BW INSIGHTS

Do You Have Insurance for Lost Business Due to COVID-19?

Unless you are extraordinarily fortunate, your business will surely see a drop in revenue due to the economic slowdown caused by the virus. Do you have insurance coverage for this? Past world events such as the Ebola outbreak, 9/11 and hurricanes can provide some guidance. Rest assured, however, that insurance companies will be inundated with... Read More

Material Adverse Effect Clauses and COVID-19

Material Adverse Effect (“MAE”) clauses are frequently found in merger and acquisition (“M&A”) agreements. Most typically, MAE clauses are incorporated as a closing condition that permits a buyer to terminate the agreement if the seller has had an MAE between the signing of the agreement and the closing of the transaction. In general, the... Read More

Shareholder Meetings Amidst COVID-19

UPDATE: On March 31, 2020, Iowa Governor Kim Reynolds issued a proclamation allowing physical meetings of shareholders, policyholders, members, etc. to be held by means of remote communication to the extent that the attendees are provided a reasonable opportunity to participate, communicate, read or hear the proceedings, and vote on matters... Read More

Discussing Layoffs or Other Cost-Saving Measures? Hit the Pause Button.

As the COVID-19 pandemic continues to evolve, employers everywhere are being forced to consider layoffs, furloughs, and other alternatives. However, if your business finds itself in a similar situation, you might consider hitting the pause button. Late Wednesday evening, the Senate passed the Coronavirus Aid, Relief, and Economic Security (CARES)... Read More

Biennial Report Deadline Extended

All entities organized under Iowa law or registered to do business in Iowa are required to file biennial reports with the Iowa Secretary of State. These reports are typically due by April 1 of the year in which they are due. Corporations file biennial reports in even-numbered years, while LLCs, partnerships, and non-profits file in odd-numbered... Read More

Event Cancellations as a Result of COVID-19? Check Your Contracts!

With extreme social distancing requirements in place across Iowa and the United States, it is clear that COVID-19 will have an impact on our lives for weeks to come. Cities, schools, and universities alike have cancelled scheduled events — and more and more cancellations are still to come. But what if your organization has booked a venue, caterer,... Read More

Aircraft Dry Lease Checklist

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

Checklist for Forming an Iowa LLC

If you have decided that forming an LLC is the right choice for your business, trying to figure out what exactly must be done can be a confusing process. The list below serves as a general checklist for forming an Iowa LLC. Step 1: Filing the Certificate of Organization The first step in forming the LLC is filing a Certificate of Organization with... Read More

SEC Attempts to Modernize How Businesses Raise Capital

In 2017, new rules regarding certain exemptions from securities registration requirements are going into effect, adopted by the Securities and Exchange Commission (the “SEC”) on October 26, 2016, as the SEC attempts to modernize how businesses raise capital. You should take note of these changes: Amendments to Rule 504 of Regulation D under the... Read More