Guest Blog

Written By: Gianfranco A. Pietrafesa Partner Archer & Greiner PC On December 3, 2024, in Texas Top Cop Shop, Inc. v. Garland, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction temporarily preventing the U.S. Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”) from enforcing the Corporate Transparency Act (“CTA”). See our Advisory. On December 23, 2024, a “motion panel” of the U.S. Court of Appeals for the Fifth Circuit entered an order staying the preliminary injunction, thus allowing FinCEN to enforce the CTA. See our Advisory.  Shortly thereafter, FinCEN issued an alert extending certain deadlines to…

Written By: Loopwell A company event shouldn’t feel corporate. When was the last time you heard someone get excited about going to a hotel ballroom meeting? The fact is, corporate culture is built, not born. That’s why Loopwell is reinventing the way companies invest in their people by focusing on their well-being. Research shows that infusing well-being into corporate programming results in more productive, engaged and loyal employees, and more effective leaders. It’s a great way to attract top talent, engage clients and give a little something back – all while boosting the return on your investment. You spend a…

Written By: Gianfranco A. Pietrafesa Partner Archer & Greiner PC   As we previously reported, on December 3, 2024, in Texas Top Cop Shop, Inc. v. Garland, a judge in the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction temporarily preventing the U.S. Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN“) from enforcing the Corporate Transparency Act (“CTA“). On December 23, 2024, the U.S. Court of Appeals for the Fifth Circuit entered an order staying the preliminary injunction. This means that the preliminary injunction is no longer in effect and FinCEN may enforce the CTA. After the ruling,…

Written By: Paul Harencak, Vice President, Operations, LPS Industries   As we approach a new year and a new presidential administration, there are issues lurking about that need close monitoring and attention.  Here’s a short list of some of the major issues that I see. Concerns Supply Chain – continued worries about political sanctions and piracy in and around the Red Sea and Suez Canal as well as the tensions between China and Taiwan.  Not to mention the Middle East wars. For many sea freight companies this means cargo is wrapping around Africa or finding alternative routes, increasing ship time…

Written By: Gianfranco A. Pietrafesa Archer & Greiner P.C.   The Corporate Transparency Act (“CTA“) requires more than 32 million domestic and foreign companies to file a beneficial ownership information report (“BOI Report“) with the U.S. Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN“). A BOI Report discloses certain information about the companies and their “beneficial owners”, which include persons directly or indirectly owning or controlling 25% or more of the ownership interests, senior management, and other persons directly or indirectly substantially controlling a company. Companies in existence before January 1, 2024 must file a BOI Report by January 1, 2025.…

Written By: Gianfranco A. Pietrafesa Zhao Li Archer & Greiner PC   The Corporate Transparency Act (“CTA”) became effective on January 1, 2024. It will require more than 32 million privately-held companies to register with the federal government and disclose certain information about themselves, their owners and the persons who substantially control them. It applies to companies formed in the U.S., as well as companies formed outside the U.S. and registered to do business in the U.S. There are significant civil and criminal penalties on companies, senior management and owners who fail to comply with the CTA. BACKGROUND The CTA…

Image from https://www.grfcpa.com/resource/new-corporate-transparency-act-reporting-rules-what-you-need-to-know/ Written By: David H. Nachman, Esq. Ludka Zimovcak, Esq. Snehal Batra, Esq. Samantha Oberstein, Esq. Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C. As of January 1, 2024, many U.S.-registered business entities may need to comply with the Corporate Transparency Act (CTA). This new act requires submitting a Beneficial Ownership Information Report (BOIR) to the Federal Crimes Enforcement Network (FinCEN) by January 1, 2025. Missing this deadline may lead to substantial civil and criminal consequences. Who Needs to File Businesses such as Single-Member LLCs, Multi-Member LLCs, Small S and C Corporations, and HOAs must file a BOIR that includes identifying information for…

Written By: Melissa A. Salimbene: Chair, Employment Law Lindsay A. Dischley: Practice Group Leader, Employment Law Chiesa Shahinian & Giantomasi Law They say “it’s the most wonderful time of the year,” but, if you are a business owner, in-house counsel or HR professional, this can often be the most stressful time of the year, including when hosting company parties. Such celebrations, although well intended, can land your company on the “naughty list” and result in legal liability. The good news is, taking the time now to plan an appropriate, inclusive and socially aware get-together will bring all the intended joy and leave…

Written by: Norman D. Kallen Partner ​Brown Moskowitz & Kallen, P.C. The COVID-19 pandemic brought to light a critical issue for which all small business owners should always have contingency plans: what should a sole business owner do to maintain business continuity in the event the owner becomes ill or otherwise disabled? Sole proprietors, sole members of LLCs, sole shareholders of a corporation, self-employed individuals and independent contractors often are the only persons in their businesses authorized to conduct certain aspects of business activities on behalf of their entity or themselves. For example, these individuals may have sole authority to handle…

Written By: Ashley Whitney Associate, Employment Law awhitney@csglaw.com | Bio With cold and flu season around the corner, New Jersey employers need to be prepared for the inevitable uptick in employee absences. Employers should make sure to have policies in place that will help effectively and legally manage employee illnesses. While examining their policies, employers may be asking: How much paid sick leave are employers required to give employees? Can employees work from home instead of using a sick day? Do employers have to offer the same remote work opportunities to all employees? Is COVID-19 still a workplace concern? How…