TERM IN REVIEW - August 2021 V81 N7 IOWA LAWYER
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THE
IOWA LAWYER
August 2021 V81 N7
2020-2021 SUPREME COURT
TERM IN REVIEW PAGE 6
ALSO IN THIS ISSUE
CHANGES TO THE IOWA BUSINESS
CORPORATION ACT
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SUCCESSION PLANNING GUIDE
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Table of Contents
THE OFFICIAL PUBLICATION OF
THE IOWA STATE BAR ASSOCIATION
GENERAL INQUIRIES
isba@iowabar.org or 515.243.3179
EDITORIAL TEAM
Editor-in-Chief Copy Editor
Melissa Higgins Steve Boeckman
mhiggins@iowabar.org sboeckman@iowabar.org
515.697.7896 515.697.7869
THE IOWA LAWYER
(ISSN 1052-5327) is published monthly, except for
the combined December-January issue, by The
Iowa State Bar Association, 625 East Court Ave.,
Des Moines, IA 50309-1904. One copy of each is-
sue is furnished to association members as part
of their annual dues. Non-member subscription
rates are $40 per year. Periodicals postage paid at
Des Moines, Iowa.
POSTMASTER
CONTENTS
Send address changes to The Iowa Lawyer Mag-
azine, 625 East Court Avenue, Des Moines, IA,
50309-1904. Members can contact the member-
ship department to change their addresses by
emailing membership@iowabar.org.
PRINTER
The Iowa Lawyer Magazine is printed by Mittera
Iowa, 10776 Aurora Avenue, Des Moines, IA, 50322.
Telephone 515.270.0402. Design and Production: Volume 81
Mittera Iowa. Number 7
ADVERTISING August 2021
CLASSIFIED. Qualifying ISBA members receive
two free non-job listings annually as a mem-
ber benefit. Members should contact the ISBA
Communications Department for ad placement:
communications@iowabar.org. For Career Center
FEATURES IN BRIEF
postings, visit http://careers.iowabar.org/ 6 A statistical review of the 2020-2021
Iowa Supreme Court Term
4 Judge Badding appointed to fill vacancy
on Iowa Court of Appeals
DISPLAY. Display advertising in The Iowa Law-
yer Magazine is handled by Larson Enterprises,
909 50th Street, West Des Moines, IA, 50265. For
8 Iowa Business Corporation Act:
The first comprehensive revision in
4 Supreme Court spends summer in
administrative term
display advertising and non-member classified over 30 years
ad rates, contact Alex Larson at 515.238.4406 or
alex@larsonent.com. 11 Secretary of State Business Services
COLUMNS & CLE INFO
2021 Legislative Update
SUBMISSIONS
The Iowa State Bar Association seeks to publish 14 Strategic coping mechanisms for the
original articles that advance the education, com- modern lawyer 5 President’s Letter: Lessons learned
petence, ethical practice and public responsibility
of Iowa lawyers. Members are encouraged to sub- 15 ISBA wins Harrison Tweed
Award for providing legal services 21 Transitions
mit articles to the editor for possible publication. to underserved
Submissions should be no longer than 1,500 words, 23 CLE Calendar
although exceptions can be made. Footnotes 16 Your field guide to ransomware 24 Bridge the Gap Seminar
should be kept to a minimum. Include a short bio
of the author(s) and professional photo(s) when 18 Succession Planning Guide is latest
submitting. NOTE: Not all submissions are guar-
ISBA resource for Iowa’s aging 25 In Memoriam
attorney population
anteed publication. The editors and bar leaders
25 Kudos
review all submissions to make a determination of 19 Judge Richard Doyle to retire after 13
suitability for publication. Email all submissions to
mhiggins@iowabar.org in Microsoft Word format.
years on the Iowa Court of Appeals
27 Corporate Counsel & Trade
Regulation Seminar
STATEMENTS OR OPINIONS
22 The ISBA YLD Diversity Pledge:
Consider volunteering with the
The statements and opinions in this publication NAACP 28 Classifieds
are those of the authors and not necessarily those
of The Iowa State Bar Association. Readers should 26 Combining passions: ISBA member 30 Spotlight on Service: Bill Hughet
explores genealogy while writing
consult original sources of authority to verify ex-
actness. Advertising in this publication does not
fiction novel 30 Federal Practice Primer
constitute endorsement of a product or service
unless specifically stated.
AUGUST 2021 THE IOWA LAWYER 3
In Brief The Iowa State Bar Association
625 East Court Avenue, Des Moines, Iowa, 50309-1904
Main: 515-243-3179 Fax: 515-243-2511
www.iowabar.org isba@iowabar.org
JUDGE BADDING APPOINTED TO PRESIDENT
Anjela Shutts Des Moines 515-288-6041 shutts@whitfieldlaw.com
FILL VACANCY ON IOWA COURT PRESIDENT-ELECT
Henry Hamilton III W. Des Moines 414-403-9082 hhamil3@aol.com
OF APPEALS VICE PRESIDENT
Ian Russell Davenport 563-333-6625 irussell@l-wlaw.com
On July 22, Gov. Kim Reynolds announced her SECRETARY
Dwight Dinkla Des Moines 515-697-7867 ddinkla@iowabar.org
appointment of Gina Badding to the Iowa Court of
IMMEDIATE PAST PRESIDENT
Appeals. Badding, of Carroll, serves as a district Jerry Schnurr III Ft. Dodge 515-576-3977 jschnurr@schnurrlawfirm.com
judge in Judicial District 2B. She was appointed to DISTRICT GOVERNORS
the district court bench in April 2019. DISTRICT 1A
Chris Even Dyersville 563-875-9112 ceven@locherlaw.com
Judge Badding previously prac- Daniel Fretheim Decorah 563-382-2959 dan.fretheim@andersonlawdecorah.com
DISTRICT 1B
ticed law with Neu, Minnich, Laura Folkerts Waterloo 319-234-4471 lfolkerts@duttonfirm.com
Comito, Halbur, Neu & Badding, Heather Prendergast Waterloo 319-234-4600 heather@neialaw.com
P.C., in Carroll. She also previ- DISTRICT 2A
Parker Thirnbeck Mason City 641-423-4181 pthirnbeck@spd.state.ia.us
ously worked as a staff attorney Megan Rosenberg Hampton 641-456-2555 mrosenberg@hobsoncadylaw.com
for the Iowa Court of Appeals. DISTRICT 2B
Badding received her undergrad- John Werden Carroll 712-792-3424 jwerden@eichlaw.us
Bethany Currie Marshalltown bethanycurrie@aol.com
uate degree from the University
DISTRICT 3A
Gina Badding of Iowa and her law degree from Jack Bjornstad Spirit Lake 712-332-5225 jack@bjornstad.legaloffice.pro
the University of Iowa College of Kevin R. Sander Estherville 712-362-7215 ksander@fitzgibbonslawfirm.com
Law in 2004. DISTRICT 3B
Maura Sailer Denison 712-263-4627 msailer@reimerlohmanreitz.com
Badding will fill the vacancy created by the upcoming James Daane Sioux City 712-252-2424 jdaane@maynelaw.com
retirement of Iowa Court of Appeals Judge Richard DISTRICT 4
DeShawne Bird Sell Glenwood 712-527-4026 deshawne@selllaw.com
Doyle of Des Moines. You can read more about his Deborah Petersen Council Bluffs 712-328-8808 deborah@petersenlawcb.com
career and upcoming plans in retirement on page 19 DISTRICT 5A
of this issue of the Iowa Lawyer magazine. Gilbert Caldwell III Newton 641-792-4160 gcaldwell@caldwellandbrierly.com
Miki McGovern Woodward 515-490-9081 MikiMcGovern50@gmail.com
The Iowa Court of Appeals is composed of nine judg- DISTRICT 5B
Andrew Zimmerman Corning 641-322-4712 andrew@nielsenzimmerman.com
es and decides appeals from district courts across DISTRICT 5C
Iowa. The other two nominees sent to the governor Maria Brownell Des Moines 515-246-0322 mbrownell@ahlerslaw.com
Joseph Happe Des Moines 515-288-2500 joe@happemediation.com
were Judge Joel Barrows, of Bettendorf, and Judge Nicholas Cooper Des Moines 515-558-0180 cooper@whitfieldlaw.com
Mary Chicchelly, of Cedar Rapids. Bridget R. Penick Des Moines 515-242-8902 bpenick@fredlaw.com
Stephanie L. Marett Des Moines 515-283-3179 slm@nyemaster.com
Donna Miller Des Moines 515-809-9699 dmiller@mzelaw.com
Kathleen Law Des Moines 515-283-3116 kklaw@nyemaster.com
Cindy Rybolt Des Moines 515-243-1193 crybolt@iowalaw.org
Joe Moser Des Moines 515-288-0145 jmoser@finleylaw.com
Stacey Warren Des Moines 515-414-8918 stacey@cashattwarren.com
SUPREME COURT SPENDS SUMMER William Miller
DISTRICT 6
Des Moines 515-283-1000 miller.william@dorsey.com
IN ADMINISTRATIVE TERM Erin R. Nathan
Melvin Shaw
Caitlin Slessor
Cedar Rapids
Coralville
Cedar Rapids
319-896-4013
319-337-7429
319-365-9461
enathan@spmblaw.com
law@melvinshaw.com
cls@shuttleworthlaw.com
Kristofer Lyons Monticello 319-462-3961 klyons@co.jones.ia.us
Chad Brakhahn Cedar Rapids 319-896-4002 cbrakhahn@spmblaw.com
DISTRICT 7
The Iowa Supreme Court began its administrative David J. Helscher Clinton 563-243-1243 dave.helscher@clintonnational.net
term on July 1. June 30 was the last day of the 2020- Julie Degen-Sprague Wilton 563-732-2666 jsprague@spraguelawpc.com
2021 adjudicative term, in which 121 cases were DISTRICT 8A
Rick Lynch Bloomfield 641-664-1997 lynchlaw@netins.net
submitted to the court. All opinions are now archived Mike Mahaffey Montezuma 641-623-5425 mwm_mahaffeylaw@zumatel.net
at www.iowacourts.gov/iowa-courts/supreme-court/ DISTRICT 8B
supreme-court-opinions/. Oral argument videos, case Tim Liechty Mount Pleasant 319-367-2251 bellortliechtylaw@gmail.com
briefs, attorney names and the Iowa Court of Appeals REPRESENTATIVES AND DELEGATES
Iowa Judges Association Liaison
decisions from further review cases can be found on John Wright Fort Madison John.Wright@iowacourts.gov
the Iowa Judicial Branch website by searching for the ABA Delegates
case name or number on the site’s search function. A Alan Olson Des Moines 515-271-9100 aoo@olson-law.net
David L. Brown Des Moines 515-244-2141 dlbrown@hmrlawfirm.com
statistical review of cases decided during the 2020-2021 Jane Lorentzen Des Moines 515-244-0111 jlorentzen@hhlawpc.com
adjudicative term appears beginning on page 6 of this Kay Oskvig Des Moines 515-288-6041 oskvig@whitfieldlaw.com
issue of the Iowa Lawyer. LEGISLATIVE COUNSEL TEAM
James Carney Des Moines 515-282-6803 carney@carneyappleby.com
During the administrative term, the court hears oral Doug Struyk Des Moines 515-282-6803 struyk@carneyappleby.com
Jenny Dorman Des Moines 515-282-6803 dorman@carneyappleby.com
arguments for attorney ethics cases, considers and
ISBA YOUNG LAWYERS DIVISION OFFICERS
disposes of applications for further review and focuses President Kristen Shaffer Coralville 319-365-9461 kas@shuttleworthlaw.com
on the operations of the judicial branch. The 2021-2022 President-elect Kyle Fry Muscatine 563-564-4982 Kyle.Fry@kentww.com
Secretary Dillon Besser Cedar Rapids 319-409-6575 dbesser@fightingforfairness.com
adjudicative term begins Sept. 1. Immediate Past President
Torey Cuellar Marshalltown 515-382-7255 toreycuellar@gmail.com
4 THE IOWA LAWYER AUGUST 2021
PRESIDENT’S LETTER
FROM ISBA PRESIDENT ANJELA SHUTTS
P
art of outreach is finding those days with anxiety – reading about the neighborhood who would come
interactions, experiences and rela- increasing number of COVID cases in exercise in our driveway or garage
tionships that connect us – like the the state of Iowa. I remember the fear we at 6:15 a.m. I would have never
conversations about where we were when felt when we learned our children had done this prior to March of 2020
we found out we had passed the bar been exposed and all of the work – thinking I was too busy or that I
exam or where we were on Sept. 11, 2001. undertaken to report and manage their had to go to the gym to exercise.
Certainly, the global pandemic ranks potential exposure. I missed seeing my 3. Humor is not just important – it is
right up there as a seminal moment of mom and other family members. I spent critical. There were moments I felt
universal experience and has dominated many nights worried about our kids and a lot of anxiety, but there were
conversation since its sudden inception. how this was affecting their education, some moments of real laughter.
Recently I was going through old their mental health and overall The memory of seeing Judge Terry
emails while looking for an email development. Rickers’ cat jump up on his com-
address, and I discovered an email I As things have settled into a new puter during a hearing will always
received from a colleague. The email normal, the Iowa Supreme Court
was from the end of February 2020 and, make me smile.
established a “Lessons Learned” task- 4. Grace is important not just for
at the time, we were working on an force to evaluate the future of COVID-
agenda for a meeting scheduled for others, but yourself. For example,
era judicial branch policies, or as Chief while I knew that parenting
March of 2020. A speaker suggested that Justice Christensen calls it, “the lemon-
she appear by Zoom and my colleague’s teenagers was going to be a
ade taskforce” (for making lemonade challenge, I had not anticipated
response to me was that he “had never out of lemons). As I was writing this
heard of it.” having to deal with having school
letter, I began thinking about my own cancelled, activities postponed and
Reflecting back on those early days of “lessons learned” since March 2020.
2020 made me think about how quickly discussions about who could be in
They would include the following: their “pod” to keep them safe. My
and drastically things changed over just 1. You are more flexible than you
a few short weeks. In full disclosure, best laid plans of having our girls
think you are. Before COVID, while on a routine soon went out the
none of my immediate family members I had heard of Zoom, I had rarely
became infected by COVID and neither window. School looked very
used it. DocuSign was not a part of
mine nor my husband’s employment different. I had to “check my
my vocabulary. Now I am proud to
were impacted. Outside of our personal baggage at the door” about this
report that I really do think I could
family experience, it is not an exaggera- and learn to be okay with it. I did it.
practice law 100 percent virtually.
tion to say that the practice of law But it was not pretty at times.
Thinking about how to be more
underwent a revolutionary change. From 5. Those moments that are not your
effective, efficient and more
the closure of courthouses, to interac- best are your opportunities to grow,
responsive to clients will always be a
tion almost exclusively online, things part of the practice of law. if you are willing to reflect on them.
changed quickly and the legal communi- 2. Change can bring about new As the bar association year begins,
ty had to adapt to a new normal. Prior to routines that make our lives better. I would love to hear your “lessons
March of 2020, if you had asked me Before March of 2020, between my learned” since March 2020. Our shared
whether I would ever try a case via video full-time practice, involvement in experiences, interactions and learnings
conference, I would have laughed at you. bar and community activities, my during an unprecedented time in our
I think back to those days – sometimes husband’s job and our kids’ world are those that will connect us for
with fondness. I loved eating dinner with schedules, my family and I were years to come.
my family every night. One week we even always moving. I never had a day
had a cooking contest to see which where I was home – all day. Like
Anjela “Anjie” Shutts
family member could make the best many of you, the pandemic brought Whitfield & Eddy, P.L.C.
dinner (the contest included a score for about not just days at home, but Shutts@whitfieldlaw.com
cleanest kitchen!). I loved all of the weeks! To be honest, at first this (515) 288-6041
movies I shared with my kids during was a huge challenge for me. But
that time. My family discovered “Ted then I learned new routines. My
Lasso.” But I also think back to those “pod” included other moms in the
AUGUST 2021 THE IOWA LAWYER 5
A STATISTICAL REVIEW OF THE 2020-2021
IOWA SUPREME COURT TERM
THE MANY ALIGNMENTS OF THE CHRISTENSEN COURT
By Matthew A. McGuire
The Iowa Supreme Court experienced an extended This term marked a relatively successful year for the Iowa
period of stability between the 2010-2011 term and the Court of Appeals, as the supreme court affirmed the court of
2017-2018 term. With no turnover among the justices, the appeals on 46 percent of cases, reversed on 38 percent of
court’s divided opinions were frequently aligned with three cases and rendered a mixed opinion affirming in part and
justices on one side, three justices on another and Chief reversing in part in 16 percent of cases. In prior recent terms,
Justice Mark Cady providing the deciding vote. This pattern the court of appeals’ decisions were upheld on only 20-30
characterized all 21 of the court’s 4-3 decisions in the percent of cases.
2016-2017 term, for example.
The arrival of four new justices to the court between
September 2018 and April 2020 has disrupted the court’s REVERSAL RATES: COURT OF APPEALS
previously durable patterns of alignment. The recently
70
concluded 2020-2021 term was the first full term for the court
as it is currently composed. In contrast with prior terms, where 60
many justices agreed with one another very frequently or very
infrequently on cases with non-unanimous opinions, this term 50
most justices agreed with their colleagues between 40 and 70
percent of the time. The alignments, or which justices agreed 40
with which other justices, shifted from case to case as well. The
30
results of this term suggest that the predictable justice align-
ments of the last decade are a thing of the past. 20
Opinions by the numbers 10
The Iowa Supreme Court decided 119 cases by opinion last
0
term. This is a substantial increase from last term, when the 2020-2021 Term 2019-2020 Term 2018-2019 Term 2017-2018 Term
court decided 102 cases by opinion, and the 2018-2019 term,
Affirm Reverse Mixed
when the court decided 108 cases by opinion. Including
concurring and dissenting opinions, the justices published a
total of 181 opinions. This number is consistent with the Justice Appel authored the most opinions with 41, includ-
general trend of increasing concurring and dissenting ing 18 dissenting opinions and nine concurring opinions.
opinions over the last decade. Justice McDonald authored 30 opinions, including seven
Fifty cases each came to the court by way of further review dissenting opinions and five concurring opinions. Three
and direct appeal, making up 84 percent of the total cases. justices—Justices Appel, McDonald and McDermott—ac-
The court heard seven cases on interlocutory appeal, one counted for nearly 80 percent of the court’s concurring and
case on certiorari, two cases on certified questions and nine dissenting opinions this term.
attorney discipline cases. These proportions are consistent
with prior terms.
Stephen J. Powell
Mediation Services
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in Civil Litigation on behalf of both Waterloo, Iowa 50701
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6 THE IOWA LAWYER AUGUST 2021
Stephen Powell AD.indd 1 10/3/14 12:17 AM
Frequency of agreement percent of the time, in keeping with Justice McDonald on fewer than half
Like any term, the justices were in statistical trends from prior terms. of divided opinions.
agreement most of the time. Of the 119 But besides Justices Waterman and Perhaps no justice embodies the
cases decided by opinion this term, Mansfield, no other pair of justices shifting alignments of the current
84—or 71 percent—were unanimous. agreed with each other more than 77 court more than Justice Oxley. In
When looking at the court’s divided percent of the time. This is unusual. For cases with non-unanimous opinions,
opinions, a few patterns do emerge. example, during the 2018-2019 term, Justice Oxley agreed with no other
Justice Appel was most likely to disagree then-Justice Christensen agreed with justice more than 71 percent of the
with his colleagues. Justice Appel agreed Justice Waterman 92 percent of the time time and no fewer than 40 percent of
with no other justice more than 40 and with Justice McDonald 90 percent of the time. But this was not a situation
percent of the time in non-unanimous the time. This term, Chief Justice where Justice Oxley was the pivotal
opinions. Justices Waterman and Mans- Christensen agreed with Justice Water- swing vote in a divided court. She
field agreed with each other over 91 man only 63 percent of the time and with appeared in the majority on fewer
than two-thirds of 4-3 opinions—less
frequently than two of her colleagues
TOTAL OPINION AUTHORSHIP and virtually as often as Justices
McDonald and McDermott.
Total Majority Concurring Dissenting
Appel 41 14 9 18
Waterman 22 20 1 1
Justice alignments in 4-3 opinions
Mansfield 23 18 2 3 This most recent term featured 11
Christensen 18 13 3 2 cases decided on a 4-3 basis, repre-
McDonald 30 18 5 7 senting just nine percent of all
Oxley 15 14 0 1 written opinions. Justice Waterman
McDermott 25 15 2 8 was most frequently in the majority,
Per Curiam 7 7 agreeing with the opinion of the
TOTAL: 181 119 22 40
court nine of 11 times. And it was
Chief Justice Christensen, not Justice
Appel, who found herself in the
FREQUENCY OF MAJORITY OPINIONS IN 4-3 CASES majority the least in 4-3 opinions.
The chief justice was in the majority
Christensen Appel Waterman Mansfield McDonald Oxley McDermott for only three of the 11 closely
In Majority1 3 4 9 8 7 7 6 divided cases.
In Dissent2 8 7 2 3 4 4 5 There was no consistent voting
Total 11 11 11 11 11 11 11
% in 27% 36% 82% 73% 64% 64% 55%
“bloc” of justices in 4-3 cases
Majority this term. Instead, the 11 closely
1
Includes special concurring opinions where the author concurs in the result reached by the Court. divided cases featured six different
2
Includes opinion that concur in part and dissent in part. voting alignments, with only one
alignment of justices—Justices
Waterman, Mansfield, McDonald
JUSTICE ALIGNMENTS IN 4-3 CASES and Oxley—appearing more
than twice in such cases.
Alignment Frequency
Waterman – Mansfield – McDonald – Oxley 4
Conclusion
Christensen – Waterman – Mansfield – McDermott 2
The 2020-2021 term shows
Appel – McDonald – Oxley - McDermott 2 that the Iowa Supreme Court’s
Waterman – Mansfield – McDonald – McDermott 1 current composition is one whose
Christensen – Appel – Waterman – McDermott 1 divided opinions can be difficult to
Appel – Waterman – Mansfield – Oxley 1 predict on a case-by-case basis. In
contrast with previous terms, the
justices found a variety of different
AGREEMENT AMONG CURRENT JUSTICES: NON-UNANIMOUS OPINIONS ways to count to four.
APPEL WATERMAN MANSFIELD MCDONALD OXLEY MCDERMOTT
CHRISTENSEN 37% 63% 69% 46% 57% 77%
Matthew A. McGuire is an attorney at Nyemaster
Goode, P.C. in Des Moines, where his practice
APPEL 27% 19% 19% 40% 31% encompasses commercial litigation, intellectual
property litigation and antitrust matters. McGuire
WATERMAN 91% 55% 69% 58% is a 2013 graduate of Duke University School of
Law and clerked for Judge James E. Gritzner in the
MANSFIELD 64% 71% 56% United States District Court for the Southern District
of Iowa. He is an editor and contributor to On Brief:
MCDONALD 71% 58% Iowa’s Appellate Blog, which provides discussion on recent decisions
and news from Iowa’s appellate courts and provides public access to
OXLEY 51%
Iowa Supreme Court briefings.
MCDERMOTT
AUGUST 2021 THE IOWA LAWYER 7
IOWA BUSINESS CORPORATION ACT
THE FIRST COMPREHENSIVE REVISION OF IOWA’S
CORPORATION STATUTE IN OVER 30 YEARS
Willard L. Boyd III, David S. Walker, Drake
Nyemaster Goode, P.C. University Law School
A new Iowa Business Corporation Act was or editorial changes that are clarifying and The new Act provides that unless the bylaws
enacted this year. Like Iowa’s current Act, the adds important and useful provisions based require a meeting of shareholders be held at a
legislation (HF 844) is based on the Model on developments in corporate law around the place, the board of directors may determine
Business Corporation Act (“MBCA”) devel- United States. The Corporate Laws Commit- that any meeting of the shareholders need not
oped by the Corporate Laws Committee of tee of the Business Law Section of The Iowa be held at any place and may instead be held
the American Bar Association. State Bar Association met over a three-year solely by means of remote communication,
The MBCA is the basis for the corpo- period to work on proposed legislation provided that the corporation implements
ration statutes in the majority of states. for Iowa that resulted in the new Act. measures to: (1) verify that each person
Various updates to the MBCA have Below are some of the highlights of the new participating remotely as a shareholder is a
occurred from time to time and Iowa Act: shareholder; and (2) provide that sharehold-
has adopted amendments to the Iowa 1. Remote-only meetings of shareholders. ers have a reasonable opportunity to partici-
Business Corporation Act as a result. The new Act includes a provision allowing for pate in the meeting, including an opportunity
In 2016, the ABA Corporate Laws Com- remote-only shareholder meetings. The to communicate, and to read or hear the
mittee published a new edition of the MBCA. current Act does not include such a provision. proceedings substantially concurrently with
It is the first comprehensive revision since During the past 15 months in which the such proceedings, and to vote on matters.1
1984 (which Iowa adopted in 1989). The 2016 nation has experienced a pandemic, Iowa The new Act also amended other Iowa
edition is in part a restatement of the MBCA business corporations have had to rely on the entity statutes, including Iowa’s nonprofit
that includes all amendments made since the governor’s emergency proclamations to corporation statute, cooperative statutes and
previous edition, but it also makes stylistic conduct remote-only shareholder meetings. insurance statutes, to allow for virtual-only
member or policyholder meetings.2 The
remote-only meeting provisions for the
HDHADVISORS
different types of entities (including business
corporations) became effective upon
enactment of the new Act.3
2. Ratification of defective corporate
Offering business appraisal, financial advisory, litigation support and actions. From time to time, a corporation may
related professional service to clients across the United States determine that, due to a misjudgment or
Combined, our team represents approximately 25 professionals and over oversight, certain actions may have been
100 years of experience Expert Witness Testimony invalid. This could occur where there was an
over-issuance of shares beyond the amount
Contact one of our professionals in Des Moines for: authorized in the articles of incorporation or
where a transaction is within the corporation’s
EXPERT WITNESS BUSINESS VALUATION power but there was a failure of authorization
as a result of procedural misstep. The new Act
ECONOMIC DAMAGES MERGERS & ACQUISITIONS includes a ratification process that allows
corporations to validate defective actions
retroactively while fully protecting sharehold-
er rights.4 The goal of the provisions is to
We’ve recently protect the parties’ reasonable expectations as
moved and well as the shareholders’ rights and interests
expanded! New while securing compliance with Iowa’s
office in West corporate law. The ratification of defective
corporate acts can be adjudicated by the
Des Moines!
courts as well as accomplished by the corpora-
tion itself. This process has proved to be
extremely helpful to corporations in other
states, including Delaware.
3. Director duties and liability/liability
Business Appraisal I Litigation Support I Financial Advisory I ESOP’S
shield. Iowa’s current Act provides a descrip-
DES MOINES I 4201 Westown Pkwy, Suite 340 I West Des Moines, Iowa I 515.225.3796
tion of duties of directors, required standards
ATLANTA I 2002 Summit Boulevard, Suite 950, Atlanta, Georgia I 770.790.5000
of conduct and standards of liability; these
WWW.HDHADVISORSLLC.COM remain unchanged in the new Act.5 In addi-
tion, the current Act authorizes a corporation
8 THE IOWA LAWYER AUGUST 2021
Business Corporation Act
to include in its articles a provision that to be determined by arbitration. The term jurisdiction of incorporation, assuming in
limits or eliminates monetary liability for any “internal corporate claim” is defined broadly to each case the law of the other jurisdiction
actions or failures to act subject to limited mean any of the following: (1) any claim that authorizes the procedure, too.13
exceptions.6 The new Act retains these pro- is based on a violation of a duty under the 8. Medium-form mergers. The current Act
visions and authorizes an additional liability laws of Iowa by a current or former director, includes provisions for merger of a business
shield. Under the new Act, a corporation may officer, or shareholder in such capacity; (2) corporation with another corporation or
include a provision in the articles of incorpo- any derivative action brought on behalf of the eligible entity, subject to shareholder approv-
ration that eliminates or limits any duty of the corporation; (3) any action asserting a claim al. It also includes a provision allowing for a
director to offer the corporation the right to arising pursuant to any provision of the Act, merger without a shareholder vote when the
a corporate or business opportunity before the articles of incorporation, or bylaws; and acquiring entity owns more than 90 percent of
it can be pursued or taken by the director (4) any action asserting a claim governed by the outstanding shares of the entity to be
or other person.7 This provision is consistent the internal affairs doctrine that is not acquired. The new Act adds a provision to
with developments in LLC law and reflects an included above. A forum selection provision permit a “two-step” merger without a share-
increasingly contractual or enabling approach can be an effective way for corporations to holder vote following a tender offer if
to business law. Such a provision might be reduce litigation costs and enable Iowa courts sufficient shares are owned after the tender
useful, for instance, with regard to a private to interpret Iowa law in the first instance. offer—namely, those owned before and as a
equity investor who desires to have a nominee 6. Judicial determination of corporate result of the tender—to have approved the
on the board but conditions its investment offices and review of elections and share- merger (typically a majority of the outstand-
on limitation or elimination of the corporate holder votes. Under the current Act, there is ing shareholder votes entitled to be cast).14
opportunity doctrine because of the uncer- no provision for judicial review of elections 9. Corporate records and reports. The
tainty about its application on account of the and shareholder votes and determination of current Act provides rights to shareholders to
investor’s investments in multiple enterprises corporate offices. Under a section added by inspect records. The new Act includes a
and specific industries. This provision also the new Act, the Iowa District Court has comprehensive revision of the chapter on the
may be helpful in the situation of a joint authority to determine the following issues: subject to modernize shareholder access to
venture or closely held corporation where the (1) the results or validity of an election, information while protecting interests of the
participants want to be sure that the corpo- appointment, removal, or resignation of a corporation. The organization is improved
rate opportunity doctrine would not apply to director or officer of the corporation; (2) the and more comprehensive in attention;
their activities outside of the joint venture.8 right of an individual to serve as a director or importantly, the board can condition
4. Officer’s duty to inform. Iowa Code officer; (3) the result or validity of any vote by inspection upon agreement to confidentiality
section 490.842 continues to set forth the shareholders; (4) the right of a director to restrictions.15
standards of conduct for officers, including membership on a board committee; (5) the 10. Benefit corporations. The new Act
the circumstances in which the persons on right of a person to nominate or an individual includes provisions allowing for the incorpo-
whom an officer may rely in discharging his to be nominated for election or appointment ration of benefit corporations in Iowa as well
or her duties. Under the new Act, the section as a director, and (6) other comparable rights as the election of existing Iowa business cor-
is amended to require that an officer: (1) under the corporation’s articles or bylaws.12 porations to become benefit corporations.16
inform the superior officer to whom the 7. Domestication and conversion. The Unlike an ordinary business corporation,
officer reports, or the board of directors or current Act includes provisions allowing for which has been held to have shareholder
the board committee to which the officer the conversion of a business corporation into primacy as a focus,17 a benefit corporation
reports, of information about the affairs of another type of entity as well as the conversion provides an option to mandate the interests
the corporation known to the officer, within of another entity into an Iowa business of other stakeholders that are “known to be
the scope of the officer’s functions, and corporation. The new Act revises and affected by the business of the corporation”
known to the officer to be material to such relocates provisions authorizing conversion to be at the same level as shareholders.18 The
superior officer, board, or committee; and (2) transactions, and it adds sections authorizing new Act contemplates pursuit “through the
inform the officer’s superior officer, or domestication, a procedure by which a foreign business of the corporation [of] the creation
another appropriate person within the corporation can become an Iowa corporation of a positive effect on society and the envi-
corporation, or the board of directors, or a or an Iowa corporation can change its ronment” as well as any other public purpose
board committee, of any actual or probable
material violation of law involving the
corporation or material breach of duty to the
corporation by an officer, employee or agent
of the corporation, that the officer believes
has occurred or is likely to occur. A similar
requirement is recognized in Agency law 9 and MEDIATION AND ARBITRATION SERVICES
already imposed on directors.10 For workers’ compensation, civil litigation, and family law cases
5. Forum selection provision in bylaws.
Under the new Act, a corporation will be able
to include in its bylaws a requirement that
internal corporate claims be brought
exclusively in a specified court or courts of
Iowa or in any other chosen jurisdictions with
which the corporation has a reasonable
relationship.11 Still, such a provision may not Virtual mediations available via telephone and video conference
prohibit bringing internal corporate claims in Call to Schedule: (515) 244-0111
www.hhlawpc.com/mediation
courts in Iowa, nor may it require such claims
AUGUST 2021 THE IOWA LAWYER 9
Business Corporation Act
set forth in the articles of incorporation.19 provision,23 foreign-trade zone corporation 1Iowa Code §490.709. All Iowa Code citations are to
Important in the analysis is not just what provision,24 provisions on names and citations in the new Act which, with the exception of the
remote-only meeting provisions, become effective
the corporation does but how it conducts reinstatement following administrative January 1, 2022.
2Iowa Code §§491.17, 515.25, 518.6A, 518A.3A, 499.27A,
its business and operations.20 The new Act dissolution25 and provisions on filing of 499.64, 501.303A, 501A.807, 504.701, 504.702A, and
504.705.
includes provisions addressing the duties biennial reports.26 3
HF 844, §230(2). The enactment date was June 8,
imposed on directors, required “benefit” 13. Secretary of State business filings. In 2021.
reporting, and conditions for bringing any other states, including Delaware, the 4
Iowa Code §§490.145 – 490.152.
5
Iowa Code §§490.830 – 490.831.
shareholder action.21 With the new Act, secretary of state’s office allows for pre-filing 6 Iowa Code §490.202(2)(d).
Iowa joins the nearly 40 jurisdictions that clearance review of documents as well as 7 Iowa Code §490.202(2)(f).
have enacted benefit corporation statutes. expedited filing services for a fee. These 8
Model Business Corporation Act (2016 Revision), §
11. Official comments. An important services are extremely beneficial to business- 2.02, Official Comment.
9
Restatement (Third) Agency, § 8.11 (Duty to Provide
benefit of the MBCA is the official comments es of all types. Although not part of the Information).
that may be used by practitioners and courts MBCA, HF 844 includes provisions establish- 10 Iowa Code §490.830(3).
in interpreting and applying in practice ing these services with the Iowa Secretary of 11 Iowa Code §490.208.
12
Iowa Code §490.749.
various provisions and requirements in the State’s office. 13
Iowa Code §§490.901A-490.935.
MBCA. The 2016 edition of the MBCA 14 Iowa Code §490.1104(10).
includes a new set of updated comments. Conclusion 15 Iowa Code §§490.1601-.1602.
The Official Comments for prior editions of With the new Act, Iowa has a comprehen- 16 Iowa Code §§490.1701.
the MBCA are now out-of-date. sive and modernized statute that should
17Compare Iowa Code §490.1108A, which expressly
allows a board to consider the interests of other
12. Unique IBCA provisions remain in enhance Iowa’s business climate and serve stakeholders but does not require it.
statute. The new Act tracks the 2016 MBCA clients and their counsel well. In addition, by
18
19
Iowa Code §§490.1701, 490.1704.
Iowa Code §490.1701(2)(d).
but continues to be tailored to reflect Iowa updating the Iowa Business Corporation Act, 20 MBCA, §17.04, Official Comment.
experience and preferences. As a result, the Iowa will be able to continue to take 21
Iowa Code §§490.1704 and 490.1705.
new Act includes non-MBCA provisions. advantage of a useful body of law that 22
Iowa Code §490.1108A.
These include the community interest develops around the United States that will 23
Iowa Code §490.1110.
provision that allows directors to consider help increase the certainty and efficiency of
24 Iowa Code §490.209.
interests other than shareholders’ interests corporate actions and corporate
25
26
Iowa Code §490.1422.
Iowa Code §490.1621 (currently, §490.1622).
when evaluating a tender offer or proposed transactions.27 27
See Corporate Laws Committee, Model Business
business combination,22 the business Corporation Act (2016 Revision), 72 Bus. Law 421, 430
(2017).
combinations with interested shareholder
Business Valuation &
Litigation Support
1707 High Street | Des Moines, IA 50309
515.282.8019 | www.bccadvisers.com
BUSINESS VALUATION LITIGATION SUPPORT MERGER & ACQUISITION CONSULTING
Real Estate Appraisal
1707 High Street | Des Moines, IA 50309
515.283.0146 | www.iowaappraisal.com
COMMERCIAL & AGRICULTURAL REAL ESTATE APPRAISAL APPRAISAL REVIEW MARKET/FEASIBILITY STUDIES
10 THE IOWA LAWYER AUGUST 2021SECRETARY OF STATE BUSINESS SERVICES
2021 LEGISLATIVE UPDATE By Carl Dietz
In this article, I will outline several HF561 MECHANIC’S LIEN PERFECTION Provided the affidavit form is complete
bills passed by the Iowa General Assem- and the assertion has a basis in fact, the
bly in 2021 that touch on practice with COUNTY – Effective Jan. 1, 2022 process then forks depending on
the Iowa Secretary of State’s Business This bill amends chapter 572 to add whether the secured party qualifies as a
Services Division. The first three bills are the specification that a mechanic’s lien “Trusted Filer” as defined in the bill. A
fairly simple: HF309 covers disclosure of under 572.8 may be perfected, and may Trusted Filer is a person that meets
personal information relating to tax-ex- list in its filings on the MNLR operated either of the following conditions:
empt entities; HF453 pertains to kinds of by our office, more than one county, so regularly causes records to be communi-
restrictions prohibited from being long as some part of the subject property cated to the filing office for filing and
placed on nonprofit entities; and HF561 falls in each of the listed counties. The has provided the filing office with
expands the number of counties that ability to list multiple counties will be current contact information and
may be charged with a mechanic’s lien. available in the MNLR tool accessible information sufficient to establish the
The bulk of the article will address through our website. The bill also broad- person’s identity; or has been issued
Division II of SF342, which provides for a ens the available subjects of court actions credentials for access to online filing
process for disputing UCC Article 9 lien specified in 572.32 from only mechan- services. This second qualifying condi-
filings; and HF844, Iowa’s adoption of ic’s liens to both mechanic’s liens and tion is, of course, satisfied by a person
revision 4 of the Model Business Corpo- bonds given in lieu of mechanic’s liens. having a Fast Track Filing account.
ration Act. If the secured party is a Trusted Filer,
HF342 DIVISION II: DISPUTING VALIDITY we notify the secured party that an
HF309 PUBLIC AGENCY DISCLOSURE – OF UCC ARTICLE 9 LIEN FILINGS – Affidavit of Wrongful Filing has been
Effective July 1, 2021 Effective July 1, 2021 submitted. Then we conduct an adminis-
With enumerated exceptions, HF309 Only Division II of SF342 relates trative review to determine whether the
amends Iowa Code chapter 22 to say that directly to SOS practice. The division filed financing statement is valid. If we
public agencies may not require 501(c) applies to Iowa Code chapter 554, and determine that the financing statement
tax-exempt entities to provide personal provides for a process for disputing the is valid, we close the case. If we deter-
information, and neither may such filing of a UCC Article 9 financing mine that the financing statement is not
agencies disclose such information statement. This process is initiated valid, we file a UCC3 termination
without extensive written permissions. through the submission to our office by statement with immediate effect, notify
Discussion during the legislative process a person named as debtor in the financ- the secured party that we have done so
indicated that a motivating factor ing statement of an Affidavit of Wrong- and close the case. During the subse-
behind the bill was to limit chilling of ful Filing alleging that the financing quent six months, the secured party has
donor participation in nonprofit organi- statement “was not authorized to be filed recourse to the court.
zations. Under the bill, the definition of and was communicated . . . with the If the secured party is not a Trusted
“personal information” specifically intent to harass or defraud the affiant.” Filer, we file a UCC3 termination
carves out an exception for information The affidavit form the bill requires us to statement that takes effect 90 days after
reportable to SOS pursuant to chapter provide is available on our website in the the date of filing, and we notify the
504. The Secretary of State’s office is a UCC section of the Business Entity secured party that we have done so. The
primarily-ministerial agency. With few Forms & Fees page. secured party then has that period to
exceptions, information filed with us is
necessarily public record. This exception
protects our agency from liability for the
publication of personal information
included by the filer in a nonprofit
corporation filing.
HF453 NONPROFIT RESTRICTIONS –
Effective July 1, 2021
This one is pretty simple. It adds new
section 103 to chapter 504: “A state
agency or state official shall not impose
any regulation or reporting requirement
on corporations, as defined in section
504.141, that exceeds the requirements
of state or federal law.”
AUGUST 2021 THE IOWA LAWYER 11Legislative Update
request in writing an administrative Similarly, while filers could previously New section 490.146 creates a process
review. Upon such timely request, we request preclearance service, such by which a defective corporate action
conduct an administrative review to service also will now be fee structured can be validated internally through rat-
determine whether the filed financing based on the speed of service provided: ification by the corporation’s board or
statement is valid. If we determine that Same-day service: $250.00 through judicial action. If a defective
the financing statement is valid, we Two-day service: Twice the amount corporate action ratified by the board
retract the termination statement and of the filing fee would have required a chapter 490
close the case. If we determine that the Three-day service: Same amount as filing, then, regardless of whether such
financing statement is not valid, we the filing fee filing was made, the corporation must
close the case. Regardless of whether If a document submitted for preclear- file with our office a new type of doc-
the secured party requests administra- ance is approved, the filing will be ument entitled Articles of Validation.
tive review within the 90-day period, stamped with an “Approved” date. If the These Articles of Validation, including
during the subsequent six months, the document is actually filed within six as an exhibit any filing that should
secured party has recourse to the court. months, the filing will be presumed have been filed, serve to amend or sub-
When an affidavit is submitted, we valid. If an inaccuracy or defect was stitute for any other filing with respect
will use an internal tool to track the present in an approved proposed filing to the defective corporate action.
case and store relevant documents that of a document, and that inaccuracy or Section 490.920 and subsequent
are not required to be filed in the UCC defect would prevent filing by the sections serve to make domestication
database, such as Affidavits of Wrongful secretary, the filer may timely submit a available to profit corporations.
Filing and additional information corrected document. The corrected 490.1701 and its related sections
requested as part of an administrative document is effective retroactively as of introduce benefit corporations to Iowa.
review. As should be evident, the the effective date that the document These are profit corporations with the
process is detailed and can have a lot of was submitted to the secretary for filing. added goal of pursuing some positive
moving parts. If you have a client who These scheduled fees for expedited and public objective. While a benefit
wishes to have your assistance with the preclearance services are in addition to corporation has some internal require-
process, it is recommended that you be the normal filing fees that accompany ments that non-benefit corporations
sure you’ve familiarized yourself with business filings. don’t, the two mechanical differences in
the applicable sections of chapter 554 practice with our office are that the
and administrative rules in IAC 721-30. DIVISION I – Effective Jan. 1, 2022 Articles of Incorporation must include a
Division I of the bill adjusts or adds a statement indicating that the entity is
HF844 MODEL BUSINESS CORPORATION variety of chapter 490 elements. A subtle subject to subchapter 17 of chapter 490
ACT REVISION 4 DIVISION III – change is made to sections 490.1502 et and that the legal name of a benefit
Effective July 1, 2021 seq., making the “Application for corporation may contain the words
Division III of the bill, which is in Certificate of Authority” into the “benefit corporation” or the abbrevia-
addition to the MBCA, takes effect “Foreign Registration Statement,” so tion “B.C.” or “BC.”
before the other pieces of the bill that that a foreign profit corporation I have confined this article to ele-
directly affect practice with our office. It intending to do business in Iowa will no ments of the bills that directly involve
covers extra business filing services, and longer be applying for authorization to the Secretary of State’s office, and in
places its provisions in Iowa Code do business in Iowa, but rather inform- particular, have only hit the high points
chapter 9. ing the state that it will be doing so. of Iowa’s MBCA revision 4 adoption
While filers could previously request Functionally, this appears to be a regarding interaction with our agency.
expedited service, such service for distinction without a difference. The Be advised that the bill contains other
business entity filings will now be fee Foreign Registration Statement has the important updates and changes regard-
structured based on the speed of service same content requirements as the ing corporate law, including more from
provided: Application for Certificate of Authority, the MBCA in Division I, as well as
Two-day service: $50.00 and must still be filed with a certificate Division II, regarding remote participa-
Five-day service: $15.00 of existence or good standing issued by tion, and Division IV, regarding foreign
the foreign jurisdiction. trade zones, both of which took effect
immediately upon enactment.
Andrew B. Howie
APPELLATE LAWYER Carl Dietz is Business
Services Division Attorney
►Fellow, American Academy of with the Iowa Secretary of
Appellate Lawyers State’s office. He handles
►Fellow, American Academy of implementation of and
Matrimonial Lawyers legal issues regarding
business entity filings,
SHINDLER, ANDERSON, notary commissions,
GOPLERUD & WEESE, P.C. lien filings and trademark registration. He
earned his law degree at Drake University
515-223-4567
and can be reached at (515) 725-2338 or
howie@sagwlaw.com
Carl.Dietz@sos.iowa.gov.
www.sagwlaw.com
Accepting Referrals
12 THE IOWA LAWYER AUGUST 2021Jeff Boehlert and Mark Brownlee, each with 40+ years of varied litigation
experience earning “AV Preeminent” ratings from their peers, now confine their
practice to MEDIATION & ARBITRATION services in all areas of civil litigation.
Jeff and Mark are experienced neutrals with high success rates assisting
fellow attorneys and parties with FINDING SOLUTIONS to disputes through
effective and efficient use of the confidential ADR process.
Jeff Boehlert Mark Brownlee
boehlert@bbadr.com brownlee@bbadr.com
(515) 240-6914 (515) 571-1931
www.bbadr.com www.bbadr.com
During the Covid-19 pandemic, Jeff and Mark are hosting ZOOM mediation teleconferences to keep all participants safe.Afraid to ask for help? Don' t be!
Strategic coping mechanisms for the modern lawyer
By La’Cee Conley
A
ccording to a recent study per- Identify triggers yourself of the things, people and places
formed by Law360, “being a lawyer The ABA defines stress as a “physical, you adore. Share with yourself one
is no easy profession, no matter mental and emotional response to life’s thing you’ve worked hard to achieve and
where you work. More than 60 percent of changes and demands.” When stress is one thing that is going well right now.
private practice attorneys report feeling chronic, it can be damaging and lead List two subjects or pursuits you’re
stressed either most or all of the time, as to serious health problems such as passionate about and at least two people
do 44 percent of in-house counsel and 38 depression and heart disease. you can count on for warm hugs and
percent of government lawyers.” Further, kind words. Lastly, write down three
the American Bar Association has found things you are looking forward to either
that “stress affects all people and all
professions. Stress in the legal profes- Want more wellness content? this week, month or year.
A lot of things are stressful because
sion, however, is well-documented. we don’t allow ourselves enough time
Lawyers work in an adversarial system The next issue of the Iowa Lawyer to get them done. Look for ways to
with demanding schedules and heavy magazine, in September, will be take the hurry out of your everyday
workloads, which may contribute to almost entirely focused on wellness, tasks and responsibilities. Write things
increased stress levels.” What do we do? down; don’t rely on your memory alone.
We identify triggers and work daily on covering topics such as resilience, Trying to remember not to forget is
coping mechanisms to manage con- handling grief, self-care and more. stressful. Practice labeling situations
trolled and uncontrollable stressors. differently. Are you really “furious”
Everyone experiences stress. Any about something or are you simply
SECTION 1031 EXCHANGE number of factors may contribute to feeling angry or annoyed? Are you
stress, including personality, physi- “crushed” or are you merely let down
cal and emotional health, personal or disappointed? We have a temptation
relationships, major life changes and to exaggerate situations and labeling
social and job issues. It’s not always situations with the appropriate words
possible to avoid stress, but it is possi- can reduce stress. Remember, you
ble to change your response to stress. never have to do today again. You only
The Mayo Clinic provides examples live a moment once and tomorrow
of external and internal triggers that is a new opportunity for growth.
can trigger a stress response such as
major life changes, the environment,
unpredictable events, workplace
stressors, social stressors, personal La’Cee Conley is an
THE PREMIER SPECIALIST fears, uncertainty and lack of control. international intellectual
FOR property attorney spe-
SECTION 1031 EXCHANGES Use coping mechanisms cializing in neuroscience,
pharmaceutical, biotech-
Begin and end each week with a nological and chemical
“weekly self-check in.” Ask yourself patent applications. She
is also an adjunct professor of law at Drake.
phrases such as “I feel,” “I need,” “I She is the 2018 recipient of the Community
forgive,” “I celebrate,” “I release” and “I Achievement Award from the Des Moines
EXPERTISE trust” and answer each of them honest- Downtown Chamber of Commerce and a
ly. Additionally, follow the alphabet. For 2019 nominee for the Ivy Women in Business
From a Respected Industry Leader Award. She currently sits as a Board Member
each letter, conjure a way in which you for Ballet Des Moines, serves as an Officer of
can conquer stress. For example, “B” the Board for the International Inns of Medi-
can be “bawl” – as in a good cry can ation as well as a city Commissioner for the
City of Waukee after serving on the Board
sometimes help release tension. Addi- of Appeals for the city, and is a member of
tionally, “P” can be “play” – take 10 the Advisory Council for the Leadership,
minutes out of your day to just meditate, Education & Advancement Pipeline. Conley
regularly presents for The Iowa State Bar As-
play a game or practice an instrument sociation regarding technology in the legal
IPE 1031 in order to reduce stress. field. She also writes for IPWatchdog.com –
888.226.0400 | WWW.IPE1031.COM Take a few minutes out of each day to an intellectual property publication with over
INFO@IPE1031.COM 1.6 million subscribers
recognize the good stuff. Remind
14 THE IOWA LAWYER AUGUST 2021ISBA wins harrison Tweed Award
for providing legal services to underserved
County Bar Association’s Volunteer and law schools to identify existing
Lawyer Project, developed a free legal resources, areas of need and ways to
hotline for individuals and businesses ensure New Yorkers obtained necessary
impacted by COVID-19, providing a pro bono civil legal assistance.
source of information and legal Any local or state bar association
assistance to Iowans and addressing a in the United States that has devel-
wide array of legal needs arising out of oped or significantly expanded a
the pandemic. project or program for providing
The New York bar group helped access to legal services for persons
coordinate and lead the state’s legal living in poverty; or demonstrated
community response to the pandemic long term excellence in maintaining
by bringing together attorneys from projects or programs providing such
law firms, the judiciary, corporations access may apply or be nominated.
Harrison Tweed
The Iowa State Bar Association is
being honored with the national 2021
Harrison Tweed Award in August for
its work to boost legal services for the
underserved during the COVID-19
pandemic.
The award will be presented at the REACH
OUT
virtual business meeting of the Ameri-
can Bar Association Standing Commit-
tee on Legal Aid and Indigent Defense
(SCLAID) on Friday, Aug. 6, during
the 2021 ABA Hybrid Annual Meeting.
The Harrison Tweed Award was
created in 1956 to recognize the
extraordinary achievements of state IOWABAR .ORG IOWABAR .ORG/LINKEDIN T WIT TER .COM/IOWABAR
and local bar associations that develop FACEBOOK .COM/IOWABAR INSTAGRAM.COM/ THEIOWABAR IOWABAR .ORG/ YOUTUBE
or significantly expand projects or
programs to increase access to civil
legal services for persons in poverty or
criminal defense services for indigents.
The award is named for the late
Harrison Tweed, a leader in the
promotion of free legal services to the
Hon. MarkW.W.
HON. MARK Bennett
BENNETT
(Retired U.S district judge)
(Ret. U.S district judge)
poor, and presented annually by Mediation,
SCLAID and the National Legal Aid & Mediation,Arbitration
Arbitrationand
and
Legal Consulting
Legal Consulting
Defender Association, a nonprofit
association devoted to the delivery of • 45 years of combined judicial and private
45 years of combined judicial and private practice
legal services to those who cannot practice in
experience experience
more than in
30 more
federalthan 30courts
district
federal district
and multiple courts
state and multiple
and appellate courts.
afford counsel. state and appellate courts.
Both the ISBA and the New York National experience
• Nationalwork
– Midwestern experience
ethic and rates
State Bar Association were selected for • Midwestern515-414-1186
work ethic and rates
their exemplary work in responding to mark@mbennett.us
legal needs arising from the COVID-19 515-414-1186
www.mbennett.us
pandemic. The Iowa bar, in partner- mark@mbennett.us • www.mbennett.us
Virtual mediation and arbitration available
Recruited member of both FedArb & Resolute Systems
ship with Iowa Legal Aid and the Polk
AUGUST 2021 THE IOWA LAWYER 15You can also read
