Leslie C.
Behaunek

OVERVIEW

As a litigator focused on business and commercial litigation, financial institution and bankruptcy litigation, insurance defense, and appellate advocacy, Leslie Behaunek addresses diverse business disputes every day. “I see something new almost every day—a new challenge or a new question or a new issue,” she says. “There are similarities to what you’ve done in the past, but there is always something new that requires innovation and keeps things interesting.”

 

For two years after law school, Leslie honed her skills as a judicial clerk for the Honorable James E. Gritzner on the U.S. District Court for the Southern District of Iowa. She followed that with a one-year clerkship with the Honorable Jane Kelly on the U.S. Court of Appeals for the Eighth Circuit. “When you clerk for a federal judge, you are the judge’s attorney, counseling and advising them based on your legal research and analysis in the myriad cases that come before federal courts,” Leslie says. The opportunity to work on a wide variety of cases and see quality written and oral advocacy as a judicial clerk allowed Leslie to immediately put the things she learned into practice upon joining the firm.

 

During her time at Nyemaster, Leslie has litigated a variety of cases, including: finance lease enforcement matters; bankruptcy matters on behalf of creditors and Trustees; class actions; ERISA life, health, and disability benefits cases; ERISA and breach of fiduciary actions; health care and labor and employment claims, and general commercial disputes. Leslie currently chairs the Firm's Appellate Practice Group and provides appellate representation before the Iowa appellate courts as well as the Eighth Circuit. She also currently serves as Chair of Nyemaster's Diversity, Equity, and Inclusion Committee.

 

For Leslie, involvement in outside activities expands her view of law and keeps her connected to the broader Iowa community. Leslie has actively helped guide nonprofits like the Des Moines Choral Society and has volunteered with organizations like Iowa American Legion Auxiliary Girls State—knowing she learned valuable lessons from participation in that program that shape who she is today. Leslie also enjoys mentoring current and aspiring law students and serving as an adjunct professor at Drake University Law School where she teaches Conflict of Laws. 

 

Leslie currently serves as Chair of the Iowa State Bar Association Federal Practice Committee, Membership Chair for the Midwest Network of the International Women’s Insolvency & Restructuring Confederation, and Secretary for the Historical Society for the U.S. Courts in the Eight Circuit - Southern District of Iowa Branch.

 

RECOGNITION

Best Lawyers: Ones to Watch
Appellate Practice, 2021-2024

 

Great Plains Super Lawyers
Rising Stars, 2018–2023

 

Des Moines Business Record Forty Under 40
Honoree, 2018

 

Phi Beta Kappa

 

Dwight D. Opperman Scholar

 

Order of the Coif

 

The Order of the Barristers

 

Moot Court Board
President

 

National Moot Court Team

 

Rodney L. Hudson Senior Advocacy Award

 

Jeffrey and Elizabeth Goodman Distinguished Advocate Award

 

Eight American Jurisprudence Awards

PROFESSIONAL & COMMUNITY AFFILIATIONS

American Bar Association
Bar Leadership Institute, 2016

 

DRI, Defense Research Institute

 

IWIRC, International Women's Insolvency & Restructuring Confederation

• IWIRC Midwest Network Membership Chair, 2022–present
• Member, 2020–present

 

Eighth Circuit Judicial Conference

• 2023 Conference Planning Committee Liaison for the Southern District of Iowa
• 2021 Conference Planning Committee Liaison for the Southern District of Iowa
• 2020 Conference Planning Committee Liaison for the Southern District of Iowa

 

Historical Society for the U.S. District Court for the Southern District of Iowa

• Secretary, 2021-present

 

Iowa State Bar Association

• Federal Practice Committee, 2016–present
• Chair, 2020-present
• Vice-Chair, 2019–2020
• Diversity Taskforce, 2018–2019
• Public Relations Committee, 2016–2021; Chair, 2017–2019
• Young Lawyers Division

• Communications, Chair, 2013–2017
• Diversity Committee, 2014–2016
• Mentoring Taskforce, 2014–2016
• Young Lawyer Fast Action Taskforce, 2015–2016

 

Polk County Bar Association

 

Polk County Women Attorneys

• Past-President, 2018
• President, 2017
• President-Elect, 2016
• Communications, Chair, 2015
• Annual CLE, Co-Chair, 2014
• Professional Development, Co-Chair, 2013
• Basket Auction, Co-Chair, 2012

 

Iowa Organization of Women Attorneys
2012–present

 

C. Edwin Moore Inn of Court

• Community Outreach Committee, 2015–2016
• Associate Member, 2012–2017

 

Emerge Iowa

• Development Committee Chair, 2021
• Board Chair, 2018–2020
• Organizing Committee, 2017–2018

 

Des Moines Choral Society

• Past-President of the Board, 2018–2019
• President of the Board, 2016–2018
• Vice President of Community Outreach, 2015–2016
• Board Member, 2012–2014, 2015–2019

 

Cornell College

• Stoll Program for Law & Society, Alumnae Member, 2009–present
• Young Alumni Advisory Committee, Chair, 2014–2016

 

Iowa American Legion Auxiliary Girls State

• Government Staff, 2011–2014, 2017–2018
• Counselor, 2005–2007 

 

Iowa American Legion Auxiliary Girls State Alumnae Association

• Board Member, 2011–2022
• Secretary, 2017–2018
• Secretary-Treasurer, 2014–2017

 

Women Lead Change
Central Iowa WLC Conference Student Track Committee, 2015

 

Simpson College
Host family for international student, 2015–2018

SIGNIFICANT CASES

In re: Simply Essentials, LLC, Case No. 22-2011 (Eighth Circuit, August 21, 2023). Represented purchaser of Chapter 5 causes of action in Chapter 7 Bankruptcy on appeal.

 

Vroegh v. Iowa Department of Corrections et al, Iowa Supreme Court No. 20-0484 (Iowa 2022). Affirmance of summary judgment decision in favor of insurance company in case alleging violation of the Iowa Civil Rights Act. 

 

Ronald Rumsey v. Woodgrain Millwork, Inc. d/b/a Windsor Windows and Doors et al., Iowa Supreme Court No. 20-0135 (Iowa 2021).  Overturning jury verdict for disability discrimination under the ICRA against employer because employee injured at work did not establish there was another job he could perform based on his lifting restriction.

 

GreatAmerica v. Natalya Rodionova Medical Care, P.C., No. 19-0491 (Iowa 2021). Vacating court of appeals decision and affirming district court's summary judgment decision in favor of finance lease company in breach of contract case.

 

In re VeroBlue Farms USA, Inc., Case No. 18-01297 (N.D. Iowa Bankruptcy Court 2019-2021). Represented Liquidating Trustee in Chapter 11 Bankruptcy and related adversary cases.

 

In re: Fansteel Foundry Corporation, Case No. 20-6005 (U.S. Bankruptcy Appellate Panel for the Eighth Circuit, August 7, 2020). Represented Liquidating Trustee in Chapter 11 Bankruptcy on appeal.

 

GreatAmerica v. Monge & Associates, No. 18-1233 (Iowa Ct. App., August 7, 2019). Affirmance of summary judgment decision in favor of finance lease company in breach of contract case.

 

Venditti v. Unum Life Insurance Company et al. – No. 18-cv-25 (U.S. District Court for the Northern District of Iowa, January 17, 2019). Judgment upholding decision of life insurance company in ERISA appeal.

 

United States et al. v. Crawford County Memorial Hospital et al. – No. 5:15-cv-4034 (U.S. District Court for the Southern District of Iowa, December 6, 2017). Partial dismissal and complete summary judgment for hospital in qui tam / False Claims Act case; upheld on appeal by the Eighth Circuit Court of Appeals (No. 18-1022).

 

GreatAmerica v. Joan Dachs – No. LACV088300 (Iowa Dist. Ct. for Linn Cnty. November 8, 2018). Summary judgment in favor of finance lease company in breach of contract case.

 

Krapf v. Board of Regents et al. – No. CVCV052002 (Iowa Dist. Ct. for Polk Cnty. October 28, 2017). Summary judgment for individual regents regarding the application of the Open Meetings Law; upheld on appeal by the Iowa Court of Appeals (No. 17-1745).

 

GreatAmerica v. Plymouth Life Incorporated – No. LACV038102 (Iowa Dist. Ct. for Plymouth Cnty. October 2, 2018). Summary judgment in favor of finance lease company in breach of contract case.

 

GreatAmerica v. Hills Drug Store, Inc. – No. LACV088818 (Iowa Dist. Ct. for Linn Cnty. September 20, 2018). Summary judgment in favor of finance lease company in breach of contract case.

 

GreatAmerica v. Sneider – No. LACV089233 (Iowa Dist. Ct. for Linn Cnty. September 17, 2018). Summary judgment in favor of finance lease company in breach of contract case.

 

GreatAmerica v. Lane – No. LACV088779 (Iowa Dist. Ct. for Linn Cnty. July 17, 2018). Summary judgment in favor of finance lease company in breach of contract case.

 

Coleman v. Select Specialty Hospital - Des Moines, Inc. No. LACL134824 (Iowa Dist. Ct. for Polk Cnty. July 5, 2017). Judgment for employer following bench trial in action alleging violation of Iowa Drug Testing Act.

 

Baldwin v. Global Atlantic Financial Group – No. 2:16-cv-00202 (U.S. District Court for the District of Utah, February 23, 2017). Dismissal of suit in federal court in Utah due to forum non conveniens.

 

ARAG N. America, Inc. v. Turjanica, Case No. LACL133599 (Iowa Dist. Ct. 2015). Granted motion for temporary injunction enforcing noncompetition agreement and prohibiting former employee from working for competitor or misappropriating trade secrets.

 

State v. Mootz, 808 N.W.2d 207 (Iowa 2012). Reversal and remand for new trial based on Iowa Supreme Court's holding that improper denial of a criminal defendant's peremptory strike based on a reverse-Batson challenge is presumptively prejudicial and requires automatic reversal.

 

State v. Robinson, 817 N.W.2d 495 (Iowa Ct. App. 2012). Reversal and remand for entry of dismissal due to violation of the speedy indictment rule.

SPEECHES & PUBLICATIONS

"Appeal: Strategy Regarding Appeals Before the Eighth Circuit and the United States Supreme Court"
Iowa State Bar Association Federal Practice Webinar Series, October 26, 2022 (panelist with Judge Michael Melloy and Angela Campbell; panel moderated by Megan Flynn)

 

“Improving Civility and Professionalism in the Legal Profession”
Polk County Women Attorneys, August 31, 2022 (co-speaker with Magistrate Judge Celeste Bremer)

 

“How to Cross-Examine a Witness"
ABI-Central States, June 24 and 25, 2022 (panelist with Judge James Ahler, Judge Brett Ludwig, Brittany Ogden, and Amy Swedberg)

 

"Navigating Social Media Discovery: What Judges Need to Know About How Lawyers Should Deal with Mass Deletion of Social Media History" 
Federal Magistrate Judges Association Bulletin, June 2022 (co-author with Judge Helen Adams and Philip Favro)

 

"Navigating Social Media Discovery: Steps Counsel Can Take to Address Mass Deletion of Social Media History" 
Iowa Lawyer, June 2022 (co-author with Judge Helen Adams and Philip Favro).

 

"Miranda-Type Warning Not Required for Pat-Down Searches, Iowa Supreme Court Rules" 
On Brief, April 29, 2022, 

 

"Leaving a legacy: An interview with the Honorable Celeste F. Bremer"
Iowa Lawyer, December 2021/January 2022.

 

"Article III Judges Panel"
Federal Practice Seminar, 2021 (moderator)

 

“Navigating the Challenges of ESI Discovery: Applying Lessons Learned from DR Distributors v. 21 Century Smoking”
Federal Practice Seminar, 2021 (panelist)

 

"An Open Book: Social Media and COVID-Related Discovery Issues in Litigation"
Women in eDiscovery CLE, 2021 (speaker)

 

“Panel Discussion Regarding Attorney Service on Boards and Commissions”
Women’s In-House Counsel Group in Omaha, NE March 18, 2021 (panelist with Lisa Bertrand)

 

“Remote Working, Social Media, and Discovery: Exploring Future Litigation Issues”
Nyemaster Labor & Employment Winter Seminar January 7, 2021 (speaker)

 

“Cooperation and Corporate Representative Depositions: Exploring the New ‘Meet and Confer’ Requirement in Revised FRCP 30(b)(6)”
Iowa Lawyer, March 2021 issue (co-author)

 

"Diversity & Ethics Panel" 
Iowa State Bar Association Federal Practice Seminar, 2020 (panelist)

 

"An Open Book: Social Media and COVID-Related Discovery Issues in Litigation" 
Polk County Bar Association Solo and Small Firm Section, 2020 (speaker)

 

"Federal Practice with Panel of Attorneys with Less than 15 Years of Practice" 
Iowa State Bar Association Fundamentals of Federal Practice Seminar, 2020 (panelist)

 

"Gender Bias, Discrimination, and Harassment in the Iowa Legal Profession"
Polk County Women Attorneys Annual CLE, 2020 (speaker)

 

"An Open Book: Social Media and COVID-Related Discovery Issues in Litigation" 
Iowa Paralegal Association Annual Seminar, 2020 (speaker)

 

"Advancing Diversity in the Workplace" 
Iowa State Bar Association Corporate Counsel and Trade Regulation Seminar, 2020 (panelist)

 

“An Open Book: Social Media and COVID-Related Discovery Issues in Litigation”
Iowa State Bar Association Annual Meeting, 2020 (speaker)

 

"Gender Matters: How practitioners and judges can address and eliminate bias, harassment and discrimination in the Iowa legal profession"
Iowa Lawyer, Feb. 2020 issue

 

"Gender Transitioning in the Workplace: Employer Obligations and Best Practices"
Nyemaster Labor & Employment Seminar, 2019 (speaker)

 

“An Open Book: Social Media Discovery Issues in Litigation”
Iowa State Bar Association Annual Meeting, 2019 (speaker)

 

“Professional Development Panel”
Polk County Women Attorneys November 13, 2018 (panelist with Elizabeth Coonan, Anjela Shutts, and Victoria Herring)

 

“Gender Matters:  An ongoing search for practical solutions to address and eliminate bias, harassment, discrimination in the Iowa legal profession”
Iowa Lawyer, Nov. 2018 issue (co-author)

 

“Gender and the Courts”
Iowa ABOTA Annual CLE, 2018 (co-speaker)

 

“Improving Civility and Professionalism in the Legal Profession”
Polk County Women Attorneys, 2018 (speaker)

 

“Gender Matters: Practical Solutions for Tackling Bias & Unprofessional Conduct in the Iowa Legal Profession”
Iowa State Bar Association Annual Meeting, 2018 (panelist and moderator)

 

“#MeToo: A Panel Discussion About Employers' Responses to Allegations of Sexual Harassment”
Nyemaster Labor & Employment Seminar, 2018 (panelist)

 

“Where Are We Now: A Legislative & Regulatory Review”
Nyemaster Labor & Employment Seminar, 2018 (speaker)

 

“Strategies to Prevent Hazing on Campus”
Nyemaster Higher Education Seminar, 2018 (speaker)

 

“Gender Bias, Discrimination, and Harassment in the Iowa Legal Profession”
Polk County Women Attorneys Annual CLE, 2018 (co-speaker)

 

“Lawyer Well-Being”
C. Edwin Moore Inn of Court, 2018 (co-speaker)

 

“#MeToo—Where Do We Go From Here?”
Central Iowa SHRM, 2018 (speaker)

 

“Gender Matters: Tackling Bias & Unprofessional Conduct Toward Attorneys, Part II”
Iowa State Bar Association Federal Practice Seminar, 2017 (presentation coordinator)

 

“The Proposed Changes to Model Rule 8.4(g)”
Iowa State Bar Association Labor & Employment Seminar, 2017 (panelist)

 

“Improving Civility and Professionalism in the Legal Profession”
Polk County Women Attorneys, 2017 (co-speaker)

 

“Gender Matters: Tackling Bias & Unprofessional Conduct Toward Attorneys, Part I”
Iowa State Bar Association Federal Practice and Polk County Women Attorneys Joint CLE, 2017 (moderator)

 

“Update on Gender Identity and Transgender Issues in the Workplace”
SHRM, client presentations, 2016, 2017 (speaker)

 

“Student debt:  A battle young attorneys cannot fight alone.”
Iowa Lawyer, Sept. 2016 issue (author)

 

“You’re a Lawyer, You Should Know Better: Anecdotal Tales of Workplace Inappropriateness”
Iowa State Bar Association Annual Meeting, 2015 (presentation coordinator)

 

“Advice from the Bench to Advocates and Future Advocates”
Polk County Women Attorneys, 2014 (panelist)