June 3, 2025
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…
May 29, 2025
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…
February 19, 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…
January 24, 2025
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…
December 27, 2024
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.…
October 1, 2024
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…
September 12, 2024
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…
July 9, 2024
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…
May 10, 2024
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…
May 7, 2024
Evan Kime's article titled "Beyond Boundaries: How AI is Poised to Change Healthcare and Challenge Healthcare Law" and Susan Snowden's article titled "Revolutionizing Presentation Strategies with AI: A Legal Perspective," can be found here: The Defender - Spring 2024.pdf
March 6, 2024
On March 1, 2024, the United States District Court for the Northern District of Alabama (Northeastern Division) issued a decision declaring the Corporate Transparency Act (“CTA” or the “Act”) unconstitutional.[1]
As we have previously reported, the CTA is part of the Anti-Money Laundering Act of 2000 and was adopted with the intent of providing law enforcement with beneficial ownership…
January 31, 2024
On January 26, 2024, the United States District Court for the Northern District of West Virginia issued an Order dismissing claims made against Jackson Kelly’s clients under the Fair Credit Reporting Act (“FCRA”) in Wyatt v. A&B Sales, Inc., et al., Case No. 5:23-cv-303. In doing so, the court adopted the “reason to believe” standard with respect to the accessing of consumer credit reports under…
June 3, 2025
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…
May 29, 2025
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…
February 19, 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…
January 24, 2025
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…
December 27, 2024
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.…
October 1, 2024
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…
September 12, 2024
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…
July 9, 2024
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…
May 10, 2024
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…
May 7, 2024
Evan Kime's article titled "Beyond Boundaries: How AI is Poised to Change Healthcare and Challenge Healthcare Law" and Susan Snowden's article titled "Revolutionizing Presentation Strategies with AI: A Legal Perspective," can be found here: The Defender - Spring 2024.pdf
March 6, 2024
On March 1, 2024, the United States District Court for the Northern District of Alabama (Northeastern Division) issued a decision declaring the Corporate Transparency Act (“CTA” or the “Act”) unconstitutional.[1]
As we have previously reported, the CTA is part of the Anti-Money Laundering Act of 2000 and was adopted with the intent of providing law enforcement with beneficial ownership…
January 31, 2024
On January 26, 2024, the United States District Court for the Northern District of West Virginia issued an Order dismissing claims made against Jackson Kelly’s clients under the Fair Credit Reporting Act (“FCRA”) in Wyatt v. A&B Sales, Inc., et al., Case No. 5:23-cv-303. In doing so, the court adopted the “reason to believe” standard with respect to the accessing of consumer credit reports under…
