BrownWinick Law Firm wins the dismissal of Clean Water Act and RCRA claims filed against New Fashion Pork

By: BrownWinick | 03.27.2020

  On March 27, 2020, Northern District of Iowa Federal District Court Judge C.J. Williams granted a motion for summary judgment in favor of New Fashion Pork and BWT Holdings and against Gordon Garrison, a neighbor.  Mr. Garrison filed a federal citizen action suit in 2018 alleging that New Fashion Pork had violated the federal Read…

COVID-19 Update: Polk County District Court Matters

By: Ryan Shellady |

  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…

Identification of “Essential Business” Employees

By: Amy Johnson | 03.26.2020

  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 similar. Read…

Clarification Provided on Remote Notarizations

By: Karen Karr | 03.25.2020

  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 Read…

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

By: Jennifer Lindberg | 03.24.2020

  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 Hospital Read…

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

By: Ryan Shellady |

  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 of Read…

It’s 2020, is Hemp legal yet?

By: Tess Pocock | 02.24.2020

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 legalization. Read…

BW Wins Appeal in $30 Million Contract Dispute

By: Michael Dee | 02.18.2020

  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 Read…

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

By: Amy Howells | 01.31.2020

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 as a Read…

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

By: Maggie Simonson | 01.24.2020

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 Guidance on Opportunity Zone Read…