Legal Insight =  Strategic Advantage

For many businesses, legal counsel is brought in only when something goes wrong-a dispute, a contract issue, a compliance concern that’s already escalated. While responsive legal support is important, it’s only part of the picture.

When legal insight integrated into strategic planning, it becomes a powerful growth tool. Businesses that involve legal counsel early don’t just reduce risk, they make better decisions, move faster with confidence, and gain competitive edge.

From Reactive to Strategic

Reactive legal support focuses on solving problems faster than they appear. Strategic legal counsel helps prevent those problems from arising in the first place.

When legal counsel is part of the planning conversations, businesses gain:

• Clarity around risk before commitments are made
• Stronger contracts that align with operational goals
• Compliance strategies that support-not hinder-growth
• Greater confidence when entering new markets or scaling operations

This shift allows leadership teams to evaluate opportunities with a clearer understanding of both upside and exposure.

Legal Insight Strengthens Decision-Making

Every major business decision carries legal implications, whether they’re obvious or not. Growth initiatives-such as hiring, expanding locations, launching new services, or entering new contracts-often trigger regulatory, contractual, or liability considerations.

Legal counsel helps leadership teams:

• Identify legal constraints early
• Understand which risks are manageable and which are not
• Structure deals and operations to minimize exposure
• Avoid costly revisions or disputes down the line

Informed decisions are rarely slower. In fact, they are often faster because fewer surprises emerge later.

Contracts as Strategic Tools

Contracts are not just protective documents-they are strategic instruments. Well-drafted agreements clarify expectations, allocate risk appropriately, and support long-term objectives.

When legal counsel is involved early, contracts can:

• Improve cash flow through clear payment terms
• Reduce disputes by eliminating ambiguity
• Support scalability by anticipating future growth
• Protect relationships while preserving enforcement rights

Strategic contracts create stability, allowing businesses to focus on execution rather than conflict.

Planning for Change-Not Just Compliance

Regulatory environments evolve. Employment laws change. Industry standards shift. Businesses that rely solely on compliance checklists often find themselves scrambling to adjust.

Strategic legal counsel helps businesses:

• Anticipate regulatory trends
• Build adaptable policies and processes
• Plan growth with compliance built in
• Respond to change without disruption

Instead of reacting to new rules, businesses are positioned to adapt smoothly.

Legal Counsel as a Thought Partner

The most effective legal relationships are collaborative. Legal counsel brings a different perspective-one grounded in risk assessment, precedent, and regulatory awareness-that compliment operational and financial viewpoints.

When legal counsel is included in strategic decisions, leadership teams gain:

• A sounding board for high-stakes decisions
• Practical guidance grounded in real-world outcomes
• Clear explanations of complex legal considerations
• Actionable options rather than abstract warnings

This partnership allows businesses to move forward with confidence, not hesitation.

Growth is Stronger with Legal Insight

At Wagner, Falconer & Judd, we view legal counsel as more than problem-solvers. Our goal is to support clients as they plan, grow and adapt-providing legal insight that aligns with business objectives and adds value at every stage.

When law is used as a business tool, it becomes strategic advantage.

Whether you are a U.S. citizen, lawfully present in the United States, or undocumented, you have constitutional rights when interacting with Immigration and Customs Enforcement (ICE). These protections apply to everyone, regardless of immigration status.

Understanding your rights—and preparing in advance—can make a critical difference in high-stress encounters.

Your Rights During an ICE Encounter

You Have the Right to Remain Silent

You are not required to answer questions about where you were born, your immigration status, or how you entered the country.

To protect this right, you must clearly say it out loud. You may state:

“I am exercising my right to remain silent.”

Once you say this, you can stop answering questions.

You Are Not Required to Disclose Immigration Status

You do not have to disclose your immigration status to ICE agents.

If you are not a U.S. citizen and are carrying immigration documents, you may be required to show them if requested—but you still do not have to answer questions.

You Have the Right to Refuse Consent to a Search

ICE cannot search you, your car, or your home without:

• Your consent, or

• A valid judicial warrant

If agents ask to search, you may clearly say:

“I do not consent to a search.”

If ICE Comes to Your Home

You do not have to open the door unless ICE has a judicial warrant.

You may ask agents to:

• Slide the warrant under the door, or

• Hold it up to a window

A valid warrant must:

• Be signed by a judge (not an ICE officer)

• List the correct name and address

If they do not have a judicial warrant, you may state:

“I do not consent to a search.”

You Have the Right to a Lawyer if You Are Arrested

If you are detained or arrested, you have the right to request a lawyer immediately.

Important note: In immigration cases, the government does not provide a free lawyer. However, you still have the right to consult an attorney at your own expense.

You Have the Right to Record the Interaction

You may record ICE agents as long as you do not interfere with their activities.

You also have the right to ask agents to identify themselves as ICE officers.

How to Prepare in Advance

Preparation can reduce confusion and help protect your rights during an encounter.

Consider taking these steps now:

• Practice clearly invoking your right to remain silent.

• Store photos of important documents securely on your phone (passport, immigration paperwork, driver’s license).

• Carry important phone numbers on paper in case your phone is taken or unavailable.

• Identify a trusted family member or friend who can help secure legal representation if you are detained.

Important Contacts to Keep Handy

• ACLU of Minnesota
  Phone: 651-645-4097

• Immigrant Law Center of Minnesota
  Office: 651-641-1011
  Toll-Free: 1-800-223-1368

• Minnesota U.S. Senators
  Amy Klobuchar: 202-224-3244
  Tina Smith: 202-224-5641

• Wisconsin U.S. Senators
  Tammy Baldwin: 202-224-5653
  Ron Johnson: 202-224-5323

Need Guidance or Legal Support?

If you would like additional information about your rights during encounters with ICE—or need help understanding your options—Wagner, Falconer & Judd is available to assist.

📞 Minnesota: 612-424-5500
📞 Wisconsin: 262-792-1818

Knowing your rights is a powerful first step. Preparing in advance can help ensure those rights are protected when it matters most.

If it feels like the rules keep changing faster than your business can keep up, you’re not imagining it.

New laws. Updated regulations. Revised guidance. Shifting enforcement priorities. For many employers and business owners, compliance has become a constant background stress—one that never fully goes away. This ongoing pressure has a name: compliance fatigue.

Compliance fatigue doesn’t mean businesses don’t care about following the law. It means the volume and pace of change can be overwhelming, especially when compliance is layered on top of running day-to-day operations. Left unaddressed, fatigue increases the risk of missed updates, inconsistent practices, and reactive decision-making.

The good news? Compliance doesn’t have to feel this way. With the right systems and mindset, it can become sustainable, predictable, and far less stressful.

Why Compliance Feels So Overwhelming

Most businesses don’t struggle with compliance because they lack effort. They struggle because compliance today is:

• Constantly changing – Employment, benefits, construction, licensing, and regulatory rules are rarely static.

• Spread across multiple areas – HR, payroll, management, operations, and leadership all play a role.

• Poorly translated – Laws are written for lawmakers and regulators, not for day-to-day business operations.

• Reactive by default – Many businesses only address compliance when a problem arises.

Over time, this creates a cycle of urgency and exhaustion. Everything feels important. Nothing feels fully complete.

The Cost of Compliance Fatigue

Compliance fatigue isn’t just frustrating—it’s risky.

When teams are overwhelmed, compliance often becomes:

• A “check-the-box” exercise

• Inconsistent across departments or locations

• Dependent on one or two people holding institutional knowledge

• Addressed only after an issue surfaces

This increases exposure to audits, employee complaints, disputes, and penalties—often at a much higher cost than proactive planning would have required.

Shifting the Mindset: Compliance as a System, Not a Sprint

One of the most effective ways to reduce compliance fatigue is to stop treating compliance as a series of urgent tasks and start treating it as a system.

Sustainable compliance is built around repeatable processes, clear responsibility, and regular review—not constant fire drills.

Here’s how to start.

1. Prioritize What Actually Matters

Not every regulation carries the same level of risk. Trying to treat all compliance obligations as equally urgent is a fast track to burnout.

Start by identifying:

• Which laws apply directly to your business

• Which areas carry the highest risk if handled incorrectly

• Where enforcement activity is increasing

This allows you to focus your time and resources where they will have the greatest impact.

2. Assign Clear Ownership

Compliance often fails when “everyone” is responsible—which usually means no one truly is.

Clear ownership matters. Whether it’s HR, operations, finance, or leadership, each compliance area should have:

• A designated point person

• Defined responsibilities

• A clear escalation path when questions arise

Ownership doesn’t mean handling everything alone—it means knowing who is accountable for making sure it gets addressed.

3. Build Regular Review Cycles

Many compliance issues stem from policies and practices that haven’t been reviewed in years.

Instead of waiting for change to force action, establish:

• Annual or semi-annual policy reviews

• Scheduled contract and document check-ins

• Regular updates to employee communications and training

When review becomes routine, compliance stops feeling like a surprise.

4. Translate Rules Into Practical Steps

Legal compliance shouldn’t live only in statutes or policy manuals. It needs to be translated into how work actually gets done.

Ask:

• Do managers understand how these rules affect daily decisions?

• Are policies written in clear, plain language?

• Do employees know what’s expected of them?

Clarity reduces mistakes—and confidence reduces fatigue.

5. Get Proactive Guidance

One of the biggest drivers of compliance fatigue is uncertainty. Businesses spend significant time trying to interpret rules on their own, often without knowing if they’re focusing on the right issues.

Proactive legal guidance helps:

• Filter out noise and focus on what matters

• Anticipate changes before they become problems

• Provide practical solutions tailored to your operations

Compliance is far more manageable when you’re not navigating it alone.

Compliance Should Support Your Business—Not Drain It

At Wagner, Falconer & Judd, we believe compliance should add value, not create unnecessary stress. Our role is to help clients move from reactive compliance to confident, sustainable systems that support long-term success.

If compliance feels overwhelming, that’s a signal—not a failure. With the right structure, clarity, and support, it can become just another well-managed part of doing business.

And it doesn’t have to be exhausting.

Traffic issues have a way of popping up at the worst possible time-on your way to work, during a busy season, or when life is already moving fast. The good news? LegalShield members have meaningful legal support available when motor vehicle issues arise. Here’s a clear breakdown of what’s covered and how Wagner, Falconer & Judd can help.

Moving Traffic Violations: You’re Not On Your Own

If you’re facing a moving traffic violation, LegalShield coverage goes beyond basic advice. WFJ can assist with:

• Legal advice and consultation
• Negotiation related to the violation
• Review of relevant documents
• Representation in court for covered moving traffic violations

Having an experienced attorney involved early can make a significant difference in understanding your options and protecting your record.

Suspended or Revoked Driver’s License: Help When You Need It Most

A suspended or revoked driver’s licence can quickly impact your job, health care access, and daily responsibilities. When a license is suspended or revoked by the issuing authority-and the law provides a right to appeal-WFJ will advise and represent you.

WFJ can also assist with legal efforts to reinstate or maintain your driver’s license when the suspension affects:

• Job-related driving requirements
• Medical or essential personal needs

These situations are often time-sensitive, and having guidance is key.

Motor Vehicle Property Damage: Guidance Without Litigation

If your vehicle is damaged after being struck by another motor vehicle, LegalShield provides assistance to help you pursue recovery for property damage-up to, but not including- filing a lawsuit. WFJ can help you understand your rights, review documents, and navigate next steps to seek compensation.

One Important Step: Start With the Full Picture

To get the most out of your LegalShield benefits, it’s essential to fully discuss your situation with WFJ during your initial coverage call. Sharing all relevant details helps ensure your benefits are clearly understood and properly applied-so there are no surprises or missed opportunities for support.

When traffic issues arise, clarity matters. LegalShield members don’t just get coverage-they get access to trusted legal guidance when it matters most.

Copyright can be tricky. For musicians and anyone working in the music industry, understanding how it works is crucial-especially because each song you hear actually involves two separate copyrights and often two separate licenses. Knowing this can save you headaches, protect your work, and make sure your contracts reflect your rights.

Two Copyrights in Every Song

Every song has a musical work copyright and a sound recording copyright.

• The musical work copyright covers the written composition-the music and lyrics. This is typically owned by the songwriter or sometimes administered by a music publisher under a publishing agreement. Licensing this copyright often involves mechanical licenses, performance licenses, or synchronization licenses when your song appears in film or tv.
• The sound recording copyright covers the actual recorded performance. This is often owned by the record label, and licensing it-like with a master use license-is separate from licensing the musical work.

Understanding the difference is key because both copyrights must often be cleared for uses like film, tv, or streaming. Clearing only one is not enough.

Why Two Licenses Matter

If you hear a song in a movie or on a tv show, chances are both a synchronization license and a master use license were obtained. Musicians and industry professionals need to be aware of who owns each copyright and in what percentage. When licensing your own music, or using someone else’s-failure to clear both rights can lead to legal trouble and unexpected costs.

Protecting Yourself and Your Work

Here are some practical steps musicians can take:

• Know your rights: Identify who owns the musical work and the sound recording of your songs.
• Check your contracts: Have any agreements reviewed by an attorney before signing. Understand exactly which rights you are granting.
• Plan for licensing: If your music is going to be used in media, know which licenses are required and ensure both copyrights are cleared.

Copyright law is complex, but you don’t have to navigate it alone. At Wagner, Falconer & Judd, we help musicians, songwriters, and creative professionals understand their rights, protect their work, and confidently sign contracts. Focusing on art is your job-we’ll handle the legal side.

Meet our Expert:

Paige Kochanski, attorney at Wagner, Falconer & Judd specializes in music, film, and creative content legal matters. Paige works regularly with clients on contracts, copyright, publishing, and licensing, helping musicians and creators navigate the industry with clarity and confidence

At Wagner, Falconer and Judd, we spend a lot of time helping construction professionals navigate change. Two new California laws taking effect January 1, 2026 will significantly impact how private construction projects handle claims, payments, disputes, and retention.

If you own, manage, or work on private construction projects in California, now is the time to prepare.

Let’s break it down.

The Big Picture

What’s Changing?

Beginning January 1, 2026, most private construction contracts in California will be governed by two new laws:

Civil Code 8850- Creates mandatory claim, dispute resolution, and payment timelines

Civil Code 8811- Caps retention at 5% on most private projects

Why it matters:

These laws cannot be waived, override conflicting contract terms, and carry real financial consequences for noncompliance-especially for owners.

Section 8850: New Rules for Claims, Disputes, and Payment

Who does it apply to?

Most private construction projects in California executed on or after January 1, 2026, with limited exceptions (certain residential and small mixed-use projects).

What is a “claim” under the law?

A claim includes demands for:

• Extra time (including delay relief)
• Payment for work performed
• Payment of amounts the owner disputes

Once a claim is submitted, the clock starts ticking.

The New Claim Timeline (Simplified)

1. Contractor submits a claim with reasonable supporting documentation
2. Owner has 30 days to review and respond in writing
   1. Must identify what is disputed and undisputed
3. Undisputed amounts must be paid within 60 days of the owner’s response

If the owner disputes the claim or doesn’t respond on time, the law forces the net steps.

Required Dispute Resolution Steps

If a claim isn’t resolved:

• Informal conference
  • Contractor can demand it
  • Owner must schedule it within 30 days
• Mediation (non-binding)
  • Required if disputes remain
  • Costs split evenly
  • If parties can’t agree on a mediator, the contractor chooses

Only after mediation can the dispute move to arbitration or court (as the contract allows).

The “Hammer”: What Happens if Owners Don’t Comply

Section 8850 has teeth.

Contractors Can Suspend Work

If payment is due and not made-or if the owner fails to follow the dispute process-a contractor may suspend work without penalty, after giving proper notice.

This is broader than existing prompt-payment laws and may apply even when amounts are disputed.

Interest Adds Up Fast

• Unpaid undisputed accounts accrue 2% annual interest per month (24% annually)
• Interest may apply retroactively if a disputed claim is later found valid

On large claims, this exposure can be massive.

You Can’t Contract Around It

• Any contract terms that conflict with Section 8850 are void
• Parties may agree after a claim arises to skip mediation-but no in advance

What This Means in Practice

• Owners will face strong pressure to respond quickly and pay sooner
• Contractors gain leverage-but must follow notice requirements carefully
• Subcontractor claims must be passed through in good faith

How courts interpret some of the provisions (especially interest and stop-work rights) remains an open question-but the risk is real.

Section 8811: A 5% Retention Cap on Private Projects

The Rule

For most private construction contracts entered into after January 1, 2026:

• Retention at any tier cannot exceed 5%
• Total retention over the life of the contract cannot exceed 5%

This applies to:

• Owners–>Contractors
• Contractors–> Subcontractors
• Subcontractors–> lower-tier subs

Limited Exceptions

• Certain residential projects (non-mixed use, under four stories)
• Subcontractors who fail to provide a required bond after notice

Unlike public projects, there is no exception for complex projects. 

Enforcement

If someone violates Section 8811:

• The prevailing party is entitled to reasonable attorney’s fees

That alone should get everyone’s attention.

How this Compares to Public Projects

Both laws borrow concepts from California’s public works statutes-but private projects now face:

• Higher interest penalties
• Fewer exceptions
• Greater exposure for owners
• Mandatory processes that can’t be waived in advance

In short: private projects are being regulated more like public ones-but with sharper consequences.

Action Steps:What You Should Do Now

For Owners

• Review and revise contract templates for 2026
• Train project managers on strict response and payment timelines
• Budget for faster payments and potential interest exposure
• Tighten internal claim review processes

For Contractors

• Update claim procedures and documentation standards
• Track deadlines carefully-missed steps can cost leverage
• Understand your stop-work rights (and notice requirements)
• Prepare to pass through subcontractor claims properly

For Subcontractors

• Know your rights under the new payment timelines
• Watch retention percentages closely
• Communicate claims early and in writing
• Coordinate with upstream contractors to ensure compliance

Final Takeaway

California’s new private construction laws are intended to promote timely payment and reduce disputes-but they also raise the stakes for everyone involved.

Contracts that don’t comply won’t be enforceable.

Teams that aren’t trained will be exposed.

Owners, in particular, face the greatests financial risk.

At Wagner, Falconer & Judd, we help construction professionals simplify complex rules, update contracts, and stay protected before problems arise. If your projects-or contracts-will extend into 2026, now is the time to prepare. 

Minnesota’s Paid Family & Medical Leave (PFML) program is no longer theoretical. With required employee notices already behind us, employers should be shifting their focus from planning to execution, consistency, and documentation.

If your organization completed the initial notice requirements before December 1, 2025, the following steps will help ensure you remain compliant throughout 2026.

Confirm Payroll is Working Exactly as Intended

At this stage, payroll deductions and employer contributions should already be determined. Now is the time to verify accuracy.

Double-check that:

• Employee PFML deductions are being withheld correctly each pay period
• Employer contributions match the required rate
• Contributions stop at the applicable wage cap
• Your payroll system clearly separates PFML from other deductions

Ensure Quarterly Reporting is Accurate and On Time

PFML requires ongoing reporting, not just payroll deductions.

Make sure your team has:

• Established responsibility for submitting quarterly wage detail reports
• Confirmed reporting aligns with existing unemployment insurance filings
• Calendarized quarterly payment deadlines
• A process for correcting errors quickly if discrepancies are identified

Late or inaccurate reporting can result in penalties-even if deductions were taken correctly.

Align Leave Administration with PFML Rules

Now that employees can actively use PFML benefits, internal processes must align with state administration.

Confirm your team understands:

• Employees apply for PFML benefits through the state, not the employer
• PFML runs separately from employer-paid benefits, but may run concurrently with:
  • FMLA
  • Employer PTO
  • Short-term disability (if applicable)
• Job protection requirements, including reinstatement obligations
• Health insurance continuation during PFML leave

Clear internal workflows prevent delays, inconsistent approvals, and employee frustration.

Update and Enforce Written Leave Policies

If it hasn’t been finalized already, it is critical now.

Your handbook and internal policies should:

• Reference Minnesota PFML specifically
• Clarify whether PTO must, may, or may not be used concurrently
• Outline employee responsibilities for notice and documentation

Policies should reflect what your team is actually doing in practice-not aspirational language written months ago.

Maintain Proof of Required Notices

Although the December 1, 2025 notice deadline has passed, employers should still maintain documentation.

You should retain:

• Copies of employee notices
• Acknowledgments of receipt
• Records showing notices were provided to new hires within required timelines
• Proof that workplace posters remain displayed and accessible

If questioned later, documentation-not intent-will matter.

Reevaluate Private Plan Status (If Applicable)

If your organization opted for a private plan:

• Confirm the plan remains approved and active
• Ensure benefits still meet or exceed state requirements
• Monitor renewal dates and state reporting obligations
• Communicate clearly with employees about how benefits are accessed

If you are in the state plan, ensure leadership understands there is no “opt-out” after the fact without proper approval.

Prepare for Employee Questions and Edge Cases

As PFML becomes more widely used, questions will increase.

Be prepared to address:

• Partial leave or intermittent leave scenarios
• Coordination with remote or multi-state employees
• Return-to-work timing and reinstatement issues
• Overlapping medical and family leave situations

Having clear internal guidance now will prevent reactive decision-making later.

Final Compliance Check: What Should Be True Right Now

At this point, compliant employers should be able to say:

• Payroll deductions and contributions are accurate
• Reporting deadlines are assigned and tracked
• Leave policies reflect PFML realities
• Manager know when to escalate issues
• Documentation is organized and retained
• Employees know where to apply and what to expect

Bottom Line

Minnesota’s Paid Family & Medical Leave program is now an operational requirement-not a future project. Employers who focus on accuracy, consistency, and documentation will be best positioned to avoid compliance issues while supporting employees through qualifying leave.

If you need help reviewing policies, auditing payroll setup, or navigating complex leave coordination issues, working with experienced legal and compliance professionals can help ensure nothing is overlooked as PFML continues to roll out.