Publications
Court Blocks Corporate Transparency Act: A Win For Federalism?
The U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction against the enforcement of the Corporate Transparency Act (CTA), questioning its constitutionality and its impact on small businesses. The CTA, enacted as part of broader anti-money laundering efforts, mandates companies to disclose their beneficial ownership information to a federal database maintained by the Financial Crimes Enforcement Network (FinCEN). The plaintiffs, including small business owners and a trade association, argued that the CTA compels speech and association, infringing on First Amendment protections. They also raised concerns about privacy violations under the Fourth Amendment, given the extensive personal information required.
Planning For The Unexpected Return: Lessons From Grubhub’s Founder
Why Do Founders Buy Back Their Businesses?Selling a company doesn't always mean closing the door for good. In some cases, owners find themselves wanting, or even needing, to regain control of the very businesses they once let go. From a planning perspective, it's critical to understand why owners might want to reclaim their former enterprises. While it may seem counterintuitive to want to buy back a company that was sold for a significant profit, there are many reasons why this occurs.
The Corporate Transparency Act Part Two: The impact on family firms doing business in the US
The CTA requires existing and future companies, either formed or registered to do business in the US, to electronically file a report with the Financial Crimes Enforcement Network (FinCEN) of the US Treasury Department. These reports will file into an as-yet-nonexistent database of individuals who are direct or indirect beneficial owners of the reporting company, as well as individuals reporting the information for the reporting company. Companies must provide beneficial ownership information.
Estate Planning For Foxes, Entrepreneurs And People With ADHD
So, here are some helpful tips for you, if you are an entrepreneur or a person with ADHD and need to do some estate planning (or any type of decision making for that matter):
• Write it down: Writing your goal and your scenario down requires you to think through the process. Remember, if it is not in writing, it does not exist (at least as far as the probate court is concerned).
• Make snap decisions: In times of crisis, it is better to do something, even if it not the optimal thing, than to do nothing.
• Have a dictator: Find someone to whom you declare your goals and objectives. Give them the right to impose firm standards from the outside.
• Record what you have learned: When you do get something done, record it and learn from it, good or bad.