Author: Jenna Rousseau

When a school district finds itself in the difficult position of having to bar an individual from school district property and/or limit the individual’s communications with staff members to ensure the safety of students and staff, a harassment restraining order may be an option. In a previous legal update, we addressed a school district’s broad…

The Wisconsin Department of Public Instruction (DPI) recently issued several decisions in which it addressed the legal standards that apply to pupil discrimination complaints under Wis. Stat. § 118.13. These decisions not only serve as a general reminder regarding the duty on the part of a school district to provide a nondiscriminatory educational environment, but…

When a school district is considering selling real property that is no longer needed for school purposes, the school district has several methods from which to choose. This Legal Update will review several of these options. Importantly, school districts are not required to follow a specific competitive bidding process under state law, though a variation…

Private and public sector clients often inquire about their obligations, if any, to provide a written real estate condition report when selling real estate. Under Wisconsin law, the obligation of a seller to provide a real estate condition report applies to the sale of real estate involving one to four dwelling units and the sale…

This legal update provides a refresher regarding the Equal Pay Act (“EPA”). The EPA is a federal law that applies to most employers. It prohibits discrimination on the basis of sex in the payment of wages for equal work, “the performance of which requires equal skill, effort, and responsibility, and which are performed under similar…

Disputes often arise during the course of construction projects, whether minor or significant in nature. At times, disputes may arise regarding payment for work performed or materials provided for the project. The Wisconsin Court of Appeals recently issued a decision in a case of this nature. In Century Fence Company v. American Sewer Services, Inc.,…

If an individual or entity will be purchasing or selling real estate, it is important to review the condition of the title. In real estate transactions, it is common for the seller to provide an owner’s policy of title insurance covering the proposed buyer. In addition, if the transaction involves financing, the buyer must typically…

When a public or private entity receives notice of an actual or potential claim or lawsuit, one of the first steps it should take is to implement a litigation hold.  In general terms, a litigation hold is a directive to preserve documents, including electronically stored information, and other tangible items that may be relevant to…

In addition to restrictions contained in municipal zoning regulations, landowners, including developers, sometimes place restrictions on the manner in which real property may be used or improved for future owners of the real property.  These restrictions, called “restrictive covenants,” often become relevant when an individual or entity is considering purchasing or selling the property to…

At a time when technology and social media use among students is pervasive, school districts are often faced with issues regarding the contours of regulating off-campus student speech.  To date, the United States Supreme Court has not directly ruled on the limits of school districts’ authority to impose discipline for student speech that occurs outside…