Super Lawyers Recognizes 28 O’Neil Cannon Attorneys

Each year, Super Lawyers surveys the State of Wisconsin’s 15,000 attorneys and judges, seeking to recognize the State’s top attorneys. Recently, Super Lawyers published its lists for 2025, which include the Top 10 Attorneys in Wisconsin, Top 50 Attorneys in Wisconsin, Top 25 Attorneys in Milwaukee, Super Lawyers (consisting of the top 5% of attorneys in Wisconsin), and Rising Stars (consisting of attorneys who are 40 years old or younger or who have been in practice for 10 years or less).

Super Lawyers, who previously referred to the firm as “the Milwaukee mid-sized powerhouse,” recognized twenty-eight of our attorneys.

Those attorneys are the following:

  • Dino Antonopoulos:
    • Super Lawyer
  • Nick Chmurski:
    • Rising Star
  • Doug Dehler:
    • Super Lawyer
  • Jim DeJong:
    • Super Lawyer
  • Seth Dizard:
    • Top 50 Attorneys in Wisconsin
    • Top 25 Attorneys in Milwaukee
    • Super Lawyer
  • Maura Falk:
    • Rising Star
  • Pete Faust:
    • Top 50 Attorneys in Wisconsin
    • Super Lawyer
  • John Gehringer:
    • Super Lawyer
  • Joseph Gumina:
    • Super Lawyer
  • Jessica Haskell:
    • Rising Star
  • Mike Kennedy:
    • Rising Star
  • Grant Killoran:
    • Super Lawyer
    • Top 50 Attorneys in Wisconsin
    • Top 25 Attorneys in Milwaukee
  • JB Koenings:
    • Super Lawyer
  • Dean Laing:
    • Top 10 Attorneys in Wisconsin
    • Top 50 Attorneys in Wisconsin
    • Top 25 Attorneys in Milwaukee
    • Super Lawyer
  • Trevor Lippman:
    • Rising Star
  • Greg Lyons:
    • Super Lawyer
  • Patrick McBride:
    • Super Lawyer
  • Jason Meehan:
    • Rising Star
  • Joe Newbold:
    • Super Lawyer
  • Erica Reib:
    • Rising Star
  • Chad Richter:
    • Super Lawyer
  • Ryan Riebe:
    • Rising Star
  • John Schreiber:
    • Super Lawyer
  • Jason Scoby:
    • Super Lawyer
  • Steve Slawinski:
    • Super Lawyer
  • Kelly Spott:
    • Rising Star
  • Christa Wittenberg:
    • Rising Star

Super Lawyers is a national rating service that rates attorneys in all 50 states. The selection process utilized by Super Lawyers is multi-phased and includes independent research, peer nominations, and peer evaluations. One court recently had this to say about Super Lawyers:

“[T]he selection procedures employed by [Super Lawyers] are very sophisticated, comprehensive, and complex.  It is abundantly clear . . . that [Super Lawyers does] not permit a lawyer to buy one’s way onto the list, nor is there any requirement for the purchase of any product for inclusion in the lists or any quid pro quo of any kind or nature associated with the evaluation and listing of an attorney or in the subsequent advertising of one’s inclusion in the lists.”

We are proud to be one of the few firms in Wisconsin with more than 50% of its attorneys recognized by Super Lawyers.


18 O’Neil Cannon Lawyers Selected as 2026 Best Lawyers; Another 5 Named Best Lawyers: Ones to Watch

We are pleased to announce 18 of our lawyers have been included in the 2026 Edition of The Best Lawyers in America, and an additional five have been selected as 2026 Best Lawyers: Ones to Watch.

The following are the O’Neil Cannon lawyers named to the 2026 lists:

Best Lawyers in America

  • Doug Dehler – Litigation – Insurance
  • Jim DeJong – Corporate Law, Mergers and Acquisitions Law, and Securities / Capital Markets Law
  • Seth Dizard – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Litigation – Bankruptcy
  • Pete Faust – Corporate Law and Mergers and Acquisitions Law
  • John Gehringer – Commercial Litigation, Construction Law, Corporate Law, and Real Estate Law
  • Joseph Gumina – Employment Law – Management and Litigation – Labor and Employment
  • Dennis Hollman – Corporate Law and Trusts and Estates
  • Grant Killoran – Commercial Litigation and Litigation – Health Care
  • JB Koenings – Corporate Law
  • Kelly Kuglitsch – Employee Benefits (ERISA) Law and Employment Law – Management
  • Dean Laing – Commercial Litigation, Personal Injury Litigation – Plaintiffs, and Product Liability Litigation – Defendants
  • Greg Lyons – Commercial Litigation and Litigation – Insurance
  • Patrick McBride – Commercial Litigation
  • Joe Newbold – Commercial Litigation, Litigation – Real Estate, and Personal Injury Litigation – Plaintiffs
  • Chad Richter – Business Organizations (including LLCs and Partnerships) and Corporate Law
  • John Schreiber – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Litigation – Bankruptcy
  • Jason Scoby – Banking and Finance Law, Business Organizations (including LLCs and Partnerships), and Corporate Law
  • Steve Slawinski – Construction Law

Best Lawyers: Ones to Watch

  • Maura Falk – Trusts and Estates
  • Trevor Lippman – Litigation – Trusts and Estates
  • Kelly Spott – Trusts and Estate
  • Christa Wittenberg – Commercial Litigation

About Best Lawyers

Best Lawyers has published its list for over three decades, earning the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals.

Best Lawyers: Ones to Watch recognizes associates and other lawyers who are earlier in their careers for their outstanding professional excellence in private practice in the United States.

Lawyers on The Best Lawyers in America and Best Lawyers: Ones to Watch lists are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise, and they undergo an authentication process to make sure they are in current practice and in good standing.


Super Lawyers Recognizes 30 O’Neil Cannon Attorneys

Each year, Super Lawyers surveys the State of Wisconsin’s 15,000 attorneys and judges, seeking the State’s top attorneys. Recently, Super Lawyers published its lists for 2024, which include the Top 10 Attorneys in Wisconsin, Top 50 Attorneys in Wisconsin, Top 25 Attorneys in Milwaukee, Super Lawyers (consisting of the top 5% of attorneys in Wisconsin), and Rising Stars (consisting of attorneys who are 40 years old or younger or who have been in practice for 10 years or less).

Thirty of our attorneys were recognized by Super Lawyers, which has referred to the firm as “the Milwaukee mid-sized powerhouse.” Those attorneys are the following:

  • Emily Behn:
    • Rising Star
  • Nick Chmurski:
    • Rising Star
  • Doug Dehler:
    • Super Lawyer
  • Jim DeJong:
    • Super Lawyer
  • Seth Dizard:
    • Top 50 Attorneys in Wisconsin
    • Top 25 Attorneys in Milwaukee
    • Super Lawyer
  • Pete Faust:
    • Top 50 Attorneys in Wisconsin
    • Top 25 Attorneys in Milwaukee
    • Super Lawyer
  • John Gehringer:
    • Super Lawyer
  • Joseph Gumina:
    • Super Lawyer
  • Jessica Haskell:
    • Rising Star
  • Mike Kennedy:
    • Rising Star
  • Grant Killoran:
    • Super Lawyer
  • Dean Laing:
    • Top 10 Attorneys in Wisconsin
    • Top 50 Attorneys in Wisconsin
    • Top 25 Attorneys in Milwaukee
    • Super Lawyer
  • Trevor Lippman:
    • Rising Star
  • Greg Lyons:
    • Super Lawyer
  • Patrick McBride:
    • Super Lawyer
  • Jason Meehan:
    • Rising Star
  • Britany Morrison:
    • Rising Star
  • Joe Newbold:
    • Super Lawyer
  • Erica Reib:
    • Rising Star
  • Chad Richter:
    • Super Lawyer
  • Ryan Riebe:
    • Rising Star
  • John Schreiber:
    • Super Lawyer
  • Jason Scoby:
    • Super Lawyer
  • Steve Slawinski:
    • Super Lawyer
  • Kelly Spott:
    • Rising Star
  • Christa Wittenberg:
    • Rising Star

Super Lawyers is a national rating service that rates attorneys in all 50 states. The selection process utilized by Super Lawyers is multi-phased and includes independent research, peer nominations, and peer evaluations. One court recently had this to say about Super Lawyers:

“[T]he selection procedures employed by [Super Lawyers] are very sophisticated, comprehensive, and complex.  It is abundantly clear . . . that [Super Lawyers does] not permit a lawyer to buy one’s way onto the list, nor is there any requirement for the purchase of any product for inclusion in the lists or any quid pro quo of any kind or nature associated with the evaluation and listing of an attorney or in the subsequent advertising of one’s inclusion in the lists.”

We are proud to be one of the few firms in Wisconsin that had more than 50% of its attorneys receive recognition by Super Lawyers.


20 O’Neil Cannon Lawyers Selected as 2025 Best Lawyers; Another 5 Named Best Lawyers: Ones to Watch

We are pleased to announce 20 of our lawyers have been included in the 2025 Edition of The Best Lawyers in America, and an additional five have been selected as 2025 Best Lawyers: Ones to Watch.

The following are the O’Neil Cannon lawyers named to the 2025 lists:

Best Lawyers in America

  • Doug Dehler – Litigation – Insurance
  • Jim DeJong – Corporate Law, Mergers and Acquisitions Law, and Securities / Capital Markets Law
  • Seth Dizard – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Litigation – Bankruptcy
  • Pete Faust – Corporate Law and Mergers and Acquisitions Law
  • John Gehringer – Commercial Litigation, Construction Law, Corporate Law, and Real Estate Law
  • Joseph Gumina – Employment Law – Management and Litigation – Labor and Employment
  • Dennis Hollman – Corporate Law and Trusts and Estates
  • Grant Killoran – Commercial Litigation and Litigation – Health Care
  • JB Koenings – Corporate Law
  • Kelly Kuglitsch – Employment Law – Management
  • Dean Laing – Commercial Litigation, Personal Injury Litigation – Plaintiffs, and Product Liability Litigation – Defendants
  • Greg Lyons – Commercial Litigation and Litigation – Insurance
  • Patrick McBride – Commercial Litigation
  • Joe Newbold – Commercial Litigation, Litigation – Real Estate, and Personal Injury Litigation – Plaintiffs
  • Chad Richter – Business Organizations (including LLCs and Partnerships) and Corporate Law
  • John Schreiber – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Litigation – Bankruptcy
  • Jason Scoby – Banking and Finance Law, Business Organizations (including LLCs and Partnerships), and Corporate Law
  • Steve Slawinski – Construction Law

Best Lawyers: Ones to Watch

  • Emily Behn – Commercial Litigation
  • Trevor Lippman – Litigation – Trusts and Estates
  • Erica Reib – Labor and Employment Law – Management and Litigation – Labor and Employment
  • Kelly Spott – Trusts and Estates
  • Christa Wittenberg – Commercial Litigation

About Best Lawyers

Best Lawyers has published their list for over three decades, earning the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals.

Best Lawyers: Ones to Watch recognizes associates and other lawyers who are earlier in their careers for their outstanding professional excellence in private practice in the United States.

Lawyers on The Best Lawyers in America and Best Lawyers: Ones to Watch lists are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise, and they undergo an authentication process to make sure they are in current practice and in good standing.


Super Lawyers Recognizes 28 O’Neil Cannon Attorneys

Each year, Super Lawyers surveys the State of Wisconsin’s 15,000 attorneys and judges, seeking the State’s top attorneys. Recently, Super Lawyers published its lists for 2023, which include the Top 10 Attorneys in Wisconsin, Top 50 Attorneys in Wisconsin, Top 25 Attorneys in Milwaukee, Super Lawyers (consisting of the top 5% of attorneys in Wisconsin), and Rising Stars (consisting of attorneys who are 40 years old or younger or who have been in practice for 10 years or less).

Twenty-nine of our attorneys were recognized by Super Lawyers, which has referred to the firm as “the Milwaukee mid-sized powerhouse.” Those attorneys are the following:

  • Nick Chmurski:
    • Rising Star
  • Doug Dehler:
    • Super Lawyer
  • Jim DeJong:
    • Super Lawyer
  • Seth Dizard:
    • Top 50 Attorneys in Wisconsin
    • Top 25 Attorneys in Milwaukee
    • Super Lawyer
  • Pete Faust:
    • Super Lawyer
  • John Gehringer:
    • Super Lawyer
  • Joseph Gumina:
    • Super Lawyer
  • Jessica Haskell:
    • Rising Star
  • Mike Kennedy:
    • Rising Star
  • Grant Killoran:
    • Super Lawyer
  • Dean Laing:
    • Top 10 Attorneys in Wisconsin
    • Top 50 Attorneys in Wisconsin
    • Top 25 Attorneys in Milwaukee
    • Super Lawyer
  • Trevor Lippman:
    • Rising Star
  • Greg Lyons:
    • Super Lawyer
  • Patrick McBride:
    • Super Lawyer
  • Britany Morrison:
    • Rising Star
  • Joe Newbold:
    • Super Lawyer
  • Erica Reib:
    • Rising Star
  • Chad Richter:
    • Super Lawyer
  • Ryan Riebe
    • Rising Star
  • John Schreiber:
    • Super Lawyer
  • Jason Scoby:
    • Super Lawyer
  • Steve Slawinski:
    • Super Lawyer
  • Kelly Spott:
    • Rising Star
  • Christa Wittenberg:
    • Rising Star

Super Lawyers is a national rating service that rates attorneys in all 50 states. The selection process utilized by Super Lawyers is multi-phased and includes independent research, peer nominations, and peer evaluations. One court recently had this to say about Super Lawyers:

“[T]he selection procedures employed by [Super Lawyers] are very sophisticated, comprehensive and complex.  It is abundantly clear . . . that [Super Lawyers does] not permit a lawyer to buy one’s way onto the list, nor is there any requirement for the purchase of any product for inclusion in the lists or any quid pro quo of any kind or nature associated with the evaluation and listing of an attorney or in the subsequent advertising of one’s inclusion in the lists.”

We are proud to be one of the few firms in Wisconsin that had more than 50% of its attorneys receive recognition by Super Lawyers.

 


19 O’Neil Cannon Lawyers Selected as 2024 Best Lawyers; Another 4 Named Best Lawyers: Ones to Watch

We are pleased to announce 19 of our lawyers have been included in the 2024 Edition of The Best Lawyers in America, and an additional four have been selected as 2024 Best Lawyers: Ones to Watch.

The following are the O’Neil Cannon lawyers named to the 2024 lists:

Best Lawyers in America

  • Douglas P. Dehler – Litigation – Insurance
  • James G. DeJong – Corporate Law, Mergers and Acquisitions Law, and Securities / Capital Markets Law
  • Seth E. Dizard – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Litigation – Bankruptcy
  • Peter J. Faust – Corporate Law and Mergers and Acquisitions Law
  • John G. Gehringer – Commercial Litigation, Construction Law, Corporate Law, and Real Estate Law
  • Joseph E. Gumina – Employment Law – Management and Litigation – Labor and Employment
  • Dennis W. Hollman – Corporate Law and Trusts and Estates
  • Grant C. Killoran – Commercial Litigation and Litigation – Health Care
  • JB Koenings – Corporate Law
  • Dean P. Laing – Commercial Litigation, Personal Injury Litigation – Plaintiffs, and Product Liability Litigation – Defendants
  • Gregory W. Lyons – Commercial Litigation and Litigation – Insurance
  • Patrick G. McBride – Commercial Litigation
  • Joseph D. Newbold – Commercial Litigation
  • Chad J. Richter – Business Organizations (including LLCs and Partnerships) and Corporate Law
  • John R. Schreiber – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Litigation – Bankruptcy
  • Jason R. Scoby – Corporate Law
  • Steven J. Slawinski – Construction Law

Best Lawyers: Ones to Watch

  • Trevor C. Lippman – Litigation – Trusts and Estates
  • Erica N. Reib – Labor and Employment Law – Management and Litigation – Labor and Employment
  • Kelly M. Spott – Trusts and Estates
  • Christa D. Wittenberg – Commercial Litigation

About Best Lawyers

Best Lawyers has published their list for over three decades, earning the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals.

Best Lawyers: Ones to Watch recognizes associates and other lawyers who are earlier in their careers for their outstanding professional excellence in private practice in the United States.

Lawyers on The Best Lawyers in America and Best Lawyers: Ones to Watch lists are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise, and they undergo an authentication process to make sure they are in current practice and in good standing.


Super Lawyers Recognizes 25 O’Neil Cannon Attorneys

Each year, Super Lawyers surveys the State of Wisconsin’s 15,000 attorneys and judges, seeking the State’s top attorneys. Recently, Super Lawyers published its lists for 2022, which include the Top 10 Attorneys in Wisconsin, Top 50 Attorneys in Wisconsin, Top 25 Attorneys in Milwaukee, Super Lawyers (consisting of the top 5% of attorneys in Wisconsin), and Rising Stars (consisting of attorneys who are 40 years old or younger or who have been in practice for 10 years or less).

Twenty-five of our attorneys were recognized by Super Lawyers, which has referred to the firm as “the Milwaukee mid-sized powerhouse.” Those attorneys are the following:

  • Nicholas G. Chmurski:
    • Rising Stars
  • Douglas P. Dehler:
    • Super Lawyer
  • James G. DeJong:
    • Super Lawyer
  • Seth E. Dizard:
    • Top 50 Attorneys in Wisconsin
    • Top 25 Attorneys in Milwaukee
    • Super Lawyer
  • Peter J. Faust:
    • Super Lawyer
  • John G. Gehringer:
    • Super Lawyer
  • Joseph E. Gumina:
    • Super Lawyer
  • Jessica K. Haskell:
    • Rising Stars
  • Grant C. Killoran:
    • Super Lawyer
  • Dean P. Laing:
    • Top 10 Attorneys in Wisconsin
    • Top 50 Attorneys in Wisconsin
    • Top 25 Attorneys in Milwaukee
    • Super Lawyer
  • Trevor C. Lippman:
    • Rising Stars
  • Gregory W. Lyons:
    • Super Lawyer
  • Patrick G. McBride:
    • Super Lawyer
  • Britany E. Morrison:
    • Rising Stars
  • Joseph D. Newbold:
    • Super Lawyer
  • Erica N. Reib:
    • Rising Stars
  • Chad J. Richter:
    • Super Lawyer
  • John R. Schreiber:
    • Super Lawyer
  • Jason R. Scoby:
    • Super Lawyer
  • Steven J. Slawinski:
    • Super Lawyer
  • Kelly M. Spott:
    • Rising Stars
  • Christa D. Wittenberg:
    • Rising Stars

Super Lawyers is a national rating service that rates attorneys in all 50 states. The selection process utilized by Super Lawyers is multi-phased and includes independent research, peer nominations, and peer evaluations. One court recently had this to say about Super Lawyers:

“[T]he selection procedures employed by [Super Lawyers] are very sophisticated, comprehensive and complex.  It is abundantly clear . . . that [Super Lawyers does] not permit a lawyer to buy one’s way onto the list, nor is there any requirement for the purchase of any product for inclusion in the lists or any quid pro quo of any kind or nature associated with the evaluation and listing of an attorney or in the subsequent advertising of one’s inclusion in the lists.”

We are proud to be one of the few firms in Wisconsin that had more than 50% of its attorneys receive recognition by Super Lawyers.


19 OCHDL Lawyers Selected as 2023 Best Lawyers®; Another 4 Named Best Lawyers: Ones to Watch

We are pleased to announce 19 of our lawyers have been included in the 2023 Edition of The Best Lawyers in America, and an additional four have been selected as 2023 Best Lawyers: Ones to Watch.

The following are the O’Neil, Cannon, Hollman, DeJong and Laing lawyers named to the 2023 lists:

Best Lawyers in America

  • Douglas P. Dehler – Litigation – Insurance
  • James G. DeJong – Corporate Law, Mergers and Acquisitions Law, and Securities / Capital Markets Law
  • Seth E. Dizard – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Litigation – Bankruptcy
  • Peter J. Faust – Corporate Law and Mergers and Acquisitions Law
  • John G. Gehringer – Commercial Litigation, Construction Law, Corporate Law, and Real Estate Law
  • Joseph E. Gumina – Employment Law – Management and Litigation – Labor and Employment
  • Dennis W. Hollman – Corporate Law and Trusts and Estates
  • Grant C. Killoran – Commercial Litigation and Litigation – Health Care
  • JB Koenings – Corporate Law
  • Dean P. Laing – Commercial Litigation, Personal Injury Litigation – Plaintiffs, and Product Liability Litigation – Defendants
  • Gregory W. Lyons – Commercial Litigation and Litigation – Insurance
  • Patrick G. McBride – Commercial Litigation
  • Joseph D. Newbold – Commercial Litigation
  • Chad J. Richter – Business Organizations (including LLCs and Partnerships) and Corporate Law
  • John R. Schreiber – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Litigation – Bankruptcy
  • Jason R. Scoby – Corporate Law
  • Steven J. Slawinski – Construction Law

Best Lawyers: Ones to Watch

  • Trevor C. Lippman – Litigation – Trusts and Estates
  • Erica N. Reib – Labor and Employment Law – Management and Litigation – Labor and Employment
  • Kelly M. Spott – Trusts and Estates
  • Christa D. Wittenberg – Commercial Litigation

About Best Lawyers

Best Lawyers has published their list for over three decades, earning the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals.

Best Lawyers: Ones to Watch recognizes associates and other lawyers who are earlier in their careers for their outstanding professional excellence in private practice in the United States.

Lawyers on The Best Lawyers in America and Best Lawyers: Ones to Watch lists are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise, and they undergo an authentication process to make sure they are in current practice and in good standing.


19 OCHDL Lawyers Selected as 2022 Best Lawyers®; Another 5 Named Best Lawyers: Ones to Watch

We are pleased to announce 19 of our lawyers have been included in the 2022 Edition of The Best Lawyers in America, and an additional five have been selected as 2022 Best Lawyers: Ones to Watch.

The following are the O’Neil, Cannon, Hollman, DeJong and Laing lawyers named to the 2022 lists:

Best Lawyers in America

  • Douglas P. Dehler – Litigation – Insurance
  • James G. DeJong – Corporate Law, Mergers and Acquisitions Law, and Securities / Capital Markets Law
  • Seth E. Dizard – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Litigation – Bankruptcy
  • Peter J. Faust – Corporate Law and Mergers and Acquisitions Law
  • John G. Gehringer – Commercial Litigation, Construction Law, Corporate Law, and Real Estate Law
  • Joseph E. Gumina – Employment Law – Management and Litigation – Labor and Employment
  • Dennis W. Hollman – Corporate Law and Trusts and Estates
  • Grant C. Killoran – Commercial Litigation and Litigation – Health Care
  • JB Koenings – Corporate Law
  • Dean P. Laing – Commercial Litigation, Personal Injury Litigation – Plaintiffs, and Product Liability Litigation – Defendants
  • Gregory W. Lyons – Commercial Litigation and Litigation – Insurance
  • Patrick G. McBride – Commercial Litigation
  • Joseph D. Newbold – Commercial Litigation
  • Chad J. Richter – Business Organizations (including LLCs and Partnerships) and Corporate Law
  • John R. Schreiber – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Litigation – Bankruptcy
  • Jason R. Scoby – Corporate Law
  • Steven J. Slawinski – Construction Law

Best Lawyers: Ones to Watch

  • Trevor C. Lippman – Litigation – Trusts and Estates
  • Erica N. Reib – Labor and Employment Law – Management and Litigation – Labor and Employment
  • Kelly M. Spott – Trusts and Estates
  • Christa D. Wittenberg – Commercial Litigation

About Best Lawyers

Best Lawyers has published their list for over three decades, earning the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals.

Best Lawyers: Ones to Watch recognizes associates and other lawyers who are earlier in their careers for their outstanding professional excellence in private practice in the United States.

Lawyers on The Best Lawyers in America and Best Lawyers: Ones to Watch lists are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise, and they undergo an authentication process to make sure they are in current practice and in good standing.


Wisconsin Landlord Subjected to Tenancy in Jail

In a published opinion, the Wisconsin Court of Appeals confirmed that landlords who fail to provide timely statements explaining the basis for withholding funds from a residential tenant’s security deposit may be subject to criminal prosecution and potential jail time.

In State of Wisconsin v. Lasecki, 2020 WI App 36, the Wisconsin Court of Appeals affirmed a circuit court judgment convicting Lasecki, a landlord, of two misdemeanor counts of engaging in unfair trade practices for failing to either return his tenants’ security deposits in full or provide statements to the tenants explaining why he was authorized to withhold funds.

Generally, the Wisconsin Statutes allow a landlord to withhold from a tenant’s security deposit amounts reasonably necessary to pay for certain authorized categories of costs or damages. A landlord that withholds such amounts from a security deposit is required to deliver to the tenant any remaining balance in the security deposit within 21 days.

Although the Wisconsin Statutes make no mention of any further requirement on the part of a landlord who elects to withhold amounts from a security deposit, the Wisconsin Administrative Code applicable to residential tenancies requires landlords that withhold any portion of a security deposit to deliver to the tenant a written statement accounting for all amounts withheld.

Lasecki’s troubles began when his tenants filed a complaint with the Wisconsin Department of Agriculture, Trade and Consumer Protection (ATCP) alleging that Lasecki withheld their security deposits but failed to provide them with a statement accounting for the withholding. After Lasecki failed to cooperate with ATCP’s investigation into the tenants’ complaint, the local district attorney’s office became involved, eventually charging Lasecki for his failure to comply with the provisions of the Wisconsin Statutes and Administrative Code pertaining to the return of tenant security deposits.

A jury eventually found Lasecki guilty of the criminal charges brought by the district attorney. The circuit court thereafter awarded the tenants double their respective security deposits (as allowed by statute) and ordered Lasecki to a stayed sentence of 60 days in the county jail—14 days of which Lasecki served.

Lasecki appealed the jury verdict and order of the circuit court claiming that the circuit court lacked jurisdiction because the crimes of which Lasecki was convicted were “not known to law” and that no ordinary person would have sufficient notice that such conduct was criminal.

The Wisconsin Court of Appeals rejected Lasecki’s arguments and instead affirmed his conviction, finding that the following framework within the Wisconsin Statutes and Administrative Code does provide notice that would enable an individual like Lasecki to know that his conduct was criminal in nature:

  • Section 704.28 of the Wisconsin Statutes allows a landlord to withhold from a tenant’s security deposit amounts reasonably necessary to pay for certain categories of authorized costs. This same section instructs landlords to deliver the full amount of any security deposit paid by tenant, less any authorized withholdings, within 21 days.
  • While section 704.28 of the Wisconsin Statutes makes no mention of any requirement that a landlord provide a withholding statement to tenants, section ATCP 134.06(4)(a) of the Wisconsin Administrative Code provides that “[i]f any portion of a security deposit is withheld by a landlord, the landlord shall . . . deliver or mail to the tenant a written statement accounting for all amounts withheld.”
  • Section ATCP 134.01 of the Wisconsin Administration Code, entitled “Scope and Application,” provides that chapter ATCP 134 “is adopted under authority of [Wis. Stat. §] 100.20.
  • Accordingly, pursuant to section 100.26(3) of the Wisconsin Statutes, any person who intentionally refuses, neglects or fails to obey a regulation or order made or issued under section 100.20, shall, for each offense, be fined not more than $5,000 and imprisoned in the county jail for not more than one year.

After providing the above roadmap of how a landlord arrives at criminal liability for failing to provide a residential tenant with a security deposit withholding statement, the court of appeals’ decision opines that an ordinary and reasonably prudent landlord would commonly consult with Chapter 704 of the Wisconsin Statutes (the landlord/tenant law chapter) and would also appreciate the need to understand landlord/tenant regulations set forth by the Wisconsin Administrative Code. The statutory and regulatory framework contained therein is, as the court put it, not beyond the comprehension of an ordinary landlord. As such, Lasecki had sufficient notice that his conduct could constitute a crime under Wisconsin law and the circuit court’s verdict and order was affirmed.

The author of this article knows of no other instance in which a Wisconsin residential landlord has been criminally charged for failing to provide a security deposit withholding statement to a tenant. While most violations of this administrative code requirement are dealt with in civil proceedings, the court of appeals confirmed that such violations may also lead to criminal charges. Here, charges may ultimately have been brought against Lasecki in response to his failure to cooperate with the state’s investigation into the consumer complaint filed by his tenants; however, the court’s decision should impress upon all residential landlords in Wisconsin the importance of providing tenants with a statement of all amounts withheld from their security deposit.