Articles on Corporate Law

The Corporate Transparency Act: A New Era of Business Accountability By Nikhil A. Mehta Corporate Law Departments, October 2024 The Corporate Transparency Act, which aims to enhance transparency among business entities by combating illicit financial activities and bolstering efforts by the federal government to prevent money laundering and other financial crimes, went into effect on January 1.
Federal Trade Commission: Non-Compete Rule By Bernard G. Peter Corporate Law Departments, October 2024 On April 23, 2024, the U.S. Federal Trade Commission issued a Final Rule banning Non-Compete Clauses in employee agreements nationwide with an exception for “senior executives” who have a Non-Compete which is in place prior to the effective date of the Rule.
OSHA Final Rule Impacting Employee and Union Rights During Inspections By Charles Palmer & Corissa Pennow Corporate Law Departments, October 2024 On April 1, 2024, the Department of Labor published its final rule regarding worker walkaround representative designation during an Occupational Health and Safety Administration inspection.
New Federal Reporting Requirement for Your Law Firm This Year By Annette Fernholz Family Law, August 2024 A new rule under the Corporate Transparency Act now requires many businesses in the United States, including small law firms, to report information about who ultimately owns or controls them to the Financial Crimes Enforcement Network.
Legal Issues that Corporate Law Departments Should Monitor During the Remainder of 2024 By Michelle Olson, Bryan Clark, & Mark Quade Corporate Law Departments, July 2024 The first six months of 2024 saw several important legal developments in the areas of employment law, data privacy, artificial intelligence, and securities regulation.
Executive Compensation and Employee Benefits Fallout After Sweeping FTC Ban on Noncompetes: Part 2—Prohibited vs. Permissible Compensation Arrangements By Mims Maynard Zabriskie, Gina L. Lauriero, Timothy J. Durbin, & Emily Jordan Employee Benefits, June 2024 An analysis of the implications and fallout from the final rule recently adopted by the Federal Trade Commission banning the enforcement of almost all noncompete agreements with workers.
Illinois Freedom to Work Act By Bernard G. Peters Business Advice and Financial Planning, June 2024 A number of states including Illinois have enacted legislation to restrict the ability of an employer to enforce non-compete agreements.
Executive Compensation and Employee Benefits Fallout After Sweeping FTC Ban on Noncompetes: Part 2—Prohibited vs. Permissible Compensation Arrangements By Mims Maynard Zabriskie, Gina L. Lauriero, Timothy J. Durbin, & Emily Jordan Corporate Law Departments, May 2024 An analysis of the implications and fallout from the final rule recently adopted by the Federal Trade Commission banning the enforcement of almost all noncompete agreements with workers.
Executive Compensation and Employee Benefits Fallout After Sweeping FTC Ban on Noncompetes: Part 2—Prohibited vs. Permissible Compensation Arrangements By Mims Maynard Zabriskie, Gina L. Lauriero, Timothy J. Durbin, & Emily Jordan Business Advice and Financial Planning, May 2024 An analysis of the implications and fallout from the final rule recently adopted by the Federal Trade Commission banning the enforcement of almost all noncompete agreements with workers.
Illinois Freedom to Work Act By Bernard G. Peters Corporate Law Departments, April 2024 A number of states including Illinois have enacted legislation to restrict the ability of an employer to enforce non-compete agreements.
The DOL Issues Its Final Independent Contractor Rule By Ellen M. Hemminger & Peter Walrod Employee Benefits, March 2024 The Department of Labor sets new multi-factor test for determining whether worker is employee or independent contractor under Fair Labor Standards Act. 
Compliance With the Beneficial Ownership Rule By Kevin J. Stine Corporate Law Departments, February 2024 Although the Beneficial Ownership Rule requiring banks to identify and verify beneficial owners of legal entity customers went into effect in 2018, many bank customers are not aware of the rule and resist assembling the information required for the bank to comply with the rule.
The DOL Issues Its Final Independent Contractor Rule By Ellen M. Hemminger & Peter Walrod Corporate Law Departments, February 2024 The Department of Labor sets new multi-factor test for determining whether worker is employee or independent contractor under Fair Labor Standards Act. 
New York Governor Vetoes Bill Banning Non-Compete Agreements By Jonathan A. Wexler Corporate Law Departments, February 2024 New York’s Governor Hochul vetoed Senate Bill S3100A, which would have prohibited all non-competition agreements in the state. If passed, New York would have joined a growing number of states to pass laws barring such agreements.
U.S. Treasury Department and Internal Revenue Service Give Employer Sponsors of 401(k) Plans Welcome Relief By Bernard G. Peter Employee Benefits, January 2024 In August 2023, the U.S. Treasury Department and the IRS issued Notice 2023-62.
The Corporate Transparency Act: What Attorneys Need to Know By Priya Thennarasu Trusts and Estates, November 2023 In an effort to combat financial terrorism and money laundering within the United States, the bipartisan Corporate Transparency Act was enacted by Congress on January 1, 2021.
U.S. Treasury Department and Internal Revenue Service Give Employer Sponsors of 401(k) Plans Welcome Relief By Bernard G. Peter Corporate Law Departments, October 2023 In August 2023, the U.S. Treasury Department and the IRS issued Notice 2023-62.
EEOC Promulgates Rules Related to Newly Enacted Pregnant Workers Fairness Act By Rachel Bossard & Elizabeth Pall Corporate Law Departments, September 2023 The Pregnant Workers Fairness Act, which went into effect on June 27, 2023, requires covered employers to provide “reasonable accommodations” to an employee’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.
New Salary Threshold for Overtime Proposed By Alex Mark Corporate Law Departments, September 2023 On August 30, 2023, the U.S. Department of Labor put forward a rule that would raise the salary threshold under which employees are eligible for overtime pay under the Fair Labor Standards Act.
7th Circuit Holds Catch-All Provision in Violation of Statutes Exclusion Does Not Exclude Coverage for BIPA Claims By Chris Kentra & Blake Roter Corporate Law Departments, July 2023 On June 15, 2023, the U.S. Court of Appeals for the Seventh Circuit held that an insurance policy’s broad catch-all exclusion for alleged statutory violations does not exclude coverage for alleged violations of Illinois’ Biometric Information Privacy Act.
Since You Asked: Are FSA Claims Required to Be Substantiated? By Maureen Gammon & Kathleen Rosenow Corporate Law Departments, July 2023 Under the tax code, an employee must provide proof from an independent third party that funds used from a health or dependent care FSA were used for eligible expenses. Without proper substantiation, such reimbursements will be included in an employee’s gross income rather than being tax-free.
The Corporate Transparency Act: What Attorneys Need to Know By Priya Thennarasu Young Lawyers Division, May 2023 In an effort to combat financial terrorism and money laundering within the United States, the bipartisan Corporate Transparency Act was enacted by Congress on January 1, 2021.
Five Ways to Weave ESG Principles Into Your Purpose as a Business Corporate Law Departments, April 2023 Five practical ways to weave environmental, social, and governance principles into your business.
What’s on Chief Human Resources Executives’ 2023 Agenda? By John M. Bremen, Amy DeVylder Levanat, & Suzanne McAndrew Corporate Law Departments, April 2023 Eight areas of focus that human resources executives expect for this year and their potential implications.
Major Retirement Plan Changes in the SECURE 2.0 Act of 2022 By Brian M. Pinheiro Corporate Law Departments, March 2023 An overview of the most significant provisions of the SECURE 2.0 Act, which was signed into law in December 2022.
Strike Two: Court Again Invalidates No Surprises Procedure By D. Finn Pressly & Edward I. Leeds Corporate Law Departments, March 2023 For a second time, the U.S. District Court in the Eastern District of Texas has struck down a key provision in the regulations that set forth the dispute resolution procedures under the No Surprises rules.
Notable Recent Insider Trading Updates By Junaid A. Zubairi, Rachel T. Copenhaver, Brooke E. Conner, & Eric Hyla Corporate Law Departments, February 2023 The second and fourth Circuits consider the standards required for the U.S. government and its agencies to succeed on insider trading cases. The Department of Justice obtained a guilty plea in the first of many anticipated crypto cases in 2023.
The SEC’s Fast-Approaching Cybersecurity Overhaul for Public Companies and Regulated Entities By Brian E. Finch, David Oliwenstein, & Sarah M. Madigan Corporate Law Departments, February 2023 As the SEC staff picks up the pace of cyber investigations, Chair Gensler continues the push to beef up the Enforcement Division’s already meaty toolkit.
FTC Proposed Rule Would Render All Non-Competes Unenforceable By Rachel Bossard & Blake Roter Corporate Law Departments, January 2023 On January 5, 2023, the Federal Trade Commission released a notice of proposed rulemaking that would essentially ban employers from using non-compete agreements with employees and independent contractors throughout the United States.
Become an Illinois Bar Foundation Champion By Bernard G. Peter Corporate Law Departments, December 2022 The Champions of the Illinois Bar Foundation are a distinguished group of supporters who believe in the value of justice and philanthropy.

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