Articles & Insights

October 6, 2020

In a unanimous decision the Supreme Court lowered the burden of proof for a trademark owner to obtain an infringer’s profits. In the matter of Romag Fasteners, Inc. v. Fossil, Inc., et al., 140 S.Ct. 1492 (2020) the Court held that proof of willful trademark infringement is not a precondition to a recovery of the infringer’s profits under 15 U.S.C. 1125(a) of the Lanham Act, resolving a Federal Circuit Court split.

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September 14, 2020

The newly released Health Apps Tool was created to to help developers of mobile health applications to determine when they may be acting as a business associate under the Health Insurance Portability and Accountability Act (HIPAA).

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September 2, 2020

The CDC acted yesterday with the CDC Order stating that a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property during the effective period (9/4/20 to 12/31/20).

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August 27, 2020

The Internal Revenue Service (IRS) is providing tax relief to taxpayers in areas affected by the derecho that occurred on August 10, 2020. To qualify for the relief provided, individuals and businesses must reside or have their principal place of business in an area designated by FEMA as qualifying for assistance. Currently, Linn County residents and businesses qualify. Other localities that were affected may be added.

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July 28, 2020

  Health Law Attorneys In order to properly serve legal papers on a provider, they must be handed directly to him/her, or to an 18 years old at their home address.  Hospitals and Clinic administrative offices are accustomed to accepting…

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July 10, 2020

On June 24, 2020, Chief Judge Leonard T. Strand of the U.S. District Court for the Northern District of Iowa extended his previous administrative order 20-AO-0004-P (amended) outlining precautions in the face of the COVID-19 pandemic relating to criminal matters and public access to public hearings and other proceedings.

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July 10, 2020

It all begins with an idea.Courts around the nation have been forced to alter their operations to address the current pandemic. The U.S. District Court for the Southern District of Iowa has issued a number of administrative orders to that end.

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June 24, 2020

In an impressive court victory, Shuttleworth & Ingersoll Attorneys Molly P. Parker and Sam E. Jones successfully championed client Maquoketa Sentinel-Press petition for the release of body cam footage recorded by the Maquoketa Police Department dating back to an incident on April 6, 2019 involving Jackson County’s Assistant Attorney Amanda Lassance.

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June 23, 2020

On Thursday, June 18, 2020, Governor Reynolds signed into law the COVID-19 Response and Back-to-Business Limited Liability Act. The Act, which is retroactive to January 1, 2020, limits who and on what grounds an individual can bring an action based on exposure to COVID-19. The Act also limits the medical expenses recoverable in all personal injury actions, and the evidence about medical expense damages that may be presented.

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June 9, 2020

In response to health care challenges posed by COVID-19, the Centers for Medicare & Medicaid Services (CMS) and the Department of Health and Human Services Office of Inspector General (OIG) both issued notices waiving certain requirements of the Stark Law and Anti-Kickback Statute, respectively, relating specifically to referrals of items or services in connection with COVID-19 treatment.

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June 3, 2020

We recognize the sense of urgency that the novel coronavirus places on the estate planning process. Whether you are ready to finally start that estate plan you been intending to do for years or are looking to update an estate…

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April 21, 2020

Recently, some workers who work in jobs that have been deemed to be essential are expressing fear about coming to work. When this situation arises, employers of essential workers need to take into consideration the understandable concerns an employee may…

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