insurance legal services

Madison • Waukesha

Experience You Expect, Innovation You Require

Axley Brynelson, LLP Founded in 1885, Axley is a full-service law firm with two Wisconsin offices and over 50 attorneys. With over a century’s worth of experience, we

pride ourselves on providing timely, quality and cost-effective legal services to a wide-array of clients – from individuals and small business owners to

multinational corporations.

Recently named the #1 Preferred Law Firm by InBusiness Magazine’s Executive Choice Award, we are recognize not only for our expertise – but our ability

to develop creative solutions to today’s legal problems. We believe in hard work, loyalty and aggressive representation; going above and beyond what is

required to give clients the results they need.

Holding ourselves to high standards and hiring only excellent attorneys and staff, we continue a tradition that has been upheld since Axley’s inception;

a tradition that has driven the success of our firm and, most importantly, our clients for over 125 years – and counting.

Our dedication to exceeding client expectations and furthering innovation in the legal field is evident in a variety of unique alternative fee arrangements.

We also maintain a complimentary extranet – a virtual storage space protected by top-of-the-line security – where clients can access and download files

at their convenience. Last, but not least, we make it a priority to respond to all emails we receive within a 24-business-hour time frame.

Clients that choose Axley can rest assured they will receive unparalleled representation from attorneys with the experience they expect and the

innovation they require.

Practice AreasAxley attorneys offer legal services in over 100 practice areas. Our core practice areas

include Business & Corporate, Construction, Labor & Employment, and Litigation. In

order to provide our clients with the best possible legal representation, these areas

are further broken down into specialized teams. The team approach gives Axley clients

access to the knowledge, experience, and resources of our entire firm without the added

cost. Our attorneys work together to ensure a case is scrutinized from all angles, resulting

in quality representation for all legal matters that come through our doors. Our practice

areas include:

• Business, Corporate & Securities

• Condemnation & Eminent Domain

• Construction

• Criminal Defense

• Environmental

• Estate Planning and Tax

• Family Law

• Health Care

• Insurance

• Labor and Employment

• Litigation

• Municipal and School

• Real Estate, Zoning, Land Use and Development

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Waukesha Office

Madison Office

AXLEY MADISON 2 East Mifflin Street | Suite 200Madison, WI 53703

Phone: 608.257.5661Toll Free: 800.368.5661Fax: 608.257.5444

Hours: M-F 7:00 a.m. – 5:00 p.m.

AXLEY WAUKESHA N20W22961 Watertown RoadWaukesha, WI 53186

Phone: 262.524.8500Toll Free: 800.368.5661Fax: 262.524.9200

Hours: M-F 8:30 a.m. – 5:00 p.m.

InsuranceInsurance is not synonymous with litigation. Although

Axley attorneys do significant insurance litigation,

both against and on behalf of insurers, there are other

areas of vital concern to individuals and businesses.

Insurance is a regulated industry, subject to numerous

state and federal laws affecting the solicitation, sale

and administration of insurance services and products.

Axley’s attorneys have many years of experience in the

insurance industry, ranging from a nationally recognized

authority on legal issues affecting insurance agency

ownership and operations, to a former general counsel

of a life and health insurance company. This practical,

working knowledge of the field and markets allows

Axley to provide the advice and counsel to maneuver

the insurance maze in areas such as:

• Administration, servicing and reinsurance

agreements

• Agent contracting, marketing agreements and joint

venture agreements

• Assisting with formation, sale, acquisition or merger

of agencies, insurers, subsidiaries or blocks of

business

• Assisting with obtaining a Certificate of Authority to

conduct business in Wisconsin and other states

• Claims adjustments/administration

• Licensing/disciplinary matters before the Wisconsin

Office of the Commissioner of Insurance-both insurer

and agent/agency

• Market conduct issues

• Policy drafting and form filing

• Policy interpretation/construction regarding

coverage

• Privacy issues

• Risk management/loss control

Insurance DefenseThe primary purpose of Axley’s Insurance Defense

Team is to aggressively and efficiently defend insurance

companies and their insureds who have been sued.

Axley’s defense attorneys have expertise in a wide

variety of areas including:

• Motor vehicle accidents

• Wrongful death claims

• Products liability

• Premises liability

• Civil rights matters

• Claims against municipalities

• Claims against school districts

• Environmental damage claims

• Worker’s compensation

• Claims against agricultural businesses and farmers

• Bad faith claims

• Subrogation matters

• Insurance policy coverage disputes

Axley’s hard-working, cost-effective defense attorneys

have been central to its litigation practice since the firm

was founded in 1885. Axley’s defense team handles

cases state-wide, before all administrative agencies and

in all state and federal courts throughout Wisconsin.

Many of our defense team attorneys are also licensed to

practice law in other state and federal courts outside of

Wisconsin and before the Supreme Court of the United

States, so we are often able to help our clients even

when the matter is not venued in Wisconsin.

Insurance Claims & Defense

Significant RepresentationsDismissal of Insurer – Noise-Induced Hearing LossObtained dismissal of insurer in federal court coverage action involving noise induced

hearing loss based on res judicata. Court previously denied motion to dismiss but

overturned its prior ruling on a motion to reconsider and entered judgment in favor of

insurer.

Insurance Coverage DisputeSuccessfully represented trucking company in insurance coverage dispute and obtained

an additional $2 million of coverage

No Negligence – Slip-and-FallRepresented insurance company and its insured in

regards to a slip-and-fall which occurred in the insured’s

home. Plaintiff’s counsel offered to settle the case

based on a 90-10 liability split against the insured. The

Dane County jury determined that the insured was not

negligent and the Plaintiff was solely negligent. The

Plaintiff rejected an offer of over $20,000 and instead

received no recovery.

Obtained Defense Verdict in Cow vs. Car AccidentSuccessfully defended local farmer at trial in a cow

versus car accident where the car driver and passenger

sustained significant injuries

Obtained Defense Verdict in Roll-Over AccidentSuccessfully defended local Co-op at jury trial from

personal injury claim arising from roll-over accident due

to alleged negligent loading of trailer

Obtained Defense Verdict in Multimillion-Dollar Alleged “Bad Feed” ClaimObtained defense verdict for client following lengthy jury trial arising from an alleged

“bad feed” claim.

Obtained Summary Judgment on Behalf of Structural Steel ContractorObtained summary judgment on behalf of structural steel contractor in personal injury

lawsuit that occurred at a large condominium building.

Lori Lubinsky is a partner in the firm and a member of both the Litigation and Labor and

Employment Practice Groups. Ms. Lubinsky’s practice includes civil litigation, employment

law, insurance defense, professional malpractice, shareholder disputes, commercial

litigation, construction litigation and personal injury law. She also represents municipal

corporations and school districts on a variety of legal issues including discrimination,

harassment, retaliation, constitutional/civil rights law, contract issues, special education

matters and student discipline.

Ms. Lubinsky’s practice includes active litigation in administrative tribunals, state court

and federal court. She regularly serves as local counsel for out of state law firms in state

and federal court. She also advises clients on compliance with a variety of laws including

federal and state employment laws, and open records and open meetings laws.

Ms. Lubinsky has been an adjunct professor at the University of Wisconsin Law School

teaching Pre-trial Advocacy. She also speaks before a variety of professional and business

organizations on litigation and employment issues.

Ms. Lubinsky has significant appellate experience, having argued five times before both

the Wisconsin Supreme Court and seven times before the Seventh Circuit. She has acted

as lead counsel in over thirty state and federal appeals.

Appellate Practice

Civil Rights & Constitutional Issues

Commercial Litigation

Employee Hiring, Discipline & Discharge

Employment Contracts & Restrictive

Covenants

Employment Discrimination

Employment Litigation

Federal Court Litigation


Labor and Employment

Litigation

Motorcycle & Other Vehicle Accidents

Municipal & Local Government

Municipal and School

Personal Injury

Professional Liability Defense

Representation of Public Sector Employers

School Law

State & Federal Family Medical Leave Acts

Workplace Harassment

Wrongful Death

Admitted to practice in the state courts of Wisconsin, the

United States Supreme Court, the United States Court of

Appeals for the Seventh Circuit and the United States District

Courts for the Eastern and Western Districts of Wisconsin.

Practice Areas

www.axley.com/attorney/[email protected] | 608.283.6752

Lori Lubinsky

EducationJ.D., cum laude, University of Wisconsin-Madison Law

School

B.A., with honors, University of Wisconsin-Madison

InvolvementMember, American Bar Association

Member, Hiring Committee, Axley Brynelson, LLP

Member, Wisconsin Defense Counsel

Member, Dane County Bar Association

Member, State Bar of Wisconsin

Member, Wisconsin School Attorneys Association

Member, Wisconsin School Board Association

Organizes the Dane County regional Mock Trial

Tournament for the State Bar of Wisconsin

Recognition• Named to the 2013-2015 Wisconsin Super Lawyers

List (Primary Area of Practice: Civil Litigation Defense)

• Named to Wisconsin Super Lawyers List in its

Business Edition (Primary Area of Practice: Civil

Litigation Defense)

• Named by the Wisconsin Law Journal as one of

2009’s top women in the Wisconsin legal profession

• Named a top education law lawyer in The Best

Lawyers in America©

• Named to the 2006, 2007, 2010 and 2012 Wisconsin

Rising Stars Lists

• AV Preeminent® Peer Review Rated by Martindale-

Hubbell® Peer Review Ratings™

Lori M. Lubinsky

Rating

Excellent

Featured AttorneyEmployment

Litigation - First Amendment—Madison

Michael J. Modl

2014

LINKING LAWYERS AND CLIENTS WORLDWIDE

LORI M. LUBINSKYLISTED IN

2016

Lori M. Lubinsky

Rating

Excellent



Michael J. Modl

2014



2016

Lori M. Lubinsky

Rating

Excellent



Michael J. Modl

2014



2016

Significant RepresentationsReal Estate Litigation Relating to Use RestrictionSuccessfully represented real estate developer through trial in lawsuit filed by commercial

tenant seeking damages in excess of $800,000 relating to the scope of a use restriction

in the commercial lease prohibiting certain types of restaurants from operating near the

tenants location.

Adverse PossessionObtained favorable jury verdict in adverse possession case in favor of landowner

Constructive DischargeObtained summary judgment in federal court on behalf of school district on employee’s

claims for failure to accommodate her alleged disability and constructive discharge,

which was affirmed on appeal at Cigan v. Chippewa Falls Sch. Dist., 388 F.3d 331 (7th

Cir. 2004)

Dismissal – Breach of Contract, Breach of Fiduciary Duty & Statutory ViolationsObtained summary judgment in favor of corporation where federal court dismissed

a former member’s claims involving a dissolved LLC, including claims for breach of

contract, breach of fiduciary duty, various statutory violations, as well as a request for an

accounting. See 2010 WL 2739832 (W.D. Wis.)

Employee DisabilitiesObtained summary judgment in federal court on behalf of municipality of employee’s

claim for failure to accommodate an alleged disability after arbitrator reinstated employee

following termination, which was affirmed on appeal at Peters v. City of Mauston, 311

F.3d 835 (7th Cir. 2002)

Federal Court Case – First Published Decision Addressing Validity of Multiple Administrator ContractsObtained summary judgment in favor of school district where federal court dismissed

an administrator’s due process liberty and property claims, along with related state

claims for breach of contract, promissory estoppel and defamation, all of which related

to the administrator’s actions in seeking to obtain his early retirement benefits before he

actually retired. The court also issued the first published decision addressing the validity

of multiple administrator contracts under Wis. Stat. §118.24. See 2010 WL 2757336 (W.D.

Wis.) and 2010 WL 2517564 (W.D. Wis.)

Frivolous LawsuitRecovered attorney’s fees on behalf of client in Dane County court for having to defend

lawsuit that was frivolously filed

Malpractice Involving Family Law MatterObtained jury verdict in favor of law firm and two attorneys who were sued for

malpractice involving family law matter

Appellate Practice





Covenants






Litigation




Personal Injury



School Law



Wrongful Death

Practice Areas

Significant Representations ContinuedMisrepresentation ClaimsPrevailed at court trial on misrepresentation claims involving a failed attempt to purchase

commercial property

Misrepresentations & Breach of ContractObtained jury verdict in favor of sellers of home sued for misrepresentations and breach

of contract relating to disclosures in sellers’ real estate condition report

Non-Compete AgreementPrevailed on employer’s request for injunction to attempt to enforce non-compete

agreement

Open Meetings LawRepresented authority in open meetings lawsuit involving specificity of notice required

under open meetings law, which case was decided by the Wisconsin Supreme Court at

State ex. rel. Buswell v. Tomah Area School Dist., 2007 WI 71, 732 N.W.2d 804

Personal Injury – Falling Through StaircaseObtained substantial personal injury settlement involving employee injured after falling

through outdoor staircase

Prevailed at Administrative Hearing – Road RelocationPrevailed at administrative hearing relating to developer’s request for approval from DNR

for relocation of road providing access to waterway, which was affirmed in appeal at

Citizens for U v. DNR, 2010 WI App 21

Prevailed in Open Records LawsuitPrevailed in open records lawsuit on behalf of authority sued for release of records

relating to authority’s investigation into employee’s alleged actions, which was affirmed

on appeal at Seifert v. Sheboygan Falls School Dist., 2007 WI App 207, 740 N.W.2d 177

Prevailed on Attempt by Objectors to Prevent/Delay DevelopmentPrevailed on attempt by objectors of development to prevent/delay development by

use of direct legislation statute

School District Immunity DefensePrevailed on immunity defense for school district relating to student’s fall in school

hallway which was affirmed on appeal at Edwards v. Baraboo School District, 2011 WI

App 121.

www.axley.com/attorney/[email protected] | 608.283.6752

Lori Lubinsky

We chose Attorney Lubinsky to represent us on the

recommendation of one of our transactional business attorneys.

We were looking for a tenacious fighter who would represent

our interest in court aggressively. Lori gave us all of that, and

more. We couldn’t be more grateful for her thoughtful advice,

helpfulness in navigating the uncertain waters of litigation and

aggressive representation. It is without reservation that we

highly recommend her and Axley Law Firm.

- Terry McGuire | BLM Land, LLC

Sexual MisconductPrevailed on plaintiff’s claims against school district for a teacher’s sexual misconduct.

N.R. Poe v. St. Francis School District, Appeal No. 12-1039 (7th Cir. 2012).

Summary Judgment – Alleged BatteryObtained summary judgment in state court on claims against teacher for alleged battery

in the classroom and against school district for alleged failure to supervise teacher, which

was affirmed on appeal. Loy v. Dodgeville Sch. Dist., 2004 WL 2109976

Tuition PaymentsObtained summary judgment for school district relating to parents’ request for

reimbursement of private school tuition payments for disabled student, which was

affirmed on appeal at Hjortness v. Neenah Joint School Dist., 508 F.3d. 851 (7th Cir. 2007)

Worker Disability & Retaliation ClaimsObtained summary judgment in federal court, which was affirmed on appeal at Champlin

v. Wonewoc-Center Sch. Dist., 2003 WL 2150938, on behalf of school district of former

employee’s claim for failure to accommodate an alleged disability, while also obtaining

no probable cause finding after hearing before Equal Rights Division on retaliation claim

brought by same employee

Art Kurtz is a partner in the firm and member of the Litigation Practice Group, practicing

across a broad range of litigation matters. He practices primarily in the areas of insurance

defense, insurance coverage, disciplinary matters, and personal injury and also has a

significant family law practice. Mr. Kurtz has represented clients in jury trials, court trials

and administrative hearings throughout the state of Wisconsin, as well as in federal

court. He has made numerous presentations regarding insurance law including bad faith

claims and has been retained as an expert witness. He is admitted to practice before the

Wisconsin Supreme Court, the United States Court of Appeals for the Seventh Circuit

and various federal district courts.

Mr. Kurtz was employed in the claims department of Progressive Insurance Companies

for 10 years and held the position of regional claims manager, responsible for offices in

five states.

Administrative & Regulatory Matters

Appellate Practice

Bad Faith Insurance Claims

Bid Disputes & Protests

Bond & Insurance Claims


Construction Business Issues

Custody, Placement and Child Support

Divorce, Annulment or Legal Separation

Family Law

Grandparent/Third-Party Visitation

Insurance


Litigation

Marital Property Agreement/Prenuptial


Paternity

Personal Injury

Products Liability Defense

Real Estate Disputes/Adverse Possession

Claims

Relocation

Same-Sex Relationship/Domestic Partnership

Wrongful Death

Practice Areas

Art Kurtzwww.axley.com/attorney/[email protected] | 608.283.6737

Thank you for all of your help on this. It’s been the most difficult

thing I’ve been through and I’m thrilled and relieved to be able

to come out with equal placement–although it was a long and

painful process–and move forward with my life. I was most

interested in the end result and with your help and guidance I

was able to achieve it. Best of luck in the future.- Adam T

EducationJ.D., M.B.A., University of Wisconsin-Madison

B.A., Phi Beta Kappa, Rutgers University

PublicationsArticles • Divorce and Social Security Benefits

Significant RepresentationsNo Negligence – Slip-and-FallRepresented insurance company and its insured in regards to a slip-and-fall which

occurred in the insured’s home. Plaintiff’s counsel offered to settle the case based on

a 90-10 liability split against the insured. The Dane County jury determined that the

insured was not negligent and the Plaintiff was solely negligent. The Plaintiff rejected an

offer of over $20,000 and instead received no recovery.

InvolvementMember, Civil Trial Counsel of Wisconsin



Recognition• AV Preeminent® Peer Review Rated by Martindale-


• Named a top Insurance Law attorney by The Best

Lawyers In America©

Lori M. Lubinsky


Michael J. Modl

2014

Art E. Kurtz


ART E. KURTZLISTED IN

2016

Lori M. Lubinsky


Michael J. Modl

2014

Art E. Kurtz


ART E. KURTZLISTED IN

2016

Paul Curtis has structured his life around helping others, and derives great satisfaction

from defending people who have been wrongly accused of causing injury. One of the

best parts of his job is making the initial contact with a worried client to tell him or her

that, “This problem is mine to worry about now. It’s not all on your shoulders anymore.”

A partner in Axley, Mr. Curtis focuses his law practice on insurance and personal injury

defense, contract disputes, premises liability and commercial litigation. He represents

businesses and individuals in both state and federal court, and represents employers and

insurers in worker’s compensation claims before the Wisconsin Worker’s Compensation

Division. He is listed in the prestigious “Who’s Who in American Law.”

Mr. Curtis particularly enjoys working on agribusiness cases, and travels to farms, feed

mills and co-ops across Wisconsin and Minnesota. He enjoys meeting with his clients

on their own turf because it is more comfortable and convenient for the client and also

because it is helpful to see the environment where the accident or problem occurred.

Mr. Curtis grew up working on farms in the Fox Valley area of Wisconsin, so he is just as

comfortable out in the field as he is in the courtroom.

Mr. Curtis began his career at Axley while he was still in college. He went to school during

the day and washed coffee cups and performed filing duties after business hours. He

eventually worked his way up to be the firm librarian and paralegal before leaving for law

school. While away at law school, Mr. Curtis continued working at Axley as a law clerk.

From the beginning, the firm’s team of attorneys and legal professionals impressed Mr.

Curtis as fair, ethical, down-to-earth and very hardworking. He fit right in, and joined the

firm after earning his degree from the University of Minnesota Law School.

Mr. Curtis is a frequent speaker and contributor to legal journals, and also volunteers his

time to help others. He serves on the State Bar of Wisconsin Professionalism Committee

and on the Verona Police and Fire Commission. In addition, he leads the firm’s participation

in a free-legal-advice program offered through the State Bar of Wisconsin as well as the

Toys for Tots collection during the holidays.

In his free time, Mr. Curtis spends time with his wife and children, and enjoys the many

activities in which his son and daughter participate. An avid outdoorsman, he also loves

to go camping, canoeing, hunting and fishing with family and friends.

Admitted to practice in the State Courts of Wisconsin, Supreme Court of Wisconsin,

Federal Courts for the Eastern and Western Districts of Wisconsin, United States Court of

Appeals for the Seventh Circuit, State Courts of Minnesota, Supreme Courts of Minnesota

and the United States Supreme Court.

Agribusiness


Insurance


Litigation

Premises Liability Defense


Wrongful Death

Admitted to practice in the State Courts of Wisconsin,

Supreme Court of Wisconsin, Federal Courts for the Eastern

and Western Districts of Wisconsin, United States Court of

Appeals for the Seventh Circuit, State Courts of Minnesota,

Supreme Courts of Minnesota and the United States Supreme

Court.

Practice Areas

Paul Curtiswww.axley.com/attorney/ [email protected] | 608.283.6768

EducationJ.D., University of Minnesota

B.A., University of Wisconsin-Madison

PublicationsArticles • Insurer Ordered to Pay Interest on Overdue Claim — But Not Surrender Files

• Prevent Farm Accidents and Liability

Other Presentations & Publications• Presentation: “Ag-Related Liability Issues.” Rural Mutual Insurance (2/2014)

Significant RepresentationsObtained Defense Verdict in Multimillion-Dollar Alleged “Bad Feed” ClaimObtained defense verdict for client following lengthy jury trial arising from an alleged

“bad feed” claim.

Obtained Defense Verdict in Roll-Over AccidentSuccessfully defended local Co-op at jury trial from personal injury claim arising from

roll-over accident due to alleged negligent loading of trailer

Successful Defense of Employer in Wrongful Termination ClaimSuccessfully argued case before the United States Court of Appeals for the Seventh

Circuit defending local police department from wrongful termination claim

Obtained Defense Verdict in Cow vs. Car AccidentSuccessfully defended local farmer at trial in a cow versus car accident where the car

driver and passenger sustained significant injuries

InvolvementMember, American Bar Association

Member, Association of Defense Trial Attorneys

Member, City of Verona Police and Fire Commission

Member, Civil Trial Counsel of Wisconsin


Member, Minnesota State Bar Association


– Agricultural Agribusiness section

– Litigation section

– Professionalism Committee

Vice Chairperson, Wisconsin State Bar Professionalism

Committee

Helps coordinate charitable program Toys for Tots

during the holiday season

Provides free legal advice to individuals with legal

problems through the State Bar of Wisconsin Lawyer

Hotline program

Recognition• Hotline Attorney of the Year Award, 2015 – State Bar

of Wisconsin



• Listed in “Who’s Who in American Law,” 2007 –

Present

• Avvo “Superb” Rating

Lori M. Lubinsky

Rating

Featured AttorneyAgriculture


Michael J. Modl

2014

Superb10.0

Paul D. Curtis

Lori M. Lubinsky

Rating

Featured AttorneyAgriculture


Michael J. Modl

2014

Superb10.0

Paul D. Curtis

Michael Modl is a partner in the firm, practicing with the Litigation and Labor and

Employment Practice Groups.

Mr. Modl’s litigation practice focuses on federal court litigation, primarily in the areas

of intellectual property, commercial disputes, employment, insurance defense, defense

of municipalities and schools, and defense of civil rights and constitutional claims. He

has appeared as local counsel for various regional, national and international companies

in federal court litigation in Wisconsin. He has represented municipalities, including

counties, cities and villages, as well as municipal officials and employees in state and

federal court civil rights actions. Mr. Modl has successfully defended law enforcement

officers and municipalities in claims arising out of police conduct, including claims of

use of excessive force, claims arising out of high speed chases and claims alleging illegal

searches, seizures and arrests. Mr. Modl is also experienced in class action litigation and

electronic discovery matters.

Mr. Modl has successfully represented municipalities and municipal officials in

employment related claims, including claims of employment discrimination, claims of

workplace harassment, First Amendment speech and association claims, and claims

alleging adverse employment actions without due process of law. Mr. Modl has also

represented public and private sector employers in claims alleging employment

discrimination, workplace harassment and retaliation before federal, state and local

agencies, including the United States Equal Employment Opportunity Commission, the

Wisconsin Equal Rights Division and the Madison Equal Opportunities Commission.

Mr. Modl’s litigation practice includes an active federal court practice. He has appeared

in over 200 cases before federal court judges in the United States District Court for the

Western District of Wisconsin. Mr. Modl has tried more than 30 cases to the federal court,

including patent and trademark infringement cases, federal constitutional and civil rights

cases, federal employment discrimination cases, including cases under the Americans

with Disabilities Act, the Age Discrimination in Employment Act and Title VII, defense of

prisoner litigation and defense of financial institutions in claims alleging discrimination

in making loans.

Mr. Modl’s practice also focuses on advising employers on employment and personnel

matters. He assists clients in reviewing and drafting personnel policies and employee

handbooks. Mr. Modl provides training, seminars and legal updates to clients on

developments in the law, including the areas of workplace harassment prevention and

investigation of complaints. He also advises clients on the federal and state Family and

Medical Leave Acts and Americans with Disabilities Act compliance. He has appeared on

behalf of employers before federal, state and local agencies.

Appellate Practice


Class Action

Class Action Defense


Electronic Discovery & Records Management

Employee Handbooks, Policies & Procedures



Covenants





Intellectual Property Litigation


Litigation




Wage & Hour


Admitted to practice law in the state courts of Wisconsin,

the United States Supreme Court, the United States Court of

Appeals for the Seventh Circuit and the United States District

Courts for the Eastern and Western Districts of Wisconsin.

Practice Areas

Michael Modlwww.axley.com/attorney/ michael-modl [email protected] | 608.283.6702

EducationJ.D., University of Texas

B.A., Ripon College

PublicationsArticles • Law After Death: Disinterment of Human Remains for the Journey Home

• It’s Election Time Again

Presentations• Axley 2013-2015 Year End Employment Law Update

• Full Day HR Legal Update Seminar

Other Presentations & Publications• Article: “Wisconsin Supreme Court Gives Clarification on Noncompetes, Creates

Confusion.” Wisconsin Employment Law Letter (6/2015)

• Article: “Protecting Employers and Employees: A Q&A Guide on Disease Outbreaks.”

Wisconsin Employment Law Letter (12/2014)

• Article: “Valentine’s Day: A Time for Love…Contracts.” Wisconsin Employment Law

Letter (2/2015)

• Article: “Anatomy of an Employment Lawsuit: Best HR Practices to Help You Win.”


• Article: “Constitutional Pitfalls to Avoid When Discharging a Public Employee.”


• Article: “Employee Hits FMLA Jackpot in Las Vegas.” Wisconsin Employment Law

Letter (3/2014)

InvolvementFormer editor, Wisconsin Employment Law Letter

Member, past president, Western district of Wisconsin

Bar Association


Member, Defense Research Institute


Recognition• Named the Best Lawyers® 2014 Litigation – First

Amendment “Lawyer of the Year” in Madison

• Named a top litigation – First Amendment, litigation

– intellectual property, litigation – labor and

employment, and litigation – patent lawyer in The

Best Lawyers In America

• Named to the 2005 – 2013 Wisconsin Super Lawyers

Lists, including Super Lawyers – Corporate Counsel

Edition and Super Lawyers – Business Edition

(Primary Area of Practice: Civil Litigation Defense

Law)

• Named to the 2012 and 2013 Top 25 Madison,

Wisconsin Super Lawyers Lists

• Named to the 2011 – 2013 Top 50 Wisconsin Super

Lawyers Lists

• Named to the Wisconsin Super Lawyers List in its

Business Edition (Primary Area of Practice: Business

Litigation)


Hubbell® Peer Review Ratings™ Articles

Michael J. Modl

Rating

Excellent

Featured AttorneyIntellectual Property


Michael J. Modl

2014


MICHAEL J. MODLLISTED IN

2016

Michael J. Modl

Rating

Excellent



Michael J. Modl

2014



2016

Michael J. Modl

Rating

Excellent



Michael J. Modl

2014



2016

Michael J. Modl

Rating

Excellent



Michael J. Modl

2014



2016

Bryan Whitehead is an attorney in Axley’s Litigation practice group. Growing up on the

shores of the Norfork Lake in the small town of Mountain Home, AR, Mr. Whitehead

developed a strong work ethic early in life making sandwiches in the local Subway,

which his family owns.

After graduating high school, Mr. Whitehead pursued a career in church work. His

training took him to Haifa, Israel, where he worked with junior high and high school

students of both Arab and Jewish dissent. He took his first position as a student pastor

and community center director in Marshfield, MO. Since then, he has served as a student

pastor in several locations, including Missouri, Colorado, Michigan, and New Jersey. In

that time, Mr. Whitehead organized conferences; lead trips to Asia, Central America, and

inner-city communities; and spoke at other events. Though he no longer works for a

church, he still serves in his local church in a variety of roles.

Mr. Whitehead attended Marquette University School of Law on an academic scholarship.

While in law school, he earned several awards including the CALI Excellence for the

Future Awards in Trial Advocacy, Appellate Writing and Advocacy, Legal Analysis, Writing

and Research 2, Religion and the Law, and Contracts. He was also named as a Jenkins

Honors Moot Court Competition competitor and associate editor of the Marquette Law

Review.

Mr. Whitehead believes his past church work and legal education prepared him well

for the practice of law. His experiences gave him the confidence and rhetorical skills to

stand in a courtroom and advocate on his clients behalf. His experiences also helped

him develop the compassion necessary to stand with his clients in difficult times and the

fortitude to represent his clients with both tenacity and integrity.

When he is not hard at work for his clients, Mr. Whitehead is standing over his grill and

spending time with his family, singing and playing guitar, enjoying a game of softball, or

getting his money’s worth from the golf course.

Appellate Practice






Medical Malpractice Defense





Admitted to practice in the state courts of Wisconsin.

Practice Areas

Bryan Whiteheadwww.axley.com/attorney/[email protected] | 608.283.6719

EducationJ.D., Marquette University Law School—Milwaukee, WI

M.A., Theology, Southwestern Assemblies of God

University—Waxahachie, TX

B.A., Evangel University—Springfield, MO

PublicationsArticles • The Last Word: Social Media, Defamation, and the Statute of Limitations

• Insurer Ordered to Pay Interest on Overdue Claim — But Not Surrender Files

Other Presentations & Publications• Article: “Gender Identity and Sexual Orientation Issues Changing in the Workplace”


• Article: “Expanding Wisconsin’s Approach to the Business Records Exception”

Marquette Law Review (Spring 2015)

InvolvementAssociate Editor, Marquette Law Review (2014-2015)

Recognition• Award, CALI Excellence for the Future Awards in Trial

Advocacy, Appellate Writing and Advocacy, Legal

Analysis, Writing and Research 2, Religion and the

Law, and Contracts

• Named, Jenkins Honors Moot Court Competition

competitor

Client Services

Alternative Fee ArrangementsOur attorneys understand budgeting for the costs of legal services can often be

challenging. As there is no single fee arrangement that is right for all legal matters, Axley

is committed to having a fair and reasonable arrangement for each client.

Below are examples of fee arrangements our clients frequently select:

• Agreed Upon Budget

• Blended Hourly Rates

• Contingency

• Fixed Fees

• Frequent Client Matters

• Hybrid Fee Arrangements

• Partial Contingency

• Risk-Sharing Arrangements or Fee Holdbacks

• Success Fees

• Volume Discounts

Visit www.axley.com/alternative-fee-arrangements for more information

Client ExtranetA common issue experienced when sharing documents

via email is size limitations. Since delivering files via CD

or flash drive can often slow down collaboration efforts,

the Axley extranet is available for clients free-of-charge

to facilitate large, instant file sharing.

Designed with top-of-the-line security precautions,

Axley’s extranet functions much like Dropbox, allowing

clients and attorneys the ability to upload, download,

and access files 24/7.

Visit www.axley.com/about/services/technology for more

information.

Centered on CommunicationUsing Technology to Deliver Better Legal Services

Ineffective or lack of communication can be an obstacle in any relationship, and the attor-

ney-client relationship is no exception.

At Axley, we consistently emphasize the importance of communicating in a timely and

comprehensible manner, particularly through the help of advanced technology – though

never losing the value we place on face-to-face interactions. Our attorneys are equipped

with smart phones that allow for the prompt delivery of messages, and our conference

rooms contain computers that allow for video conferencing when meeting in person is

not an option.

Lastly, our client extranet allows for the instant and secure sharing of documents and files,

facilitating timely communication and minimizing billable hours.

In sum, our attorneys make it a priority to ensure clients have a strong understanding

of the progression of their matters and the legal services they are receiving. There is no

question our attorneys won’t make an effort to answer; and no concern that is too small

to address.

Get Responses in 24 Business HoursThe influx of tablets and smart phones demonstrates our world is working at a faster

pace than ever before. Thus, our attorneys understand that – being legal professionals in

2015 – it is their responsibility to uphold proper communications practices with clients.

Our attorneys ensure a response to any inquiry submitted via email within 24 business

hours. Whether it is a short update on when to expect a more detailed reply, or the actual

reply itself, clients can be assured they will not be kept waiting. If an attorney is planning

an extended absence from the office, clients will be notified in advance and given an

alternate contact. Attorneys appearing in court will have their legal assistants monitor

emails accordingly, or will set up automatic email responses – detailing when they will

be able to fully reply to communications received.

If there is ever a time when a client has an issue reaching his or her attorney/legal assistant,

Nicole Stine (Manager of Client Relations) is always available to assist in delivering the

client a timely response. Nicole can be reached at [email protected] or 608.283.6758.

Real-Time Legal AlertsStay connected with real-time legal alerts sent right to

your email on topics that matter to you. Axley stays

current with all legal news and will supply you with up

to date legal information as it is released.

Team ApproachWith our network of attorneys you will have access to

the knowledge and experience of 50+ attorneys without

any additional fees.

Connect

Website: axley.com Email: [email protected] Email Alerts: axley.com/subscribe

Experience You Expect, Innovation You Require

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