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Legal Issues

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Iowa Utilities Board/Dakota Access Pipeline hearing Thursday - October 5, 2015

A hearing on Thursday, October 8, 2015, at 9:30 a.m. at the Cherokee County District Court will establish whether an Iowa court has an immediate right to hear arguments about whether Dakota Access will have the power of eminent domain. The hearing will also determine if three Iowa landowners' lawsuit against the Iowa Utilities Board will continue to move forward. Read More »


Iowa landowners file lawsuit against Iowa Utilities Board - July 27, 2015

On Monday, July 27, Bill Hanigan of the Davis Brown Law Firm and Richard A. Cook of Herrick, Ary, Cook, Cook, Cook, & Cook filed a lawsuit on behalf of three Iowa landowners against the Iowa Utilities Board (IUB). Read More »


USCIS update on EAD for DACA recipients - July 23, 2015

U.S. Citizenship and Immigration Services recently shared important information for DACA recipients who received a three-year Employment Authorization Document (EAD) after February 16, 2015. Read More »


Reg A+ Changes Finalized - April 21, 2015

On March 25, 2015, the SEC adopted final rules to amend Regulation A in order to fulfill the JOBS Act mandate to expand the availability of the registration exemption under Regulation A. The final Reg A+ rules will become effective 60 days after publication in the Federal Register (anticipated effective date of June 2015). Read More »


Political Ads Give Lesson On Copyright Infringement - November 3, 2014

With Election Day nearly here, the end of political ad season is finally upon us. As Iowans know, these days you can't use the TV, Internet or radio without being bombarded with ads telling you why you should vote for a particular candidate or, more commonly, what's wrong with the candidate's opponent. Read More »


Iowa Court of Appeals Rejects Argument to Impose Implied Warranty upon Land Developers - June 17, 2014

On April 16, 2014, land developers and sellers breathed a sigh of relief after the Iowa Court of Appeals ruled that a purchaser of a residential building lot cannot sue the land developer for perceived deficiencies with the excavation and dirt work performed. Read More »


Google's Nest Acquisition Has Much To Do With Patents - January 27, 2014

The news of Google's acquisition of Nest Labs for $3.2 billion cast a spotlight on an ongoing debate in startups: Should they bother to seek patents to protect their inventions or not? Read More »


Dealing with Abandoned Mobile Homes Without Utilizing the Courts: The 60-Day Election by a Landlord - January 20, 2014

Many times, landlords of manufactured housing communities utilize the courts when dealing with tenants they want to evict and abandoned mobile homes. However, there is an alternative method to deal with abandoned mobile homes that have value (and are not being foreclosed upon by a lien holder). Under Iowa Code section 648.22A, landlords can make a 60-day election. Read More »


Questionable Provisions Included in Residential Leases: Landlords Must be on Alert After the Staley v. Barkalow Case - January 13, 2014

In May of 2013, the Iowa Court of Appeals entered a decision in the Staley v. Barkalow case, which involved a group of various tenants who affirmatively sued their landlord over the content of their lease agreements. Read More »


Service Dogs And Emotional Support Animals: Man's Best Friend Becomes A Landlord's Biggest Headache - January 6, 2014

Landlords in Iowa and elsewhere have been facing, with increasing frequency, difficult questions regarding man's best friend. While landlords must analyze each request by an existing or prospective tenant regarding the need for a dog on a case-by-case basis, landlords should consider the following general principles as a starting point to their analysis. Read More »


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