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The Legal Brief

YOU JUST WON THE LOTTERY, NOW WHAT?

Introduction

Imagine you just won the lottery! What’s your next move? Will you call your family and friends? Rush to the Ohio Lottery Office? Or just keep it a secret? Even daydreams deserve a plan. If you prefer to keep your good fortune private—even from distant relatives—you should consider crafting a strategy. Part of your plan will likely involve remaining anonymous, setting up one or more…

Church Autonomy as an Immunity: The Fifth Circuit Strikes the Right Balance.

The Fifth Circuit recently decided an important case for churches and religious institutions.  McRaney v. North American Mission Board of the Southern Baptist Convention, --F.4th--, 2025 WL 3012553 (5th Cir. 2025)  affirmed summary judgment and dismissal of the plaintiff’s lawsuit challenging his firing from a religious institution.  The court applied what is known as the “church autonomy” or…

Sine Die 2025: Notable Bills From West Virginia’s Legislative Session

As the dust has settled on West Virginia’s latest legislative session, a variety of new laws are poised to impact West Virginia’s businesses and communities. Below are some of the most notable pieces of completed legislation in effect, or that are soon to be effective.

HB 2002 - Establishing One Stop Shop Permitting Process[1]

HB 2002 tasks the Secretary of the Department of Administration with…

Client Alert: Court Invalidates Broad Tariffs—Refunds with Interest Likely

UPDATE: A federal appeals court has temporarily paused the recent ruling that invalidated tariffs imposed during the Trump administration. This stay gives the court time to review the government’s appeal of the lower court’s decision.

ORIGINAL: If your business is involved in international trade, sources any materials or goods from overseas, or if your business is indirectly involved in trade, you…

CTA UPDATE: Beneficial Ownership Information Reports Now Due on March 21, 2025

On Tuesday, February 18, 2025, the United States District Court for the Eastern District of Texas in Smith v. United States Department of the Treasury stayed its January 7, 2025 order enjoining the Treasury from enforcing the Corporate Transparency Act (CTA) against the Plaintiffs and their related entities and staying the effective date of the reporting rule.  This means the Financial Crimes…

The Supreme Court Enters the CTA Fight

On Thursday, January 23, 2025, the United States Supreme Court issued an order granting the government’s motion to stay the nationwide injunction against the Corporate Transparency Act (“CTA”) in Texas Top Cop Shop, Inc. v. McHenry (formerly, Texas Top Cop Shop, Inc. v. Garland).  But that doesn’t mean the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) is now free to enforce the…

Update on CTA: 5th Circuit Whiplash

No sooner had the stay been lifted, when the 5th Circuit Court of Appeals has reversed course again, and the motion to stay the enforcement of the CTA has been reinstated.  This means that the January 13 deadline discussed below has been stayed again and businesses will not have to file until further action by the Court.

The case will likely not be heard in full by the 5th Circuit until March 25.…

Corporate Transparency Act Deadline Approaching Fast

The deadline for existing companies to comply with the Corporate Transparency Act (“CTA”) is coming up quickly and it is important that you assess your company’s obligations under the Act as soon as possible. Unless it qualifies for an exemption, any entity created by submitting a filing with a Secretary of State or a comparable governmental agency must file a Beneficial Ownership Information…

What to Do If You Receive an Office Action for a Trademark Filing with the USPTO

Receiving an Office Action from the United States Patent and Trademark Office (USPTO) can feel like a setback, but it’s a common part of the trademark registration process. An Office Action is an official letter from the USPTO examiner outlining issues with your application that need to be addressed before your trademark can proceed to registration. Here’s what you need to know—and do—if you…

Protecting Your Own Personal Brand

In our modern, digital-centric age, the rise of celebrities and influencers as personal brands has transformed the landscape of intellectual property (IP). The blend of personal identity and commercial enterprise necessitates a nuanced approach to IP protection, especially when your brand is your name. Strategic foresight and early action are paramount.

The Financial Landscape

Social media…

Supreme Court Broadens Damages Scope for Copyright Owners in Landmark Ruling

In a pivotal decision that gets to the core of copyright law, the U.S. Supreme Court declared that copyright owners could pursue damages for infringements regardless of when they occurred, provided the claim is filed within the statute of limitations. This ruling effectively dismantles the prior constraints imposed by the three-year statute of limitations in such disputes, unless the case…

 

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