Business and IP Law

Newly Adopted Corporate Transparency Act Imposes New Reporting Requirements (July 2022) The Corporate Transparency Act (“CTA”) requires certain companies to report “beneficial ownership” and “company applicant” information with the Financial Crimes Enforcement Network (“FinCEN”). Any willful failure to comply with the CTA’s reporting requirements can result in civil and criminal penalties. Although the new requirements are not yet in effect, companies should begin preparing for the requirements which are briefly summarized in the enclosed Client Alert.

New VA Labor Laws Including Stiff Penalties for Worker Misclassification Errors (April 2020) On April 11, 2020, Virginia enacted a slew of new employment laws that will alter the landscape for Virginia workers and their employers. The laws, which don’t go into effect until July 1, 2020, will have a far-reaching impact lasting beyond the pandemic. One of the more significant provisions involves worker misclassification errors.

Paycheck Protection Program Through Covered Loans (March 2020)On March 27, 2020, the Federal Government enacted the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) to address the economic impact of the COVID-19 pandemic. The Paycheck Protection Program (“Program”) of the CARES Act allows businesses and others to obtain covered loans with the potential for certain amounts of the covered loan to be forgiven.

Families First Coronavirus Response Act (March 2020) On March 18, 2020, the Federal Government enacted the Families First Coronavirus Response Act. This Client Alert explains the two primary obligations of employers and the assistance from the Federal Government to businesses in the form of tax relief for complying with the Act. The Act becomes effective April 1, 2020 and generally remains in effect through December 31, 2020.

Potentially Misleading Trademark Solicitations (October 2018) This Client Alert discusses a number of potential scams circulating in which trademark applicants or registrants receive an official looking letter from a seemingly official organization. It is important for trademark owners to read in order to avoid being tricked into paying high fees to the perpetrators of the scam.

The Defend Trade Secrets Act (December 2016) This Client Alert discusses a recently enacted statute, the Defend Trade Secrets Act (“DTSA”). DTSA provides companies with additional weapons to use in protecting trade secrets but also requires certain notifications in order to use the full arsenal of weapons.

Impact of HIPAA Omnibus Rule on Business Associates (September 2013) This Client Alert explores the recent expansion of the scope of the Health Insurance Portability and Accountability Act (“HIPAA”) and its potential implications for information technology companies and other business associates.

One-Year Extension of the ACA Employer Mandate (July 2013) This Client Alert discusses a one-year extension of the employer mandate and related provisions of the Affordable Care Act.

Understanding The ACA Employer Mandate (June 2013) This Client Alert discusses some of the key obligations of employers under the employer mandate of the Patient Protection and Affordable Care Act (the “ACA”).

A Cautionary Note in the Use of Finders to Raise Capital (October 2003) While the use of finders is widespread, issuers need to be alert for two potential problems. First, an issuer may not rely upon an exemption from securities registration if the finder does not strictly follow all applicable requirements for the exemption. Second, an issuer may not be able to utilize a planned exemption as a result of using a finder that should be but is not registered as a broker.

Buy-Sell Agreements (August 2003) The issues faced in drafting a buy-sell agreement are complex and difficult. This article analyzes some of the key concerns, such as the purpose of the agreement, the types of agreements, and methods for determining the price of the stock.