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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
Insurance Claims & Defense
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/lori-lubinskyllubinsky@axley.com | 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
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
Featured AttorneyEmployment
Litigation - First Amendment—Madison
Michael J. Modl
2014
LINKING LAWYERS AND CLIENTS WORLDWIDE
LORI M. LUBINSKYLISTED IN
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
Civil Rights & Constitutional Issues
Commercial Litigation
Employee Hiring, Discipline & Discharge
Employment Contracts & Restrictive
Covenants
Employment Discrimination
Employment Litigation
Federal Court Litigation
Insurance Claims & Defense
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
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/lori-lubinskyllubinsky@axley.com | 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
Commercial Litigation
Construction Business Issues
Custody, Placement and Child Support
Divorce, Annulment or Legal Separation
Family Law
Grandparent/Third-Party Visitation
Insurance
Insurance Claims & Defense
Litigation
Marital Property Agreement/Prenuptial
Motorcycle & Other Vehicle Accidents
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/art-kurtzakurtz@axley.com | 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
Member, Dane County Bar Association
Member, State Bar of Wisconsin
Recognition• AV Preeminent® Peer Review Rated by Martindale-
Hubbell® Peer Review Ratings™
• Named a top Insurance Law attorney by The Best
Lawyers In America©
Lori M. Lubinsky
Litigation - First Amendment—Madison
Michael J. Modl
2014
Art E. Kurtz
LINKING LAWYERS AND CLIENTS WORLDWIDE
ART E. KURTZLISTED IN
2016
Lori M. Lubinsky
Litigation - First Amendment—Madison
Michael J. Modl
2014
Art E. Kurtz
LINKING LAWYERS AND CLIENTS WORLDWIDE
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
Commercial Litigation
Insurance
Insurance Claims & Defense
Litigation
Premises Liability Defense
Products 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/ paul-curtispcurtis@axley.com | 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, Dane County Bar Association
Member, Minnesota State Bar Association
Member, State Bar of Wisconsin
– 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
• AV Preeminent® Peer Review Rated by Martindale-
Hubbell® Peer Review Ratings™
• Listed in “Who’s Who in American Law,” 2007 –
Present
• Avvo “Superb” Rating
Lori M. Lubinsky
Rating
Featured AttorneyAgriculture
Litigation - First Amendment—Madison
Michael J. Modl
2014
Superb10.0
Paul D. Curtis
Lori M. Lubinsky
Rating
Featured AttorneyAgriculture
Litigation - First Amendment—Madison
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
Civil Rights & Constitutional Issues
Class Action
Class Action Defense
Commercial Litigation
Electronic Discovery & Records Management
Employee Handbooks, Policies & Procedures
Employee Hiring, Discipline & Discharge
Employment Contracts & Restrictive
Covenants
Employment Discrimination
Employment Litigation
Federal Court Litigation
Insurance Claims & Defense
Intellectual Property Litigation
Labor and Employment
Litigation
Municipal & Local Government
Representation of Public Sector Employers
State & Federal Family Medical Leave Acts
Wage & Hour
Workplace Harassment
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 mmodl@axley.com | 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.”
Wisconsin Employment Law Letter (10/2014)
• Article: “Constitutional Pitfalls to Avoid When Discharging a Public Employee.”
Wisconsin Employment Law Letter (5/2014)
• 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, Dane County Bar Association
Member, Defense Research Institute
Member, State Bar of Wisconsin
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)
• AV Preeminent® Peer Review Rated by Martindale-
Hubbell® Peer Review Ratings™ Articles
Michael J. Modl
Rating
Excellent
Featured AttorneyIntellectual Property
Litigation - First Amendment—Madison
Michael J. Modl
2014
LINKING LAWYERS AND CLIENTS WORLDWIDE
MICHAEL J. MODLLISTED IN
2016
Michael J. Modl
Rating
Excellent
Featured AttorneyIntellectual Property
Litigation - First Amendment—Madison
Michael J. Modl
2014
LINKING LAWYERS AND CLIENTS WORLDWIDE
MICHAEL J. MODLLISTED IN
2016
Michael J. Modl
Rating
Excellent
Featured AttorneyIntellectual Property
Litigation - First Amendment—Madison
Michael J. Modl
2014
LINKING LAWYERS AND CLIENTS WORLDWIDE
MICHAEL J. MODLLISTED IN
2016
Michael J. Modl
Rating
Excellent
Featured AttorneyIntellectual Property
Litigation - First Amendment—Madison
Michael J. Modl
2014
LINKING LAWYERS AND CLIENTS WORLDWIDE
MICHAEL J. MODLLISTED IN
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
Civil Rights & Constitutional Issues
Commercial Litigation
Employment Litigation
Federal Court Litigation
Insurance Claims & Defense
Medical Malpractice Defense
Municipal & Local Government
Municipal and School
Products Liability Defense
Professional Liability Defense
Admitted to practice in the state courts of Wisconsin.
Practice Areas
Bryan Whiteheadwww.axley.com/attorney/bryan-whiteheadbwhitehead@axley.com | 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”
Wisconsin Employment Law Letter (10/2015)
• 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 nstine@axley.com or 608.283.6758.
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