BOI reporting update: A continually shifting landscape
12/18/24
By: William R. Covino and Nancy M. Reimer
Those seeking clarity over the enforceability of the Corporate Transparency Act (the “CTA”) and their obligation to file beneficial ownership reports with the Financial Crimes Enforcement Network (“FinCEN”) now face another layer …
Back to the basics: Ohio Supreme Court rejects “public-right” exception to standing requirement
12/10/24
By: Aaron N. Kaeser and Spencer M. Sukel
Last week, in State ex rel. Martens v. Findlay Mun. Court, the Supreme Court of Ohio re-considered whether citizens may litigate matters of public importance without first demonstrating any direct personal …
FinCen declares BOI reports voluntary amid nationwide injunction of the Corporate Transparency Act
12/9/24
By: William R. Covino and Nancy M. Reimer
On December 3, 2024, in Texas Top Cop Shop, Inc., et al. v. Merrick Garland, Attorney General of the United States, et al., Civil Action No. 4:24-CV-478 the Eastern District Court …
11/19/24
Is the burden of proof for employers to establish the applicability of a Fair Labor Standards Act (“FLSA”) exemption a mere preponderance of the evidence or clear and convincing evidence? That issue was argued before the …
Federal Trade Commission appeals ruling blocking non-compete ban
11/19/24
By: Emily Muzyka
On October 18, 2024, the Federal Trade Commission (FTC) appealed the Northern District of Texas’ August 20, 2024 nationwide injunction against the FTC’s new Non-Compete Ban. The Northern District of Texas’ order in Ryan, LLC v. Federal …
Upholding authority: The DOL’s minimum salary requirement and its implications for labor standards
10/7/24
By: Arielle E. Katz
In Mayfield and R.U.M. Enterprises, Inc. v. U.S. Dep’t of Labor, a Fifth Circuit Court of Appeals decision issued on September 11, 2024, the central issue was the Department of Labor’s (“DOL”) authority to establish …
10/3/24
By: Jack Doyle
HOAs across the country have passed restrictive covenants pertaining to members flying flags outside of their home. Many Plaintiffs all over the country have tried to assert a declaratory action against HOAs for passing a covenant or …
EEOC ramps up enforcement of the Pregnant Workers Fairness Act
10/2/24
A few weeks ago, the EEOC filed the first-of-its kind lawsuit against an employer for violations of the Pregnant Workers Fairness Act (PWFA). The PWFA, which took effect in June 2023, is a federal law that …
9/12/24
In Goyco v. Progressive Insurance Company, 257 N.J. 313 (2024), the New Jersey Supreme Court was called upon to decide whether the operator of a low-speed electric scooter (LSES) is entitled to personal injury protection (PIP) …
Time-limitation provisions in residential lease agreements in Georgia
8/7/24
By: Jacob E. Daly
In 2019, the Georgia Supreme Court was asked to determine the validity of a provision in a residential lease agreement that limited the time during which the tenant of an apartment complex could sue the owner …
6/19/24
By: Yee S. Cheung
On January 19, 2024, the Texas Supreme Court held in HNMC, Inc. v. Chan et al. that a property owner is not liable for an accident occurring on an adjacent roadway when the owner does not …
Paying college athletes – it’s about Title IX, not titles won
6/17/24
By: Noël Couch
On the heels of the U.S. Department of Education announcing the release of its final Title IX Regulations on April 19, 2024, the NCAA and its five power conferences agreed on May 23, 2024 to a multi-billion …