Category: Member News
Learn who’s growing, changing, moving and more! Stay on top of what’s new with your neighboring businesses. We share news releases and announcements from your peers in the Madison area. Want to toot your own horn? Use our Submit Member News form to share your own stories.
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Expected to die, John O’Leary now teaches others how to truly live
Contact: Sherry Herwig, 608-441-7347, sherry.herwig@uwfbc.org
Expected to die, John O’Leary now teaches others how to truly live
Hosted by the Wisconsin School of Business Family Business Center, May 9
MADISON, Wis. – Hear the inspiring story of acclaimed speaker and bestselling author John O’Leary, who was given just a 1% chance to live after burning 100% of his body at nine years old. John’s story reminds audiences of the significance of daily attitudes, the power of gratitude, and the impact of serving others with courage.
How One Attitude, One Action, and One Person Can Change the World will take place Thurs., May 9 at the Fluno Center Auditorium from 3 – 5 p.m. The Wisconsin School of Business Family Business Center will be hosting this unique and life-changing program.
John’s story doesn’t focus on his own life. It centers on the heroes who served him and his family during their hardest times, including a Hall of Fame sports announcer and a visionary burn nurse, and how one person can make a profound impact on another’s life.
This program is open to the general public. Anyone who is seeking inspiration and motivation in their life both personally and professionally is encouraged to attend. Registration information can be found on the Wisconsin School of Business Center for Professional & Executive Development website uwcped.org or by going to go.wisc.edu/oleary.
A networking opportunity, along with refreshments, will take place prior to the program beginning at 2:30 p.m. Ticket prices are $89 for the general public and seats are limited.
About the Wisconsin School of Business Family Business Center
The Wisconsin School of Business Family Business Center provides family-owned businesses with an opportunity to address their unique challenges through world-class presentations, insightful educational forums, and diverse peer-learning groups. Its greater aim is to help members’ businesses and families succeed for current and future generations.
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Dr. Timothy Flaherty retires from WPS Health Solutions Board; Kristine Euclide is elected new Chair
FOR IMMEDIATE RELEASE
Contact:
Tom Enwright
(608) 977-7165
Dr. Timothy Flaherty retires from WPS Health Solutions Board; Kristine Euclide is elected new Chair
MADISON, Wis.—April 3, 2019— Dr. Timothy Flaherty retired from the Board of Directors of WPS Health Solutions on March 28 after 18 years of service, including 10 years as the Board Chair.
At his final Board meeting, Dr. Flaherty was thanked for his dedicated service. A Certificate of Appreciation presented by President and CEO Mike Hamerlik, on behalf of the Board, reads, in part:
“Dr. Flaherty has tirelessly given his time, wise counsel, outstanding leadership and unwavering support in guiding WPS through many successes and challenges. His calm demeanor, professional expertise, and friendship will be missed. Thank you for your dedicated service to WPS, our employees and our customers!”
Kristine Euclide was elected as the new Board Chair. Euclide was elected to the Board in 2007. Most recently, she was Chair of the Audit and Compliance Committee, while also serving on the Executive Committee and the Human Resources and Compensation Committee.
She has more than 40 years of legal experience, focusing on energy, regulatory, government, environmental, and employment law matters. She retired in 2016 from Madison Gas and Electric Company after 15 years of service. She was Senior Vice President and General Counsel, and, later, Strategic Projects Assistant to the Chief Executive Officer. She was also a director of the MGE Foundation. Previously in her career, she was a senior partner with the Madison office of Stafford Rosenbaum, LLP, where she served several terms on the Executive Committee and as Managing Partner. She also served as Executive Assistant to the Dane County Executive from 1997-1999.
Euclide has been a member and served in leadership roles of various community and professional organizations, including TEMPO Madison, Downtown Rotary (Madison), Madison Symphony Orchestra Board, Natural Resources Foundation Board, Gathering Waters Conservancy, the Madison Area Metropolitan Planning Organization, Capital Area Regional Planning Commission, and Wisconsin Energy Conservation Corporation. She also was a member of the Governor’s 2007 Task Force on Global Warming.
Euclide earned her law degree from the University of Wisconsin-Madison (Order of the Coif) and a bachelor’s degree (magna cum laude) from UW-Oshkosh, where she was honored as an Outstanding Young Alumni.
Euclide and her husband, Doug Steege, live in Madison, as do their two adult children and three grandchildren.
About WPS Health Solutions
WPS Health Solutions is a nationally regarded government contractor and a leading Wisconsin not-for-profit health insurer. The WPS Health Insurance division offers affordable health plans and benefits administration. The WPS Government Health Administrators division administers Part A and B Medicare benefits for millions of seniors in multiple states, and the WPS Military and Veterans Health division serves millions more members who are active in the U.S. military, veterans and their families. In 2019, the international Ethisphere® Institute named WPS one of the World’s Most Ethical Companies® for the 10th straight year. For more information, please visit wpshealthsolutions.com.
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You Have A Non-Paying Client That Is Ignoring Your Calls – What Next?
By Kai Hovden, DeWitt LLP, ckh@dewittllp.com, 608-252-9391
As a business owner, you know that non-paying clients can eat into your bottom line and cause a host of problems. Consider, for example, the following situation:
A relatively new client has hired your business for ongoing services. For the first several months, everything went smoothly. You had a great working relationship with the owners and your invoices were paid right away. Lately, however, the client has been slow to pay. Several invoices are over 30 days past-due, and your practice is scheduled to perform more work on the farm in several days. The total amount owed is now approaching $8,000. Your contract with the client says you can charge 5% interest on payments that are over 30 days late. What do you do?
Many business owners will be faced with some version of this scenario. And, while most of your time and effort is spent making sure you provide the best quality of services, it is also important to think about protecting your business from non-payers. This article will provide a suggested roadmap on how to navigate situations like the one above, including why small claims court may be the best option to collect from a non-payer.
In the situation above, let’s assume your office has already taken the usual steps – you have already confirmed you have the correct contact information and address for the client, made several phone calls asking about payment, and sent several follow-up emails seeking an explanation. No response. Now what?
The first step is a “demand letter” to the client.
This can be done with or without a lawyer. A demand letter should be clear and direct. It should simply list the relevant information, including: (i) the amount owed by the client; (ii) the services your office provided for the client and the dates of service; (iii) the payment obligations created by the contract the client signed with your business. Any relevant documents and invoices should be attached, as well. Ideally, the letter will be sent through standard mail and by certified mail with a return receipt, so your office has a clear record that the client received the communication.
In addition, the demand letter should highlight the previous efforts your office has made to communicate with the non-paying client before sending the demand letter. (I.e. “We previously tried to contact you by phone on [DATE], and by email on [DATE]. We did not receive a response from you.”).
Finally, the demand letter should, as the title suggests, list a demand. This can be as simple as setting a deadline for the client to contact your office with a suggested repayment plan. (i.e. “Please contact us no later than [DATE] with a proposed payment plan, otherwise we will be forced to consider our legal options.”).
If a demand letter from your office still does not produce a response from the client, the next step may be to get an attorney involved. A more formal letter on a law firm’s letterhead may prompt the non-payer to take the situation more seriously. The initial demand letter your office sent will provide a useful template. It will also save costs because the attorney will not have to start from scratch.
The second step is to consider filing a legal action against the non-paying client.
Of course, there are myriad factors that go into deciding whether to formally initiate legal action against a non-payer, and this decision should not be taken lightly. Some considerations include: (a) whether the client will ultimately be “collectible” if you obtain a legal judgment against the client; (b) whether you are likely to do business with the client again in the future; (c) whether the non-payer will take counter-measures against you or your business, such as posting a negative review online or filing a complaint about the service your office provided; and (d) what kind of message the legal action will send to other clients/prospective clients.
If you do decide to move forward with legal action, an option you may not have considered is small claims court. In many cases, small claims court can provide a faster, cheaper, and more cost-effective resolution.
The first thing to know about small claims court is that there is a cap of $10,000 on your potential recovery of damages from the non-payer. If your business is owed anything less than $10,000, small claims court may be the right option. (And, even if you are owed slightly over $10,000, you can choose to file in small claims court rather than circuit court, provided that you limit the amount of damages you are requesting to $10,000). Forfeiting your right to recover any outstanding amounts above the limit may be worth it, given the following benefits of small claims court:
- Easier procedure; legal representation not required. Overall, small claims court is less formal than traditional circuit court. Small claims court uses standardized forms that are largely self-explanatory and user-friendly. The form to file a complaint in small claims court is called “SC-500,” which can be found online; the form provides instructions for properly completing the form. Likewise, the Wisconsin Courts website publishes several guides to small claims court that provide clear answers to common procedural questions. Thus, unlike circuit court, you can pursue a small claims case without hiring an attorney.
Of course, depending on your situation, it may be advisable to hire an attorney, especially because each county has slightly different procedures and the other party may choose to hire an attorney, which could make the case more complicated.
- Efficiency. Lawsuits filed in circuit court may take up to a year (or more) from when the action was filed until it is ultimately resolved. In contrast, a small claims action is relatively quick. After your complaint is filed (and properly served on the opposing party), the court clerk will set an answer deadline. This is the date by which the opposing party must file a written response to your complaint. After the opposing party files an answer (assuming they do respond), the court will schedule the matter for a small claims trial, usually for about a month or two later. This is a hearing before a court commissioner – not a circuit court judge – where both parties can present their side of the story and provide any supporting evidence. Typically, the commissioner will issue a decision at the hearing or shortly afterwards.
- Cost. In small claims, the filing fee to initiate an action is about $114.50 (including the electronic filing fee). The filing fee in circuit court is $285.50 (again including the electronic filing fee). (Please note that these fees may change; consult the Wisconsin Courts website for the most current filing fees: https://www.wicourts.gov/courts/circuit/filing.htm). In addition, because small claims cases are typically much short and much less involved that circuit court cases, the costs you incur for an attorney will likely be much lower than a circuit court lawsuit.
- Court Commissioners; De Novo Review. In some counties, such as Dane County, a circuit court commissioner—rather than a circuit court judge—will preside over your initial small claims hearing. This is a positive, as commissioners are well-versed at guiding non-experienced individuals through the hearing, and quickly getting to the heart of the dispute. If a court commissioner handles your hearing, another possible benefit is the potential to have the decision reviewed by a circuit court judge. This is what is called a “de novo” review, meaning there will be a new hearing before a circuit court judge – a second bite at the apple. However, not all counties have commissioners. If your initial small claims hearing is before a circuit court judge, your only method to appeal the decision will be to the Wisconsin Court of Appeals, which can be a complicated procedure.
On the other hand, small claims does have its downsides. For example, your ability to recover the money you spent hiring an attorney for the small claims case is limited. (If the amount you recovered is greater than $5,000, attorneys’ fees are $500; if between $1,000 and $5,000 attorneys’ fees are $300; and if less than $1,000, attorneys’ fees are $100.). This is true even if the contract with your client states that the client must pay all reasonable attorneys’ fees in an action for breach of the contract. In circuit court, however, the court is much more likely to enforce the terms of your contract (where reasonable), requiring the non-paying client to pay the full amount of the attorneys’ fees you incurred filing the lawsuit.
The bottom line is that your decision whether to take legal action is not a binary decision between a full-scale circuit court lawsuit and letting the non-payer off the hook completely. Small claims court is an in-between option that may strike the right balance for your situation.
*Please note that this article is intended to provide general guidance; it should not be construed as legal advice. Each County in Wisconsin may have different local rules and procedures, and it may be advisable to consult with an attorney about the specific facts of your case.
About the author: Kai Hovden is a Civil Litigation Association at DeWitt’s Madison office (http://www.dewittllp.com/), and he focuses primarily on intellectual property and labor and employment litigation. The firm is one of the ten largest law firms based in Wisconsin, with an additional presence in Minnesota.
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Record 2018 sales results posted for National Guardian Life Insurance Company
Madison, Wis. (April 2, 2019) – Madison-based mutual life insurance company National Guardian Life Insurance Company (NGL) and its subsidiaries, Settlers Life Insurance Company located in Bristol, Va. and Commercial Travelers Life Insurance Company located in Utica, N.Y., reported a record sales year of $838 million in 2018, which is an increase of seven percent over 2017.
2018 marks the beginning of a transition for NGL. President & Chief Executive Officer Mark L. Solverud announced his retirement. After conducting a nationwide search, the NGL Board of Directors appointed Knut A. Olson as President and Chief Executive Officer effective January 3, 2019.
“I am excited to join an organization well-positioned for the future. The 2018 sales results contributed to the growth of the consolidated statutory assets to $4.5 billion. On a consolidated statutory basis, NGL had a net gain of $37 million which is a very solid result given the pressure that low investment rates continue to place on our operating performance. Solid sales confirm we are meeting important insurance needs in the marketplace today and allow us the flexibility to make choices that will ensure the long term financial strength of our organization,” said Olson.
NGL’s largest business line from a sales standpoint is preneed insurance. Sales in this line of business were $452 million. Sales were also strong in the Individual Life & Annuity line of business, totaling $137 million, up 16 percent over 2017. The final expense insurance sales through NGL’s subsidiary Settlers Life Insurance Company totaled $11.0 million. NGL’s Group Market’s line of business (group accident and health) totaled $237 million, an increase of 16 percent over 2017. The Group Markets business includes student accident and health insurance marketed by NGL’s subsidiary Commercial Travelers Life Insurance Company.
“We are extremely grateful for our 1.2 million policyholders who place their trust in NGL and our subsidiaries. We are also thankful for our thousands of sales representatives, marketing partners and more than 400 employees,” said Olson.
A complete 2018 Annual Report is located at: https://nglic.com/About/Financial-Information
These financial indicators reflect a financially strong company, as does NGL’s A- (Excellent) rating from A.M. Best Company, the leading provider of ratings and financial data for the insurance industry.
About NGL
Since 1910, National Guardian Life Insurance Company (NGL), a mutual insurance company, has been located in Madison, Wis. Licensed to do business in 49 states and the District of Columbia, NGL markets preneed and individual life and annuities, as well as group markets products including specialty and student insurance. Additional information about NGL can be found at www.nglic.com; Facebook: Facebook.com/NGLIC and LinkedIn: https://www.linkedin.com/company/national-guardian-life-insurance-company
About Commercial Travelers Life Insurance Company
Since 1883, Commercial Travelers has provided coverage for student accident, health and special risk markets to students in K-12 through college, school sports, and special risk coverage. Located in Utica, N.Y., NGL entered into an affiliation with Commercial Travelers in 2012. In 2017, CT was approved by NY to be demutualized and became a wholly-owned stock subsidiary of NGL. For more information, visit www.commercialtravelers.com.
About Settlers Life Insurance Company
A member of NGL group of companies since 1999, Settlers Life Insurance Company is located in Bristol, Va. Additional information about Settlers Life can be found at www.settlerslife.com.
NGL reported $4.1 billion in consolidated liabilities for 2018. Financials current as of 12/31/18. Ratings current as of 02/21/19.
National Guardian Life Insurance Company is not affiliated with The Guardian Life Insurance Company of America a/k/a The Guardian or Guardian Life.
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Contact: Maria Lubick
(608) 443-5284
Online newsroom: nglic.com/newsroom
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Food Fight Restaurants Win Three Wisconsin Restaurant Association Regional Awards
The Wisconsin Restaurant Association presented their new regional awards, developed by the association’s board of directors, at the annual Awards Gala held at the Marcus Center for the Performing Arts in Milwaukee on March 12th. The event occurs during the WRA’s Midwest Foodservice Expo (March 11 – 13, 2019).
2019 is the inaugural year of WRA’s new regional awards which were created to shine a light on excellence exhibited in restaurants across the state in five regions. These regions were identified for the purposes of the new awards.
There are two categories – The Champion of Restaurant Entrepreneurship (CORE) awards and the Best of the House awards (which includes the Best of the Back of the House and Best of the Front of the House).
The criteria for the Best of the Back of the House include attention to detail, calm under pressure, strong work ethics and leadership skills.
Note: A quote from the winners’ nominators about why they are so deserving of this recognition is included after their name, title and employer/business.
Region 1 – Alex Slimak, director of the kitchen at Za 51 and Draganetti’s in Eau Claire.
“Alex leads by example which garners the respect of the entire crew. He is a wonderful mentor and values the opportunity to help mold young aspiring cooks into culinary professionals.”
Region 2 – Matthew Mazur, executive chef at The Blue Bayou Inn in Manitowish Waters.
“Born into the restaurant industry, Matthew proudly carries on the tradition of his family’s restaurant. He looks at new ideas and trends while preserving the legacy of his father’s recipes.”
Region 3 – Geddy Nordby, back of the house manager at Deo’s Pizzeria and Pub in Plymouth.
“Geddy’s work ethic and communication skills make him an outstanding employee. He is good under pressure and he is a positive role model for other employees.“
Region 4 – John Moosreiner, executive chef at Weissgerber’s Golden Mast in Okauchee.
“John has shown superior professional leadership in his position as Executive Chef for 47 years. His commitment to exemplary performance has gained him the admiration and respect of all.”
Region 5 – Chris Myers, executive chef at Cento Ristorante in Madison.
“Chris has an inner passion for the restaurant industry. Without ego, he lifts up those around him, whether they are guests, fellow managers or staff.”
According to Kristine Hiller, WRA President and CEO, “The Back of the House winners show inspiring commitment to the foodservice industry and their contributions to the success of the restaurants where they work is so valuable.”
The criteria for the Best of the Front of the House awards is outstanding customer service, strong work ethics, leadership skills and have earned the respect of their colleagues and employers.
Region 2 – Rachel Gee, server at The Black Forest Pub & Grille in Three Lakes.
“Rachel has earned a large and loyal customer following. Customers request her because she makes their experience enjoyable and fun, and treats them like family.”
Region 3 – Amanda Mihalic, general manager at Culver’s in Little Chute.
“Amanda has always made taking care of her team members and guests a huge priority. She is a strong leader and true advocate for our industry.“
Region 4 – Sarah Ruffert, assistant shift manager of the food court at Potawatomi Bingo and Casino in Milwaukee.
“Sarah has transformed her team into hospitality ambassadors by encouraging her employees to engage with guests and build relationships.”
Region 5 – Ben Brady, general manager of Everly and Miko Poke in Madison.
“Ben has shown dedication to the art of hospitality. His open mind and fair treatment of all makes his restaurants safe and welcoming places to work.”
Hillmer described the winners in this category as “true ambassadors of hospitality who create memorable and positive dining experiences every day.”
The criteria for the Champion of Restaurant Entrepreneurship (CORE) award for owner/operators is demonstrated passion for – and success in, their business, a commitment to community involvement, and support WRA through membership. Additionally the winners should demonstrate exemplary leadership skills, business acumen and have a knack for helping the restaurant industry move forward through innovation.
Region 2 – Heather and Marcel Biró, owners of The Black Forest Pub & Grille in Three Lakes.
“Heather and Marcel are the epitome of teamwork, professionalism and honesty. They set high standards for themselves and their business and take time to engage in their community.”
Region 3 – Jim Seeboth, owner of Seeboth Delicatessen in Sheboygan.
“Jim has a passion for the restaurant industry that is infectious. His years of experience bring a calm assuredness that inspires those who work with him.”
Region 4 – Mike Holz, co-owner and executive chef of Brunch in Milwaukee and Brookfield.
“Mike has all the qualities of a great leader. He treats his staff like family and builds them up to their highest potential. He loves nothing more than seeing them succeed.”
Region 5 – José García, proprietor and general manager of Hubbard Avenue Diner in Middleton
“Jose exemplifies all of the positive traits that you would look for in an proprietor and manager. He brings new ideas, fresh collaboration and a celebration of community to the diner.”
“The CORE award winners embody the dedication, creativity and heart that characterize this industry,” said Hillmer.
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Since 1933, the Wisconsin Restaurant Association has been dedicated to the success of the foodservice and hospitality industry.