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Katherine Carlucci

Government Relations Report: First Funnel Week Edition

This week marked the first major procedural deadline of the session, commonly referred to as the “funnel.” By March 8, House bills must have been voted out of a House committee and Senate bills must have been voted out of Senate…more

Gun Laws, Proposed Legislation, Red Light Cameras, Stand Your Ground Laws, State Budgets

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Lori Chesser

Affidavit of Support (I-864) Enforceable Despite Pre-Nup, Divorce and Potential Marriage Fraud per California Court

Most people who immigrate through family sponsorship (and a few that immigrate through employment sponsorship) must have a sponsor that agrees to make sure they do not rely on public benefits. This sponsorship is accomplished…more

Divorce, Fraud, Prenuptial Agreements

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Sarah Crane

Failure to Provide COBRA Notice May Not Result in Penalties

Occasionally employers who act as the plan sponsor of a group health plan discover that they have neglected to send a “COBRA notice” to an employee who has been terminated. Recent Federal Court decisions within the Eighth…more

COBRA, Healthcare, Penalties

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Bev Evans

Securities Implications Involved In Raising Money for Your Business

Securities regulation in the United States followed several centuries of regulation in England. Brokers were licensed in England as early as 1285. All such regulation was aimed at the curtailment of dubious money-raising…more

Funding, Private Offerings, Securities Act of 1933, Small Business, Startups

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Susan J. Freed

Health Law Blog: County Government Settles Alleged HIPAA Violations

A small county in Washington has agreed to pay $215,000 to settle allegations that it violated HIPAA by failing to secure electronic protected health information. Skagit County maintained protected health information (“PHI”) of…more

Data Breach, Data Protection, EHR, Governmental Liability, Healthcare

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Marina Grabchuk

H-4 Visa Holders May Soon Be Authorized To Work in the U.S.

On April 7, 2014, the White House made an exciting announcement about a proposal to grant employment authorization to spouses of H-1B workers. The Department of Homeland Security (DHS) has been working on amending its…more

DHS, H-1B, H-4 Spouses, Hiring & Firing, Visas

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Emily E. Harris

Google's Nest Acquisition Has Much To Do With Patents

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? …more

Acquisitions, Google, Patents, Startups

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Christopher James

Tax Law Blog: Fiscal Cliff Deal Adjusts Capital Gain Rates and Qualified Dividend Rates

In order to avoid the dreaded fiscal cliff, Congress passed an eleventh hour “fix” titled, “The American Taxpayer Relief Act of 2012” (“TATRA”). Bill Watterson’s character Calvin, from Calvin and Hobbs, once stated, “A good…more

American Taxpayer Relief Act, Capital Gains, Dividends, Fiscal Cliff

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Becky Knutson

Employment Law Blog: The Continuing Saga of the NLRB Recess Appointments and Fallout

On January 25, 2013, the United States Court of Appeals for the D.C. Circuit published an opinion in Noel Canning v. National Relations Board, Case No. 12-1115. The case arose out of a dispute between employer Noel Canning, a…more

Barack Obama, Canning v NLRB, Collective Bargaining, NLRA, NLRB

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Gene La Suer

Key Takeaways - Work Safe: Preventing Injuries and Workplace Violence

As a follow up to my session “Work Safe: Preventing Injuries and Workplace Violence" at the recent Employment Law Seminar, I’ve put together what I feel to be two key takeaways from the presentation. 1) Workplace…more

Safety Precautions, Workplace Injury, Workplace Violence

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Jana M. Luttenegger

DIY Will is a 'Cautionary Tale'

The Florida Supreme Court Case of Aldrich v. Basile may serve as a cautionary story that online pre-printed forms that allow a user to essentially fill in the blank may not address the specific needs of the individuals using the…more

Estate Planning, Forms, Wills

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Sharon Malheiro

Employment Law Blog: What does the DOMA ruling mean for employers?

Today the United States Supreme Court ruled, in United States v. Windsor, that the federal Defense of Marriage Act (DOMA) that prohibited the federal government from recognizing same-sex couples who are legally married in their…more

Discrimination, DOMA, Employee Benefits, Equal Protection, FMLA

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Jodie Clark McDougal

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

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…more

Abandoned Property, Eviction, Landlords, Mobile Homes

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Ann Naffier

Iowa Immigration Law Blog: Citizenship and Immigration Services Clarifies Immigration Benefits for Same-Sex Couples

As almost everyone now knows, on June 26, the U.S. Supreme Court overruled Section 3 of the Defense of Marriage Act (DOMA). On the immigration front, this means that a U.S. Citizen same-sex spouse who is married to a non-citizen…more

DOMA, Lawful Permanent Residents, Permanent Residence Cards, Same-Sex Marriage

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Amy Piepmeier

OCR to Resume HIPAA Audits. Get Ready Now!

In a Feb. 24 notice in the Federal Register, the HHS's Office for Civil Rights (OCR) announced its intention to resume its HIPAA Audit Program. By and large, the audit program has been inactive since December 2012, when OCR…more

Audits, HHS, HIPAA, OCR

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Jason Ross

Tax Law Blog: The Impact of FATCA

The U.S. government loses an estimated $150 billion in revenue each year from offshore tax shelters. The Foreign Account Tax Compliance Act (FATCA), which became law in March 2010, is designed to prevent tax evasion by U.S…more

FATCA, FBAR, FFI, IGAs, Income Taxes

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Elizabeth Shoemaker

USCIS to Reopen All I-601A Waiver Applications Denied before January 24, 2014 Based on a Criminal Offense

On March 18, 2014, USCIS announced that it would be reopening all I-601A waiver applications that were denied prior to January 24, 2014, if the denials were based solely because of a prior criminal offense committed by the…more

Immigrants, USCIS, Visas, Waivers

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Thomas Stanberry

Government Relations Report: First Funnel Week Edition

This week marked the first major procedural deadline of the session, commonly referred to as the “funnel.” By March 8, House bills must have been voted out of a House committee and Senate bills must have been voted out of Senate…more

Gun Laws, Proposed Legislation, Red Light Cameras, Stand Your Ground Laws, State Budgets

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Courtney A. Strutt Todd

Can the Iowa Department of Revenue Really Garnish 100% of My Wages?

The short answer: YES. Iowa Code § 422.26 allows the Iowa Department of Revenue to obtain a lien over a taxpayer for any tax and penalties imposed for failure to properly pay taxes and to proceed to collect all such taxes and…more

Debt Collection, Department of Revenue, Liens, Wage Garnishment

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Margaret Van Houten

Digital Assets Development: IRS Characterizes Bitcoin as Property, Not Currency

On Tuesday, the IRS issued Notice 2014-21, in this Notice, the service announced that it would treat Bitcoin or other virtual currency as property for tax purposes. The IRS reasoned since the virtual currency is not regulated by…more

Bitcoins, IRS, Property Tax, Virtual Currency

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Michele Warnock

Employment Law Blog: Students, Employees and Assaults: Parallels Between Academic and Employer Requirements

Is it simply “human nature”? University of Iowa President Sally Mason is under scrutiny for her comments regarding a recent sexual assault reported to the university. Mason’s remarks were interpreted by portions of the student…more

Educational Institutions, EEOC, Harassment, Sexual Assault, Workplace Violence

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Jo Ellen Whitney

The NLRB Weighs in Again on Civility - Civility Loses

A lot of people are available to tell you how to best utilize social media, Twitter, Facebook, LinkedIn and other platforms to promote your brand, to promote yourself or even just the best way to share pictures of your cats. …more

Confidentiality, Employee Handbooks, Employee Rights, Employer Liability Issues, NLRB

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