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…

Equal Pay Act Claims

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…

Best Practices For Litigation Holds

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…

With public school districts closed for purposes of in-person pupil instruction and extra-curricular activities for the remainder of the school year, many school districts are considering moving up construction and building maintenance projects that were previously scheduled to commence in the summer. In addition, some school districts had already commenced construction and building maintenance projects…

Public and private sector entities with pending court litigation or pending discrimination complaints/charges are questioning how COVID-19 will impact their cases.  Initially, the Wisconsin circuit courts determined how to address COVID-19 concerns at the circuit court level.  This led to inconsistent practices among circuit courts.  On March 22, 2020, the Wisconsin Supreme Court issued several…