In the realm of mergers and acquisitions (M&A), due diligence is a critical phase where a buyer’s acquisition team assesses potential risks and opportunities before finalizing the terms of an agreement to purchase its target...more
As we continue to monitor the future of the Federal Corporate Transparency Act (the CTA), which requires certain businesses to file a report disclosing their beneficial owners to the U.S. government, new developments in both...more
The Corporate Transparency Act (CTA) has introduced new reporting requirements, affecting businesses nationwide. Mandatory compliance is now in place, with certain entities required to submit reports within a 90-day...more
In the ever-expanding landscape of e-commerce, the presence of unauthorized resellers can pose significant threats to a brand’s reputation and bottom line. Brands should take a proactive approach in combatting unauthorized...more
While federal legislative and regulatory authorities digest and plan their responses to the March 1, 2024 ruling in the U.S. District Court for the District of Alabama that held the federal Corporate Transparency Act (the...more
The Corporate Transparency Act (the CTA), which became effective on January 1, 2024, was ruled unconstitutional by the U.S. District Court for the Northern District of Alabama (District Court), in the case styled National...more
3/6/2024
/ Alabama ,
Beneficial Owner ,
Civil Monetary Penalty ,
Corporate Transparency Act ,
Criminal Penalties ,
Deadlines ,
FinCEN ,
Fraud ,
Noncompliance ,
Reporting Requirements ,
Transparency ,
Unconstitutional Condition
NEW FEDERAL REPORTING REQUIREMENT THAT MAY AFFECT YOUR BUSINESS IS NOW EFFECTIVE.
The Corporate Transparency Act (the CTA) is officially in effect. You should confirm now whether your company has any reporting...more
The Financial Crimes Enforcement Network (FinCEN) issued a proposal to amend the beneficial ownership information (BOI) reporting rule, which would extend the deadline for certain reporting companies to file their BOI...more
Starting in 2024, many entities that are created in or registered to do business in the United States will be required to file BOI reports with FinCEN.
With the effective date fast approaching, criticism surrounding...more
It’s a common scenario – you receive a threatening letter, alleging that you have infringed on a third-party’s copyrighted images and demanding you pay a certain amount in order to settle the claim. This undoubtedly raises a...more
As more states legalize cannabis and the industry experiences ongoing growth, we are witnessing a rising trend of acquisitions and sales within this sector. While buying and selling a business is a complex process for any...more
In the ever-evolving landscape of ecommerce, businesses often face challenges maintaining control over distribution, preserving brand integrity and complying with antitrust laws. Two key aspects that arise in this context are...more
Unauthorized Sellers are a growing and ubiquitous problem for brands selling their goods on eCommerce marketplaces, such as Amazon, eBay, and Walmart. Unauthorized resellers sell products without the brand’s authorization or...more
As we move into the second half of the year, it is increasingly important for your business to start preparing for the Financial Crimes Enforcement Network’s (FinCEN) rollout of the Corporate Transparency Act (CTA)....more
With half of 2023 behind us, and the Corporate Transparency Act (CTA) set to become effective on Jan. 1, 2024, there remain a number of open issues with respect to the implementation of the CTA. By way of background, and at...more
So, you’ve identified a party infringing on your brand’s intellectual property rights, and in response, you issue a cease-and-desist letter to the infringer. What you say in that letter is just as important as how you say it....more
As Spring comes into bloom, brands should begin planning and preparing for the not-so-far-off holiday season. Right now, a brand has approximately six months to strengthen its presence in ecommerce marketplaces until the...more
When tackling the problem of unauthorized resellers on Amazon.com and other e-commerce websites, one of the biggest hurdles faced by brands is unearthing a reseller’s identity. Resellers are able to hide behind DBA’s, various...more
We have made it to Part 3 of our three-part series on the Corporate Transparency Act’s final rule. The Financial Crimes Enforcement Network (FinCEN) released the final rule on Sept. 30, 2022. This article covers important...more
We have written extensively about the problem of unauthorized resellers. These are resellers that source a company’s products (whether legitimately or illegitimately) and then resell those products on eCommerce websites such...more
On Sept. 30, 2022, the Financial Crimes Enforcement Network (FinCEN) released a final rule related to the Corporate Transparency Act (CTA). In Part 1 of our refreshed, three-part series of articles on the CTA, we covered...more
Back in February, we issued a three-part series on the Corporate Transparency Act (CTA). The series of articles outlined the details and implications of the U.S. Department of Treasury’s Financial Crimes Enforcement Network’s...more
A trademark, according to the United States Patent and Trademark Office (“USPTO”), can be “any word, phrase, symbol, design, or a combination of these things that identifies your goods or services.” Can a body movement be...more
Brands that sell goods on eCommerce websites such as Amazon, eBay, and Walmart, have undoubtedly been confronted with the issue of unauthorized resellers. Unauthorized resellers damage a Company’s brand, tarnish its company’s...more
Ohio has taken a step to protect brands that are dealing with unauthorized, counterfeit and gray market sales from online marketplaces. Governor Mike DeWine recently signed the bipartisan Ohio House Bill 272 (H.B. 272) into...more
6/29/2022
/ Amazon Marketplace ,
Counterfeit Goods Regulation ,
Counterfeiting ,
E-Commerce ,
eBay ,
Internet Retailers ,
New Legislation ,
Online Platforms ,
Regulatory Reform ,
Regulatory Standards ,
Third-Party