Legal News

COVID-19 Update: Polk County District Court Matters

  On March 26, 2020, Chief Judge Huppert issued a new Administrative Order  for the Polk County Courthouse Campus. Below is a brief summary of the Order’s provisions for Civil, Family Law, and Magistrate Court matters. The Order also contains provisions for Criminal and Juvenile matters. Civil Matters: All motions are deemed fully submitted on... Read More

Identification of "Essential Business" Employees

  As more cities and states are moving to require citizens to “shelter in place,” how do “essential business” employees identify themselves?  The “shelter in place” orders that have been issued so far have been issued by city or state governments.  Each order may have specific nuances; however, the general employee identification form will be... Read More

Clarification Provided on Remote Notarizations

  On March 24, 2020, the Iowa Secretary of State issued guidance for remote notarizations. It clarifies that remote notarization must comply with Section 6 of Senate File 475 and Iowa Administrative Code 721-43, Iowa Code chapter 9B, as summarized in our previous post, Remote Notary Now an Option. Per the Iowa Secretary of State’s guidance, remote... Read More

AHA Seeks to Simplify Contracting Process for Physicians and Suppliers to Meet Increased Staffing Needs Resulting from COVID-19

  Hospitals are facing an increased need for flexibility in implementing new models of care as the COVID-19 pandemic continues. In order to appropriately staff their facilities, many hospitals are shifting resources in order to provide the high level of care required by the incoming patients.  In recognition of these new demands, the American... Read More

Courthouse Contagion: How COVID-19 is Affecting Your Cases, Hearings, and Proceedings

  Over the last two weeks, the Iowa Supreme Court has issued several Supervisory Orders affecting courthouse schedules and proceedings across the state in light of the COVID-19 pandemic. These Orders can be found on the Iowa Judicial Branch website. Every Monday morning (or as circumstances require), the Judicial Branch will be providing summaries... Read More

It’s 2020, is Hemp legal yet?

Hemp is still illegal in Iowa. And while legalization is coming, it is unclear how exactly hemp and hemp-derived products, such as certain CBD (cannabidiol) products, will be regulated. The United States Department of Agriculture has yet to approve Iowa’s state plan for licensing and regulating the production of hemp, which is necessary for... Read More

BW Wins Appeal in $30 Million Contract Dispute

  The Iowa Supreme Court on February 7, 2020, held that BrownWinick client Homeland Energy Solutions, LLC (HES) had an enforceable contract with a former HES board member to repurchase the member’s units in HES.  In 2013, HES entered into a contract with then-board member Steve J. Retterath to repurchase Retterath’s units in HES for $30 million. ... Read More

EPA Greenlights Ten Pesticides for Use on Hemp in Advance of the 2020 Growing Season

Last month, the EPA approved 10 pesticides—including one conventional pesticide, or synthetic chemical, and nine bio pesticides, or naturally occurring bioactive organisms—for use on the cannabis plant. These are the first crop protection tools ever to be approved for the plant because, up until passage of the 2018 Farm Bill, hemp was classified... Read More

Tax Update - Qualified Opportunity Zone Final Regulations and Highlights of Tax Provisions in Spending Bill

Final Regulations for Qualified Opportunity Zones At long last, after two sets of proposed regulations, the IRS finalized its regulations with respect to investing in a “qualified opportunity zone” (“QOZ”). See previous articles on the tax benefits of such an investment and how to qualify for them here: Invest in Opportunity Zones and Updated... Read More

SEC Proposes to Expand Accredited Investor Definition

On December 18, 2019, the U.S. Securities and Exchange Commission (SEC) proposed to expand the definition of accredited investor. The proposed amendments would ultimately allow more investors to participate in private offerings. More specifically, the proposed amendments to the accredited investor definition would: add new categories to the... Read More