BW INSIGHTS

DOL Independent Contractor Final Rule

By Danielle Smid | 01.31.2024

On January 9, 2024, the Department of Labor (DOL) released its Final Rule which changes the criteria for classifying independent contractors under the Fair Labor Standards Act (FLSA). The Final Rule is set to take effect on March 11, 2024, and rescinds the 2021 independent contractor rule, replacing it with an analysis that the DOL explains, is... Read More

Navigating the Legal Landscape: Smart Buildings in Commercial Real Estate

By Sheridan DeJong | 01.30.2024

In the rapidly evolving landscape of commercial real estate, the integration of smart building technologies has become a game-changer. Smart buildings leverage cutting-edge technologies to enhance efficiency, sustainability, and user experience. However, as these innovations become more prevalent, legal implications surrounding their... Read More

Government Relations Legislative Update - Week Three

By BrownWinick | 01.29.2024

Capitol Update General Assembly Update. The third week of session was hectic with 176 subcommittee meetings scheduled. We expect this pace to continue as the first major funnel is fast approaching. By February 16, all bills must be voted out of the Committee of origin. That means the bill must be filed, subcommittee assigned, passed subcommittee,... Read More

Government Relations Legislative Update - Week Two

By BrownWinick | 01.22.2024

Capitol Update The second week of session picked up speed following Monday’s caucus events. On Wednesday the first “floor work” for the session was conducted. Both the House and Senate passed resolutions, SR 102 and HR 102, to recognize the term “brain health” as a term that may be used synonymously with the terms mental health, mental illness and... Read More

Remembering Marvin Winick: A Legacy of Leadership at BrownWinick

By BrownWinick | 01.19.2024

It is with heavy hearts that we bid farewell to Marvin Winick, a named partner at BrownWinick, who passed away on Wednesday at his winter home in Rancho Mirage, California. Marvin's legacy is deeply woven into the firm, leaving a lasting mark on both colleagues and the legal community at large. Marvin was a 1951 graduate of Des Moines North High... Read More

Summary of 8th Circuit Opinion in Animal Legal Defense Fund v. Reynolds

By Zoe S. Wissler | 01.19.2024

The United States Court of Appeals recently ruled on the constitutionality of Iowa’s ag gag law, providing clarity on whether the scope of 2019 amendments to the law are unconstitutional under the First Amendment. Iowa’s ag gag laws prohibit (1) accessing an agricultural production facility by false pretenses and (2) making a false statement or... Read More

Government Relations Legislative Update - Week One

By BrownWinick | 01.16.2024

Capitol Update Iowa lawmakers returned to Des Moines on Monday to convene the second legislative session of the 90th General Assembly.  General Assemblies run in two-year cycles.  The second session is the shorter of the two, with the goal of sine die by April 16 this year.  Bills that were declared “dead” in the first session (2023) may be... Read More

Employee Retention Credit Withdrawal Process and Voluntary Disclosure Program

By BrownWinick | 12.21.2023

The Employee Retention Credit (the “ERC”) is a refundable tax credit against payroll taxes that was created under the CARES Act to help employers and employees affected by the COVID-19 pandemic by encouraging employers to keep employees. In short, the ERC could be claimed if there was a significant decline in gross receipts over certain periods, a... Read More

December 13, 2023 REC Summary

By BrownWinick | 12.15.2023

The Revenue Estimating Conference (“REC”) comprised of a three-member panel (Kraig Paulsen, David Underwood, and Jennifer Acton) met Wednesday (12.13.23) as part of their standard schedule of meetings to estimate future state revenues. A summary of the information discussed during the meeting is below, along with the linked spreadsheet distributed... Read More

IP Considerations For Crowdfunding of Inventions

By Jonathan B. Soike | 12.14.2023

Crowdfunding is becoming an increasingly popular option for some startups to raise capital for the initial manufacturing run for new inventions. Crowdfunding is a financing method that seeks to solicit money from a large number of individuals online to fund, for example, the production of various products or content, or various charitable causes.... Read More