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DICKINSON INTRODUCES GREEN BUSINESS & SUSTAINABILITY LAW GROUP; ACCEPTS ABA AND EPA SUSTAINABILITY CHALLENGES
Dickinson, Mackaman, Tyler & Hagen, P.C. is pleased to announce the formation of its Green Business & Sustainability Law Group, thought to be the first of its kind in Iowa. The group began organizing last fall in response to client needs and a changing regulatory horizon. The new practice group builds upon the firm’s established reputation in traditional practice areas such as real estate, construction, corporate, banking, commodities, securities, litigation, energy, utilities, and land use/planning/zoning law. The firm’s attorneys have handled “green” legal issues in areas such as renewable energy financing, green building ordinances, biofuels, wind energy development, environmental regulatory compliance, environmental litigation, the emerging carbon credit/offset markets and the tax implications of sustainability initiatives.
The firm is also the first in Iowa to enroll in the American Bar Association’s (ABA) Law Office Climate Challenge and is one of only 14 businesses or public entities in Iowa recognized as a Partner in the Environmental Protection Agency’s (EPA) WasteWise program, targeted at reducing paper waste. To affirm its dedication and commitment to reducing its impact on the environment and to meet the challenges set forth by the ABA and EPA programs, the firm has developed a set of internal initiatives and best practices—“The Dickinson Green Guide”—aimed at making the firm’s own operations more sustainable. The initiatives outlined in the document include practices such as purchasing recycled or biodegradable paper and office supplies, reducing paper use by double-sided printing and electronically distributing and storing documents, recycling, encouraging use of non-disposable tableware, programming energy-efficient modes on electronic equipment, and offering employees financial incentives to ride the bus, carpool, ride a bike, or walk to work. Clients and other constituents of the firm will notice other green touches, such as email signature blocks encouraging recipients to consider the environment before printing emails and attachments.
To read a related story published buy the Des Moines Business Record, visit http://www.businessrecord.com/main.asp?SectionID=5&SubSectionID=9&ArticleID=6681. To read the firm's full press release regarding its new practice group and green initiatives, visit http://www.dickinsonlaw.com/docs/publications/250.pdf. For additional information on Dickinson’s Green Business & Sustainability Law Group or the firm’s green initiatives, contact attorney Jeff Andersen, chair of the Green Business & Sustainability Law Group. For more information on the ABA’s Law Office Climate Challenge and the EPA’s WasteWise program, visit http://www.abanet.org/environ/climatechallenge.
EMPLOYER ALERT: NEW E-VERIFY DEVELOPMENTS
Prepared by Bridget R. Penick
Employers should become aware of two recent developments regarding the use of United States Citizenship and Immigration Services (USCIS) E-Verify employment verification program. E-Verify is an on-line system in which employers can voluntarily enroll to confirm the employment eligibility of new hires and confirm their social security numbers. Employers input information provided by an employee on Form I-9. Within seconds, the system provides either (1) verification that a match has been found in the Social Security Administration (SSA) or the Department of Homeland Security's (DHS's) database, or (2) "nonconfirmation" notice that there was no match, in which case the employer must provide the employee with a written notice of the nonconfirmation. The employee is then required to indicate on the notice whether he or she wishes to contest the nonconfirmation. If he or she chooses to contest, the employer must issue a second notice to the employee that he or she has eight days to visit an SSA office or call the USCIS to resolve the discrepancy. If the employee contests the nonconfirmation, the employer is prohibited from terminating or taking other adverse action against the employee until the matter is resolved. Employers can learn more about and enroll in E-Verify at: http://www.dhs.gov/xprevprot/programs/gc_1185221678150.shtm .
Federal Contractors Required to use E-VERIFY
On June 6, President Bush issued an amendment to Executive Order 12989 requiring all federal government contractors to use E-Verify to verify the work authorization of all new hires, as well as existing personnel assigned to perform work on continuing federal contracts. The amended Executive Order states: “Contractors that adopt rigorous employment eligibility confirmation policies are much less likely to face immigration enforcement actions, because they are less likely to employ unauthorized workers, and they are therefore generally more efficient and dependable procurement sources than contractors that do not employ the best available measures to verify the work eligibility of their workforce.” On June 12, the Federal Acquisition Regulation Council issued a proposed rule to implement this change. While the Executive Order does not address whether subcontractors also will be required to use E-Verify, the FAR Council’s proposed rule would require E-Verify to also be used by employers who have subcontracts of more than $3,000 for services or construction. The text of the executive order is available at: www.whitehouse.gov/news/releases/2008/06/20080609-2.html. The proposed rules can be viewed at:
http://federalregister.gov/OFRUpload/OFRData/2008-13358_PI.pdf.
Extension of Optional Practical Training of Certain Foreign National Students Whose Employers Participate in E-VERIFY
On April 8, DHS published an Interim Final Rule entitled, “Extending Period of Optional Practical Training by 17 Months for F-1 Nonimmigrant Students With STEM Degrees and Expanding Cap-Gap Relief for All F-1 Students With Pending H-1B Petitions.” Prior to this rule change, foreign students in F-1 nonimmigrant status who were enrolled on a full-time basis for at least one full academic year in a college, university, conservatory, or seminary certified by U.S. Immigration and Custom Enforcement's (ICE's) Student and Exchange Visitor Program (SEVP) were eligible for 12 months of optional practical training (OPT) to work for a US employer in a job directly related to the student's major area of study.
The rule extended the maximum period of OPT from 12 months to 29 months for F-1 students who have completed a science, technology, engineering, or mathematics (STEM) degree and accept employment with employers enrolled in E-Verify. In previous years, thousands of F-1 students with approved H-1b petitions have faced a “cap gap” dilemma of graduating in May and having 12 months of OPT authorization, which often ends in May (one year after graduation). Such students would have to depart the US by the end of July, as they have only a 60-day “grace period” to remain in the US after their F-1 status terminates. Thus, F-1 students with approved H-1b petitions with start dates of October 1 had to leave the US for approximately two months before they could re-enter under their new H-1b status and begin working. If those students had already been working for their H-1b employers in OPT status, then the employers would lose those employees for the “gap” period. This rule ameliorates the “cap-gap” problem by extending the authorized period of stay for all F-1 students who have properly filed H-1B petitions and change of status requests (filed under the cap for the next fiscal year) pending with USCIS. If USCIS approves the H-1B petition, the students will be able to remain in the US and continue working in OPT status until the requested start date indicated in the H-1B petition. The text of the rule can be read at: http://edocket.access.gpo.gov/2008/E8-7427.htm. If you have questions about E-VERIFY, please contact the Dickinson attorney with whom you normally work or a member of the firm’s Employment and Labor Law Practice Group at employmentlaw@dickinsonlaw.com.
Smokefree Air Act Compliance Kits Available to Iowa Employers
Attorneys in Dickinson’s Employment and Labor Law Practice Group have assembled and distributed to our clients an “employer compliance kit” for the Iowa Smokefree Air Act. That law is effective July 1, 2008. A copy of the materials – a short checklist for employers, a more detailed explanation of the various obligations employers have under the law, a copy of the statute itself, and a receipt that can be used in communicating the provisions to employees – can be obtained by clicking on the title of this news item. Additional information on the statute, including sample signs promulgated by the Iowa Department of Public Health as being compliant with the agency’s regulations, is available at http://www.iowasmokefreeair.gov. As a courtesy to those who may be looking, one source for more permanent signs required under the law which we have been able to locate is http://bankersadvertising.com/iowa-smoking.
Paul R. Tyler Receives Polk County Bar Association Award of Merit
The Polk County Bar Association awarded the Award of Merit to Paul R. Tyler at the 2008 Annual Meeting. The Award of Merit is described as the highest award that the Polk County Bar Association can bestow on one of its members. It is not awarded annually, but is reserved for only the most dedicated candidates who have continually served the association. For more information, see story in the July 2008 edition of the Polk County Bar Association's newsletter, The Advocate, at http://www.pcbaonline.org/Newsletter%20July%2008.pdf.
DICKINSON ATTORNEYS SELECTED FOR INCLUSION IN 2008 CHAMBERS USA: AMERICA’S LEADING LAWYERS FOR BUSINESS
Chambers USA: America’s Leading Lawyers for Business honored eight firm attorneys by selecting them for inclusion in the 2008 edition. The Chambers legal guides state that they celebrate excellence of lawyers and law firms around the world. Every year Chambers conducts thousands of in-depth interviews with clients in order to assess the reputations and expertise of business lawyers in 175 countries across the globe. Chambers lists Helen C. Adams, Russell L. Samson, Bridget R. Penick and Jill R. Jensen-Welch as leaders in the Labor & Employment section. Paul R. Tyler and Jon P. Sullivan have been selected again this year as leaders in the Real Estate section. Howard O. Hagen has been selected in the Corporate/M&A: Banking & Finance section and Richard A. Malm has been selected in the Litigation: General Commercial section.
New OTS Guidance on Paying Fees for the Referral of Trust Business
The OTS has rescinded previous guidance on paying finders' or referral fees for the referral of trust business and has issued a new Thrift Bulleting on this subject. For more information, please go to our articles section on our website or click here.
EMPLOYER ALERT: DOL RELEASES NEW PROPOSED FMLA REGULATIONS
Prepared By Helen C. Adams
For your convenience, we have posted a copy of the proposed regulations on the Dickinson Law Firm website. The Dickinson Law Firm Employment Law Section will be reviewing the proposed regulations and will post a summary of the proposed changes at the firm=s website www.dickinsonlaw.com and provide additional educational opportunities for employers to learn about the proposed regulations in the near future. Please check the website for updated information. In the meantime if you have questions about the proposed regulations, please contact one of the employment law attorneys at Dickinson, Mackaman, Tyler & Hagen, P.C. at 515-244-2600.
Please click here to view the new proposed regulations.
EMPLOYER ALERT: DOL WILL RELEASE NEW PROPOSED FMLA REGULATIONS ON MONDAY, FEBRUARY 11, 2008
Prepared By Helen C. Adams
The United States Department of Labor (“DOL”) has announced that it plans to publish proposed new FMLA regulations in the Federal Register on February 11, 2008. The proposed regulations are expected to contain suggested revisions to the FMLA regulations currently in effect and to contain proposed regulations dealing with the new FMLA military leave provisions that were signed into law by President Bush last month. It is anticipated that public will have 60 days to provide comments to the DOL on the draft regulations. As soon as the new regulations have been published, we will send a supplemental notice with the website location.
The Dickinson Law Firm Employment Law Section will be reviewing the proposed regulations and will post a summary of the proposed changes at the firm’s website www.dickinsonlaw.com in the very near future. Please check the website for updated information. In the meantime if you have questions about the proposed regulations, please contact one of the employment law attorneys at Dickinson, Mackaman, Tyler & Hagen, P.C. at 515-244-2600.
New Book by Dickinson Law Firm’s Employment and Labor Attorneys: Model Policies and Forms for Iowa Employers
The Model Policies and Forms for Iowa Employers, written by the attorneys at Dickinson, Mackaman, Tyler and Hagen, P.C. explains employment laws in plain English, using language everyone can understand.
According to Mike Ralston, the President of the Iowa Association of Business and Industry, “This is the premier guide for anyone who deals with the rapidly changing world of employment laws and regulations.” It contains more than 100 forms and model policies, and comes with a bonus CD so one can easily personalize and print what is needed. Some have said that it is like having an HR filing cabinet on one’s computer desktop. The Model Policies and Forms for Iowa Employers includes chapters on job descriptions and employment applications, candidate screening, time of hire, hours of work and overtime, complaint procedures, termination and many more.
Russell Samson, co-editor of the Model Policies and Forms and partner at the Dickinson Law Firm noted, “The employment attorneys with this firm began partnering with ABI in 1992, with the publication of Guide to Iowa Employment Laws. We are pleased not only that the relationship continues, but that employers in Iowa have come to look to ABI as the source for information on helping them do business in this state.”
To check out the table of contents and read a chapter, go to the publisher’s web site:
www.accr.biz/publications/iowa/iowa
President Bush Signs Military Leave FMLA Expansion Bill Into Law
On January 28, President Bush signed a bill expanding the coverage of the Family & Medical Leave Act. Under the new FMLA expansion law, employers are required to permit a "spouse, son, daughter, parent or next of kin" to take up to 26 weeks of unpaid FMLA leave to care for a member of the Armed forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. For purposes of this section of the new law, "next of kin" means the nearest blood relative of an individual. Employers also must provide up to 12 weeks of FMLA leave to employees due to a "qualifying exigency" as the result of a spouse, son, daughter or parent being placed in active duty, or being notified of an impending call or order to active duty, in the Armed Forces in support of a contingency operation. While the new law does not define "qualifying exigency," examples could include overseas assignments, troop mobilizations and recalls to active duty.
Congress did not specify an effective date for when these new changes take place. It is suggested that employers should assume that the provision allowing FMLA leave to care for an injured service member became effective as soon as the President signed the bill into law. Chief congressional sponsors of the bill have indicated that they anticipate that employers may have some ramp-up time to get into compliance with the new leave requirements. It is clear that the provision allowing leave for "qualified exigencies" will not be effective until the DOL prepares regulations defining this term. Employers should modify their FMLA policies to include these expanded leave rights and begin to notify employees as soon as possible of the expanded leave rights. Employers also should be on the look out for a revised FMLA poster which includes the new leave requirements to be posted in conspicuous areas.
President Bush signed the leave expansion bill into law just weeks before the DOL is expected to release proposed FMLA regulations. It is anticipated that the revised regulations could include some guidelines further explaining the new leave requirements for military families and caregivers.
If you have questions about the expansion to the FMLA and what it means to your company, please contact Helen C. Adams (hadams@dickinsonlaw.com or 515-246-4555) or another member of the employment law section for further information about the new law.
EMPLOYER ALERT: FMLA REVISED FORMS AND POSSIBLE REVISIONS TO THE FMLA REGULATIONS
By:
Helen C. Adams
Dickinson, Mackaman, Tyler & Hagen, P.C.
hadams@dickinsonlaw.com
DOL Issues Revised Forms.
In late 2007, the Department of Labor (“DOL”) reissued its FMLA Certification Form (WH-380) and Request for Leave Form (WH-381). The forms contain no substantive changes. The new forms, which contain a new government control number, have a new expiration date of September 30, 2010. While the forms are optional, many employers use the DOL medical certificate form, when requesting medical information in support of an employee’s request for medical leave. Employers who do use the DOL forms should insure that they are using the current version of the medical certificate and request for leave form with the new OMB number, which can be downloaded free from the DOL using the following links.
www.dol.gov/esa/regs/compliance/whd/fmla/wh380.pdf
www.dol.gov/esa/regs/compliance/whd/fmla/wh381.pdf
Proposed FMLA Regulations May Be Right Around The Corner Or Not.
The DOL recently stated that it intends to propose changes to the FMLA regulations and that those revised regulations may be released as early as January of 2008. The main focus of the changes will be to address issues that have arisen as a result of the United States Supreme Court’s decision in Ragsdale v. Wolverine Worldwide, Inc. In Ragsdale, the Court invalidated an FMLA regulation that penalized an employer for failing to send written notice that it was counting leave as FMLA leave by prohibiting the employer from counting any of the leave taken before the employer gave notice toward the 12 week FMLA entitlement. The regulation, in essence allowed an employee to take more than 12 weeks of leave if the employer forgot to send specific notice.
In December of 2007, the DOL stated that it intends “to propose revisions to address issues raised by this and other judicial decisions.” It is unknown whether the DOL will propose a broad range of changes to the FMLA regulations or keep the focus narrow and propose only those changes needed to fill-in gaps in the regulations resulting from various federal court decisions invalidating various portions of the regulations. Employers have long been waiting for these proposed regulations and it appears possible that the wait may soon end. However, other DOL representatives have indicated that a January release date may or may not be realistic and is not guaranteed.
KRAUSMAN MEDIATION TALK
Jeffrey A. Krausman recently spoke to the Lincoln Inne on the issues to be considered prior to the mediation of a dispute. His remarks entitled "Preparing Yourself and Your Client for Mediation" are available at the following link. See remarks here.
NEW I-9 FORM RELEASED
USCIS announced this afternoon that it has released a new version of Form I-9, Employment Eligibility Verification, as well at the M-274, Handbook for Employers, Instructions for Completing the Form I-9. The form is available on the USCIS website : http://www.uscis.gov/files/form/I-9.pdf
USCIS "encourages" use of the new form immediately, but indicates that it will not be required until notice is published in the Federal Register.
NEW I-9 FORM
DHS has decided to issue a new I-9 form and employer handbook at this time, perhaps as early as the week of November 5. Instead of publishing a new regulation now, which was DHS's original plan, DHS will instead go forward now with an I-9 form based on the 1997-98 regulations, and then will publish a new regulation, with a newer I-9 form, in 2008.
Hagen Spoke at the 112th Annual Convention of the Iowa Bankers Association
Howard Hagen recently spoke at the 112th Annual Convention of the Iowa Bankers Association. The topic of his speech was “Buying and Selling Banks -- The Seven Year Itch & the Rules of Ten.” In the presentation he focused upon the current bank merger environment in Iowa and the United States and the anticipated trends in the next few years.
Change in SSN No-Match Procedure Put on Hold
A federal district court in California has temporarily stopped the Department of Homeland Security (DHS) from implementing its final rule regarding Social Security No-Match letters, which was supposed to go into effect on September 14, 2007.
The regulation explains employer obligations regarding workers’ employment authorization verification. In particular, the regulation instructs employers regarding how to handle "no match" letters issued by the Social Security Administration (SSA) and DHS. The SSA sends no-match notices if employees’ names and social security numbers (as provided by the employer) do not match the SSA database. Likewise, DHS issues notices to employers when it discovers (usually during an agency audit) that employment authorization documents or immigration status documents (usually referenced in an employee’s I-9 form) do not harmonize with DHS records.
Ultimately, the regulation says that if the problem cannot be corrected within 90 days (via specific steps set forth in the regulation), the employer should fire the employee or it could be found to have "knowingly" allowed unauthorized workers to work for them.
Various entities, including the AFL/CIO and US Chamber of Commerce, filed a lawsuit against DHS in the federal District of Northern California alleging, among other arguments, that the regulation: (1) exceeds DHS’ authority by interpreting the Immigration Reform and Control Act’s anti-discrimination provisions; (2) is arbitrary and capricious, because DHS failed to provide a reasoned analysis for its new position that a no-match letter, by itself, is sufficient to put the employer on notice of an authorized worker; and (3) violates the Regulatory Flexibility Act, as the DHS did not conduct a final flexibility analysis regarding its impact on small businesses.
EMPLOYER ALERT: TIME TO CHECK YOUR EMPLOYMENT POSTERS
As year-end approaches, fall presents a good time for employers to confirm that their employment posters are current, readable and posted in prominent areas where employees have frequent access. There are at least two new posters that Iowa employers need to have posted. First, there is a revised federal minimum wage poster, reflecting the recently enacted federal minimum wage increases. This poster is available for viewing, downloading and posting, free of charge, from the federal Department of Labor’s website at http://www.dol.gov/esa/whd. Iowa employers also should verify whether that they have the current Iowa poster on minimum wage posted as well and should check other states’ requirements where employees are located. The current Iowa minimum wage poster can be found at http://www.iowaworkforce.org/labor/minwage.pdf.
Second, as of July 1, 2007, sexual orientation and gender identity are protected classifications under the Iowa Civil Rights Act (“ICRA”). Thus, Iowa employers also need to make sure they have posted the revised ICRA poster which lists the new protected classes to make sure that your company is in compliance with its posting obligations. The revised ICRA poster can be viewed, downloaded and printed for posting from the Iowa Civil Rights Commission website at http://www.state.ia.us/government/crc/docs/eeocposter2007.htm.
If you have questions about the posters described above or your general posting obligations as an employer, please contact one of the employment law attorneys at Dickinson, Mackaman, Tyler & Hagen, P.C. at 515-242-2600.
L. Call Dickinson, Jr. Remembered
Call Dickinson, the son and grandson of the founders of the law firm currently named Dickinson Mackaman Tyler & Hagen, P.C., died at his home in Des Moines, Iowa, on September 22, 2007. Mr. Dickinson was a lifelong Iowan, and he practiced business as well as corporate law in the firm for thirty-eight years prior to his retirement. During his professional career, Mr. Dickinson served the legal community as well as the greater community. He was a welcome member on bar association and community boards and committees. Mr. Dickinson graduated from The University of Iowa and Drake University Law School, where he was a member of Order of the Coif.
“Mr. Dickinson was such a gentleman and a scholar; he exemplified the highest traditions in the legal profession. His memory will live on in the name of the firm, and his contributions to our success will not be forgotten,” said Howard Hagen, president of the firm.
Dickinson Attorneys Selected For Inclusion In Best Lawyers In America 2008 And Chambers USA: America’s Leading Lawyers For Business
Best Lawyers in America has honored nine firm attorneys by selecting them for inclusion in the 2008 edition. The publishers of Best Lawyers in America state that the annual compilation of the Best Lawyers in America is based on an exhaustive and rigorous peer-review survey. Our attorneys honored in the 2008 edition of Best Lawyers in America are: Helen C. Adams in labor and employment law; Bret A. Dublinske in communications law and in energy law; Howard O. Hagen in banking law; David M. Repp in tax law and in trusts and estates; Russell L. Samson in labor and employment law; Jon P. Sullivan in bankruptcy and creditor-debtor rights law and in real estate law; Paul R. Tyler in real estate law; John K. Vernon in family law; and J. Marc Ward in corporate law.
The Chambers legal guides state that they celebrate excellence of lawyers and law firms around the world. According to Chambers, every year it conducts thousands of in-depth interviews with clients in order to assess the reputations and expertise of business lawyers in 175 countries across the globe. Chambers lists Helen C. Adams, Russell L. Samson, and Bridget R. Penick as leaders in employment law, while Paul R. Tyler and Jon P. Sullivan have been selected again this year as leaders in real estate and property law.
In its description of the attorneys selected as leaders in real estate law, Chambers had this to say about Paul Tyler “. . . a wonderful guy, easily as good as anyone around. Historically recognized for his work with leading financial institutions in the state, his position at the head of the rankings was undisputed.” Jon Sullivan received recognition for being both “highly active and highly knowledgeable.” Also praised for his financial work, peers expressed their admiration for his “cerebral” approach.
Describing the firm’s Employment Law Practice Group, Chambers notes “A core of eight attorneys form this 'top flight' employment law team” and clients placed emphasis on “the firm’s extensive expertise and experience” and its ability to keep clients out of court as much as represent them inside.
Chambers reports that Helen Adams is “the cream of the crop,” frequently recognized for her work in employment litigation, which, coupled with her energy and experience, led several peers to mark her as “always my first choice if I need to refer work.” As a more traditional labor attorney, Russ Samson . . . is referred to by peers as the “dean of labor law.” Interviewees were keen to stress that while he is primarily known for his union work, he has a “great knowledge of the full range of employment.” Bridget Penick specializes in the niche of immigration law as it relates to employment, although she has also undertaken several religious discrimination defense cases.
Attorneys Invited to Join Blackstone Inn of Court and C. Edwin Moore Inn of Court
Joseph A. Cacciatore has been invited to join the Blackstone Inn of Court as a Barrister and Emily S. Pontius and Megan J. Erickson have been invited to join as associate members. Other firm members of the Blackstone Inn of Court are Helen C. Adams and Bridget R. Penick.
Mollie M. Pawlosky has been invited to join the C. Edwin Moore Inn of Court and Jill Jensen-Welch has moved to being a Barrister, from an associate membership. F. Richard Lyford is also a Master in the C. Edwin Moore Inn of Court.
American Inns of Court are societies of advocates. The primary responsibility of the invitation-only membership is the education of advocates, young and not-so-young through collegiality and the mentor-pupil relationship.
Hodge Announced as 2007-2008 Leadership Iowa Class Member
Jennifer Hodge has been announced as a 2007-2008 Leadership Iowa class member by the ABI and the Iowa Association of Business and Industry Foundation. http://www.leadershipiowa.com/this_years_li_class.asp
Adams Selected to Present at the Litigation Counsel of America's Fall Conference
Helen Adams has been selected to make a presentation on Living with the Federal E-discovery Rules at the Litigation Counsel of America's Fall Conference. The Fall Conference will be held on November 1 and 2, 2007 at the Hyatt Regency Scottsdale Resort at Gainey Ranch in Scottsdale, Arizona. The Litigation Counsel of America is a trial lawyer honorary society comprised of experienced litigators throughout the United States, and represents less than one-half of one percent of American lawyers. Fellowship in the LCA is limited and by invitation only. LCA Fellows are trial lawyers in the American bar whose selection is based on accomplishment in litigation and trial work, and their reputations. The composition of the Litigation Counsel of America is aggressively diverse, with recognition of excellence in litigation across all segments of the bar. In addition, the LCA is dedicated to promoting superior advocacy, professionalism, and ethical standards among its Fellows.
Law Firm Welcomes New Associate
Dickinson Mackaman Tyler & Hagen, P.C. is pleased to announce that Megan J. Erickson has joined the firm as an associate. Megan joins the firm after graduating with high honors from Drake University Law School, Des Moines, Iowa, where she was a Dwight D. Opperman Scholar. During her law school career, Megan was a member of the Drake Law Review and an intern with the United States Court of Appeals for the Eighth Circuit and the United States District Court for the Southern District of Iowa. Megan graduated with distinction from Iowa State University in 2000 with a Bachelor of Science degree in journalism/public relations and sociology. Megan’s hometown is Exira, Iowa.
Adams to Speak at Iowa Hospital Association Annual Meeting and Trade Show
Helen Adams, shareholder, has been invited to speak at the Iowa Hospital Association Annual Meeting and Trade Show to be held at the Des Moines Marriott Downtown in Des Moines, Iowa on October 2-4, 2007. Ms. Adams, who practices primarily in the areas of employment and trial law, will present on October 2 from 1:15-2:30 p.m. and will provide attendees with an employment law update on cases and issues affecting the health care industry in Iowa and nationally.
Tyler Honored by ISBA President at Annual Award Banquet
Paul Tyler was honored with the Outstanding Committee Chair Award by ISBA President Marion Beatty at the Iowa State Bar Association's 134th Annual Meeting President's Award Banquet. Paul was recognized for his dedicated service as Chair of the ISBA Building Committee. Paul has been instrumental in the ISBA's purchase and renovation of its new headquarters building, slated to open in September 2007. Paul was also recognized at the Banquet for his years of service as a Governor of the Iowa State Bar Association
Bridget Penick has become the 2007-08 President of the Young Lawyers Division of the Iowa State Bar Association
Bridget Penick has become the 2007-08 President of the Young Lawyers Division of the Iowa State Bar Association. The gavel was passed from outgoing President Jen Chase to Bridget during the Iowa State Bar Association's 134th Annual Meeting President's Award Banquet. Bridget served as a member of the YLD Executive Council from 2003-05, Secretary of the YLD in 2005-06, and President-Elect in 2006-07.
Banking Practice Group Starts Iowa Banking Law Blog
The Banking and Financial Institutions Practice Group has started an Iowa Banking Law Blog. The website, available at www.iowabankinglawblog.com, will have updated legal information relevant to the Iowa banking industry, including changes in the law, new cases, regulatory updates, and other important issues affecting the industry. The content of the site will be similar to that of the Community Bank Brief, which will still be distributed, but will have unique content, more frequent updates, and links to interesting articles and releases. Once on the site, you can subscribe to receive updates via email or through a newsreader, such as Google News or Newsgator. It is our hope that this site will be a valuable resource to the Iowa banking community. Your feedback is valued, please contact Jeffrey Andersen (jandersen@dickinsonlaw.com) if you have any questions or comments.
Horvath Authors Chapter on Wind Farms
Paul E. Horvath, a shareholder, authored a chapter entitled "Alternative Energy: Wind Farms" which was just published in The Best Practices of Leading Energy Lawyers, Inside the Minds Series, by Aspatore Books. Paul practices primarily in energy and environmental law
ADAMS AND PENICK NAMED FELLOWS OF LITIGATION COUNSEL OF AMERICA
Dickinson attorneys Helen Adams and Bridget Penick have been selected as Fellows of the Litigation Counsel of America. Ms. Adams is a shareholder and senior litigator in the firm’s employment and litigation sections. Ms. Penick is a shareholder, and is an active member of the firm’s employment and litigation sections, and has an immigration practice as well. Both Ms. Adams and Ms. Penick received their Juris Doctor degrees from the University of Iowa College of Law.
The Litigation Counsel of America is a trial lawyer honorary society comprised of experienced litigators throughout the United States, and represents less than one-half of one percent of American lawyers. Fellowship in the LCA is limited and by invitation only. LCA Fellows are trial lawyers in the American bar whose selection is based on accomplishment in litigation and trial work, and their reputations. The composition of the Litigation Counsel of America is aggressively diverse, with recognition of excellence in litigation across all segments of the bar. In addition, the LCA is dedicated to promoting superior advocacy, professionalism, and ethical standards among its Fellows.
IMMIGRATION ALERT
The Department of Labor has issued new rules, effective July 16, 2007, regarding labor certifications for employment-based greencards. Click here for a summary of the rules.
Adams Authors Labor and Employment Client Strategies Chapter
Helen Adams, a shareholder in the firm's employment law and litigation practice groups, is the author of a chapter entitled: "Putting the Client in a Position to Succeed" in Labor and Employment Client Strategies (2007), published by Aspatore Books. Helen advises businesses on a wide range of employment related matters and handles employment and commercial litigation in both state and federal court.
Pontius Published in March 2007 NASPA Forum Newsletter
Emily Pontius, associate, recently published Records Left Behind When Students Transfer in the March 2007 issue of the NASPA Forum. The Forum is the monthly newsletter of the National Association of Student Personnel Administrators, the largest professional organization for student affairs administrators, faculty, and graduate students in higher education. The article discusses how administrators should handle education records when students transfer out of the institution. The newsletter is available at www.naspa.org/naspa_forum.
Penick Authors Negotiating Employment Disputes
Bridget Penick, shareholder, is the author of a chapter entitled: "Stepping in Before the Problems Start" in Negotiating Employment Disputes (2007), published by Aspatore Books. Bridget practices primarily in Employment Law and handles employment-related litigation and immigration matters.
Law Firm Honors Life and Work of Founding Partner
Robert E. Mannheimer, 88, one the firm’s early partners, died on February 14. Mr. Mannheimer was a life-long Iowan and a significant contributor to the community. Early in his legal career, Mr. Mannheimer led a community-based campaign to adopt the council-manager form of local government, and was named Outstanding Young Man of the Year in Polk County, Iowa, by the Junior Chamber of Commerce for his efforts. Mannheimer also served as chairman of the Mayor's Task Force on Equal Opportunity.
Mr. Mannheimer’s commitment to the highest principles of the legal profession and to the enhancement of Des Moines and of Iowa was evident to all who had the privilege of practicing law with him and who served with him on charitable boards and foundations.
Among the charitable boards on which he served during his long career were the Des Moines chapter of the National Conference of Christians and Jews; the Lutheran Social Service Charitable Foundation; United Way; the Tall Corn Area of the Boy Scouts of America; the Des Moines Civil Service Commission; the Des Moines Symphony and the Des Moines Symphony Foundation; the Des Moines Playhouse; the Des Moines Jewish Foundation; the Iowa Civil Liberties Union; the "I Have a Dream Foundation;" the Alumni Association of Grinnell College; Temple B'nai Jeshurun; the Jewish Welfare Federation of Des Moines; Children and Families of Iowa; the Greater Des Moines Community Foundation; and the Committee on Professional Ethics and Conduct for the Polk County chapter of the Iowa Bar Association.
In 1969, Grinnell College honored him with its Alumni Award for Distinguished Service, and in 1972 he was honored by the National Conference of Christians and Jews.
Mr. Mannheimer retired from the firm in 1996, after a distinguished legal career spanning over fifty years.
New Iowa Minimum Wage Poster Now Available
Iowa Workforce Development has released the newly-required Minimum Wage Poster. Employers can view and download a copy of it at: http://www.iowaworkforce.org/labor/minwage.pdf. For more information on the increases in Iowa's minimum wage, see the article in the upcoming Hire Perspectives newsletter.
Fletcher Authors Business Torts in Iowa
Joan Fletcher, shareholder, is the author of the Iowa business torts chapter for the 2007 edition of Business Torts: A Fifty-State Guide, published by Aspen Press. Topics covered in the Iowa chapter include misappropriation of trade secrets, the relevant statutes of limitation, restrictive covenants and covenants not to compete, tortious interference, negligent misrepresentation, and others. Joan is a litigator and practices in both state and federal courts.
Employment Law Alert: Iowa's Minimum Wage Will Go Up, And Up Again
On January 25, 2007, Iowa Governor Chet Culver signed into law a bill raising Iowa’s minimum wage from $5.15 to $6.20 per hour. The new pay rate goes into effect April 1, 2007. The bill also provides for another pay hike on January 1, 2008—to $7.25 per hour. The new Iowa law continues to allow lower wage levels for employees in their first ninety days of employment, but increases that wage to $5.30 per hour effective April 1, 2007, and to $6.35 per hour effective January 1, 2008. Employers should look for updated posters to hang in the workplace prior to the April 1, 2007, wage change.
Employers are covered by both the state and federal minimum wage laws, and must comply with the law requiring the higher minimum wage. Because of the interplay between the state and federal law, the new Iowa minimum wage law may only speed up the inevitable. The United States Senate has passed a bill that will raise the minimum wage from $5.15 to $7.25, but added small-business tax breaks that were not in the House bill. The issue will likely head to a conference committee to iron out the differences between the House and Senate versions of the bill. Under both current versions, the federal legislation would raise the minimum wage to $5.85 sixty days after enactment; to $6.55 twelve months later; and then to $7.25 after another twelve months. Both the federal and state minimum wage laws contain provisions exempting certain small businesses and industries. If you have questions about how Iowa’s minimum wage increase will affect you as an employer, contact one of the members of our law firm’s Employment Law Section through our website www.dickinsonlaw.com.
**IMMIGRATION ALERT**
On February 1, 2007, the USCIS published a proposed rule in the Federal Register proposing to increase all fees for immigration-related form filings. The proposed fee increases are dramatic, with a weighted average increase of $174 per form, shifting the average fee per form from $264 to $438.
Some of the most common forms are scheduled to increase as follows:
FORM CURRENT FEE NEW FEE
I-129 $190 $320
I-130 $190 $355
I-140 $195 $475
I-485 $325 $905 (now includes EAD/AP automatically)
I-539 $200 $300
I-765 $180 $340 N-400 $330 $595
The proposed rule announced a 60-day comment period; thus, any input on these proposed increases must be submitted by April 2, 2007. There is no set date for the fee increases to be implemented, but it will be after April 2, 2007.
For more information, including a complete listing of the proposed increases, contact Bridget Penick at bpenick@dickinsonlaw.com or 515-246-4545.
Law Firm Welcomes Three New Associates
Dickinson Mackaman Tyler & Hagen, P.C. is pleased to announce that Jeffrey J. Andersen, Emily S. Pontius, and Mary A. Zambreno have joined the firm as associates.
Jeff is a Des Moines, Iowa, native who graduated from Iowa State University in 2003, with a bachelor of science degree, and was inducted into Phi Beta Kappa in 2002. He attended law school at the University of Iowa College of Law and graduated with distinction in May 2006. Jeff was a student writer on the law review and served as a legal intern at the law school’s legal clinic.
Emily has joined the firm following her May, 2006 graduation from The George Washington University Law School in Washington D.C. Emily is originally from Woolstock, Iowa; she graduated with a bachelor of arts degree in journalism from Iowa State University in 1998. She received a masters degree from Indiana University, Bloomington, Indiana. During her law school career, Emily was a Dean's Fellow and Vice-President of the law school’s Alternative Dispute Resolution Board.
Mary is a 2004 law graduate of DePaul University College of Law where she participated in the law school’s Moot Court Society and competed in the National Family Law Moot Court Competition and the National Juvenile Law Moot Court Competition. Mary was on the Dean’s List and was a recipient of the Dean’s Minority Merit Scholarship. Mary has a bachelor of arts degree with honors from Northwestern University. Prior to joining the firm, Mary was an associate with the law firm of Schiller, DuCanto and Fleck in Chicago. Currently, Mary is only admitted to practice in Illinois.
Attorneys Selected for Inclusion in Best Lawyers in America 2007
Best Lawyers in America has honored eight firm attorneys by selecting them for inclusion in the 2007 edition. The publishers of Best Lawyers in America state that the annual compilation of the Best Lawyers in America is based on an exhaustive and rigorous peer-review survey. Our attorneys honored by inclusion in the 2007 edition of Best Lawyers in America are: Helen C. Adams in labor and employment law; Bret A. Dublinske in communications law; Howard O. Hagen in banking law; David M. Repp in tax law and trusts and estates; Russell L. Samson in labor and employment law; Jon P. Sullivan in real estate law; Paul R. Tyler in real estate law, and John K. Vernon in family law.
Like Best Lawyers in America, the Chambers legal guides state that they celebrate excellence of lawyers and law firms around the world. According to Chambers, every year it conducts thousands of in-depth interviews with clients in order to assess the reputations and expertise of business lawyers in 175 countries across the globe.
Chambers lists Helen Adams, Russ Samson, and Bridget Penick as leaders in employment law, while Paul Tyler and Jon Sullivan have been selected again this year as leaders in real estate and property law.
Joan Fletcher Serving as President of CFI Board of Directors
Children and Families of Iowa (CFI) is a non-profit human services organization dedicated to helping strengthen Iowa's children and families, by offering a broad array of programs and services to support the growth and well-being of children, adults and families throughout Iowa. In the past year, CFI reached over 15,000 people in 89 of Iowa’s 99 counties through its family-centered counseling programs, treatment for troubled teens, child development programs, and therapy services. Joan Fletcher, shareholder, has served on the CFI Board for several years and is serving as the 2006 President of the CFI Board of Directors.
The firm has enjoyed a long relationship with CFI dating back to some of the founding members of the law firm including Robert Mannheimer and the late Addison Parker. Helen Adams, shareholder, is the immediate past president of the Board of Directors.
Penick to Speak at Employment Law Seminar
Bridget Penick, shareholder, will speak on employment law at the Hotel Fort Des Moines on August 17, 2006, at a seminar for human resources professionals and business owners. The seminar is entitled Recent Developments in Employment Law, and is sponsored by Sterling Education Services, Inc. Bridget practices in all aspects of employment law, and she routinely writes and speaks on employment law topics of interest to businesses and human resources professionals.
Adams Elected as President of Chrysalis Foundation Board
Helen Adams, shareholder, was recently elected President of the Board of Directors of the Chrysalis Foundation. Helen has served on the Board for several years prior to her election.
The Chrysalis Foundation was founded by Central-Iowa philanthropist, the late Louise Noun, to promote self-reliance, economic independence, and leadership opportunities for all women and girls, at any point in their lives. The foundation seeks to remove cultural, educational, societal, and political barriers for girls and women by funding programs that provide educational and vocational opportunities for them.
Five Dickinson Attorneys Listed in Chambers USA: America’s Leading Lawyers for Business
The Chambers legal guides state that they celebrate excellence of lawyers and law firms around the world. According to Chambers, every year it conducts thousands of in-depth interviews with clients in order to assess the reputations and expertise of business lawyers in 175 countries across the globe. Chambers lists Helen Adams, Russ Samson, and Bridget Penick as leaders in employment law, while Paul Tyler and Jon Sullivan have been selected again this year as leaders in real estate and property law.
In its description of the attorneys selected as leaders in real estate law, Chambers had this to say about Paul Tyler. "...Paul Tyler takes a top spot in the rankings due to his long presence at the forefront of real estate law.... His work with financial institutions...has allowed this affable figure to carve a niche for himself as an excellent and detailed lawyer." Jon Sullivan was singled out by Chambers as a leading real estate attorney in the areas of foreclosures and bankruptcy matters for his "scholarly and courteous manner;" those interviewed during the selection process commended Jon for "being highly capable and competent."
Describing the firm’s Employment Law Practice Group, Chambers notes that ten attorneys form the heart of this practice group that really understands the business of its clients and can explain the law in clear terms. Chambers states that according to clients interviewed about the Employment Law Practice Group, the consensus is that the team is "one of the most highly sought after [legal] teams in the Midwest."
Chambers reports that clients prize Helen Adams’ knowledge and approachable demeanor, and coupled with her ability to communicate with people at all levels, equip her with a great presence. Russ Samson, according to Chambers is "the guru" in the traditional domain of labor work; clients say that Russ is a key attorney to have in their corner. Bridget Penick makes her debut in Chambers this year. According to Chambers, clients are impressed with her knowledge and thorough approach to the law.
The Best Lawyers in America is another widely known referral guide. According to Best, its guide is compiled through an exhaustive peer-review survey in which thousands of lawyers in the U.S. confidentially evaluate their professional peers. Best states that the current 2006 edition is based on more than 1.5 million detailed evaluations of lawyers by other lawyers. When Best published its biennial guide last autumn, six Dickinson attorneys had been included the 2006 Best Lawyers in America edition, including Howard Hagen and Marc Ward in Banking law, John Vernon in Family Law, Russ Samson in Labor and Employment Law, and Paul Tyler and Jon Sullivan in Real Estate Law.
Law Firm Honors Memory of Addison M. Parker, Jr. - January 22, 1916 - June 15, 2006
Our long-time colleague, Addison Parker, died on June 15th, following a short illness. Addison was a member of the firm for over forty years prior to his retirement in 1992. His gentle wit, extraordinary scholarship and passion for providing legal services to the needy exemplified the highest traditions of the legal profession. We mourn his passing and extend our deepest sympathy to his family and friends.
Marc Ward to Write Chapter on Iowa Law for Forthcoming Book
Marc Ward, shareholder, has been asked by the Bureau of National Affairs (BNA), one of the nation’s leading publishers of legal resources, to author the Iowa chapter of its upcoming treatise entitled Doing Business as a Foreign Corporation. Marc, the chair of the firm’s corporate law practice group, was also the author of Guide to Limited Liability Companies.
Hagen to Speak to Community Bankers
Howard Hagen, shareholder, will travel to Beaver Creek, Colorado, to speak to the Midwest Conference of Community Bankers on July 25, 2006. Howard’s presentation is entitled “The Brave New World of Banking: Convergence or Collision?” He will discuss the impact of technology on traditional concepts of providing banking and financial services. The conference will be held at The Charter at Beaver Creek, Colorado.
Paul R. Tyler, American Bar Foundation Fellow
Paul Tyler, shareholder, has been invited to become a fellow of the American Bar Foundation, whose membership is limited to less than one percent of all attorneys licensed to practice in each state. According to the Foundation, it “is an honorary organization of attorneys, judges and law professors whose professional, public and private careers have demonstrated outstanding dedication to the welfare of their communities and to the highest principles of the legal profession.”
Adams Honored as YWCA/Bankers Trust 2006 Woman of Achievement
The YWCA and Bankers Trust have selected four honorees for the prestigious 2006 Women of Achievement award, which has been presented annually for the past twenty-five years. Helen Adams, shareholder, has been selected as one of this year’s award recipients for her contributions to the community through her far-reaching and selfless volunteer efforts on behalf of others. Helen has served as a board member of the Chrysalis Foundation, the United Way Campaign Cabinet, Children and Families of Iowa, and the Iowa State University Research Park Corp.
Adams to Participate in United Way Panel Discussion
The United Way of Central Iowa has tapped Helen Adams, shareholder, to serve on a panel of non-profit CEOs and board members for a two-hour seminar entitled “Tips on Becoming a Highly Effective Non-Profit Director” for its Emerging Leaders Initiative on May 4, 2006. Helen is a past board of directors president of the not for profit organization, Children and Families of Iowa, and has chaired fund raising initiatives for United Way.
ATTORNEYS TO SPEAK AT EMPLOYMENT SEMINAR
On June 16, 2006, Rebecca Boyd Dublinske, Bridget Penick and Jill Jensen-Welch will present a seminar, accredited for 6.75 Iowa CLE hours, entitled “Documents Employers Can’t Live Without in Iowa.” They will present the seminar on behalf of Lorman Education Services, and it will be held at the Embassy Suites on the River in Des Moines. The seminar is designed for human resources managers and executives, finance executives, corporate financial officers, corporate operations officers, and attorneys.
MALM AND OWENS REPRESENT PRODUCERS OF HAUNTING VILLISCA
In 1912, eight people were brutally murdered in a small white house in the small town of Villisca, Iowa. Although there were many suspects, no one was ever charged or convicted of the murders. Now, almost one hundred years later, the identity of the murderer remains unknown. Kimberly Busbee and James Serpento have written, produced and directed a full length feature film entitled Haunting Villisca that captures the events following the murders, the mystery surrounding the crimes, and the many theories of culpability that have floated down through the decades since the event. Haunting Villisca explores certain paranormal activities that are said to continue to occur in the small white house. The movie will be released in 2006. Richard A. Malm and Arthur F. Owens, shareholders, have provided legal counsel to the project since its inception.
Addison Parker, Retired Shareholder, Honored By Iowa Legal Aid
Addison Parker, a retired shareholder and one of the firm’s founders, was honored by Iowa Legal Aid (ILA) for his commitment and service to ILA and its mission, …”to secure a full measure of justice in public and private affairs for low-income persons”…and “…to improve the lives of people living in poverty by providing high quality legal services.” From the 1960s until his retirement from the firm in 1992, Addison improved the lives of Iowans by his pro bono advocacy in such matters as convincing the Des Moines City Council of its inherent power to pass ordinances that prohibit racial discrimination in housing, and in protecting the civil rights of draftees during the Viet Nam era. Addison also had a hand in obtaining Big Creek Lake, preserving Brown’s Woods for the public, and in preserving Salisbury House in Des Moines. He was previously a board member of the Iowa Civil Liberties Union, and is a member of Iowa State Bar Foundation and the Lincoln Inne. Congratulations Addison!
Jensen-Welch Receives Drake Moot Court Alumni Service Award
Jill R. Jensen-Welch, associate, was selected by the Drake Law School Moot Court Board as the recipient of the 2006 Alumni Service Award for her dedication and contribution to Drake’s nationally recognized moot court programs. Jill volunteers her time to prepare Drake’s moot court teams for regional and national competitions. In addition, she judges intramural moot court competitions at the law school. As a student, Jill served on the Moot Court Board, was a member of Drake’s National Moot Court Team, and won both the C. Edwin Moore and Supreme Court Days Intramural Moot Court Competitions. She graduated with high honors in 2003 and was named Order of the Coif.
Hagen to Speak at the Iowa Independent Bankers
Howard Hagen, shareholder, who practices primarily in banking law will speak on April 20, 2006, at the Iowa Independent Bankers "Leaders of Tomorrow" Spring Conference in Des Moines. He will be speaking on the "Ten Emerging Trends for Young Bankers."
Law Firm Hosts ACC Seminar
For the fifth year in a row, Dickinson Mackaman Tyler & Hagen, P.C., is pleased to have been invited to present a continuing legal education seminar for members of the Iowa Chapter of the Association of Corporate Counsel (ACC). The seminar will be held on April 13, 2006, at the Suites of Locust in Des Moines from 3 - 5 P.M.., followed by a social hour.
This year’s seminar is entitled “Hot Topics: What's New That Every Corporate Counsel Needs to Know Now!" The “hot topics” include:
Suspicious Activity Reporting Requirements for Corporate America
Howard O. Hagen
Corporate Garbage – What Are You Doing to Protect Yours?
Helen C. Adams
Update on New Regulations Governing Employees Returning from the Military
Bridget R. Penick
The Iowa Supreme Court’s New Standard on What Constitutes “Arising out of the course of Employment” for Workers Compensation Benefits
Kristi A. Traynor
What To Do When OSHA Comes Knocking
Joan M. Fletcher
Adams to Speak to Community Providers
Helen Adams, shareholder, will speak at the Iowa Association of Community Providers, Annual Convention and Trade Show, on April 19th at the Iowa State Center – Scheman Building in Ames. Helen, who practices primarily in the area of employment law, will present "2006 Employment – A to Z." Helen speaks and writes frequently on employment law for employers.
Sullivan to Speak on Federal Bankruptcy Law Changes
Jon Sullivan, shareholder, whose practice includes representing creditors in bankruptcy proceedings, will speak at the Mid-Winter Management Conference of Iowa Community Bankers on the recent changes in the federal bankruptcy law and their impact on creditors. Jon speaks in Perry Iowaon February 23.
Hurricane Katrina Calls Lawyer In The Heartland To Volunteer
The Defense Research Institute, a nationally recognized 22,000 thousand member organization concerned with the defense of civil actions, asked Helen Adams, shareholder, to act as an editor of the DRI’s Compendium of state specific employment laws for the state of Iowa. Helen agreed to take on this task for the DRI and began work on the project. But Helen’s completion of the Iowa portion of the Compendium was interrupted by Hurricane Katrina and her article was submitted later than DRI’s due date.
Frank Shuler, the chair of the DRI’s Compendium Project had this to say about Helen and Hurricane Katrina. “She agreed to do the project, and then Katrina hit. She left her practice to volunteer with the American Red Cross. This caused some delay in her submitting her article. But…there is no better reason for a delay. Helen is the type of person you meet through DRI and I am glad to call her my friend.”
In addition to her employment law practice, the completion of her work on the Compendium for DRI, her regular speaking engagements on employment issues facing employers, and her hands-on volunteer activity as the manager of an American Red Cross shelter for 70 persons in Ocean Springs, Mississippi following Hurricane Katrina, Helen also serves on the community based boards and projects for the Chrysalis Foundation, Children and Families of Iowa, and the YWCA of Des Moines.
Vernon a Speaker at the Iowa State Bar Association Family Law Seminar
John Vernon was a speaker at the 2005 Iowa State Bar Association Family Law Seminar, which was hosted on October 27th and 28th. He particiapted in a panel discussion: Common Questions, Clear Answers. Please click the following link to read Mr. Vernon's portion of the discussion. http://www.dickinsonlaw.com/publication_articles.cfm
Hagen a Speaker at the Fall KPMG Audit Committee Roundtable
Howard Hagen spoke at the Fall KPMG Audit Committee Roundtable held on November 3, 2005, at the Marriott Hotel in downtown Des Moines, Iowa. The Fall Roundtable is entitled "Accounting Judgments, Estimates, and Restatements: Implications for Audit Committee Oversight." He was part of a panel reviewing post-Sarbanes’ issues surrounding the audit committee and the audit committee’s role in the oversight of internal investigations.
Malm a Speaker at the 2005 National Workshop on State & Local Food Policy
Richard Malm was a speaker at the 2005 National Workshop on State & Local Food Policy, "Creating Opportunity Through Joint Producer Initiatives.", which was presented at Drake University on September 8-9, 2005. Mr. Malm joined a panel on the topic "Type of Business Organization: Why it Matters". Materials presented at the meeting may be acessed at: www.statefoodpolicy.org/presentations.htm.
Governor's Appointment
Congratulations to Curt Stamp. Curt has been appointed by Governor Tom Vilsack to the Iowa Utilities Board for a term expiring in April, 2007. He will replace Elliott Smith who resigned in August. Curt clerked with Dickinson and was previously an associate with the Firm.
Dickinson law firm receives award for outstanding public service
Dickinson Mackaman Tyler & Hagen has received awards from both the Polk County and Iowa State Bar Associations for outstanding public service based on almost 500 hours of pro bono legal assistance provided in 2004. These services were provided to low income clients in Polk County in the areas of family law, consumer law and real estate law. One case alone totaled over 200 hours. Accepting referrals regularly over the past 15 years, the Dickinson firm has been a long time supporter of the Polk County Bar Association Volunteer Lawyers Project.
Hagen to be on panel at the 2005 Iowa Independent Bankers Annual Convention
Howard Hagen will be part of a panel at the 2005 Iowa Independent Bankers Annual Convention speaking on July 21 on the topic: "Perspectives on Protecting Your Bank and Customers." Representatives from the insurance and accounting industries will also be participating. Focus of the discussion will be on identity theft and internet security.
DMTH Attorneys Listed in 2005 Chambers Guide
The 2005 edition of Chambers USA-America's Leading Lawyers for Business was recently published and Dickinson Mackaman Tyler & Hagen, P.C. (DMTH) and 4 of its attorneys have been named in this edition.
In the area of Employment Law, DMTH was listed as a "Leading Firm" and Helen C. Adams and Russell L. Samson were listed as "Leading Individuals" within the Employment Law category.
In the area of Real Estate Law, DMTH was listed as a "Leading Firm" and Paul R. Tyler and Jon P. Sullivan were listed as "Leading Individuals" within the Real Estate Law category.
Adams Presented at EEOC Seminar:
Helen C. Adams was invited to join other regional and national speakers, including the EEOC Chair Cari M. Dominguez, at an EEOC seminar held July 22, 2005 at the University of Iowa College of Law. Adams spoke on "The New Bermuda Triangle: Navigating the Waters of the ADA, FMLA and Workers' Compensation." The seminars focus on the ADA was chosen to coincide with the 15th Anniversary of the ADA this year. For more information about the seminar, which is designed for business people and human resources professionals, or for registration materials, please refer to http://www.eeotraining.eeoc.gov/profile/web/index.cfm?PKwebID=0x32129b61
FDIC Issues Guidance on Pre-Employment Background Screening
On June 1, 2005, the FDIC issued guidance encouraging financial institutions to implement an effective pre-employment screening process. An effective screening process can help (1) reduce turnover by verifying the applicant's skills, experience, licenses and degrees, (2) confirm the honesty of an applicant's representations, (3) deter theft and embezzlement, and (4) decrease litigation associated with inconsistent hiring practices. For a more in-depth discussion of the FDIC guidance and tips for developing an effective pre-employment screening process please click the following link and open the full PDF article: http://www.dickinsonlaw.com/publication_articles.cfm
Penick elected Secretary of the Young Lawyers Division of the Iowa State Bar Association
Bridget Penick has been elected Secretary of the Young Lawyers Division of the Iowa State Bar Association for 2005-2006. As an officer of the ISBA YLD, she will also serve as an Iowa delegate for the American Bar Association's Young Lawyers Division Assembly.
Pawlosky to Speak at Legal Aid Society of Story County Seminar
Mollie Pawlosky, DMTH attorney, spoke at the Legal Aid Society of Story County's Judicial/Attorney Seminar. The seminar was on Friday, April 29, 2005 at the Scheman Building in Ames. Ms. Pawlosky's presentation focused on Taking and Defending Depositions.
Other speakers at this event included: Hon. Jon Scoles, Chief Judge of the Second Judicial District; Hon. Thomas Hronek, Associate District Court Judge; Hon. Victor Lathrop, Juvenile Court Judge; Hon. Michael Moon, District Court Judge; John Allen, Professor of Law, The University of Iowa College of Law; several Founders of the Story County Legal Aid Society; and, several former Legal Aid Board Presidents.
Deputy Workers' Comp. Commissioner Rules in Favor of DMTH Client
DMTH client Marsden Building Maintenance, LLC recently achieved a victory in a contested case before the Iowa Workers' Compensation Commissioner. Former Marsden employee Tammy Simmons claimed that she sustained permanent disability due to a back injury she allegedly sustained when she slipped and fell in an icy parking lot while in the course of her employment. The incident was unwitnessed. The company-authorized physician treated Ms. Simmons and concluded that she had not sustained any permanent physical impairment and released her to return to work without restrictions. Ms. Simmons' medical expert, however, testified that she sustained a 7% permanent impairment and that she should observe permanent work restrictions.
An Arbitration Hearing was held on October 22, 2004. In an Arbitration Decision dated February 24, 2005, the Deputy Commissioner held that Ms. Simmons did not sustain any permanent disability due to the alleged injury, and she was, therefore, not entitled to collect any permanent disability benefits. The Deputy found that the opinions of Ms. Simmons' expert witness were not as persuasive as those of the company-authorized physician due to defects in the expert's testimony exposed on cross-examination. Marsden was represented by DMTH shareholder Joe Cacciatore.
DMTH Honored at SITI Awards Program
DMTH was honored with the "Best Supporter of the Information Technology Cluster" award at Software and Information Technology of Iowa's (SITI) annual awards program on March 23, 2005. Eleven Iowa technology companies and leaders were honored at the SITI "Powered by Iowa Technology Awards Program" held at the DMACC Synerg-e Center in West Des Moines. SITI president Miriam Ubben stated: ''This awards ceremony recognizes excellence in Iowa's software and information technology industry...The collective leadership within this group is helping to transform the economic landscape of our state.''
For more information about the awards program, please visit: http://www.sitiworks.com/index.asp?NewsId=233 .
EEOC Opens New Information Center To Field Questions From Public
The EEOC has launched the new EEOC National Contact Center (NCC) which will field and respond to the approximately one million calls that the agency receives each year from employees, employers and the general public. The NCC was designed to improve the customer service of the EEOC and to free its mediators to mediate, its investigators to investigate and its litigators to litigate, rather than to field miscellaneous calls. Initially, the NCC will operate on an 18-month pilot basis and will be re-evaluated at the end of that time to determine whether the NCC should continue to operate.
The NCC may be reached, toll free, at 800-669-4000. The TTY number for persons with hearing and speech impairments is 800-669-6820. The NCC will provide callers with access to customer service representatives in 150 languages between 8 a.m. and 8 p.m. (Eastern Time). An automated system with answers to frequently asked questions will be available on a 24-hour basis, seven days a week.
Successful Interviewing Guide Available Through Iowa Workforce Development
Iowa Workforce Development recently released a revised Successful Interviewing Guide to provide valuable information to employers and workers on the application and interviewing process. The Guide was developed by Iowa Workforce Development with input from the Iowa Civil Rights Commission and the U.S. Equal Employment Opportunity Commission.
The Guide provides information on:
· Writing a Job Description
· Advertising the Job
· Discovering an Applicant’s Qualifications
· Avoiding Discrimination During the Hiring Process
· Summary Guide to Application and Pre-Employment Questions
· Sample Employment Application
· Workforce Resources for Employers
The Guide can be accessed at no cost at Iowa Workforce Development’s web site at: http://www.iowaworkforce.org/sig.htm . Limited copies of the Guide are also available through local Workforce Development centers.
Note: The Guide is designed for general educational purposes only and is not intended, nor should it be construed as or relied upon, as legal advice. Users of the Guide should consult their legal counsel or other employment advisor for specific legal advice.
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