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On February 27, 2025, FinCEN announced that it will not issue any fines, penalties, or take other enforcement actions for failure to file or update BOI reports until an interim final rule goes into effect. FinCEN intends to issue its interim final rule extending BOI reporting deadline no later than March 21, 2025. The CTA is now poised to go into effect, for now, as the United States District Court for the Eastern District of Texas has lifted another preliminary… Read More

Personal injury attorneys play a critical role in society both for those that get injured as well as those who might be at fault for causing the accident and injury. During my 17 years as a plaintiff personal injury trial attorney, I was under the misconception that defense attorneys had it easy. As a plaintiff attorney, we had a burden to prove. I would always say, “They only have to poke holes in the evidence.” Now that I’m a defense… Read More

The CTA is now poised to go into effect, for now, as the United States District Court for the Eastern District of Texas has lifted another preliminary injunction. The Court found that, in light of the Supreme Court’s order in McHenry v. Texas Top Cop Shop, Inc., the preliminary injunction is stayed pending the disposition of the appeal. Thus, the treasury department may now enforce the CTA. The Financial Criminal Enforcement Network (FinCEN) has determined that beneficial ownership information (BOI)… Read More

On November 18, 2024, the Federal Motor Carrier Safety Administration (FMCSA) implemented a new Clearinghouse rule that significantly impacts the status of commercial drivers who are found in violation of drug and alcohol regulations. The new regulation mandates that States must downgrade a commercial driver’s license (CDL) or commercial learner’s permit (CLP) when the driver’s status in the Drug and Alcohol Clearinghouse is marked as “prohibited.” This downgrade will remain in effect until the driver successfully completes the return-to-duty (RTD)… Read More

For centuries—maybe even millennia—the definition of an employee was simple: a person working under the control of an employer to perform tasks that benefit the employer, in exchange for payment. Whether paid by the hour, by commission, or per unit produced, the key factor was control. If someone dictated how, when, and where you worked, you were an employee. Then, the concept of the independent contractor (IC) emerged. Unlike employees, ICs typically performed specialized work outside the core function of… Read More

Truck brokers and motor carriers play vital roles in the freight transportation industry, allowing the United States to overcome economic obstacles that have significantly hurt other countries. Producers need to ship their goods to buyers, and the carriers provide physical transportation of the goods. The brokers facilitate the connection between shippers and carriers. Each model has its own set of advantages and disadvantages. Carriers face high capital costs and operational complexities but have the potential for higher profit margins and… Read More

Modern technology is a wonderful thing. It can provide directions, the words to a song, or even an idea for a presentation. Some companies even use modern technology like biometric devices as security and safety measures. Biometrics are sophisticated enough to protect against data breaches unlike passwords and PINS, yet user-friendly enough that they do not impede workflow. What Are Biometrics? Biometrics involves the use of unique physical or behavioral characteristics, such as fingerprints, facial recognition, iris scans, and voice… Read More

The Corporate Transparency Act (CTA) has had a tumultuous last two months. After a December full of will-they-or-won't-they moments regarding whether the CTA would go into effect, January sees it going into effect … kind of. The Supreme Court has finally weighed in on the nationwide injunction at the center of Texas Top Cop Shop, Inc. v. McHenry—formerly, Texas Top Cop Shop v. Garland. The order, issued by Justice Alito, did not provide any justification for granting the requested stay… Read More