THE IOWAFebruary 2021 V81 N1 L AW Y ER NEW YEAR NEW SESSION ISBA LEGISLATIVE TEAM OUTLINES AGENDA AND PRIORITIES FOR 2021 PAGE 6 ALSO IN THIS ISSUE COVID AND THE CONFRONTATION CLAUSE: DOES REMOTE TESTIMONY PASS CONSTITUTIONAL MUSTER? PAGE 14 PRACTICE TIPS FROM NEW JUDGES PAGE 17 19+ Professionals with STEM related degrees - 7 engineering, 10 science including 5 master degrees, 3 Ph.D. degrees and 2 Doctor of Pharmacy degrees 4,460+ U.S. and foreign patent applications filed in the last five years Biotechnology Patents 1,430+ Trademark applications The patent process for biotechnology inventions can be complex. filed in the last five years Inventions in this area are often embryonic and require foresight to effectively protect downstream commercial products. The MVS Biotechnology practice group is comprised of attorneys with a number of advanced degrees including five doctorate and three master’s levels. The group’s specialized training, industry knowledge, and technical experience help clients all over the world overcome such complexities to effectively protect their biotechnology inventions. Because countries have widely varying biotechnology patent laws, we have the experience and team to prosecute and protect these patents all over the world and can craft a strategy to protect your innovations both at home and abroad. Your Worldwide IP Partner Since 1924™ Contact MVS for your intellectual property needs at (515) 288-3667. www.ipmvs.com © 2021 all rights reserved. Table of Contents THE OFFICIAL PUBLICATION OF THE IOWA STATE BAR ASSOCIATION GENERAL INQUIRIES [email protected] or 515.243.3179 EDITORIAL TEAM Editor-in-Chief Copy Editor Melissa Higgins Steve Boeckman [email protected] [email protected] 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 Send address changes to The Iowa Lawyer Mag- 19+ azine, 625 East Court Avenue, Des Moines, IA, Professionals with 50309-1904. Members can contact the member- STEM related degrees - ship department to change their addresses by emailing [email protected]. 7 engineering, 10 science including 5 master degrees, PRINTER 3 Ph.D. degrees and 2 Doctor The Iowa Lawyer Magazine is printed by Mittera Iowa, 10776 Aurora Avenue, Des Moines, IA, 50322. of Pharmacy degrees Telephone 515.270.0402. Design and Production: Volume 81 Mittera Iowa. Number 1 ADVERTISING February CLASSIFIED. Qualifying ISBA members receive 2021 4,460+ two free non-job listings annually as a mem- ber benefit. Members should contact the ISBA CONTENTS U.S. and foreign patent Communications Department for ad placement: applications filed in the [email protected]. For Career Center last five years postings, visit http://careers.iowabar.org/ IN BRIEF DISPLAY. Display advertising in The Iowa Law- CLE reports due March 10 4 Biotechnology Patents yer Magazine is handled by Larson Enterprises, Trustifi email encryption now offered free to ISBA members 909 50th Street, West Des Moines, IA, 50265. For 4 Justice Christensen reselected as chief justice display advertising and non-member classified 4 1,430+ ad rates, contact Alex Larson at 515.238.4406 or [email protected]. Trademark applications The patent process for biotechnology inventions can be complex. filed in the last five years SUBMISSIONS FEATURES COLUMNS The Iowa State Bar Association seeks to publish Inventions in this area are often embryonic and require foresight to original articles that advance the education, com- 2021 Legislative Session Preview President’s Letter 6 5 petence, ethical practice and public responsibility effectively protect downstream commercial products. Lawyer-Legislators of Iowa lawyers. Members are encouraged to sub- 9 20 Disciplinary Opinions The MVS Biotechnology practice group is comprised of attorneys mit articles to the editor for possible publication. Affirmative Agenda 10 Kudos Submissions should be no longer than 1,500 words, 24 with a number of advanced degrees including five doctorate and although exceptions can be made. Footnotes 2021 Condition of the Judiciary 12 In Memoriam should be kept to a minimum. Include a short bio 24 three master’s levels. The group’s specialized training, industry of the author(s) and professional photo(s) when COVID and the Confrontation 14 Transitions knowledge, and technical experience help clients all over the submitting. NOTE: Not all submissions are guar- Clause: Does remote testimony 26 anteed publication. The editors and bar leaders pass constitutional muster? world overcome such complexities to effectively protect their Thanks to speakers review all submissions to make a determination of Practice tips from new judges 30 17 biotechnology inventions. Because countries have widely varying suitability for publication. Email all submissions to Classifieds [email protected] in Microsoft Word format. ABA releases ethics opinion 36 20 on responding to negative biotechnology patent laws, we have the experience and team to STATEMENTS OR OPINIONS Spotlight on Service online reviews 38 prosecute and protect these patents all over the world and can craft The statements and opinions in this publication are those of the authors and not necessarily those a strategy to protect your innovations both at home and abroad. Your Worldwide IP Partner Since 1924™ 22 New Iowa nonprofit seeks to of The Iowa State Bar Association. Readers should educate youth of color on their 2020 CLE credit information consult original sources of authority to verify ex- Fourth Amendment rights actness. Advertising in this publication does not available on page 31. Contact MVS for your intellectual property needs at (515) 288-3667. www.ipmvs.com Board of Governors Winter constitute endorsement of a product or service 28 Quarterly Meeting unless specifically stated. © 2021 all rights reserved. FEBRUARY 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 [email protected] PRESIDENT 2020 ISBA CLE CREDIT INFO Jerry Schnurr III Ft. Dodge 515-576-3977 [email protected] PRESIDENT-ELECT AVAILABLE; REPORTS DUE Anjela Shutts Des Moines 515-288-6041 [email protected] VICE PRESIDENT MARCH 10 Henry Hamilton III W. Des Moines 414-403-9082 [email protected] SECRETARY To assist attorneys with the reporting of their 2020 CLE Dwight Dinkla Des Moines 515-697-7867 [email protected] credits, the ISBA has created an event list which includes IMMEDIATE PAST PRESIDENT CLE titles, state, ethics and juvenile credit and activity Willard "Bill" Boyd III Des Moines 515-283-3172 [email protected] numbers for each program. Credit information for ISBA DISTRICT GOVERNORS DISTRICT 1A On-Demand CLE and Fastcase events can also be found Chris Even Dyersville 563-875-9112 [email protected] on this list, which appears beginning on page 31. Daniel Fretheim Decorah 563-382-2959 [email protected] DISTRICT 1B This information should be used to calculate CLE hours Shannon Simms Waterloo 319-291-6161 [email protected] when attorneys file their CLE report with the Commission Heather Prendergast Waterloo 319-234-4600 [email protected] on Continuing Legal Education. Annual reports are due by DISTRICT 2A Matthew F. Berry Clear Lake 641-357-7296 [email protected] March 10. Megan Rosenberg Hampton 641-456-2555 [email protected] The Commission on Continuing Legal Education requires DISTRICT 2B John Werden Carroll 717-792-3424 [email protected] Iowa’s lawyers and judges to complete a minimum of 15 Bethany Currie Marshalltown 641-421-0990 [email protected] hours and two ethics hours (ethics reporting required in DISTRICT 3A 2021) of legal education accredited by the commission Jack Bjornstad Spirit Lake 712-322-5225 [email protected] each calendar year. Kevin R. Sander Estherville 712-362-7215 [email protected] DISTRICT 3B Contact the ISBA CLE Department at (515) 697-7874 or Maura Sailer Denison 712-263-4627 [email protected] email [email protected] for questions concerning CLE James Daane Sioux City 712-252-2424 [email protected] credit of ISBA-sponsored events. DISTRICT 4 DeShawne Bird Sell Glenwood 712-527-4026 [email protected] Deborah Petersen Council Bluffs 712-328-8808 [email protected] DISTRICT 5A Gilbert Caldwell III Newton 641-792-4160 [email protected] Miki McGovern Woodward 515-490-9081 [email protected] TRUSTIFI EMAIL ENCRYPTION NOW DISTRICT 5B Andrew Zimmerman Corning 641-322-4712 [email protected] OFFERED FREE TO ISBA MEMBERS DISTRICT 5C David Nelmark Des Moines 515-988-0447 [email protected] The ISBA is now offering its email security service, provided Joseph Happe Des Moines 515-288-2500 [email protected] Margaret A. Hanson Des Moines 515-246-7957 [email protected] by Trustifi, free to all members. (Licenses for support staff Bridget R. Penick Des Moines 515-242-8902 [email protected] can be purchased for $25 annually.) Visit iowabar.org/Trustifi Adam D. Zenor Des Moines 515-650-9010 [email protected] to learn more, or iowabar.org/TrustifiOrdering to sign up. Donna Miller Des Moines 515-809-9699 [email protected] Kathleen Law Des Moines 515-283-3116 [email protected] Trustifi’s easy-to-use email encryption service features Cindy Rybolt Mitchellville 515-243-1193 [email protected] Joe Moser Des Moines 515-288-0145 [email protected] an array of security and productivity tools that benefit Stacey Warren Altoona 515-414-8918 [email protected] individuals and law firms of all sizes, including single-click William Miller Des Moines 515-283-1000 [email protected] encryption, two-factor authentication, secure reply and DISTRICT 6 Erin R.