BW INSIGHTS

HIPAA Fee Limitations for Record Requests

By Drew Larson | 11.21.2019
Health care providers and staff commonly receive medical record requests from current or former patients of their practice for a variety of reasons. The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) allows for patients to request copies of their own records, with a few limitations, but notably, the regulations also limit... Read More

One Step Closer to Hemp Production in Iowa

By Joe Leo & Christopher R. Sackett | 10.31.2019
Today, the United States Department of Agriculture (USDA) released its interim final rule for nationwide legal hemp production. This is an important step toward hemp production in Iowa. Hemp production took a hiatus in the U.S. when, in the 1970s, it was classified as controlled substance. That all changed in the 2018 Farm Bill which legalized... Read More

Aircraft Dry Lease Checklist

By Brennan Block | 10.30.2019
There is no doubt about it: purchasing, owning, and operating an aircraft is an expensive endeavor. For this reason, we find our clients seeking out more cost effective private aircraft arrangements. Most often, an aircraft charter or lease arrangement more closely aligns with a client’s goals than outright aircraft ownership. Chartered air travel... Read More

Iowa Dental Board Phone Scam

By BrownWinick | 10.29.2019
The Iowa Dental Board has released an alert to warn dental providers of a phone scam targeting providers. The Dental Board received information that a caller is impersonating a Dental Board investigator, calling from a spoofed phone number that appears to be a Dental Board phone number. The Dental Board issued the following statement in response... Read More

DOL's New Overtime Rule Released, Updating Earnings Thresholds

By BrownWinick | 09.24.2019
Today, the U.S. Department of Labor (DOL) released its final rule, updating earnings requirements for exempt treatment under the Executive, Administrative, and Professional (or "EAP") exemptions of the Fair Labor Standards Act ("FLSA"). Under the final rule: The salary level requirement under the EAP exemptions will rise from $455 a week (or... Read More

Claiming Color as Part of a Trademark

By David Breiner | 09.19.2019
A trademark is a symbol used in commerce to identify a source of goods and services. This symbol often takes the form of a logo, word(s), and/or phrase. Trademark protection comes from using a trademark in commerce. However, trademark protection may be enhanced by filing the trademark with the United States Patent and Trademark Office (USPTO). A... Read More

I-9 Checkup: Everything Old is New... for Now.

By BrownWinick | 08.28.2019
United States Citizenship and Immigration Services (USCIS) announced this week that until further notice, employers should continue using the Form I-9 currently bearing expiration date of 8/31/2019, even after the expiration date has passed. The agency will provide updated information about the new version of the Form I-9 as it becomes available.... Read More

Bankrupt with Bygone Rights: Supreme Court Tackles Tough Trademark Issue

By Jordan Meggison-Decker | 08.22.2019
Article written by BrownWinick 2019 Summer Associate, Mackensie Graham, and BrownWinick attorney, Jordan Meggison-Decker In a recent Supreme Court case that bridged the areas of law between intellectual property, contracts, and bankruptcy, trademark licensees came away with a win. To best understand the May 2019 decision in Mission Product... Read More

Defining Harassment in a New York State of Mind

By BrownWinick | 08.19.2019
On August 12, 2019, the state of New York officially expanded its protections on unlawful harassment in the workplace. Some of the key changes include the following: Elimination of the “severe” or “pervasive” standard. Employees only have to establish that they were subjected to “inferior terms, conditions or privileges of employment” as a result... Read More

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