Business & Commercial Litigation
Cynthia L. Buchko is a shareholder in Whyte Hirschboeck Dudek S.C.'s Madison office and is a co-Practice Group Leader for the Litigation Practice Group. Ms. Buchko's practice is concentrated in commercial litigation, administrative law and energy and public utilities law. She has successfully represented clients in a wide variety of real estate-based matters, including eminent domain proceedings, easement and restrictive covenant enforcement actions, and zoning and land use disputes. Ms. Buchko has also challenged the validity of numerous state statutes and local ordinances, most recently succeeding by having a statute removing $200 million from the Injured Patients and Families Compensation Fund declared unconstitutional by the Wisconsin Supreme Court. She represents clients involved with business disputes, including contract, restrictive covenant and employment matters, before state and federal courts located throughout Wisconsin and the midwest. Ms. Buchko assists clients in obtaining federal, state and local permits necessary for their energy or construction projects, and defends clients against enforcement actions initiated by federal, state and local agencies.
Education
- University of Wisconsin Law School, J.D., cum laude
- University of Wisconsin-Milwaukee, B.A., summa cum laude
Admissions
- State Bar of Wisconsin
- Federal Circuit Court of Appeals
- Seventh Circuit Court of Appeals
- Western District of Wisconsin
- Eastern District of Wisconsin
Awards & Distinctions
- Selected as a 2009 40 Under 40 by In Business Magazine
- Selected for inclusion in The Best Lawyers in America® in Eminent Domain and Condemnation Law, and Land Use & Zoning Law (2013)
- Named a "Rising Star" on the Wisconsin Super Lawyers list (2006, 2008-2012)
Representative Work
- Successfully challenged the constitutionality of the State of Wisconsin's removal of $200 million from the Injured Patients and Families Compensation Fund.
- Represented an interstate transportation pipeline company in a series of declaratory judgment and preliminary injunction actions in multiple counties resulting in gaining access to all properties needed for construction of a project.
- Successfully represented a State Senator in a dispute concerning draft legislation and the Open Records Law, resulting in a published appellate decision.
- Represented a group of amicus curiae supporting the plaintiff’s successful challenge to a Milwaukee sick leave ordinance.
- Successfully litigated eminent domain cases, both before condemnation commissions and before state and federal courts in both Wisconsin and Illinois.
- Represented many commercial landowners in successful negotiations with the State of Wisconsin Department of Transportation where highway projects impacted commercial properties.
- Advised energy industry clients, including natural gas pipeline companies, crude oil pipeline companies and public utilities, on various issues related to eminent domain, including whether clients have the authority to exercise eminent domain and the interplay between federal and state court eminent domain procedures.
- Represented clients in administrative agency litigation before the Public Service Commission of Wisconsin, State of Wisconsin Department of Agriculture Trade and Consumer Protection, State of Wisconsin Department of Natural Resources, and various other federal, state and municipal agencies.
- Successfully represented clients in real estate litigation, including challenges to zoning regulations, easement construction, purchase and sale disputes, trespass, nuisance, eminent domain and a variety of other real property disputes.
- Successfully represented clients in appellate matters, including before the Seventh Circuit Court of Appeals, the Wisconsin Supreme Court and the Wisconsin Court of Appeals.
- Assisted clients with trademark, trade dress, Lanham Act and other intellectual property disputes, including appellate work before the Federal Circuit Court of Appeals.
- Various engagements to prepare variance, conditional use permit and other permit applications and appear before municipal zoning boards or commissions.
- Represented clients in a wide variety of business disputes, including contract, restrictive covenant and employment disputes, before state and federal courts located throughout Wisconsin and the midwest.
Professional Associations
- Member of the Renewable Energy Resources Committee for the American Bar Association's Section of Environment, Energy, and Resources
- Wisconsin Bio Industry Alliance, Bio Power Board (2008-2011)
Community Involvement
- YWCA, Fund Development Committee
- Wisconsin Coalition Against Domestic Violence, Board Member
Articles and Presentations
- The Importance of Condemnation Provisions in Leases, The Real Deal Winter 2010
- Prevailing Wage Law Changes, April 2010 Construction Business Group Seminar Series
- Legislature tries to bring uniformity to wind farm regulation, Capital Region Business Journal November 2009
- New Legislative Proposals Could Help Spur the Development of Biomass Use in Electric Generation, Wisconsin Bio Industry Alliance (WBIA) Newsletter, June 2009
- Wisconsin Civil Procedure Before Trial, Author Chapter 9 Termination Without Trial
- How to Leverage the Green Economy into Business Opportunities, March 24, 2009 Seminar
- Appealing from Administrative Agency Decisions, Wisconsin Bar Association Seminar, Feb. 19, 2009
- What the New Federal Rules of Electronic Discovery Mean for Your Health Care Institution, ALFA Midwest Regional Seminar, Sept. 6, 2007
- Preserving the Record for Appeal and Appellate Practice Tips, Wisconsin Coalition Against Domestic Violence Training Seminar, Oct. 5, 2006
- Document Record Retention and Retrieval, E-Discovery Corporate Counsel Forum Seminar, Nov. 8, 2006