McGlinchey Stafford

The U.S. DEA’s proposal to reschedule cannabis from a Schedule I to a Schedule III drug under the Controlled Substances Act has generated considerable buzz across business sectors, including for the banks and credit unions that see opportunities and challenges in transacting in the legal marijuana space. Legality varies by use and by state, while federal law limits how financial institutions can operate. Notably, for financial institutions, this proposed legal shift may not bring about the sweeping changes some might anticipate. Aaron Kouhoupt explores the landscape for financial services and legal marijuana businesses and offers an update on the SAFER Banking Act: https://lnkd.in/gK3VuiaG #cannabis #banking #financialservices #CSA #rescheduling #SAFERBankingAct

Recent data shows that employees are more empowered than ever to file workplace complaints following the #MeToo movement, heightened interest in conduct issues from governmental and regulatory bodies, and numerous high-profile cases appearing in the media. Regardless of size or industry, responding to employee complaints is a common issue employers face. Workplace investigations take many forms and can be instigated by an employer, an employee or a third party. Investigations may stem from disciplinary procedures, grievances, bullying/harassment allegations and whistleblowing. More from Camille Bryant: https://lnkd.in/ggR6RfnY

In July 2024, the District of Massachusetts dismissed a pro se litigant’s claims against credit reporting agencies for alleged violations of the Fair Credit Reporting Act. Financial services institutions – mortgage servicers included – may want to dissect consumer complaints they receive to determine if the complaint meets the requisite pleading standards. More from Marisa Roman and James "Jim" Sandy: https://bit.ly/4cIgMvL #FCRA #financialservices #litigation #litigationbyte #massachusetts

#BusinessLawToday | The Supreme Court decision in Loper Bright Enterprises v. Raimondo marks a tectonic shift in administrative law in the United States, with immediate impact. Read: https://lnkd.in/gS9Thahm Michael Blumenthal, Douglas Charnas, James "Jim" Sandy, David Waxman McGlinchey Stafford, PLLC #BusinessLaw #BusinessLitigation #DisputeResolution #BusinessRegulation #RegulatedIndustries

On July 18, 2024, the CFPB issued notice of a proposed interpretive rule that walks back a prior 2020 Advisory Opinion on the manner in which Regulation Z defines “credit.” The Rule also declares certain types of optional consumer payments to be “incident to or a condition of the extension of credit” such that the fee is a finance charge for purposes of Regulation Z. More from Rachael Aspery, Aaron Kouhoupt, and Robert Savoie: https://bit.ly/3T6pPQf #CFPB #RegulationZ #consumerfinance #regulatory #financialservices

To be sure, the tax treatment of tips presents challenges. A relatively new complexity is how to treat a tip received in cryptocurrency. While this would be an unusual situation in the current market, things may change as cryptocurrency becomes more common in the marketplace. More from Douglas Charnas: https://bit.ly/3Mip9ni #tax #crypto #cryptocurrency #IRS #incometax #employmenttax

On July 31, 2024, the NY Supreme Court, Appellate Division: Second Department reversed the trial court’s denial of borrowers’ motion to dismiss a foreclosure action filed prior to the enactment of the Foreclosure Abuse Prevention Act because under the new “savings statute” for foreclosure actions under FAPA, plaintiff was precluded from recommencement since the first foreclosure was dismissed as abandoned. More from Aleksandr Altshuler and James "Jim" Sandy: https://bit.ly/4dyrgz8 #litigation #litigationbyte #newyork #FAPA #foreclosure

On August 20, 2024, a Texas District Court judge entered a final judgment blocking the implementation of the FTC’s proposed non-compete rule, previously set to go into effect on September 4. The rule would have broadly banned the enforcement on non-compete clauses in employment agreements for nearly all employees nationwide and required employers to provide notice to employees (current and former) that their non-compete agreements were no longer enforceable. As of now, the rule will no longer go into effect. More from Andrew Albritton: https://bit.ly/3ySuWwM #FTC #noncompete #employment #law

Do you remember the Legal Water Cooler? If you don't, aren't you curious to know more? Join JD Supra's Office Hours Webinar with legal marketing legend, Heather Morse, Chief Business Development Officer of McGlinchey Stafford on Sep. 12 at 9:30 PST/12:30 EST From calling on Heather as a sales person early in my career to our many conversations at industry events, I always get more than I give out of my time with Heather - you'll leave this session feeling the same. Message me for registration link.

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