Earlier this week the U.S. District Court for the Eastern District of Texas in Smith, et al. v. U.S. Department of the Treasury, et al., Case No. 6:24-cv-00336 (E.D. Tex.), stayed its preliminary injunction enjoining the reporting rules contained in the Corporate Transparency Act (the “CTA”). Accordingly, and absent any changes between now and the […]
GKG Law’s litigation team recently prevailed on behalf of an international logistics company in a complaint filed in New Jersey claiming misappropriation of trade secrets in violation of federal and New Jersey law, breaches of contract and various business torts by a former employee of the logistics company while he was still employed. On January […]
Trump Administration Telegraphs Sweeping Trade Policy Changes Affecting Shippers NVOs By John H. Kester The President signed 26 Executive Orders (“E.O.s”) on Monday relating, inter alia, to immigration, gang violence, and foreign aid. In addition, however, the Administration issued an America First Trade Policy memorandum, referencing numerous potential trade policy changes. Those potential changes would […]
Due to unforeseen circumstances, the webinar scheduled for today, January 15, 2025, will be held January 29, 2025, 2-3pm EST. Please see the below announcement if you have not already registered. GKG’s Business Aviation and Tax Group presents, “Maximizing Deductibility of Aircraft Operating Expenses and Depreciation.” (January 29, 2025, 2-3pm ET). An overview of the […]
FTC Appeals Nationwide Stay of Rule Banning Non-Compete Clauses Richard Bar, Rachel Amster In October of 2024, the Federal Trade Commission (FTC) appealed a federal Texas District Court’s (Texas Court) order setting aside the FTC’s Non-Compete Clause Rule (Rule) which banned almost all new noncompete clauses. The Texas Court’s set aside applied nationwide and prevents […]
Late last night, December 26, 2024, a Fifth Circuit Panel has reinstated the nationwide injunction blocking the enforcement of the Corporate Transparency Act (the “CTA”). In the order, the Court stated that “in order to preserve the constitutional status quo while the merits panel considers the parties’ weighty substantive arguments, that part of the motions-panel […]
Yesterday afternoon, December 23, 2024, we learned that the United States Court of Appeals for the Fifth Circuit revived the immediate enforceability of the Corporate Transparency Act (CTA). The Fifth Circuit’s decision stayed the preliminary injunction issued on December 3, 2024, and allows the federal government to continue enforcing the CTA while litigation in Texas […]
Following last week’s enjoinment of the Corporate Transparency Act (CTA), the Financial Crimes Enforcement Network (FinCEN) has announced that reporting companies are not currently required to file beneficial ownership information with FinCEN and are not subject to liability if they fail to do so while the order remains in force. Reporting companies may, however, continue […]
Late Tuesday afternoon (December 3, 2024), we learned that the U.S. District Court in Texas has enjoined the enforcement of the Corporate Transparency Act (the “CTA”) in part due to the question of whether the CTA is constitutional and beyond the powers instilled to Congress. For reference, this was decided in a case titled Texas […]
Richard Bar, Rachel Amster Non-compete agreements, especially for high earners, remain in use and enforceable in most states despite a recent federal public policy debate which seems to disfavor them. The FTC’s Notice of Proposed Rulemaking earlier this year called into question the durability of certain restrictive covenants, including non-compete agreements. However, expectations about the […]