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Latest from Iowa Commercial Litigation Blog

Ever since the New York Department of Financial Services (“NYDFS”) enacted its cybersecurity regulation for financial institutions and related organizations, other states have started to enact cybersecurity regulations of their own. South Carolina became the latest state to enact a version of the National Association of Insurance Commissioners (“NAIC”) model cybersecurity law, which is based on the NYDFS regulation. The model NAIC law applies to organizations that are required to comply with state insurance laws.…
  The Department of Health and Human Services (“HHS”) has released the “Health Industry Cybersecurity Practices: Managing Threats and Protecting Patients” guide. The publication contains a comprehensive summary of cybersecurity threats for the healthcare industry, and technical details for mitigating those cybersecurity risks. The technical volumes in the publication are particularly helpful because they reference specific sections of the cybersecurity standards published by the National Institute of Standards and Technology (“NIST”). Organizations that are trying…
Chambers USA has given the Dickinson Law Firm five high rankings for practice areas in Iowa.  Dickinson was recognized for exceptional performance in: Real Estate, Corporate/M&A, Corporate/M&A: Banking & Finance, Labor & Employment, Litigation: General Commercial. Firms were ranked in a limited number of categories and were evaluated by Chambers researchers and through peer review. In addition, Chambers researchers interviewed firm clients regarding their experiences with individual attorneys and practice areas. Thirteen…
The recent article Wall Street Journal titled Farm Belt Bankruptcies are Soaring, notes that “a wave of bankruptcies is sweeping the U.S. Farm Belt as trade disputes add pain to the low commodity prices that have been grinding down American farmers for years.”  The article also notes that bankruptcy filings have doubled since 2008 in the regions covered by the Seventh and Eighth Circuit Court of Appeals, which includes the states of Iowa, Illinois,…
As the Wall Street Journal reported this week, U.S. farm related Chapter 12 bankruptcy filings are at a ten-year high. Dickinson Law understands the importance of this issue to the Iowa Economy.  As the stress of the trade war affects your business, do you know the status of your ag liens?  Landlord’s liens, harvester’s liens, ag supply dealer liens, veterinarian liens, all of these can make for a confusing list of creditor priorities.  Join Dickinson…
Lenders are already aware of the many economic risks facing the agricultural economy. Less well known are the legal risks that many lenders face if they have to try to enforce their rights against collateral. Lenders may be surprised to find out that their “priority” liens on a farmer’s operation are not superior to liens from other creditors, especially input suppliers. The case of Oyens Feed & Supply Co. v. Primebank is a cautionary tale…
Earlier this year, the Tokyo fish market grabbed headlines when a blue fin tuna sold for a record $3 million. Less well publicized was a phish that reeled in $2 million for fraudsters from the city of Farmington, Connecticut in 2016. News stories about cybersecurity incidents involving phishing are routine. However, just because phishing schemes are a well-known attack vector does not lessen the risk that organizations face from these schemes. The town of Farmington,…
A common trope is that technology is evolving too fast for the law to keep up. Companies like Uber, Tesla, and Coinbase race forward while ignoring whether their technologies or activities are covered by any existing regulatory framework. Many of these companies have had a rude awakening. A list of Uber’s legal disputes reads like a bucket list of state and international jurisdictions to visit. Tesla’s head landed in hot water with the SEC after…
With cyberattacks and data breaches now a routine part of life, banks and depositors need to make sure they secure funds from unauthorized wire transfers. In the recent case Essgeekay Corp. v. TD Bank, TD Bank may be liable for unauthorized wire transfers from a business depositor’s account because TD Bank failed to follow the account’s security procedure. Essgeekay Corp. d/b/a American Prescription Surgical Center (“Plaintiff”) sued TD Bank after unauthorized wires totaling more than…
On December 14, 2018, the Iowa Supreme Court, in Lowe’s Home Centers, LLC v. Iowa Department of Revenue,  found that there is at least one additional category of taxable services—installation—to consider.  This ruling deviates from the position historically taken by many throughout the State of Iowa that if a service is not a taxable repair, it falls into the non-taxable category of new construction. The Iowa Supreme Court made it clear that taxable repair…