Last month, the SEC issued a No Action Letter interpreting Rule 506(c) that effectively provides a streamlined path for private fund sponsors to conduct an exempt general solicitation offering pursuant to Regulation D of the Securities Act of 1933. The guidance...
Content By Emily L. Korthaus
U.S. Supreme Court Clarifies Standard of Proof for FLSA Exemptions
On January 15, 2025, the U.S. Supreme Court ruled that employers are not required to meet a heightened standard of proof to demonstrate that an employee is exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA). The Court’s...
2024 TikTok Roundup: Controversies, Bans, and What’s Next
If you’re one of the over 170 million TikTok users in the United States, you’ve probably seen TikTok as a regular in the news. TikTok, a highly popular social media platform operated by the Chinese technology company ByteDance, Inc., enables users to create, watch,...
NLRB Overrules Longstanding Precedent on Captive-Audience Meetings
In a recent decision, the National Labor Relations Board (NLRB) reversed a 76-year-old precedent and held that employers violate the National Labor Relations Act (NLRA) when they compel employees to attend meetings where the employer expresses its views on...
Texas Court Strikes Down DOL’s New Overtime Rule Nationwide
For the past year, we have been following the legal challenges to the Department of Labor’s (DOL) new overtime rule, which expanded the minimum salary threshold for the white-collar exemptions by sixty-five percent (65%). That singular focus by the DOL on increasing...
Keurig Pays the Price for Misleading ‘Recyclable’ K-Cup Claims
The Securities and Exchange Commission (SEC) recently charged Keurig Dr Pepper Inc. with making inaccurate statements about the recyclability of its K-Cup single-use beverage pods in violation of securities laws. The case highlights the importance of accurate...
Supreme Court Rules SEC Use of In-House Tribunals Unconstitutional: A Detailed Examination of the Ruling
On June 27, 2024, the United States Supreme Court issued a landmark decision in SEC v. Jarkesy, ruling that the Securities and Exchange Commission’s (SEC) use of in-house tribunals for civil penalties in securities fraud cases violates the Seventh Amendment’s...
Crowdfunding: A Double-Edged Sword for Investors and Business Owners
In 2015, the Securities and Exchange Commission (SEC) inaugurated Regulation A+, an expansive amendment to the existing Regulation A exemption of the Securities Act of 1933 (Regulation A). The amendment made Regulation A a more practical alternative to registered...
Real vs. Artificial: The Top Three Reasons Why AI Can’t Replace a Real-Life Attorney
Almost as soon as Open AI’s ChatGPT platform was released to the public on November 30, 2022, speculation about its impact on service industries that rely upon written and analytical work generated by skilled professionals went from zero to “11.” Our collective...
Intel Receives Largest U.S. Funding Grant to Date but Confirms Further Delays in New Albany Facility Operations
On March 20, 2024, Intel and the White House announced Intel will receive $8.5 billion in federal subsidies to support Intel’s semiconductor plants in the United States. This grant is the largest award announced under the CHIPS and Science Act (CHIPS Act) to date. The...