The Pregnant Workers Fairness Act took effect on June 27th. What is this new federal law? What are employees' obligations? What steps can employees take to comply? How should employers deal with difficult situations under the Act?
In late August, the U.S. Department of Health and Human Services announced that it would recommend moving marijuana from Schedule I to Schedule III of the Controlled Substances Act. In this episode, corporate cannabis attorney Daniel Shortt moderates a discussion with tax attorney Douglas Charnas and financial services regulatory attorney Aaron Kouhoupt about what impactsMore
In the first part of our two-part series on agency rulemaking, we explored how the Administrative Procedures Act, the major questions doctrine, and the Chevron doctrine affect Federal agency rulemaking. In this part, we will explore the Paperwork Reduction Act, the Regulatory Flexibility Act, the Office of Information and Regulatory Affairs, and the importance of participating in the rulemaking process.
Today we're going to be talking about money transmission and how money transmission laws can impact people that are in the payments space and find themselves in the flow of funds or providing any kind of payment services to third parties.
Chief Business Development Officer Heather Morse (New Orleans) joined Gary Mitchell's The LawBiz Podcast™.
In the first episode of our two-part series, “Demystifying Agency Rulemaking,” McGlinchey attorneys Michael Blumenthal, Douglas Charnas, and David Waxman will delve into the history and evolution of the Administrative Procedures Act (APA) and its enforcement, including a review of cases involving the major question doctrine and the Chevron doctrine.
It is summertime in the city, and we have 11 summer associates joining McGlinchey across seven of our offices over the next summer months.
In this introductory video, Members of our Financial Institutions Compliance Team, Aaron Kouhoupt (Cleveland) and David Tallman (Dallas/Houston), will discuss this fascinating and vibrant subject matter while giving you a breakdown of the content you can expect in the coming weeks.
Music royalties can be a complicated process. The process got a little bit more complicated with the introduction of digital and streaming revenue, but attorneys, producers, managers, and artists all want to know how they get paid. I've got a couple of great guests with me today to talk about how music publishing is paid, the royalty streams, and about the introduction of artificial intelligence (AI) and what that might mean to the music industry’s royalty flow.
This is the third installment in our three-part series: “Exploring Issues in Cannabis and Bankruptcy.” In this final episode, we'll explore what the two recent decisions in Blumsack and Hacienda mean for creditors in the cannabis industry and also what rights are available to lenders and marijuana financiers in the bankruptcy context.
This is the second installment in a three-part series exploring issues in cannabis and bankruptcy. In this episode, we'll dive into bankruptcy protections available to businesses, including a case in which the Bankruptcy Court rejected a categorical prohibition for all debtors with any connection to marijuana.
On April 11, 2023, Member Tarush Anand (Houston) joined Valerie Kelner for an episode of the Fed Speaks Podcast,produced by the Federation of Defense & Corporate Counsel (FDCC).
It's no secret that pockets of the cannabis industry are experiencing financial distress, and this is generating fear and concern for marijuana licensees and their lenders as well. This is the first installment in a three-part series exploring issues in Cannabis and Bankruptcy.
On March 25, 2023, Member Heidi Urness (Seattle) joined Sean Hocking, editor at the Cannabis Law Report, for an episode of the “Karma Koala” podcast, a weekly podcast about all things law, business, and culture in cannabis, to discuss the latest in employment issues and cannabis. Click here to listen to the full episode.
Although McGlinchey has expanded across the nation over the years, we remain rooted in the traditions and celebrations of our founding city of New Orleans.
In the age of big data, it's more important than ever to understand your obligations relating to your customers’ private information. Information can be utilized by bad actors in a variety of ways that can be harmful to both you and your consumers.
The next installment in McGlinchey’s Deep Dive Series covering all things privacy is a webinar featuring attorneys from McGlinchey’s Financial Institutions Compliance team.
The world of cybersecurity and privacy have grown exponentially in recent years, both on the federal and state level. A pandemic-driven shift to remote has increased social media interaction, and electronic communication with state and federal governments increasingly focused on big data and the use and sharing of consumer information.
The process of joining a new firm as a lateral can take many different forms, and in some environments, can preclude an attorney from a leadership track. In some firms, leadership is based on longevity and seniority; in others, the size of an attorney’s book of business determines their candidacy for leadership. In this episode,More
The regulatory framework for cryptocurrency and DeFi in general is still a little murky. That hasn't stopped regulatory bodies from bringing enforcement actions against players in this space. What's on the horizon when it comes to investigation and enforcement activity in the decentralized finance space?
Gen X, Gen Y, Boomers, Millennials – those are convenient labels. But what do they mean in the modern practice of law? What do they mean at all, for that matter? Do we practice differently now than we did 20 years ago or 50 years ago?
You may have heard things about cryptocurrencies and decentralized finance. How are these developments going to impact areas that range from insurance to employment to litigation?
Cryptocurrency has gained in popularity and many finance companies have begun offering digital loyalty points and rewards. This sounds appealing until it's time to figure out how and when digital currency may be taxed.
Big changes are coming to the UCC, the Uniform Commercial Code, with regard to cryptocurrency and other digital assets. What will that mean to business trans
The law clerk experience is different at every law firm. Each one has its own personality and chooses to coordinate its program in a different way. Here at McGlinchey, we're extraordinarily proud of our law clerk program, and we're so excited to talk to them today about their experience this summer.
In this episode of "More with McGlinchey," Aaron Kouhoupt and Robert Savoie (Cleveland) discuss the fascinating and vibrant world of decentralized finance, blockchains, virtual and cryptocurrency.
Aaron Kouhoupt and Paul Lysobey (Cleveland) sat down with Auto Finance News to discuss the landscape of data privacy and what lenders need to know to comply with the changes.
Every law firm tailors their summer experience differently in hopes of attracting and recruiting the next great crop of Associates. What is the summer clerk experience like here at McGlinchey?
The world of decentralized finance, blockchains, virtual and cryptocurrency have grown exponentially in recent years. Many financial institutions are looking to enter or expand their operations in the digital economy, but the regulatory environment gives many pause.
Receiving a letter from the IRS is like seeing the flashing lights of a police patrol car in your rear view mirror. As tempting as it might be, trashing the letter is like trying to outrun the patrol car. Not all correspondence from the IRS is bad news, but good or bad, you need to understand how you should respond when contacted by the IRS.
Juneteenth is the oldest commemoration of the ending of slavery in the United States. Members of McGlinchey’s African American Affinity Group recorded a panel discussion on the novel "On Juneteenth" by Pulitzer Prize-winning historian Annette Gordon-Reed.
The path to partnership looks different for every lawyer. During today's installment of the #WhyMcGlinchey Path to Partnership series, we'll talk with Matt Manning about why he has chosen to grow his career here at McGlinchey, from Associate to Office Managing Member
The Coronavirus’s impact on workplaces has led to what many are calling “The Great Resignation.” It’s impacting every industry nationwide, leaving many employers scrambling to retain and replace employees. In this second installment, we’ll discuss strategies for improving workplace culture, staying nimble, and empowering employees to be their authentic selves.
The NFL designed the Rooney Rule in 2002 to increase the recruitment of ethnic minorities in coaching positions. But recently, former Miami Dolphins head coach, Brian Flores, filed a collective action lawsuit against the NFL and all 32 of its teams alleging racial discrimination in hiring. What impact does this discrimination case have on diversity, equity and inclusion initiatives moving forward?
Cannabis is illegal under federal law, but legal for certain uses in many states. Might the U.S. Supreme Court resolve this conflict in a Workers' Comp case?
In honor of Women's History Month, members of Uplift, McGlinchey’s women’s initiative, gathered for a multi-generational discussion about the evolution of practicing law as a woman, the importance of women as leaders and mentors, and what the future holds.
The Coronavirus’s impact on workplaces has led to what many are calling “The Great Resignation. It’s almost impossible to replace employees who are leaving their jobs, and it’s impacting every industry nationwide. In this two-part episode, we’ll discuss what risks law firms face when it comes to attrition, and how firms can proactively guard against losing their best and most talented people.
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.
Both Ghislaine Maxwell and Elizabeth Holmes have been convicted of white collar crimes and await sentencing. How are those federal sentences determined? What factors come into play, and what do the Holmes and Maxwell cases have in common? In this episode, Jim Sturdivant and Dan Plunkett discuss the federal sentencing guidelines, statutory maximums, judicial discretion, and more.
The path to partnership looks different for every lawyer. In the first installment of the #WhyMcGlinchey series, we'll talk about how Zelma Frederick has chosen to grow her career through numerous roles here at McGlinchey.
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?
We’re sorry you were unable to attend our recent webinar, “Updates to the Paycheck Protection Program & Other Issues.” We want to keep you up to speed on the PPP forgiveness process. You can watch the recording by filling out the form on this page. If you’d like to learn more about formulating your PPPMore
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?
We’re sorry you were unable to attend our recent webinar, “What to know about PPP loan forgiveness.” We want to keep you up to speed on the PPP forgiveness process. You can watch the recording by filling out the form on this page. If you’d like to learn more about formulating your PPP Loan ForgivenessMore
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.
Please join us in welcoming Mag Bickford to the firm’s New Orleans office and Labor & Employment section.