In our increasingly digital economy, cryptocurrencies and NFTs have gained popularity for everything from consumer transactions to securities. How are digital assets being used and regulated in the commercial setting, especially in the context of collateral and intellectual property?
It’s the last quarter of the year, and for some, that means holiday gatherings and New Year's resolutions. However, many managers and supervisors are instead saying "'tis the season for year-end performance reviews."
Unless you are an exempt entity, the new Corporate Transparency Act will require you to disclose the beneficial owners of your company to the United States government. What is required, who is exempt, and what will compliance look like for companies and the attorneys and accountants who form them?
The Bank Secrecy Act and parts of the U.S. Patriot Act's OFAC requirements have seemingly similar goals: to prevent money laundering and the funding of terrorist activities. Yet a lively debate surrounds which entities are covered by these acts, what the acts stipulate, and what entities must do to comply with them.
The Bank Secrecy Act (BSA) is the United States' most important anti-money laundering (AML) regulation that requires banks, money services businesses, FinTechs, and other financial institutions to assist U.S. government agencies to detect and prevent money laundering.
The summer associate experience is one that law students look forward to, and many build careers upon. In the current environment of flexibility and inclusivity, how has the summer associate experience changed?
It's been proven that equity in the workplace is an asset for both businesses and their employees because it encourages innovation, creativity, and empathy. Yet the journey through diversity efforts towards equity and inclusion is ever-evolving, especially in the legal industry.
COVID-19’s economic impact on borrowers’ ability to repay loans has had major repercussions for auto lenders, and the U.S. Supreme Court recently issued a decision relating to repossessions in bankruptcy. As COVID borrower relief programs wind down, what is the forecast for auto repossessions?
As cryptocurrency becomes more widely accepted as a payment method, it leaves many people wondering whether it will remain a volatile investment or become as common as a debit card. In our second cryptocurrency podcast, we asked the question: is cryptocurrency Wall Street or Main Street?
In this episode of "More with McGlinchey," Douglas Charnas (Washington, DC) discusses the tax law governing cash tips and outlines the two voluntary IRS programs that substantially reduce the likelihood that a restaurant will be taxed on unreported cash tips.
Kristi Richard (Baton Rouge) and Dhruv Sharma (Irvine) discuss what energy companies and regulated entities can do to keep consumers safe and their businesses operational and in compliance with changing governmental regulation given the ever-evolving nature of cybersecurity.
Every day, the mainstream media and social media are filled with references to cryptocurrency. Depending on who you ask, it's either simply the next way to spend your money, or it's a haven for criminal activity.
The Maria Butina case cast a spotlight on once-obscure laws known as 18 USC Section 951, and the Foreign Agent Registration Act, or FARA. The government has revived these laws to target political actors, foreign propagandists, or influencers acting here in the United States without prior notice. The Fourth Circuit recently had something to sayMore
Diversity may seem like a buzzword in the legal industry, but recent years have proven the conversation around equity is critical for the future of the law. In 2021, what does it mean for a law firm to walk the walk when it comes to diversity and inclusion?
The Fair Credit Reporting Act (FCRA) impacts every aspect of a U.S. consumer’s life. Consumer reports are obtained by lenders, employers, landlords, and even utility companies, impacting the cost of credit and everyday services, as well as the ability to obtain employment or access housing.
What does the U.S. Supreme Court's March 25 decision regarding personal jurisdiction in the Ford cases mean for litigants and litigation across the country?
The Telephone Consumer Protection Act (TCPA) is always the subject of litigation. The United States Supreme Court recently ruled that the government debt exception, which was added to the statute in 2015, was unconstitutional. Can the Court's recent ruling be interpreted to mean the entirety of the TCPA has been unconstitutional since 2015?
You've worked in the trenches of the private or public sector, and now you've been granted the golden ticket, a job in the Biden Administration. Congratulations, your work has paid off, but you could find yourself opposite a subpoena in your future. What do you need to know in case of an investigation down the road?
When debt is forgiven, as much of the funding lent through the CARES Act’s PPP may be, a lender may be required to file IRS Form 1099-C with the IRS and to furnish a copy to the borrower. As a lender, do I need to file the 1099-C when I forgive a PPP loan, or when we finalize a restructuring or settle a case alleging a violation of state or Federal lending law?
In the time of Coronavirus with many municipalities implementing restrictions on business and individual activity, employers are anxious to return to normal operations with staff onsite as soon as possible. With vaccines becoming available, employers may be wondering, can I require my employees to get the COVID vaccine?
The Internal Revenue Service is often a significant creditor in a bankruptcy proceeding, frequently taking priority over other creditors. In this episode, Tax attorney Douglas Charnas (Washington, DC) and Financial Services attorney Sarah Edwards (New Orleans) discuss the case of Affirmative Insurance, which examined whether federal income tax liability was considered a pre-petition or post-petition debt.
Nine states, including Florida, have passed the Uniform Commercial Real Estate Receivership Act, what's called the UCRERA. Members of our Business and Real Estate practice groups Manuel Farach and Marshall Grodner discuss what this means for creditors, especially in a time when lending and credit are so uncertain.
The U.S. Supreme Court recently heard oral arguments on two potentially groundbreaking personal jurisdiction cases known as “the Ford cases.” In this third episode from our series on Personal Jurisdiction, Rasch Brown, Gary Hebert, and Brian LeCompte (New Orleans) discuss their take on what they heard from the litigants and from the bench.
Election season is in full swing and the climate is certainly charged. In this episode we'll discuss employees’ political and controversial speech, implications on employment, and what employers can do to discourage or discipline employees engaging in distracting and controversial activity inside and outside of the workplace.
Diversity and inclusion have been trending topics in the legal world for many years. The recent focus on social justice has cast a spotlight on those efforts. In this episode, McGlinchey’s Managing Member Rodolfo (Rudy) Aguilar joins Deirdre McGlinchey, chair of the firm’s Diversity Committee, to discuss the steps McGlinchey leadership has taken to engender a more equitable environment within the firm and throughout the legal community.
Construction has been deemed an essential industry during this pandemic, but what do employers do when the Coronavirus hits their job site?
In the second installment of our "More with McGlinchey" series on personal jurisdiction, Rasch Brown, Gary Hebert, and Brian LeCompte (New Orleans) discuss the potentially groundbreaking Ford cases pending before the U.S. Supreme Court.
“If what’s being stolen is office supplies, you’re probably not going to make a federal crime out of this, right? But if what’s being stolen are trade secrets, you need to respond in a very different manner. Workplace theft can run the gamut from office supplies to petty cash to trade secrets. In this episodeMore
Whether they’re federal, state, or local, when agents knock on your door with a search warrant, you've already had a bad day. With a few simple tips, you can keep it from getting worse. In this episode of “More with McGlinchey,” Bob Driscoll and Dan Plunkett discuss what you should and shouldn’t say to agents, managing employees and media, and avoiding obstruction of justice.
Under the CARES Act, borrowers must be affected by COVID-19 and receive an “accommodation” for their creditors to be subject to new FCRA reporting obligations. However, the CARES Act does not explain how the consumer needs to have been affected, nor is it expressly limited to accommodations provided because of the impact of COVID-19. Therefore,More
How is it that in 2020, we are still discussing personal jurisdiction? Wasn’t this decided in the last century? What has changed? These questions have become increasingly relevant following sea change decisions in Goodyear, Daimler, and Bristol Myers. In the fourth episode of the “More with McGlinchey” podcast, members Rasch Brown, Gary Hebert, and BrianMore
McGlinchey Stafford is pleased to announce the launch of its podcast, “More With McGlinchey,” available now where you listen to podcasts. “We know our clients look to us to cut through the noise in distilling the issues that matter to them,” said Rudy Aguilar, McGlinchey’s Managing Member. “We’re committed to providing information where our audienceMore
In this episode, Kathy Conklin and Rasch Brown go into detail about employee benefits and more, and what you need to know to safely navigate these waters.
In this episode, Christine Lipsey discusses that, in the age of Coronavirus and work from home, there are additional factors for lawyers to consider. We all need to be especially sensitive to maintaining these essential protections.
In Episode 1 of "More with McGlinchey," Bob Driscoll and Dan Plunkett discuss what government employees should do when they come under investigation and share three steps that can be taken to minimize headaches.
The Carnival season leading up to Mardi Gras, or “Fat Tuesday,” is a weeks-long celebration of our culture, including music, food, parades, and pageantry. Although our firm has expanded across the nation over the years, we remain rooted in the traditions and celebrations of our founding city of New Orleans. As we like to say,More
The DOJ is conducting the largest-ever college admissions prosecution. Fallout will likely include additional investigations, class actions, and constitutional questions, among other educational, regulatory, and employment issues. Members of McGlinchey Stafford’s College Admissions Task Force held a webinar roundtable discussing the fallout Monday, June 3, moderated by Dan Plunkett, chair of the firm’s Government InvestigationsMore
Please join us in welcoming Douglas W. Charnas to the firm’s Washington, DC office and Corporate and Tax sections.
Please join us in welcoming Paul Leonard, Of Counsel, to the firm’s Birmingham office and Corporate section.
Get to know more about John Nader, Of Counsel in the firm's Washington, DC office and Commercial Litigation section.
Please join us in welcoming Thomas M. Hanson, Member, to the firm’s Dallas office and Commercial Litigation section.
Please join us in welcoming Mag Bickford to the firm’s New Orleans office and Labor & Employment section.