New study shows divorce may be harder on men

Family Law

A study recently published in the Journal of Men’s Health showed that men actually have a harder time following a divorce, opposing the oft-held belief that women take divorces the hardest. According t…

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Hard Market Creates Insurance Concerns

Auto Dealer Law

Due in large part to the many natural disasters in the past several years, the insurance industry has shifted from a soft market to a hard market. Generally, a soft market provides wider coverage, lower premiums, and lower credit standards. Today’s…

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Two-Tier Pricing Hidden by Incentives

Auto Dealer Law

The Program: Over the last decade, manufacturers have attempted to standardize each customer’s buying experience by requiring consistent brand imaging for dealerships. Thanks to favorable franchise laws in Iowa, manufacturers generally can…

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Iowa Supreme Court Defines “Oppression:” Lessons for Closely Held Corporations—Including Auto Dealers

Auto Dealer Law

Under Iowa law, a court can order the dissolution of a corporation if the minority shareholder can prove oppression. If the company dissolves, the minority shareholder will receive their appropriate share of the company’s assets. In addition, the I…

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Factory Facilities Programs: NADA Report Phase 2 in Summary

Auto Dealer Law

NADA recently completed its research project regarding factory facilities programs, and, using a case study approach, it reconfirmed many of the findings of Phase 1. However, Phase 2 also focused on “the dealership of the future.” It outlined the…

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Attention Business Owners: You May be Eligible for the New Iowa Tax Credit!

Auto Dealer Law

The Iowa legislature recently enacted the Business Property Tax Credit. The credit will allow commercial-property owners to cut down on the property taxes in 2013 that will be payable in the fall of 2014 or the spring of 2015. This credit will apply …

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Legal Custody? Physical Care? Both?

Family Law

This conversation happens in the majority of my intakes of custody or divorce clients: the potential client will say he or she wants sole custody, but when pressed, the client has a vague understanding of what that means. Sometimes the understanding …

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Defining Good Faith in Iowa Automotive Franchise Law

Auto Dealer Law

In 2010, the Iowa legislature passed S.F. 2234, which added a new section to the Iowa Motor Vehicle Franchisers law (Iowa Code § 322A.18) (the “Act”) regarding a duty of good faith. The new section says: “A franchise imposes on the party a dut…

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AN ARGUMENT IN FAVOR OF PROTECTING CELLPHONES FROM BEING SEARCH BY POLICE OFFICERS

Uncategorized

The United States Supreme Court has yet to consider whether the Search Incident to Arrest exception to the Fourth Amendment’s warrant requirement applies to searches of cellphones, I-Pads, Laptops and other “smart” devices seized pursuant to a …

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Probate In Iowa: Nine Basic Questions and Answers

Trusts/Estates/Probate

In more than two decades of practice, I’ve found that there are some frequently asked questions about probate in Iowa. I provided answers to 9 of the most common questions in one of the first posts at my Iowa Planning and Probate blo…

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