BW INSIGHTS

The EPA's Rule Withdrawal Impact on Environmental Due Diligence

Since our last post, “New ASTM Standard for Commercial Real Estate Phase I Environmental Site Assessments”, the Environmental Protection Agency (the “EPA”) withdrew its direct final rule to adopt the new ASTM E1527-21 standard for the EPA’s “All Appropriate Inquiry” rules. The “All Appropriate Inquiry” rules provide a framework under which a... Read More

Will v. Trust: What's the Difference and Which One is Right for You?

You have probably heard of wills and trusts in the estate planning context, but what is the difference between the two?   Both a will and a trust are used to distribute your assets upon your death. Both allow you to name beneficiaries to receive your assets and a fiduciary to control the distribution of your assets. However, there are some key... Read More

Estate Planning Considerations with Your Vacation Home

With Memorial Day in the rear-view mirror and the July 4th holiday quickly approaching, many of us are enjoying weekends or longer stays at a family vacation property on the water. The gathering spot may be known as a lake house, beach house, cabin, camp, cottage, lodge, or condo (depending on the location and use). In addition to waterfront... Read More

BrownWinick Attorneys Successfully Represent New Fashion Pork and BWT Holdings before the Iowa Supreme Court

In a major development for the agricultural industry in Iowa, the Iowa Supreme Court affirmed the dismissal of a nuisance case and reversed a previous Supreme Court decision on constitutional grounds. BrownWinick attorneys James White, Jen Lindberg, and Jim Pray successfully represented New Fashion Pork and BWT Holdings before the Iowa Supreme... Read More

Rights as a Transgender Person in the Workplace

It is not always clear what rights you have in the workplace as an employee. This task becomes more challenging when your rights have been a topic of controversy in the media. To provide clarity on this matter, we have provided explanations for the workplace rights transgender people have in Iowa.   The Iowa Civil Rights Act prohibits... Read More

Who Should I Name as Guardian for my Minor Children?

Naming a legal guardian is often the most important estate planning decision for people with minor children. When you become a parent, it is a good idea to have a will in place so you can name a legal guardian for your children if anything were to happen to you. Here are seven things to consider when choosing who to name as your children’s... Read More

Less is More - New Requirements for Iowa Groundwater Hazard Statements

When it comes to real estate transactions, brokers, agents, lenders, and attorneys tend to use phrases and jargon that—while not always completely clear to non-industry folks (including their clients)—are generally known and understood by their industry counterparts. A common example are the varied references to closing documents, sometimes noted... Read More

Government Relations Update - 06-08-22

Primary election results for numerous statewide and legislative races are in.  In federal election news, Mike Franken defeated Abby Finkenauer to become the Democratic candidate for U.S. Senate.  Franken will challenge current U.S. Senator Charles Grassley who defeated Jim Carlin in the Republican primary. Additionally, Zach Nunn won a three-way... Read More

United States Supreme Court Issues Decision on Enforcement of Arbitration Clauses

The United States Supreme Court recently issued a decision significant to the enforcement of arbitration clauses in contracts. In a unanimous decision, the Court held in Morgan v. Sundance, Inc. that federal law does not contain a “prejudice requirement” in determining whether a party has waived its right to arbitration. The prejudice requirement... Read More