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By Alicia Samolis, Sean Fontes, Morgan Hedly, and Michael Gamboli On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule (the “Rule”) which bans businesses from using most noncompete agreements against workers. Surprisingly, the Rule does not contain many exceptions, such as exceptions for noncompetes that are not conditional on continued employment but rather...

By Christian Capizzo, Elizabeth Manchester, and Madeline Ursini Under the Inflation Reduction Act (IRA), nonprofit entities, including nonprofit independent schools, are now eligible to receive payment in lieu of tax credits for solar photovoltaic (PV) systems. This extension of the IRA is aimed to make solar ownership more affordable for tax-exempt entities and provides an...

By Christopher M. Wildenhain and James P. McGlone Three cases, all argued this term before the United States Supreme Court and likely to be decided in June, carry major implications for litigation between federal agencies and regulated entities.  Depending on the Court’s decisions, these cases may overturn one longstanding doctrine of administrative law, and substantially...

By Alicia Samolis, Sean Fontes, Morgan Hedly, and Michael Gamboli On April 23, 2024, the Department of Labor (“DOL”) announced a final rule (the “Rule”) increasing the salary threshold employers must pay to most exempt workers.  Given the anticipated litigation over the Rule and the potential that the Rule is struck down, employers may be tempted...

By Elizabeth O. Manchester, Morgan E. Hedly, and Paul M. Kessimian For many charitable institutions, accepting gifts subject to certain donor-imposed restrictions is in the normal course of business. While these restricted funds are quite common, their usefulness can occasionally become impractical.  This frustration of purpose is particularly common for gifts made many decades ago. ...

By Russell J. Stein Two recent developments may affect private funds, including syndicated real estate offerings.  First, at the end of last summer the SEC adopted the Private Fund Adviser rules, regulations that cover certain aspects of management over investment funds.  Second, the Corporate Transparency Act (“CTA”) took effect on January 1, 2024, requiring most...

By David M. DiSegna A “trademark” is any word, phrase, logo or design that identifies the source of goods or services. Trademarks are used to distinguish one’s products and services from those of another. The strength of a trademark depends on its distinctiveness.  Along the distinctiveness spectrum are five generally recognized categories of trademarks, which...

By Madeline M. Ursini and Elizabeth O. Manchester On March 5, 2024, the U.S. Department of Education (the “Department”) announced that Liberty University (“Liberty”) has agreed to pay a fine of $14 million for material and ongoing violations of the Federal Clery Act. This fine, which was imposed by the Department’s Office of Federal Student...

By David M. DiSegna Your company’s trademarks are an integral part of its brand and identity. Registering your trademarks with the United States Patent and Trademark Office provides valuable advantages for defending against trademark infringement by competitors and enforcing your intellectual property rights. Key Benefits of Federal Trademark Registrations: Nationwide Notice: Provides constructive notice of...

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