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 November 14, 2018  Past Issues

Editor's Note: There will be no Weekly next Wednesday, Nov. 21, due to the Thanksgiving holiday.


Important updates from state's courts:
The state court administrator's office has published new guidelines on the reporting of judicial vacancies across all counties. This change was made in response to what the office described as inconsistent, ambiguous and outdated requirements. The order detailing new guidelines can be found here.

The Fourth Judicial District (Audubon, Cass. Fremont, Harrison, Mills, Montgomery, Page, Pottawattamie and Shelby Counties) currently has a District Judge vacancy and applications for those interested are due Dec. 7 at 12:00 PM. For application questionnaire and instructions contact Angela Collinson via email.

Ida County has a vacancy for a part-time judicial magistrate. The Ida County Judicial Magistrate Appointing Commission will meet in the magistrate courtroom at the Ida County Courthouse in Ida Grove on Dec. 10 at 2:30 p.m. for the purpose of appointing one part-time Magistrate to serve in Ida County for an unexpired term ending July 31, 2021. Instructions for submitting applications and the applications will be available electronically through District Court Administration by contacting Pam Calhoun at pam.calhoun@iowacourts.gov.


New state withholding tax tables for 2019

The Iowa Department of Revenue issued new income tax withholding tables for 2019. The change means that employers will reduce the amount withheld from employee paychecks beginning Jan. 1.

This is the first time since 2006 that the withholding rates have changed. The changes are designed to align the amount of income tax employers remit to the state with the individual income tax cuts included in SF 2417 signed by Governor Kim Reynolds last spring.

Read more here.


Microsoft re-releases revised October 2018 Windows 10 update

The Microsoft Corporation began re-releasing its Windows 10 October update, version 1809, yesterday (Nov. 13). As reported in the Oct. 10 Iowa Lawyer Weekly, the initial release caused loss of files on some computers that installed the release. Microsoft paused that release until it could make revisions.

In a message sent by Windows support yesterday, the company encourages Windows 10 users “to wait until the featured update is offered to your device automatically.” The message also contains links to additional information including “Resuming the rollout of the Windows 10 October 2018 Update.”


Bar officers/leaders welcome requests to visit your area

ISBA officers and leaders are inviting members to request a visit by them to their areas. Officers and leaders seek feedback on what the bar is doing well for members and what additional services it can offer that would benefit them.

Visits already made include Oskaloosa, Ames, Dubuque and Sioux City. Visits currently scheduled for the rest of this year include Algona (Kossuth County Bar Association), Centerville and Osceola (District 5B Bar Association).

To set up a visit, contact Harry Shipley at 515-697-7868 or hshipley@iowabar.org.



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Last chance to participate in Adoption Saturday

Attorneys wanting to finalize adoptions at this year’s Adoption Saturday in Polk County on Nov. 17 can still get on the list if they act quickly. Organizers have extended the deadline, which was originally set for Nov. 2, to this Thursday, Nov. 15. Organizers say there are still spots open for adoptions.

In Iowa, more than a dozen cities and/or counties host Adoption Saturdays, an event started nationally in November 2000 to finalize thousands of adoptions of children in foster care. An estimated 40,000 children have been adopted nationwide since the event began.

This marks the 17th year Polk County will host the event, which runs from 8:30 a.m. to noon at the Polk County Justice Center, 222 5th Ave. in Des Moines.

For more information about the day, contact Erin Mayfield at 515-244-1172 or emayfield@youthlawcenter.org, or Paula Martinez at 515-285-3856 or Paula.Martinez@iowacourts.gov.


ISBA office closures for remainder of the year

To assist members in planning, the ISBA is announcing in advance the days the bar office will be closed between now and the end of the year. Those dates include:

• Thursday, Nov. 22, (Thanksgiving Day)
• Friday, Nov. 23
• Monday, Dec. 24 (Christmas Eve)
• Tuesday, Dec. 25 (Christmas Day)


Timely eCommerce and Intellectual Property CLE agenda

Jonathan Kennedy, Section Chair, ISBA Intellectual Property Law Section

The eCommerce and Intellectual Property Law Sections are pleased to offer their annual joint CLE again this year on Friday, Nov. 30. The CLE will be available for live attendance at the ISBA Building in Des Moines or via live webinar.

The year 2018 has marked a period of expansive changes in the realm of electronic data and eCommerce and their impact on intellectual property. For example, global data privacy regulations (GDPR) went into effect impacting many U.S.-based companies. States are implementing their own GDPR laws, which will affect many U.S. businesses. Federal laws were passed regarding the seizure of data both domestically and overseas.

Outside of the emergence of GDPR, additional topics to be covered include:
• eCommerce Applications and Regulatory Issues Related to Bitcoin and Cryptocurrency
• Legal Issues in 3D Printing
• Data Seizure and the CLOUD Act: Standards and Procedures for U.S. and Foreign Data Seizure
• Online Enforcement Procedures: Domain Name Disputes, Take-Down Notices and Other Ways to Protect Your Online Business

GDPR and the issues above all have implications on, and are intertwined with, intellectual property, including: utility patents, design patents, copyrights and trade secrets.
We look forward to seeing you at our Nov. 30 CLE to connect and discuss these issues.


Governmental agencies defined as employers regardless of size in recent U.S. Supreme Court ruling

In a case decided last week (Nov. 6), the U.S. Supreme Court ruled that governmental agencies must abide by the 1967 Age Discrimination in Employment Act (ADEA) regardless of size. The case, Mount Lemmon Fire District v. Guido et. al., involved firefighters who sued the district for terminating them in violation of the ADEA. The fire district responded that it was too small to qualify as an “employer” under the ADEA.

A 1974 congressional amendment expanded the ADEA to include state and local governments as employers. It also amended the Fair Labor Standards Act to reach all government employers regardless of their size.


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SUPREME COURT OPINIONS
17-0118
State of Iowa v. Anthony Antoine Harris
A defendant requests further review of a court of appeals decision affirming his conviction.
DECISION OF COURT OF APPEALS AFFIRMED IN PART AND VACATED IN PART; DISTRICT COURT JUDGMENT AFFIRMED

18-1365
Iowa Supreme Court Attorney Disciplinary Board v. Derek T. Moran
Grievance commission recommends the revocation of an attorney’s license to practice law for violations of ethical rules.
LICENSE REVOKED

18-1392
Iowa Supreme Court Attorney Disciplinary Board v. Lonnie B. Saunders
Grievance commission recommends the suspension of an attorney’s license for violations of ethical rules.
LICENSE SUSPENDED


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JOB LISTINGS

Associate Attorney - Rawlings Law Firm, Sioux City, IA

Corporate Counsel - Mittera Group, Des Moines, IA

Family law/Transactional Attorney - Ball, Kirk & Holm, P.C., Waterloo, IA

Associate Attorney - Petersen Law PLLC, Council Bluffs, IA

Exchange Officer - IPE 1031, West Des Moines, IA

Business and Estate Planning Attorney - Crary Huff Law Firm, Sioux City, IA

Assistant County Attorney - Jasper County, Newton, IA

Associate Attorney - Jordan & Mahoney Law Firm, P.C., Boone, IA

Associate Attorney - Confidential Employer, West Des Moines, IA

Civil Litigation Associate Attorney - RSH Legal, P.C., Cedar Rapids, IA

Family Law Attorney - Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, IA

Associate Attorney - Shafer & Shafer Law Office, Waukon, IA

Workers Compensation Associate Attorney - RSH Legal, P.C., Cedar Rapids, IA

Associate General Counsel/ Compliance Director - Planned Parenthood of the Heartland, Des Moines, IA

Attorney II(Assistant County Attonrey) - Pottawattamie County, Council Bluffs, IA


ADMISSION ON MOTION

The following individuals applied for admission on motion to the Iowa Bar:

Matthew Shea Hefflefinger, Heyl Royster, Peoria, IL

Jonathan D. Savage, Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, IA

Kirsten A. Byrd, Husch Blackwell, Kansas City, MO

Jonathan Neil Watson, Kankakee County State Attorney's Office, Kankakee, IL

Anyone with questions or comments on the above applicants should contact: Tre Critelli at the Office of Professional Regulation, 1111 East Court Avenue, Des Moines, IA 50319; Phone: 515-348-4670.


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