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The Legal Brief

Update on CTA: 5th Circuit Whiplash

No sooner had the stay been lifted, when the 5th Circuit Court of Appeals has reversed course again, and the motion to stay the enforcement of the CTA has been reinstated.  This means that the January 13 deadline discussed below has been stayed again and businesses will not have to file until further action by the Court.

The case will likely not be heard in full by the 5th Circuit until March 25.…

Corporate Transparency Act Deadline Approaching Fast

The deadline for existing companies to comply with the Corporate Transparency Act (“CTA”) is coming up quickly and it is important that you assess your company’s obligations under the Act as soon as possible. Unless it qualifies for an exemption, any entity created by submitting a filing with a Secretary of State or a comparable governmental agency must file a Beneficial Ownership Information…

What to Do If You Receive an Office Action for a Trademark Filing with the USPTO

Receiving an Office Action from the United States Patent and Trademark Office (USPTO) can feel like a setback, but it’s a common part of the trademark registration process. An Office Action is an official letter from the USPTO examiner outlining issues with your application that need to be addressed before your trademark can proceed to registration. Here’s what you need to know—and do—if you…

Protecting Your Own Personal Brand

In our modern, digital-centric age, the rise of celebrities and influencers as personal brands has transformed the landscape of intellectual property (IP). The blend of personal identity and commercial enterprise necessitates a nuanced approach to IP protection, especially when your brand is your name. Strategic foresight and early action are paramount.

The Financial Landscape

Social media…

Supreme Court Broadens Damages Scope for Copyright Owners in Landmark Ruling

In a pivotal decision that gets to the core of copyright law, the U.S. Supreme Court declared that copyright owners could pursue damages for infringements regardless of when they occurred, provided the claim is filed within the statute of limitations. This ruling effectively dismantles the prior constraints imposed by the three-year statute of limitations in such disputes, unless the case…

A Federal Court in Alabama Says That the Corporate Transparency Act is Unconstitutional – What Does this Mean for Businesses Subject to the Act?

On March 1, 2024, the United States District Court for the Northern District of Alabama (Northeastern Division) issued a decision declaring the Corporate Transparency Act (“CTA” or the “Act”) unconstitutional.[1] 

As we have previously reported, the CTA is part of the Anti-Money Laundering Act of 2000 and was adopted with the intent of providing law enforcement with beneficial ownership…

Good News for Users of Credit Reports: West Virginia Federal Court Adopts the “Reason to Believe” Standard For Users of Credit Reports Under 15 U.S.C. § 1681b

On January 26, 2024, the United States District Court for the Northern District of West Virginia issued an Order dismissing claims made against Jackson Kelly’s clients under the Fair Credit Reporting Act (“FCRA”) in Wyatt v. A&B Sales, Inc., et al., Case No. 5:23-cv-303.  In doing so, the court adopted the “reason to believe” standard with respect to the accessing of consumer credit reports under…

Update: Understanding the Corporate Transparency Act, Part II

We recently provided an overview of the Corporate Transparency Act or the “CTA,” which will go into effect on January 1, 2024 and require most businesses to report information about themselves and their owners to the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN).  That article is linked here. The article notes that a proposed amendment to the CTA would extend the…

Understanding the Corporate Transparency Act

The Corporate Transparency Act or the “CTA,” which requires businesses to report information about themselves and their owners to the U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN), goes into effect January 1, 2024. The volume of information and articles currently available about the Act may make it seem overwhelming, so to make this manageable, here is an…

Jury Verdict in Western District of Missouri May Change How Real Estate Commissions Are Calculated

On Tuesday, October 31, a federal jury in Missouri delivered a ruling that may impact the real estate industry throughout the country. In Burnett v. N.A.R., et al., a class of home sellers brought an action against several real estate firms claiming that listings contained artificially inflated broker commissions. Here, the jury deliberated, found for the plaintiff homeowners, and ordered…

Understanding Copyright

In the United States, copyright law safeguards original works of authorship that are fixed in a tangible medium, allowing them to be perceived for more than a fleeting moment. This doesn't mean the work must be directly visible; it can be perceived with the help of a machine or device. Here's what can be protected:

  • Literary Works: This includes characters within the works.
  • Musical Works:…

 

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