BW INSIGHTS

2025 Government Relations Legislative Update - Week Four

By Matthew H. McKinney, R.G. Schwarm & Julie A. Smith | 02.10.2025

New This Week. Week 3 (last week) ended on a sad note with the sudden passing of Representative Martin Graber (R) on Friday, January 31st. The House didn’t gather in Des Moines on Tuesday of week 4 so that members could attend Representative Graber’s funeral. Graber, from Fort Madison, represented House District 100. He was first elected to serve... Read More

2025 Government Relations Legislative Update - Week Three

By Matthew H. McKinney, R.G. Schwarm & Julie A. Smith | 02.03.2025

Capitol Update New This Week. After Tuesday’s special election, a new State Senator will take the oath of office in Des Moines. Democrat Mike Zimmer, the Central DeWitt School Board president, won the seat for Senate District 35 in eastern Iowa. The district includes Clinton County and parts of Jackson and Scott Counties. Zimmer succeeds in the... Read More

2025 Government Relations Legislative Update - Week Two

By Matthew H. McKinney, R.G. Schwarm & Julie A. Smith | 01.27.2025

Capitol Update Monday was a very busy day in D.C. with the inauguration of our 47th President, Donald J. Trump (and former 45th President). It was also Martin Luther King, Jr. Day and celebrations honoring Dr. King were held in Iowa and around the country. Hands-Free Legislation Passes First Subcommittee. Both the Senate and House are considering... Read More

2025 Government Relations Legislative Update - Week One

By Matthew H. McKinney, R.G. Schwarm & Julie A. Smith | 01.21.2025

First Day. The first day of the 91st General Assembly began on Monday, January 13, 2025. The State Constitution directs that session be held annually commencing on the second Monday of January and the Iowa Code directs that the general Assembly convene at 10:00 a.m. It was an exciting day for the newly-elected and reelected legislators who took... Read More

Breaking: Nationwide Preliminary Injunction Back in Place for CTA

By Brennan R. Block & Ellen M. Hames | 01.02.2025

In a huge turn of events, on December 26, 2024, a separate panel (the “merits” panel) of the Fifth Circuit Court of Appeals issued a decision vacating the original panel (the “motions” panel) of the Fifth Circuit’s stay of the nationwide preliminary injunction halting enforcement of the Corporate Transparency Act (CTA), effectively meaning that... Read More

Breaking: Nationwide CTA Injunction Stayed; CTA Reporting Obligations Reinstated With Some Extensions

By Ellen M. Hames & Brennan R. Block | 12.26.2024

As anticipated in our previous blog, the United States Court of Appeals for the Fifth Circuit issued a decision implicating the nationwide preliminary injunction previously issued by the U.S. District Court for the Eastern District of Texas in Texas Top Cop Shop v. Garland et al., No. 4:24-cv-478 (E.D. Tex. Dec 3, 2024) that temporarily blocked... Read More

CTA Update: 5th Circuit Poised to Issue Decision; Congress Likely to Weigh-In

By Brennan R. Block & Ellen M. Hames | 12.19.2024

As our previous blog highlighted, numerous small businesses were relieved of their quickly approaching New Years Day deadline to submit beneficial ownership information to the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) under the Corporate Transparency Act (CTA) when a federal district court in Texas issued a nationwide... Read More

ESOP SELLER PERSPECTIVES – BENEFITS OF SELLING TO AN ESOP

By Drew D. Larson & Cynthia Boyle Lande | 12.09.2024

Selling a business is a monumental decision for any owner. It’s not just a financial transaction; it involves the legacy, the workforce, the community, culture, and the future of the enterprise. One increasingly popular method of transitioning ownership is through an Employee Stock Ownership Plan (ESOP). This approach has numerous advantages for... Read More

U.S. District Court Temporarily Enjoins Enforcement of the Corporate Transparency Act (CTA)

By Brennan R. Block & Ellen M. Hames | 12.04.2024

On December 3, 2024, the U.S. District Court for the Eastern District of Texas, in the case of Texas Top Cop Shop, Inc. et al. vs. Garland (U.S. Attorney General), granted a nationwide preliminary injunction that temporarily enjoins or prohibits the United States federal government from enforcing the Corporate Transparency Act (the “CTA”). For... Read More

SECTION 1202 GAIN EXCLUSION IN SALES TO ESOPS

By Drew D. Larson & Cynthia Boyle Lande | 11.11.2024

ESOPs provide many tax advantages for both sellers and the ESOP-owned company. In addition to all of the ESOP-specific benefits, sales to ESOPs can also potentially qualify for gain exclusion under Section 1202 of the Internal Revenue Code. Benefits of Section 1202 Section 1202 provides significant tax benefits for sellers of qualified small... Read More