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…
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…
November 14, Dickinson Law, Holmes Murphy, and SBS Cybersecurity hosted Into the Breach: Responding to a Cybersecurity Incident from Start to Finish.   The seminar featured Dickinson Cybersecurity, Data Breach & Privacy attorneys John Lande, Laura Wasson, Jesse Johnston, Bryan O’Neill, and Melissa Schilling and took attendees through the ins and outs of a reach breach example and shared tips on how to properly prepare and reduce the risk of a cyber-breach. Business Record, Iowa’s leading…
Commercial Real Estate Loan Documentation Best Practices PART 1:  Commitment Letter Following credit approval, the formal real estate lending process typically starts with a commitment letter which seeks to establish the primary specific terms and conditions of the proposed financing. It is an opportunity for the parties to ensure that they are in basic agreement with the loan amount, repayment terms, interest rate, collateral, guaranty requirements, and fundamental representations and covenants. The commitment letter fleshes…
“I recently reviewed a client-received copy of a letter a Medical Review Officer sent to an individual who tested positive on a random DOT drug test. It was  obvious to me that the individual didn’t have any clue about the many safeguards that are built into the DOT substance abuse testing regulations found in 49 CFR Part 40.  I include within that observation the standards or protocols of 49 CFR Part 40, Subpart F
Under the current administration, a number of DOL regulations have gone by the wayside by way of the Congressional Review Act, presidential Executive Orders, and court rulings.  These developments may cause one to conclude that Trump’s DOL is not focused on enforcement of the current rules.  An October 9 press release from DOL’s Wage and Hour Administration (WHD) certainly contradicts that conclusion. An October 9, 2018 WHD press release announced that in the fiscal year…
Dickinson Law, Holmes-Murphy, and SBS Cybersecurity are pleased to present Iowa’s latest cybersecurity webinar, Into the Breach: Responding to a Cybersecurity Incident from Start to Finish, November 14, 2018 at Holmes-Murphy’s Waukee Headquarters.  In this half-day seminar, a panel of experts will share tips to properly prepare and reduce your risk of a cyber breach and equip your company with the right tools and resources to minimize damage after a breach takes place. Unfortunately, no company in any industry –…
On September 18, 2018, the Consumer Financial Protection Bureau published in an “interim final rule” which, among other changes, contained a new “Summary of Consumer Rights” under the Fair Credit Reporting Act.   The new Summary is available in English in Spanish here. Most certainly not coincidentally, Friday, September 21, 2018, was the effective date for a provision of the “Economic Growth, Regulatory Relief, and Consumer Protection Act,”  mandating a change in the information that…
On September 28, 2018, the Eighth Circuit affirmed a Nebraska district court’s ruling for the defendant majority shareholder in an economic duress case, Rasby v. Pillen, 2018 WL4654718. The case centered on a minority shareholder, Deborah Rasby’s, sale of her stock in various entities to the majority shareholder, James Pillen. Rasby sold her shares for $2,350,000, which she claimed was substantially below market value. The facts will sound familiar to any minority shareholder that…
Contractors hired to work on Mandelbaum’s new tower—“The Fifth”—need to be familiar with Iowa’s mechanics’ lien law if they want to protect their mechanics’ lien rights. The Des Moines Register reports that construction may begin soon on the proposed 33 story tower at 5th Avenue between Walnut Street and Court Avenue. Many contractors will be involved in construction, and contractors will need to be careful to ensure that they protect their mechanics’ lien rights. This…