Corporate Transparency Act is Declared Unconstitutional in U.S. District Court

Months after the Corporate Transparency Act (CTA) went into effect, a federal court has found it unconstitutional, ruling that it exceeds the Constitution’s limits on Congress’ power. On March 1, 2024, U.S. District Court Judge in Alabama issued a 53-page opinion granting summary judgment for the National Small Business Association and held that the Corporate […]

FinCEN Releases Beneficial Ownership Reporting Guidance

On September 18, 2023, the US Department of Treasury Financial Crimes Enforcement Network (FinCEN) published its Small Entity Compliance Guide.  The new FinCEN guide assists businesses in reporting beneficial ownership information (i.e., individuals who directly or indirectly own or control a company).  It provides a useful collection of Corporate Transparency Act – Background In September […]

FTC Proposes Ban on Non-Compete Agreements

On January 5th, the Federal Trade Commission issued a notice of proposed rulemaking that seeks to implement a nationwide retroactive ban on non-compete agreements, with limited exceptions. The proposed rule would supersede state laws that are less protective of employees.  If enacted, the rule would amount to a near-total ban on the use of non-compete […]

Kentucky NIL Law Allows College Athletes to Profit from Name, Image & Likeness

On March 9, 2022, the Senate Bill 6 – the Kentucky NIL law – was signed into law by Governor Andy Beshear.  The new law will allow Kentucky NCAA student athletes to earn compensation from the use of their Name, Image, and Likeness (“NIL”), an opportunity formerly prohibited by the NCAA.  Kentucky student athletes can […]

KY Supreme Court Ends 14-Day Delay for Eviction Proceedings

On March 22, 2022, the Kentucky Supreme Court issued an order which rescinded a previous order requiring residential eviction proceedings be delayed 14 days.  Under the previous order, residential eviction proceedings for non-payment of rent were required to be continued for 14-days so long as the tenant appeared at the initial hearing.  The new order […]

CCG Represents Technology Company in Connection with $6.5 Million LLC Membership Interest Redemption

Commonwealth Counsel Group represented a large technology company in connection with a $6.5 million redemption of the membership interest of one of the founders of the company.  The transaction involved extensive negotiations and documentation on a variety of issues and was successfully closed in short order, allowing a smooth and efficient transfer of control of […]

CCG Successfully Challenges Kentucky Claims Commission Order on Behalf of Property Owner

Commonwealth Counsel Group PLLC recently secured full reversal of an adverse order from the Office of Claims and Appeals (formerly Kentucky Claims Commission) on behalf of a Kentucky property owner who brought claims against the Kentucky Division of Forestry.  CCG was engaged to file a “petition for judicial review” and convinced the Breckenridge Circuit Court […]

CCG Attorneys Named 2022 Kentucky Super Lawyers & Rising Stars

Commonwealth Counsel Group PLLC is pleased to announce that three of its attorneys have been recognized for inclusion in the 2022 Kentucky Super Lawyers and Rising Stars lists. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer […]

6th Circuit Dissolves Stay of OSHA Vaccine Emergency Temporary Standard (ETS)

On Friday, December 17, the Sixth Circuit Court of Appeal, in a 2-1 decision, dissolved the Fifth Circuit’s earlier stay of the federal OSHA “vaccine-or-test” Emergency Temporary Standard (ETS).  In short, the Sixth Circuit found that OSHA had acted within its Congressionally-conveyed authority and had an adequate basis for adopting the ETS as it did.  […]

New Federal “Mandates” for COVID-19: What Employers Need to Know

On September 9, 2021, President Biden announced major changes in the way the federal government is combating the COVID-19 pandemic as part of the Path Out of the Pandemic action plan.  The plan includes the following measures: The Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing a temporary emergency rule to require […]