taxexempt organizations on a wide variety
of ongoing business needs, including
corporate compliance, business
succession planning, bylaws, operating
agreements, shareholders agreements,
joint venture agreements, contracts,
asset and stock purchase agreements,
and tax-exempt organizations law
n SCHMIDT, CHARLES DAVID

Milwaukee, WI 53202
Phone: 414-732-2424
Email: cschmidt@halloinmurdock.com
construction litigation, real estate
litigation, and insurance claims and
recovery
n SCHNEPPER, BRETT D.
Buelow Vetter
Waukesha, WI 53186
Phone: 262-364-0262
Email: bschnepper@buelowvetter.com
Practice Areas: Advises both public
and private sector clients with benefit,
retirement, and welfare plan design,
and potential issues
20
n SEID, SCOTT A.
Madison, WI 53701
Phone: 608-259-2693
Email: sseid@staffordlaw.com
Practice Areas: Represents clients in
variety of matters including business
acquisitions, contracts, employment
matters (including non-compete
agreements), real estate acquisition
and leasing, equipment leasing,
software licensing matters, and
trademark and copyright matters
n SELL, GREGORY J.
(SHAREHOLDER TAX CHAIR)
Milwaukee, WI 53202
Phone: 414-225-1405
Email: gsell@dkattorneys.com
services, real estate, and tax
n SHADMAN, SHEILA
Milwaukee, WI 53202
Phone: 414-732-2424
Email: sshadman@halloinmurdock.com
litigation, real estate litigation,
business litigation, and insurance
claims and recovery
Service Areas: Illinois and
Wisconsin
n SKILTON VERHOFF, LAURA
Madison, WI 53701
Phone: 608-259-2649
Email: lsverhoff@staffordlaw.com
Practice Areas: Represents business
clients in bankruptcy, foreclosure,
collection, and insurance matters
n SOLHEIM, THOMAS P.
Madison, WI 53701
Phone: 608-259-2627
Email: tsolheim@staffordlaw.com
Practice Areas: Business law,
mergers/acquisitions, finance,
emerging businesses, foundations and
nonprofits, real estate law
DECEMBER 2015
- C O R P O R AT E C O U N S E L D I R E C T O R Y n SORENSON, STEVEN R.
(SHAREHOLDER)
2905 Universal Street, Suite 2
Oshkosh, WI 54904
Phone: 920-232-4846
Email: ssorenson@dkattorneys.com
services, real estate, and trusts, estates
and succession planning
n SPRINGSTEAD, CHELSIE D.
Milwaukee, WI 53202
Phone: 414-273-3910
Email: cspringstead@lindnermarsack.com
subrogation
n STATZ, JAMES I.
Madison, WI 53701
Phone: 608-259-2689
Email: jstatz@staffordlaw.com
Practice Areas: Represents parties
involved in real estate and closelyheld business transactions, business
startups and contractors and designbuilders in construction matters.
DECEMBER 2015
n STONE, MELISSA, M.
Milwaukee, WI 53202
Phone: 414-273-3910
Email: mstone@lindner-marsack.com
n ULATOWSKI, ADRIAN T.
(SHAREHOLDER)
Green Bay, WI 54301
Phone: 920-431-2241
Email: aulatowski@dkattorneys.com
and acquisitions, real estate, and
trusts, estates and succession planning
n SWAIN, JONATHAN T.
Milwaukee, WI 53202
Phone: 414-273-3910
Email: jswain@lindner-marsack.com
n VERGERONT, MEG
Madison, WI 53701
Phone: 608-259-2663
Email: mvergeront@staffordlaw.com
Practice Areas: Provides
employment law advice and
representation for a broad range of
employers on matters relating to
development of employment policies,
COBRA, anti-discrimination and
wage and hour laws and non-compete
agreements
n TIERNEY IV, JOSEPH E.

(SHAREHOLDER REAL ESTATE
CHAIR)
Milwaukee, WI 53202
Phone: 414-225-1471
Email: jtierney@dkattorneys.com
and acquisitions, real estate, and tax
n TRUPKE, AMIE B.
Madison, WI 53701
Phone: 608-259-2672
Email: atrupke@staffordlaw.com
Practice Areas: Assists businesses
obtain, renew, and protect intellectual
property rights
n VLIET, DANIEL G.
Buelow Vetter
Waukesha, WI 53186
Phone: 262-364-0259
Email: dvliet@buelowvetter.com
employers on a variety of labor and
employment issues
21
- C O R P O R AT E C O U N S E L D I R E C T O R Y n WISTROM, OYVIND
Milwaukee, WI 53202
Phone: 414-273-3910
Email: owistrom@lindner-marsack.com
n WOOD, LISA KLEINER
(SHAREHOLDER)
Milwaukee, WI 53202
Phone: 414-225-1416
Email: lwood@dkattorneys.com
services, commercial finance, real
estate, construction, and food and
beverage industry
n WOOD, SAMANTHA J.
Milwaukee, WI 53202
Phone: 414-273-3910
Email: swood@lindner-marsack.com
Practice Areas: Management labor
and employment counseling, litigation,
regulatory compliance, restrictive covenants,
immigration, collective bargaining and labor
relations; public and private sectors
n WOODWARD, WILLIAM S.
(SHAREHOLDER)
Green Bay, WI 54301
Phone: 920-431-2222
Email: wwoodward@dkattorneys.com
services, commercial finance, mergers and
acquisitions, real estate, and securities
n YOUNGER, JEFFREY W.
Madison, WI 53701
Phone: 608-259-2650
Email: jyounger@staffordlaw.com
Practice Areas: General business
law practice, with emphasis in
areas of construction, employment
(employer/management side),
business organizations/agreements,
and commercial real estate/leases.
Includes transactional work and
litigation
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Milwaukee December Corporate Counsel 2015

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December 2015

Appeal of an effective argument 05

Commercial drone use skyrockets 11

Mediators find the middle ground 14

Corporate Counsel Directory 15 - 22

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At the intersection of legal hurdles and business objectives is a law firm

BROOKFIELD | GREEN BAY | MADISON | MILWAUKEE | OSHKOSH

The appeal of an effective

Keep arguments as short as possible. Each legal

BE HONEST AND DO NOT IGNORE

Be honest and accurate about the law. Dont ignore

contrary authority (aside from the ethical implications of doing

argument should concentrate on the specific issue that is

the persuasiveness of your brief will be seriously damaged

being debated. Avoid wasting precious space and losing

if the judges conclude that your version of the law cannot

the readers attention by including pages of boilerplate law

legal issues of a case in the

relevant facts and law; and

Similarly, do not ignore the opposing partys arguments,

As part of keeping your arguments simple and short,

carefully consider your use of citations.

Argument, continued on page 6

- C O R P O R AT E C O U N S E L Repeating words and sentence structure to increase

Argument, continued from page 5

to apply, but also explain why the purposes and policies

want to read 10 cases when one or two would prove your

opposing party or counsel. For example, while its

point. String cites are proper, however, when the number

acceptable to assert that your opponents reliance on a

of courts on each side of an issue is actually relevant, as in a

case is misplaced, you should avoid stating that your

split of authority or when asking the Appeals Court to rule

opponent is misrepresenting the law;

on an issue of first impression;

Do not use jargon. Use simple, clear language. Judges

Limit citations to trial court opinions. Trial court

opinions have become much more accessible in recent

appreciate your making an argument any more complicated

years through Westlaw, Lexis and similar resources.

However, such opinions are at most persuasive.

Avoid excessive use of bold print, underlining or italics.