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CTA Update: Roll the Dice?

By: Robert A. Greising on December 20, 2024

The fight to save the Corporate Transparency Act continues and presents challenges to any planning for CTA compliance.  To file or not becomes a roll of the dice.

We have recently updated you [found here] about the preliminary injunction against enforcement of the CTA issued by the U.S. District…

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​​​​​​​CTA in Limbo: FinCEN Addresses Nationwide Injunctive Order

By: Robert A. Greising and Thomas M. Abrams on December 11, 2024

Determination by regulators to save the Corporate Transparency Act (“CTA”) was evidenced on Thursday, December 5th as the Department of Justice (“DOJ”) filed a notice of appeal just two days after the U.S. District Court for the Eastern District of Texas ordered a nationwide preliminary injunction…

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To Patent or Not To Patent?

By: Justin L. Sage on December 5, 2024

Anytime a potentially commercializable innovation surfaces, the question of whether and how to protect that innovation should be raised, and the factors to consider in answering that question are the same whether you are an individual inventor or a savvy business with extensive R&D operations.  The…

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Hold Your Filings:  Preliminary Injunction Placed on Government Enforcement of CTA and Beneficial Ownership Information Reporting Requirements

By: Robert A. Greising, Travis D. Lovett, Jacob W. O'Donnell, and Thomas M. Abrams on December 4, 2024

As of December 3, 2024, all U.S. companies that were subject to the reporting obligations under the Corporate Transparency Act (“CTA”) have been temporarily relieved of their obligation to submit beneficial ownership information (“BOI”) reports to FinCEN. The U.S. District Court for the Eastern…

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Time Quickly Running Out: Important Reminders about the Corporate Transparency Act

By: Robert A. Greising, Travis D. Lovett, and Jacob W. O'Donnell on November 5, 2024

Time is running out for your business to comply with the Corporate Transparency Act (“CTA”). If your business is subject to the CTA and it does not comply, severe penalties could be imposed against the company and those who should have reported their beneficial interests.

The CTA requires most small…

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Important Reminders about the Corporate Transparency Act

By: Travis D. Lovett and Robert A. Greising on September 6, 2024

The federal Corporate Transparency Act (“CTA”) went into effect January 1, 2024, and requires most small businesses to file a Beneficial Ownership Information (“BOI”) report with the United States Department of Treasury, specifically the Financial Crimes Enforcement Network (“FinCEN”). Companies…

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Profits Interests 101: The Basics and Uses of Profits Interests

By: Maria Vladimirova Geltz and Robert A. Greising on August 6, 2024

With today’s ongoing workforce development challenges, businesses constantly seek innovative and effective ways to attract, incentivize, or otherwise retain top talent. In certain cases, a business may wish to reward an executive or employee or recruit new leadership for their prospective…

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Corporate Veil Torn Apart? U.S. Supreme Court to Review Trademark Infringement Damages Case

By: Robert A. Greising and Daniel Tychonievich on August 1, 2024

A federal district court awarded $43 Million dollars in damages for trademark infringement in an infringement and contract dispute suit. The district court determined that profits of an affiliate could be disgorged as damages under the Lanham Act (the federal statute covering trademarks). The…

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Foreign Entities – To Register or Not to Register

By: Charles O. Richert on July 11, 2024

In today’s business environment, many businesses operate across state lines. Such interstate activities include sales (online or in-person), transportation and shipping, advertising, professional services, manufacturing, hospitality and tourism, and much more. Most companies also employ workers…

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Supreme Court Opinion in Favor of IRS Requires Review of Shareholder Buy-Sell Agreements

By: Micah J. Nichols and Kendall A. Schnurpel on June 25, 2024

On June 6, 2024, the U.S. Supreme Court unanimously affirmed the Eighth Circuit’s ruling that a closely held corporation’s contractual obligation to redeem shares is not a liability that reduces a corporation’s value for purposes of the federal estate tax. With the Court’s recent decision in …

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FTC Issues Rule Banning Non-Compete Agreements

By: Scott S. Morrisson, Elizabeth M. Roberson, and Chloe N. Craft on April 25, 2024

On April 23, 2024, the Federal Trade Commission (FTC) announced its final rule banning virtually all employee non-compete agreements nationwide in approximately 120 days. The FTC initially issued its proposed rule in January 2023. The FTC thereafter received and considered over 26,000 comments to…

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DOL Releases Final Rule Raising Salary and Compensation Thresholds for Overtime Exemptions

By: Shelley M. Jackson, Virginia A. Talley, and Chloe N. Craft on April 25, 2024

On April 23, 2024, the U.S. Department of Labor (DOL) released a final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, which increases the salary and compensation thresholds necessary to qualify for certain overtime…

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