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Jul 25, 2024 | 
mondaq.com | Melinda Fellner |Jeffrey Boxer |Alexander G. Malyshev |Jonathan Trafimow
A federal court in Pennsylvania rejected an attempt to enjoin
the FTC's newly adopted rule banning virtually all non-compete
clauses with workers. (Our summary of the FTC's non-compete
rule can be found here.) The court in ATS Tree Services, LLC
v. Federal Trade Commission held that the plaintiff failed to
demonstrate it would be irreparably harmed if the rule goes into
effect.
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Jul 12, 2024 | 
mondaq.com | Melinda Fellner |Alexander G. Malyshev |Sarah Ganley
(July 10, 2024) - Alex Malyshev and Sarah Ganley of Carter
Ledyard & Milburn LLP analyze a federal judge's decision
dismissing a case brought by a coalition of cannabis companies
challenging the federal prohibition on cannabis, and note the
complexities in pursuing federal cannabis reform.
In a closely watched decision released earlier this month, Judge
Mark G.
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Jul 9, 2024 | 
mondaq.com | Melinda Fellner |Alexander G. Malyshev
While it appears that New York is currently reassessing its
approach to the roll out of its adult-use cannabis program, it is
important to take a step back and look at movement on the national
level, and how it might impact New York in the years to come.
As readers of this column know, I have
written quite extensively about the growing pains New York has
experienced in rolling out its adult-use cannabis program.
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Jul 5, 2024 | 
mondaq.com | Melinda Fellner |Jeffrey Boxer |Alexander G. Malyshev |Jonathan Trafimow
The federal court presiding over challenges to the FTC's
newly adopted rule banning virtually all non-compete clauses with
workers has issued an injunction preventing the rule from taking
effect while the court considers the plaintiffs' challenge to
the rule, but the court limited the scope of the injunction to only
the named plaintiffs in the litigation.
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Jun 24, 2024 | 
mondaq.com | Melinda Fellner |Bryan Hall |Alexander G. Malyshev
CL
Carter Ledyard & Milburn
More
Carter Ledyard & Milburn is a New York-based law firm with a strong focus on litigation, corporate transactions, real estate, and trusts and estates. We have a ratio of partners to associates of about one to one, and provide personal, partner-level attention to all clients and matters, large and small.
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Jun 19, 2024 | 
mondaq.com | Melinda Fellner |Karen Meara |Christopher P. Rizzo
No one said it would be easy. When New York state passed the
Climate Leadership and Community Protection Act (CLCPA) in 2019,
one of the most sweeping climate change laws in the nation, its
proponents knew transitioning to a zero-emissions electric system
by 2040 would be a challenge.
As the state approaches the act's five-year anniversary,
about 50% of the state's annual energy supply comes from zero
emissions sources—progress to be sure, but still a long way
to 100%.
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Jun 4, 2024 | 
mondaq.com | Melinda Fellner
The U.S. Tax Court recently held in SN Worthington Holdings
LLC v. Commissioner that the petitioning partnership had
properly elected into the Bipartisan Budget Act of 2015 (BBA)
procedures for the year in issue.
As a result, the Notice of Final Partnership Administrative
Adjustment (FPAA) that the IRS issued under the Tax Equity and
Fiscal Responsibility Act of 1982 (TEFRA) procedures was
invalid.
The U.S. Tax Court recently held in SN Worthington Holdings
LLC v.
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Jun 4, 2024 | 
mondaq.com | Melinda Fellner
Recent legislation signed into law may impact the way your
Tennessee franchise tax is calculated and potentially allow you to
receive a refund. Refund claims must be filed by November 30, 2024,
so action should be taken as soon as possible.
Generally, all entities doing business and having a substantial
nexus to Tennessee are subject to the franchise tax.
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Jun 4, 2024 | 
mondaq.com | Melinda Fellner
The U.S. Tax Court recently issued an opinion in Parkway
Gravel Inc. v. Commissioner, respecting the structure of a
gravel company's sale of a land parcel known as the Freeway
Pit.
In finding for the taxpayer, the Tax Court rejected the IRS
argument that either the common law "conduit" doctrine or
the "sham transaction" doctrine should apply to
recharacterize the transaction.
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Jun 4, 2024 | 
mondaq.com | Melinda Fellner |Carson Lamb |Susan Atkinson
In early 2024, the U.S. Department of Health and Human Services
(HHS) issued a final rule ("Final Rule") amending the
regulations in 42 C.F.R. part 2 ("Part 2") which governs
the confidentiality and privacy of substance use disorder (SUD)
records. The amendments aim to bring Part 2 regulations more in
line with the rules under the Health Insurance Portability and
Accountability Act ("HIPAA"), which governs the use and
disclosure of protected health information.
