Hopes for the marijuana rescheduling decision to be finalized before the November election have been dashed. DEA Administrator Anne Milgram has signed a notice of proposed rulemaking (NPRM), adding an additional procedural step to the DOJ’s move to reschedule marijuana from Schedule I to Schedule III, pushing the decision past the November election. As requested […]
The Corporate Transparency Act (“CTA”) went into effect January 1, 2024. Through the CTA, the U.S. Treasury Department (“Treasury”) hopes to reduce money laundering and other illegal flow of funds otherwise hidden through entities used for various investment and financial transactions. Within the Treasury crosshairs is the ubiquitous real estate holding company. Litigation challenging CTA […]
Effective January 1, 2026, employers with employees in Illinois must comply with new state requirements when they make employment-related decisions.
The Federal Trade Commission’s ban on non-competes is on hold—at least for now. Late yesterday afternoon, a federal judge in the Northern District of Texas blocked the FTC’s rule banning non-competes. The court ruled that the FTC exceeded its statutory authority and that the rule was arbitrary and capricious.
In April, the Federal Trade Commission published a final rule banning the enforcement of most non-compete agreements. The rule was immediately challenged in federal court to prevent it from going into effect. In one of those challenges, a federal district court issued a preliminary injunction postponing the rule’s effective date for the plaintiffs there. The court, however, declined to issue a nationwide injunction that would have prevented the rule from becoming effective for all employers. The court has promised to issue a final ruling there by August 30, 2024, and it is still possible that the ruling will result in a nationwide injunction. Other courts are considering similar challenges, which could likewise prevent the rule from going into effect nationwide.
Without judicial intervention, though, the FTC’s rule banning most non-compete agreements will become effective on September 4, 2024.
The most immediate concern for employers is how to handle the rule’s notice requirements on or before that date.
Our loyal followers are now well familiar with the Corporate Transparency Act (“CTA”), a law that went into effect on January 1, 2024 that requires non-exempt “Reporting Companies” to file a report with the U.S. Financial Crimes Enforcement Network (“FinCen”). Our prior client alerts have explained the CTA and the many exceptions to the reporting […]
Reclassifying marijuana could offer a benefit in terms of accessing mainstream advertising platforms. Major advertising channels, like Google, Facebook, and traditional media restrict or prohibit cannabis ads due to its Schedule I classification. According to the Controlled Substance Act (CSA), placing written advertisements seeking or offering activity related to Schedule I controlled substances is unlawful and can lead to penalties such as imprisonment for up to 4 years and/or criminal fines.
On Tuesday, July 30, 2024, the Michigan Supreme Court issued its decision in Batista v. Office of Retirement Services. The case, which was filed in 2019 and went before the State’s highest court twice, involved a “Normal Salary Increase” (NSI) rule implemented by the Office of Retirement Services (ORS) for school administrators and administrative assistants. […]
Today the Michigan Supreme Court issued an Opinion holding that the Legislature violated Michigan’s Constitution when it adopted and then amended two 2018 ballot petition initiatives regarding the minimum wage (the Wage Act) and paid sick time (the Earned Sick Time Act) during the same legislative session. The Michigan Supreme Court’s Opinion voids the state’s […]
The Financial Crimes Enforcement Network (FinCEN) has recently issued detailed guidance on the reporting obligations for dissolved entities under the Corporate Transparency Act (CTA). This update clarifies the Beneficial Ownership Information (BOI) reporting requirements for entities that have ceased to exist after January 1, 2024, significantly impacting how businesses handle their compliance obligations under the […]
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