February 19, 2025
On Tuesday, February 18, 2025, the United States District Court for the Eastern District of Texas in Smith v. United States Department of the Treasury stayed its January 7, 2025 order enjoining the Treasury from enforcing the Corporate Transparency Act (CTA) against the Plaintiffs and their related entities and staying the effective date of the reporting rule. This means the Financial Crimes…
January 24, 2025
On Thursday, January 23, 2025, the United States Supreme Court issued an order granting the government’s motion to stay the nationwide injunction against the Corporate Transparency Act (“CTA”) in Texas Top Cop Shop, Inc. v. McHenry (formerly, Texas Top Cop Shop, Inc. v. Garland). But that doesn’t mean the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) is now free to enforce the…
December 27, 2024
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.…
October 1, 2024
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…
September 12, 2024
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…
May 10, 2024
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…
January 31, 2024
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…
December 1, 2023
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…
November 27, 2023
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…
August 3, 2023
In a recent webinar, the Copyright Office provided crucial guidance on registering works that incorporate AI-generated material, a topic of growing importance as AI becomes increasingly integrated into creative processes.
This guidance builds on the Office's March 2023 statement, which clarified that AI-generated works are not eligible for copyright protection due to the absence of human…
June 20, 2023
During the 2023 regular session, the West Virginia Legislature passed House Bill 3270 amending the state’s deliberate intent law. HB 3270 became law without the Governor’s signature and will apply to injuries occurring on or after July 1, 2023.
HB 3270 made two changes. First, a requirement was added to § 23-4-2(d)(2)(B)(v)(IV) that when an employee asserts deliberate intent with respect to…
January 12, 2023
In transactions involving mergers, acquisitions, and investments, time to complete needed steps for the transaction can feel tight and compressed. Any business owners considering a transaction should consider getting their business in shape. Preparation, even before signing a letter of intent, can increase chances of a deal closing and secure your business’ value. This article focuses on steps…
February 19, 2025
On Tuesday, February 18, 2025, the United States District Court for the Eastern District of Texas in Smith v. United States Department of the Treasury stayed its January 7, 2025 order enjoining the Treasury from enforcing the Corporate Transparency Act (CTA) against the Plaintiffs and their related entities and staying the effective date of the reporting rule. This means the Financial Crimes…
January 24, 2025
On Thursday, January 23, 2025, the United States Supreme Court issued an order granting the government’s motion to stay the nationwide injunction against the Corporate Transparency Act (“CTA”) in Texas Top Cop Shop, Inc. v. McHenry (formerly, Texas Top Cop Shop, Inc. v. Garland). But that doesn’t mean the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) is now free to enforce the…
December 27, 2024
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.…
October 1, 2024
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…
September 12, 2024
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…
May 10, 2024
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…
January 31, 2024
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…
December 1, 2023
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…
November 27, 2023
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…
August 3, 2023
In a recent webinar, the Copyright Office provided crucial guidance on registering works that incorporate AI-generated material, a topic of growing importance as AI becomes increasingly integrated into creative processes.
This guidance builds on the Office's March 2023 statement, which clarified that AI-generated works are not eligible for copyright protection due to the absence of human…
June 20, 2023
During the 2023 regular session, the West Virginia Legislature passed House Bill 3270 amending the state’s deliberate intent law. HB 3270 became law without the Governor’s signature and will apply to injuries occurring on or after July 1, 2023.
HB 3270 made two changes. First, a requirement was added to § 23-4-2(d)(2)(B)(v)(IV) that when an employee asserts deliberate intent with respect to…
January 12, 2023
In transactions involving mergers, acquisitions, and investments, time to complete needed steps for the transaction can feel tight and compressed. Any business owners considering a transaction should consider getting their business in shape. Preparation, even before signing a letter of intent, can increase chances of a deal closing and secure your business’ value. This article focuses on steps…
