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 Lawrence Sheh, Brian Reilly, and Madeline Ursini This is a reminder that pursuant to the Corporate Transparency Act (“CTA”), most new and existing business entities are required to submit a beneficial ownership information (“BOI”) report to the Financial Crimes Enforcement Network, also known as FinCEN. Entities formed on or after January 1, 2024 must...
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...
By: Michael L. Mineau As covered in prior PSH Client Alerts on June 26, 2023, August 22, 2023, and November 27, 2023, this past year included numerous major reforms to the Rhode Island zoning and land development statutes, all aimed at spurring further residential development and creation of additional housing units in Rhode Island. While...
By Allison L. Fleet As of January 1, 2024, a Rhode Island law prohibits landlords, rental agents, and property managers from charging application fees in connection with tenant rental applications. Application fees include credit checks, background checks, screenings and administrative services. Notwithstanding the new prohibition, landlords and their representatives are still permitted to pass through...
By Lawrence Sheh, Brian Reilly, and Madeline Ursini An updated version of this Client Alert is available, which includes the March 1, 2024 U.S. District Court decision – view here. This is a reminder that the Corporate Transparency Act (“CTA”) took effect on January 1, 2024. Under the CTA, all entities formed or registered to...
By Madeline M. Ursini and Amy T.M. Oakley The IRS recently issued proposed regulations describing rules for eligible taxpayers that may now elect to transfer certain clean energy credits to unrelated third parties under Section 6418 of the Internal Revenue Code (IRC) enacted under the Inflation Reduction Act (IRA). The clean energy tax incentive market...
By Morgan E. Hedly and Michael A. Gamboli The U.S. Department of Labor (DOL) published a new rule (the “New Rule”) on January 9, 2024, defining “independent contractor” under the Fair Labor Standards Act (FLSA). Effective March 11, 2024, the rule returns to a six-factor test that asks whether, as a matter of economic reality,...
