Thirty TouchPlay businesses have sued the State of Iowa claiming the state breached its contract with the businesses when the legislature banned the TouchPlay lottery machines earlier this year. The lawsuit does not request specified damages but the businesses will be seeking millions. Earlier this year five businesses unsuccessfully fought for an injunction to stop
Business Litigation
Sullivan & Ward Practice Highlight: Rural Electric Cooperative & Public Utility Law
For over fifty years, the Sullivan & Ward law firm has represented rural electric cooperatives and generating electric cooperatives in the state of Iowa, as well as several electric cooperatives from across the country. Our attorneys, including John Ward and Michael Joynt, have gained national recognition for their expertise in the area of rural…
SIX QUESTIONS TO CONSIDER BEFORE FIRING EMPLOYEE
Six Questions to Consider Before Firing an Employee
You should consider the following in deciding whether to fire an employee:
1) Do you have documentation of the employee’s poor performance and/or poor behavior? What is in the employee’s personnel file? You should also conduct a thorough investigation of the events in question including the employee’s…
U.S. SUPREME COURT LIMITS WHISTLEBLOWER RIGHTS
U.S. SUPREME COURT LIMITS WHISTLEBLOWER RIGHTS
A recent United States Supreme Court ruling limits protections for government workers who blow the whistle on official misconduct. New Justice Samuel Alito cast the deciding vote in the 5-4 decision.
Critics have said the ruling silences millions of workers who fear retribution for reporting corrupution or problems with…
DES MOINES UTILITY FRANCHISE TAX CASE HEADED TO TRIAL
DES MOINES UTILITY FRANCHISE TAX CASE HEADED TO TRIAL
Last week, the Iowa Supreme Court reversed a lower court ruling on a franchise tax issued by the City of Des Moines on utilities. Des Moines had been sued in District Court by Lisa Kragnes seeking to declare the utility franchise tax illegal. She won in…
How to Hire the Right Attorney for Your Business
How to Hire the Right Attorney for Your Business
There are four professionals that your business will likely need for start-up and beyond.
1) Attorney,
2) Accountant,
3) Insurance Agent, and
4) Banker.
Recently I read article which quoted fitness video guru Billy Blanks as saying he learned how it important it was to hire…
Corporate Minutes Help Maintain Limited Liability Shield
Corporate Minutes Help Maintain Limited Liability Shield
Corporate minutes often seem unnecessary and mundane. Here’s an article that discusses the importance of minutes and good record keeping in order to maintain limited liability in your corporation or limited liability company.
Click on the Inc article to learn more.
Retaliation Claims Pose Threat
Retaliation Claims Pose Threat
Iowa is known as an "Employment at Will" state. The mantra is that an employer may fire someone for "any reason" or "no reason at all" – as long as that reason is not discriminatory. However, there are exceptions to this rule. One of the major exceptions is when a termination…
Avoiding Defamation Claims In Responding to Reference Checks.
AVOIDING DEFAMATION CLAIMS IN RESPONDING TO REFERENCE CHECKS: Iowa Code Chapter 91B.2
A significant potential liability faced by employers is defamation. To defame someone is to make a false statement that injures the person’s reputation. A written defamatory statement is known as libel. A spoken defamatory statement is slander. In order to have a legitimate…
Iowa Federal Court to Host Teflon Lawsuit Battle
Iowa Federal Court to Host Teflon Lawsuit Battle
Numerous class action lawsuits filed against DuPont have been consolidated in the Federal District Court for the Southern District of Iowa for pretrial proceedings. Approximately one-third of the nation’s population may be affected. The suits allege that DuPont knew for more than 20 years that Teflon and…