BW INSIGHTS

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

Supreme Court Clarifies Burden of Proof for FLSA Exemptions, Rejecting Heightened Evidence Standard

By Danielle Smid | 01.15.2025

The U.S. Supreme Court ruled Wednesday that the Fair Labor Standards Act’s (FLSA) exemptions do not call for heightened evidence standards. The appeal from a decision by the US. Court of Appeals for the Fourth Circuit, in which a three-member circuit panel held that employers must meet a “clear and convincing” standard to establish that an... Read More

Workplace Illnesses Exposure & Workers’ Compensation: A Key Iowa Case for Employers

By Benjamin Merrill | 01.03.2025

As workplaces navigated the challenges of COVID-19, a critical question emerged: when is a workplace liable for employees contracting the virus? Iowa's workers’ compensation system addressed this question head-on. A recent Iowa Court of Appeals case affirmed the Commissioner’s original decision that proving a workplace connection to COVID-19... 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

Have You Protected Your Trademarks Yet??? File NOW – USPTO Fees Are Set to Rise in ‘25

By Christopher Proskey | 12.19.2024

This should be important to every business and brand. Starting January 18, 2025, it will be more expensive and more difficult to thoroughly protect your trademarks. The summary is, you should revisit your trademark protection now, to make sure you have thoroughly protected all your trademarks. In addition, you should file, now, any marks that you... 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

Texas Federal Court Strikes Down Biden Administration’s Overtime Rule Raising Salary Threshold for While Collar Exemptions

By Danielle Smid | 11.18.2024

According to a Texas Federal Judge on Friday, the United States Department of Labor lacked authority to raise the salary threshold for the Fair Labor Standards Act white collar overtime exemptions. The Court’s ruling strikes down on a nationwide basis the Biden Administration rule that has been in effect since July. The Court rules that each of... Read More