On August 20, 2024, a Texas federal court permanently blocked the Federal Trade Commission (“FTC”) from enforcing its Final Rule banning non-compete agreements in the United States. The federal court found that the “categorical ban” by the FTC violated the Administrative Procedures Act and was “arbitrary and capricious.” This court had issued a temporary and […]
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USCIS Completes Second H-1B Registration Lottery for FY 2025
The United States Citizenship and Immigration Services (USCIS) announced on July 30, 2024, a second random selection for regular cap from previously submitted FY 2025 H-1B cap registrations. On August 5, 2024, USCIS announced the agency’s completion of the second round of selections from the previously submitted registrations.[1] USCIS further stated that their projections indicate […]
DHS Announces the Extension and Redesignation of Temporary Protected Status for Haiti, Certain Employment
Authorization Document Cards Automatically Extended On June 28, 2024, the U.S. Department of Homeland Security (“DHS”) announced the extension and redesignation of Haiti for Temporary Protected Status (“TPS”) for 18 months, beginning August 4, 2024 through February 3, 2026. This means Haitians who have not yet obtained TPS and who meet the eligibility requirements may apply for […]
Chevron Is Gone: What Does This Mean For Employers?
On June 28, the U.S. Supreme Court historically overturned its 40-year-old decision to give deference to federal agencies when interpreting laws passed by Congress (called Chevron Deference). Under this deference, agencies had the ability to tell the courts how the laws should be interpreted in places where the statute was either silent or ambiguous, as […]
Supreme Court Upholds Tax on Foreign Corporate Earnings, Implications for Wealth Tax Unclear
On June 20, 2024, the Supreme Court issued its ruling in Moore v. United States, holding that Congress can tax U.S. citizen-shareholders on the undistributed earnings of their foreign corporations. The case involved a couple who were required to pay taxes on their share of an Indian company’s earnings, even though they never received any […]
Governor DeSantis Signs $1.07 Billion Tax Relief Package
Each year, during the regular legislative session, state lawmakers pass an omnibus tax bill — commonly known as the Legislature’s “tax package” — that offers an opportunity to make temporary or permanent changes to the state’s tax code. On May 7th, 2024 Governor Ron DeSantis signed House Bill 7073, providing $1.07 billion in tax relief […]
Another Bridge Too Far: The SEC’s Continued Expansion of Jurisdiction
The SEC recently settled charges against R.R. Donnelley & Sons Co. for failing to maintain adequate internal accounting and disclosure controls and procedures in connection with a cybersecurity incident. The settlement resulted in Donnelley’s payment of a $2.125 million civil penalty and a cease-and-desist order. We believe this action represents a very broad and expansive […]
Department of Homeland Security Announces New Process for Undocumented Noncitizen Spouses and Step-Children of U.S. Citizens
On June 18, 2024, the Department of Homeland Security (DHS) announced actions to promote family unity in the immigration process, and specifically, a new process to consider, on a case-by-case basis, requests for certain undocumented noncitizen spouses and step-children of U.S. citizens to be granted “Parole-in Place” (PIP). PIP is a discretionary option to provide […]
An SEC Heads-Up on Securities Industry Examinations
On June 5, 2024, the SEC published a Risk Alert outlining its examination strategy for broker-dealers, following an earlier Risk Alert for investment advisers. The key components of the broker-dealer Risk Alert are: The Risk Alert follows the publication of the SEC’s Examination Priorities, which outlines the areas that SEC examinations tend to consider for […]
Supreme Court Denies Small-Business Succession Planning Tool in Connelly v. US
On June 6, 2024, the United States Supreme Court issued its ruling in Connelly v. United States. Connelly concerned the estate tax valuation of a corporation that was the owner and beneficiary of a life-insurance policy on one of its deceased shareholders. The policy proceeds received by the corporation were used to fund the redemption […]