By Morgan E. Hedly and Michael A. Gamboli It is that time of year again, when the Rhode Island legislature ends its session and passes a number of laws that affect businesses with Rhode Island-based employees. While 2024 was no different, this year was also notable for the legislation that failed in the 2024 session...
Client AlertsEmployment & LaborFTC Issues Clumsy, Overbroad Noncompete Rule. Luckily, It Probably Will Fail.
May 1, 2024
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...
Client AlertsEnergyNonprofitInflation Reduction Act Introduces Direct Pay Option for Nonprofit Solar
April 30, 2024
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...
Client AlertsLitigation & DisputesUpcoming Supreme Court Decisions Could Change the Landscape for Challenging Federal Agency Regulations
April 26, 2024
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...
Client AlertsEmployment & LaborDOL Increases to Exempt Employee Salary Requirements will Impact Employers Regardless of Legal Challenges
April 25, 2024
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...
Client AlertsLitigation & DisputesNonprofitMassachusetts and Rhode Island Charities: Unlocking Restricted Funds
April 22, 2024
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. ...
Client AlertsCorporate & BusinessReal EstateRecent Legal Developments Affecting Syndicated Real Estate Funds
April 17, 2024
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...
Client AlertsIntellectual PropertyChoosing a Strong Trademark: The Foundation For Creating A Distinctive Brand
April 11, 2024
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...
Client AlertsNonprofitU.S. Department of Education Levies $14 Million Fine Against Liberty University under the Federal Clery Act
April 1, 2024
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...
Client AlertsCorporate & BusinessImportant Reminder – Corporate Transparency Act Filing Obligations
March 22, 2024
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...
