Author Info for UB Greensfelder LLP

Rochel Adler

Corporate Transparency Act Update

On March 1, 2024, the U.S. District Court for the Northern District of Alabama, Northeastern Division published an opinion finding that the Corporate Transparency Act (the “CTA”) is unconstitutional as exceeding the U.S… more

Beneficial Owner, Commerce Clause, Constitutional Challenges, Corporate Transparency Act, FinCEN

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T. Christopher Bailey

ADA Website Accessibility Lawsuits on the Rise: What Businesses and Restaurants Need to Know

Businesses across the United States, particularly restaurants and retailers, are facing a sharp increase in lawsuits alleging violations of the Americans with Disabilities Act (ADA) due to inaccessible websites and mobile… more

Accessibility Rules, Americans with Disabilities Act (ADA), Compliance, Disability Discrimination, Legal Technology

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Eric Berry

Is PFAS the Next Asbestos?

PFAS (per- and polyfluoroalkyl substances) are a group of thousands of chemicals manufactured since the 1940s for use in consumer products and industrial processes. This article presents an overview of the PFAS phenomenon. PFAS… more

CERCLA, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Amy Blaisdell

What Employers Should Know About Tobacco Surcharge Litigation

Tobacco surcharges have become the focus of class action litigation in recent months. Although corporate wellness programs are commonplace, employers that impose a tobacco surcharge (or other premium discount) in connection with… more

Class Action, Corporate Counsel, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Kristin Boose

The Multifamily Commercial Real Estate Owner and the Federal CARES Act

All aspects of the commercial real estate world have been rocked by the COVID-19 crisis – renters, landlords, and lenders. Multifamily commercial real estate owners find themselves in the middle of an unenviable situation – on… more

CARES Act, Coronavirus/COVID-19, Real Estate Investments, Relief Measures, Tax Planning

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Joseph Brennan

Your Trade Secret IP Stands Between You and Your Competition. The Impending September 4, 2024 FTC Rule Would Ban Most Non-Competes. Has the FTC Taken Away One of Your Reasonable Steps to Protect Your Trade Secrets? Not So Fast.

*As of August 20, 2024, the United States District Court for the Northern District of Texas has blocked the FTC's impending ban on non-compete agreements. Please see the update at the end of this alert. Trade secrets exist,… more

Chevron Deference, Competition, Confidential Information, Employer Liability Issues, Employment Contract

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Erica Carducci

[Webinar] Gifting Beyond the Holidays - December 12th, 12:00 pm - 1:00 pm EST

Gifting is a critical element of estate planning for high net worth individuals. Ulmer Trust and Estate attorneys Kim Stein, Abbie Pappas, and Erica Carducci will discuss gifting methods, including gifts utilizing the annual… more

Continuing Legal Education, Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax

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Kara Cenar

Your Trade Secret IP Stands Between You and Your Competition. The Impending September 4, 2024 FTC Rule Would Ban Most Non-Competes. Has the FTC Taken Away One of Your Reasonable Steps to Protect Your Trade Secrets? Not So Fast.

*As of August 20, 2024, the United States District Court for the Northern District of Texas has blocked the FTC's impending ban on non-compete agreements. Please see the update at the end of this alert. Trade secrets exist,… more

Chevron Deference, Competition, Confidential Information, Employer Liability Issues, Employment Contract

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Michael Charlillo

[Webinar] FINRA Expungement: A Rundown of Recent Amendments Regarding Expunging Customer Dispute Information - December 14th, 12:00 pm - 1:00 pm EST

Join Michael J. Charlillo as he discusses FINRA's latest expungement process enhancements. He will explore process changes implemented when requesting and obtaining expungement of customer dispute information. Michael will also… more

Amended Rules, Arbitration, Broker-Dealer, Continuing Legal Education, Customer Information

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Jeffrey Dunlap

Your Trade Secret IP Stands Between You and Your Competition. The Impending September 4, 2024 FTC Rule Would Ban Most Non-Competes. Has the FTC Taken Away One of Your Reasonable Steps to Protect Your Trade Secrets? Not So Fast.

*As of August 20, 2024, the United States District Court for the Northern District of Texas has blocked the FTC's impending ban on non-compete agreements. Please see the update at the end of this alert. Trade secrets exist,… more

Chevron Deference, Competition, Confidential Information, Employer Liability Issues, Employment Contract

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Thadford Felton

Protecting Trade Secrets and Confidential Information: Building a Culture of Confidentiality

Every business has something that gives it a competitive edge—a process, client list, formula, or strategy that sets it apart. Protecting that information is not only essential to maintaining an advantage in the market but is… more

Compliance, Confidential Information, Cybersecurity, Data Protection, Employee Training

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Mary Fletcher

NLRB Outlaws Captive Audience Meetings

What employers should do to avoid violation - On November 13, 2024, the National Labor Relations Board (“NLRB” or “the Board”) ruled that captive audience meetings— mandatory employer-sponsored meetings attempting to dissuade… more

Employees, Employer Liability Issues, Employment Policies, Free Speech, Labor Reform

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Daniel Garner

FTC’s Proposed “Click-to-Cancel” Rule Struck Down by Eighth Circuit

On July 8, 2025, less than a week before the “click-to-cancel” rule would have gone into effect, the United States Court of Appeals for the Eighth Circuit struck down the proposed rule (Custom Communications, Inc. v. Federal… more

Administrative Procedure Act, Appeals, Consumer Contracts, Consumer Protection Laws, Federal Trade Commission (FTC)

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Frances Floriano Goins

[Webinar] What Was New at the SEC in 2023? - December 7th, 12:00 pm - 1:00 pm EST

Join Ulmer partner Frances Floriano Goins as she shares an overview of the Securities and Exchange Commission's 2023 ammendments and rules regarding: - enhanced customer protection practices - disclosure of cybersecurity… more

Banking Sector, Conflicts of Interest, Continuing Legal Education, Customer Protection Rule, Cybersecurity

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Megan Gramke

Dealing with Insurance Coverage Issues and Coronavirus

The unprecedented nature of the COVID-19 public health crisis has many businesses and employers wondering whether anticipated financial losses are covered by insurance. Coverage issues are just now starting to emerge, and they… more

Business Interruption, Business Losses, Commercial Insurance Policies, Coronavirus/COVID-19

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Howard Groedel

[Webinar] The Future for Private Funds and Their Advisors – More Regulation; Less Private - February 23rd, 2:00 pm - 3:00 pm EST

Join Ulmer partner Howard M. Groedel as he discusses recent regulatory actions and what they portend for private funds and their advisors. Among other topics, Howard will address: - The primary take-aways from SEC Chairman… more

Big-Boy Letters, Continuing Legal Education, Fees, Financial Services Industry, Form PF

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Lori Pittman Haas

[Webinar] Environmental Due Diligence for Prospective Tenants and Landlords - August 8th, 12:00 pm - 1:00 pm EDT

Learn More About Environmental Due Diligence and Lease Considerations for Landlords and Tenants - On Tuesday, August 8, from 12–1 p.m. (ET), attorneys from Ulmer's Real Estate practice will host a complimentary webinar on… more

Commercial Leases, Commercial Tenants, Continuing Legal Education, Contract Negotiations, Contract Terms

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Dawn Johnson

FTC Issues Rule Prohibiting Non-Competes

On April 23, 2034, the Federal Trade Commission (FTC) issued a final rule intended to ban the use and enforcement of most non-compete clauses signed by workers. The new rule is not in effect yet. It will become effective… more

Competition, Employees, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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Mark Katz

The Department of Labor Proposes to Increase the Salary Level for Overtime Exemption AGAIN

The US Department of Labor (DOL) has announced its proposal to amend its regulations regarding “white collar” exemptions (executive, administrative, and professional) to the Fair Labor Standards Act (FLSA) overtime requirements… more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Salary, Non-Exempt Employees

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Beata Krakus

FTC Issues Rule Prohibiting Non-Competes

On April 23, 2034, the Federal Trade Commission (FTC) issued a final rule intended to ban the use and enforcement of most non-compete clauses signed by workers. The new rule is not in effect yet. It will become effective… more

Competition, Employees, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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Nathan Lamb

The SEC’s Krackdown On Staking-As-A-Service

Over the years, this blog has not shied away from calling out FINRA or the SEC for regulating via enforcement actions rather than providing formal guidance. Well, the SEC did it again last Thursday with a complaint filed… more

Blockchain, Broker-Dealer, Cryptocurrency, Enforcement Actions, Financial Industry Regulatory Authority (FINRA)

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David Landman

Your Trade Secret IP Stands Between You and Your Competition. The Impending September 4, 2024 FTC Rule Would Ban Most Non-Competes. Has the FTC Taken Away One of Your Reasonable Steps to Protect Your Trade Secrets? Not So Fast.

*As of August 20, 2024, the United States District Court for the Northern District of Texas has blocked the FTC's impending ban on non-compete agreements. Please see the update at the end of this alert. Trade secrets exist,… more

Chevron Deference, Competition, Confidential Information, Employer Liability Issues, Employment Contract

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Stuart Laven Jr.

Resolving Financial Covenant Defaults in Revolving Lines of Credit: Real-World Strategic Considerations for ABL Borrowers

The scenario is common enough: following a slow quarter, a borrower misses a debt service coverage ratio (DSCR), fixed charge coverage ratio (FCCR), or other financial covenant test required under its revolving credit facility… more

Asset-Based Lending, Borrowers, Credit Agreements, Default, Financial Services Industry

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Michael Marrero

As California Enacts New Data-Privacy Laws, So May the Nation

In a notable event on Election Day this November, California voters approved amendments to the California Consumer Privacy Act (CCPA) and enacted a new statute – the California Privacy Rights Act (CPRA). The new statute expands… more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Data Collection, Data Privacy

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Alvin Mathews Jr.

ABA Offers Opinion Explaining the Choice-of-Law Analysis in the Model Rules of Professional Conduct

In Formal Opinion 504, the ABA Standing Committee on Ethics and Professional Responsibility sought to clarify ABA Model Rule 8.5’s choice-of-law provision. The Opinion provides an overview of Rule 8.5, and illustrates the Rule’s… more

American Bar Association (ABA), Choice-of-Law, Law Firm Associates, Law Firm Partners, Model Rules

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S. Patrick McKey

Your Trade Secret IP Stands Between You and Your Competition. The Impending September 4, 2024 FTC Rule Would Ban Most Non-Competes. Has the FTC Taken Away One of Your Reasonable Steps to Protect Your Trade Secrets? Not So Fast.

*As of August 20, 2024, the United States District Court for the Northern District of Texas has blocked the FTC's impending ban on non-compete agreements. Please see the update at the end of this alert. Trade secrets exist,… more

Chevron Deference, Competition, Confidential Information, Employer Liability Issues, Employment Contract

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David Meyer

[Webinar] Environmental Due Diligence for Prospective Tenants and Landlords - August 8th, 12:00 pm - 1:00 pm EDT

Learn More About Environmental Due Diligence and Lease Considerations for Landlords and Tenants - On Tuesday, August 8, from 12–1 p.m. (ET), attorneys from Ulmer's Real Estate practice will host a complimentary webinar on… more

Commercial Leases, Commercial Tenants, Continuing Legal Education, Contract Negotiations, Contract Terms

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Susan Meyer

FTC Issues Rule Prohibiting Non-Competes

On April 23, 2034, the Federal Trade Commission (FTC) issued a final rule intended to ban the use and enforcement of most non-compete clauses signed by workers. The new rule is not in effect yet. It will become effective… more

Competition, Employees, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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Douglas Neville

What Employers Should Know About Tobacco Surcharge Litigation

Tobacco surcharges have become the focus of class action litigation in recent months. Although corporate wellness programs are commonplace, employers that impose a tobacco surcharge (or other premium discount) in connection with… more

Class Action, Corporate Counsel, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Abbie Pappas

[Webinar] Gifting Beyond the Holidays - December 12th, 12:00 pm - 1:00 pm EST

Gifting is a critical element of estate planning for high net worth individuals. Ulmer Trust and Estate attorneys Kim Stein, Abbie Pappas, and Erica Carducci will discuss gifting methods, including gifts utilizing the annual… more

Continuing Legal Education, Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax

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Christopher Pickett

What Businesses Should Know About Protecting Trade Secrets Under the Defend Trade Secrets Act

When sensitive business information is taken or misused, companies often face a difficult combination of urgency and uncertainty. Trade secrets, whether technical processes, customer information, or proprietary strategies, can… more

Best Practices, Business Litigation, Confidential Information, Damages, Defend Trade Secrets Act (DTSA)

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Jodi Rich

[Webinar] Post-Pandemic Trends in the Fast-Casual Restaurant Industry - June 23rd, 2:00 pm - 2:45 pm EDT

Join Ulmer Partner Jodi Rich and founder and Senior Vice President/Principal of Goodman Real Estate Services Group LLC., Richard Edelman, as they discuss business trends in the fast-casual restaurant industry that were… more

Business Development, Commercial Leases, Continuing Legal Education, Delivery Drivers, Drive-Throughs

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Abby Risner

What Employers Should Know About Tobacco Surcharge Litigation

Tobacco surcharges have become the focus of class action litigation in recent months. Although corporate wellness programs are commonplace, employers that impose a tobacco surcharge (or other premium discount) in connection with… more

Class Action, Corporate Counsel, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Scott Rogers

Is Your AI-Generated Content Entitled to U.S. Copyright Protection?

On March 16, 2023, the U.S. Copyright Office (the Office) issued formal guidance on the registration of Artificial Intelligence (AI)-generated works, and announced a new initiative to further examine the copyright law and policy… more

Artificial Intelligence, Authorship, Copyright, Copyright Applications, Intellectual Property Protection

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Emmanuel Sanders

The Northern District of Ohio Provides More Clarity On COVID-19 Related Business Interruption Claims

Two more federal court judges in the Northern District of Ohio have weighed in on whether insurance carriers in the cases pending before them must cover claims for damages caused by the COVID19 pandemic. In both cases, the… more

Breach of Contract, Business Interruption, Commercial Property Owners, Coronavirus/COVID-19, Damages

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Alan Scheufler

Are My Bank Deposits Insured by the FDIC?

With the recent failures of Silicon Valley Bank on March 10, 2023, and Signature Bank on March 12, 2023, clients are asking whether their bank deposits are protected by Federal Deposit Insurance Corporation (FDIC) insurance… more

Banking Sector, Banks, Deposit Accounts, Deposit Insurance, Depository Institutions

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Halden Schwallie

District Courts Block Nationwide Vaccine Mandate for Federal Contractors

Due to the ongoing pandemic, federal contractors nationwide – and the attorneys who represent them – have been closely monitoring the government’s implementation of a vaccine mandate. The potential of an enforceable mandate has… more

Biden Administration, Constitutional Challenges, Coronavirus/COVID-19, Employees, Employer Liability Issues

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David Schweighoefer

New Final Rules Issued to Reform Stark Law and Anti-Kickback Statute Regulations

The Centers for Medicare & Medicaid Services (CMS) and the Department of Health and Human Services Office of the Inspector General (OIG) issued two highly anticipated (and extensive) final rules to reform the Stark Law and… more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Final Rules, Medicare, OIG

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Douglas Sesnowitz

Dealing with Insurance Coverage Issues and Coronavirus

The unprecedented nature of the COVID-19 public health crisis has many businesses and employers wondering whether anticipated financial losses are covered by insurance. Coverage issues are just now starting to emerge, and they… more

Business Interruption, Business Losses, Commercial Insurance Policies, Coronavirus/COVID-19

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M. Salman Shah

FTC’s Proposed “Click-to-Cancel” Rule Struck Down by Eighth Circuit

On July 8, 2025, less than a week before the “click-to-cancel” rule would have gone into effect, the United States Court of Appeals for the Eighth Circuit struck down the proposed rule (Custom Communications, Inc. v. Federal… more

Administrative Procedure Act, Appeals, Consumer Contracts, Consumer Protection Laws, Federal Trade Commission (FTC)

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Patricia Shlonsky

[Webinar] Benefit Plan Changes in Light of COVID-19 - June 11th, 2:00 pm - 3:00 pm EDT

The legislative and regulatory changes for employee benefit plans in connection with the COVID-19 pandemic are coming in almost daily, which can make it difficult for employers to determine where to start in addressing these… more

401k, Benefit Plan Sponsors, Cafeteria Plans, COBRA, Continuing Legal Education

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Jocelyn Smith

Client Alert Trademark Filing Fees to Increase in January 2025

Will these changes affect your trademark portfolio? Effective January 18, 2025, the U.S. Patent and Trademark Office (USPTO) will increase trademark fees affecting most future trademark application and registration filing… more

Filing Fees, Goods or Services, Intellectual Property Protection, Trademark Application, Trademark Electronic Application System (TEAS)

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Kimberly Stein

[Webinar] Gifting Beyond the Holidays - December 12th, 12:00 pm - 1:00 pm EST

Gifting is a critical element of estate planning for high net worth individuals. Ulmer Trust and Estate attorneys Kim Stein, Abbie Pappas, and Erica Carducci will discuss gifting methods, including gifts utilizing the annual… more

Continuing Legal Education, Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax

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Linda DelaCourt Summers

[Webinar] 2021 Estate Tax Planning Update - May 12th, 2:00 pm - 3:00 pm EDT

Join Ulmer Trusts and Estates attorneys, Erica N. Carducci, Stephanie M. Glavinos, John R. Harrison, and Linda DelaCourt Summers, as they discuss leveraging spousal lifetime access trusts (SLATs), the advantages of creating… more

Continuing Legal Education, Disabled Children, Estate Planning, Grantor Retained Annuity Trusts (GRATs), Spousal Lifetime Access Trust (SLAT)

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Patrick Sweeney

Federal Court Issues Nationwide Injunction Blocking the Enforcement of the Corporate Transparency Act

Decision comes just ahead of the January 1, 2025 CTA filing deadline. On December 3, 2024, the U.S. District Court for the Eastern District of Texas, in Texas Top Cop Shop, Inc. et al. vs. V. Merrick Garland, issued a… more

Beneficial Owner, Business Entities, Business Ownership, Corporate Transparency Act, Filing Requirements

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Michael Ungar

[Webinar] Elder Abuse: Risks, Pitfalls and How to Try a Complex Elder Financial Abuse Case - March 23rd, 2:00 pm - 3:00 pm EDT

Join Ulmer partners Michael N. Ungar and Daniela Paez as they discuss the current regulatory landscape as well as the litigation trends and risks surrounding elder financial abuse and exploitation. They will also share an… more

Continuing Legal Education, Defense Strategies, Elder Abuse, Elder Issues, Exploitation

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Leonard Vines

FTC Issues Rule Prohibiting Non-Competes

On April 23, 2034, the Federal Trade Commission (FTC) issued a final rule intended to ban the use and enforcement of most non-compete clauses signed by workers. The new rule is not in effect yet. It will become effective… more

Competition, Employees, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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Heidi VonderHeide

[Webinar] FINRA 2022: What to Expect - March 10th, 2:00 pm - 3:00 pm EST

Join Ulmer partners Alan M. Wolper and Heidi E. VonderHeide as they address hot topics, including recent rule proposals, exam priorities, and other FINRA developments… more

Continuing Legal Education, Examination Priorities, Financial Industry Regulatory Authority (FINRA), Financial Services Industry, Proposed Rules

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David Wasserman

Federal Judge Strikes Down New Overtime Rule Nationwide

On November 15, 2024, the U.S. District Court for the Eastern District of Texas struck down the U.S. Department of Labor’s (DOL’s) final rule that was set to raise the minimum salary threshold for “white collar” employees to be… more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Federal Labor Laws, Highly Compensated Employees

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Adam Watowicz

The U.S. Supreme Court’s Decision in Connelly Impacts Estate Tax Valuations of Closely Held Businesses

The Supreme Court’s recent decision in Thomas A. Connelly et al. v. United States has significant implications for certain closely held business owners. The decision is important especially for those with, or planning to buy,… more

Beneficiaries, Business Ownership, Closely Held Businesses, Connelly v United States, Estate Planning

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Frederick Widen

[Webinar] State and Local Tax Considerations for M&A - April 28th, 2:00 pm - 2:45 pm EDT

Take a deep-dive into state and local tax considerations for M&A including deemed asset sale considerations, business versus non-business income, Nexus issues, and more with Ulmer attorneys Frederick N. Widen and Adam R… more

Acquisitions, Continuing Legal Education, Income Taxes, Local Taxes, Mergers

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Robin Wilson

The Northern District of Ohio Provides More Clarity On COVID-19 Related Business Interruption Claims

Two more federal court judges in the Northern District of Ohio have weighed in on whether insurance carriers in the cases pending before them must cover claims for damages caused by the COVID19 pandemic. In both cases, the… more

Breach of Contract, Business Interruption, Commercial Property Owners, Coronavirus/COVID-19, Damages

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Alan Wolper

More FINRA Exam Tricks: Weaponizing The Wells Notice

While it is pretty likely that anyone reading this is already familiar with the Wells process, I am going to start with a short history lesson. Way back in 1972, the SEC created an Advisory Committee to take an objective look at… more

Broker-Dealer, Enforcement Actions, Financial Industry Regulatory Authority (FINRA), Investment Adviser, Regulatory Requirements

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Paul Woody

ADA Website Accessibility Lawsuits on the Rise: What Businesses and Restaurants Need to Know

Businesses across the United States, particularly restaurants and retailers, are facing a sharp increase in lawsuits alleging violations of the Americans with Disabilities Act (ADA) due to inaccessible websites and mobile… more

Accessibility Rules, Americans with Disabilities Act (ADA), Compliance, Disability Discrimination, Legal Technology

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David Yeagley

A Class Action Was Just Filed – Now What?

A 10-Point Response Plan - The company was just sued in a putative class action. Now what? The following 10-point response plan broadly outlines the initial steps to implementing a comprehensive class action defense,… more

Class Action, Class Certification, Class Representatives, Defense Strategies, Discovery

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Tiffany Zambrano

Fifth Circuit Court of Appeals Reinstates Nationwide Injunction Blocking Enforcement of the Corporate Transparency Act

On December 26, 2024, the Fifth Circuit Court of Appeals reinstated the nationwide preliminary injunction blocking enforcement of the Corporate Transparency Act (CTA). This decision was made to "preserve the constitutional… more

Appeals, Beneficial Owner, Business Entities, Business Ownership, Corporate Transparency Act

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