The Legal Monitor - 2016

  • Proposed Changes to Closely-Held Business Valuation

    Posted by Robert Hodges | in December 2016 on Wednesday, December 14, 2016

    Estate and gift tax concerns the transfer of assets (usually from an older generation to a younger one). The goal of estate and gift tax planning is to transfer assets effectively and efficiently for the lowest tax cost. If the assets being transferred are not easily valued, the taxpayer needs to value those assets in a manner acceptable to the IRS. Valuation concerns usually arise with family business entities.

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  • Does Your Company Handle Hazardous Waste?

    Posted by James Pray | in December 2016 on Wednesday, December 14, 2016

    2016 has seen an unprecedented number of Environmental Protection Agency ("EPA") site inspections looking for violations of hazardous waste laws here in Iowa. The targeted businesses appear to be smaller companies that are already listed in the EPA's database as hazardous waste generators or transporters. Most of these smaller businesses have likely never experienced a full inspection of their operation by an EPA inspector.

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  • Change in Iowa Law on Insurance Coverage for Defective Construction

    Posted by Brant Kahler | in December 2016 on Wednesday, December 14, 2016

    On June 10, 2016, the Iowa Supreme Court issued a landmark decision in National Surety Corporation v. Westlake Investments, LLC. Prior to that decision, and based primarily on the Iowa Supreme Court's previous decision in Pursell Construction v. Hawkeye-Security Insurance, 596 N.W.2d 67 (Iowa 1999), Iowa law held that a contractor's Commercial General Liability (CGL) insurance policy did not provide coverage for defective construction.

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  • Structure Matters for Start-Ups

    Posted by Christopher Sackett | in December 2016 on Wednesday, December 14, 2016

    Entrepreneurs make many mistakes in the initial formation and early capitalization of their companies. Two of the most frequent ones are essentially opposite sides of the same coin.

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  • Our Firm Continues to Grow To Serve Your Needs - December 2016

    Posted by Alicia Nicoletto | James White | in December 2016 on Wednesday, December 14, 2016

    In our continuing effort to provide clients with the best possible legal services, BrownWinick continues to grow by hiring outstanding attorneys. Our most recent hires are no exception.

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  • Centers for Medicare & Medicaid Services ("CMS") Issues Final Rule for Long-Term Care Facility Requirements

    Posted in December 2016 on Wednesday, December 14, 2016

    In late September 2016, CMS issued an extensive rule revising the requirements for Long-Term Care facilities participating in Medicare and/or Medicaid. The new requirements are effective November 28, but they are to be implemented in stages. The Phase 1 regulations must be implemented by November 28, 2016, and Phases 2 and 3 must be implemented by November 28, 2017 and November 28, 2019, respectively.

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  • Department of Labor's Final Overtime Rule Change Delayed

    Posted in December 2016 on Wednesday, December 14, 2016

    Earlier this year, the Department of Labor adopted its long-awaited final rule regarding who is exempt from overtime pay under the executive, administrative, and professional exemptions

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  • 2016 ACA Update

    Posted by Alice Helle | Cynthia Lande | in June 2016 on Friday, June 10, 2016

    For several years, new requirements under the Affordable Care Act's ("ACA's") phased implementation have been a top concern for employers. In that respect, 2016 is no different than prior years. A handful of new requirements took effect at the beginning of the year, and some requirements still remain to take effect in future years.

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  • Expedited Civil Actions: Initial Impressions

    Posted by Benjamin Merrill | in June 2016 on Friday, June 10, 2016

    The newly enacted Expedited Civil Action (ECA) system is still in its infancy. Nevertheless, BrownWinick attorneys have been involved in several of proceedings and through those experiences, have gained insight regarding how these actions may develop in our state's legal system. Based on our experiences, the ECA system provides a fair, efficient method for solving disputes that might otherwise go unresolved or unpursued.

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  • Iowa Passes Law to Create Biorenewable Chemical Tax Credit Program

    Posted by Joe Leo | in June 2016 on Friday, June 10, 2016

    On April 6, 2016, Governor Branstad signed into law Senate File 2300 which creates the Biorenewable Chemical Tax Credit Program, a landmark piece of legislation that is expected to result in significant investment and innovation in Iowa.

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