More with McGlinchey

It's the last quarter of the year, and for some, that means holiday gatherings and New Year's resolutions. However, many managers and supervisors are instead saying "'tis the season for year-end performance reviews." While these annual reviews have their shortcomings companies across the globe, large and small continue to use them. Labor and Employment Members Camille Bryant and Mag Bickford discuss how bias negatively impacts performance reviews, and steps employers can take to mitigate risks.

Unless you are an exempt entity, the new Corporate Transparency Act (CTA) will require you to disclose the beneficial owners of your company to the United States government. Businesses will not be required to do so, however, until the U.S. Department of Treasury issues regulations. What is required, who is exempt, and what will compliance look like for companies and the attorneys and accountants who form them?

The Bank Secrecy Act (BSA) and parts of the U.S. Patriot Act's Office of Foreign Asset Control (OFAC) requirements have seemingly similar goals: to prevent money laundering and the funding of terrorist activities. Yet a lively debate surrounds which entities are covered by these acts, what the acts stipulate, and what entities must do to comply with them. In this episode, Consumer Financial Services Regulatory Compliance attorneys Sarah Edwards (New Orleans), Chris Couch (Birmingham), and Jeff Barringer (Albany) discuss the manner in which these requirements vary based on the type of financial institution, whom they serve, and what they do.

The summer associate experience is one that law students look forward to, and many build careers upon. In the current environment of flexibility and inclusivity, how has the summer associate experience changed? In this episode of More with McGlinchey, attorneys Zelma Frederick and Amanda Stout discuss the firm's clerkship program and its goals, along with four of our 2021 Summer Associates, Taylor Bennington, Sara Grasch, Gillian Miculek, and Erica Powell. The clerks discuss their goals for the summer associate experience, what they've enjoyed about working at McGlinchey, and their advice for current and future law students.

It's been proven that equity in the workplace is an asset for both businesses and their employees because it encourages innovation, creativity, and empathy. Yet the journey through diversity efforts towards equity and inclusion is ever-evolving, especially in the legal industry. In this episode, attorneys Farren Davis (New Orleans) and Dhruv Sharma (Irvine) of McGlinchey's Diversity Committee join Labor and Employment attorney and Diversity Committee member Camille Bryant (New Orleans) to discuss what authenticity, codeswitching, and generational differences mean to law firms seeking to build equitable workplaces.

COVID-19's economic impact on borrowers' ability to repay loans has had major repercussions for auto lenders, and the U.S. Supreme Court recently issued a decision relating to repossessions in bankruptcy. In this episode, McGlinchey attorneys Rudy Cerone (New Orleans) and Colin Quillinan (Albany) discuss the forecast for auto repossessions as COVID borrower relief programs wind down, and the impacts of the recent Fulton decision.

As cryptocurrency becomes more widely accepted as a payment method, it leaves many people wondering whether it will remain a volatile investment or become as common as a debit card. In our second cryptocurrency podcast, McGlinchey attorneys Dan Plunkett (New Orleans) and Chris Bottcher (Birmingham) ask the question: is cryptocurrency Wall Street or Main Street?

In restaurants, the wait staff, bartenders, and bussers are required to report their tips, including cash tips, to the restaurant and the IRS. Even if those cash tips aren't reported to the restaurant, since tips are income subject to employment tax, the IRS can tax the restaurant for the employer's share of FICA tax on the unreported cash tips. In this episode, tax attorney Douglas Charnas (Washington, DC) discusses the tax law governing cash tips and outlines the two voluntary IRS programs that substantially reduce the likelihood that a restaurant will be taxed on unreported cash tips.

You may have heard about recent cyberattacks on utility companies that resulted in large ransoms being paid and our nation's critical utility infrastructure being compromised. Given the ever-evolving nature of cybersecurity, what can energy companies and regulated entities do to keep consumers safe and their businesses operational and in compliance with changing governmental regulation?

Every day, the mainstream media and social media are filled with references to cryptocurrency. Depending on who you ask, it's either simply the next way to spend your money, or it's a haven for criminal activity. In this episode of More with McGlinchey, Dan Plunkett (New Orleans), Co-Chair of McGlinchey's Government and Internal Investigations team, asks his fellow Co-Chair Bob Driscoll (Washington) and Robert Savoie (Cleveland), Chair of McGlinchey's FinTech practice, to weigh in on this question. Cryptocurrency: Wild West or Wall Street?

The Maria Butina case cast a spotlight on once-obscure laws known as 18 USC Section 951, and the Foreign Agent Registration Act, or FARA. The government has revived these laws to target political actors, foreign propagandists, or influencers acting here in the United States without prior notice. The Fourth Circuit recently had something to say about it. In this episode, McGlinchey attorneys Robert Driscoll and Alfred Carry (Washington, DC), who represented Maria, discuss the differences between these two statutes and how they have historically been interpreted and applied by the government and in the courts.

Diversity may seem like a buzzword in the legal industry, but recent years have proven the conversation around equity is critical for the future of the law. In this episode, McGlinchey Managing Member Michael Ferachi and Chief Diversity Officer & HR Director Eliska Plunkett discuss what it means for a law firm to walk the walk when it comes to diversity and inclusion in 2021, including the firm's new #McGlincheyForward initiative and participation in Diversity Lab's "Mansfield Rule" certification and LCLD's "Leaders at the Front" programs.

What does the U.S. Supreme Court's March 25 decision regarding personal jurisdiction in the Ford cases mean for litigants and litigation across the country? Join McGlinchey attorneys Rasch Brown, Gary Hebert, and Brian LeCompte for the fourth installment in their series on the changing landscape of general personal jurisdiction.

The Telephone Consumer Protection Act (TCPA) is always the subject of litigation. The United States Supreme Court recently ruled that the government debt exception, which was added to the statute in 2015, was unconstitutional. Can the Court's recent ruling be interpreted to mean the entirety of the TCPA has been unconstitutional since 2015? Consumer Financial Services attorneys Gregg Stevens (Dallas), Aaron Kouhoupt (Cleveland), and Joe Apatov (Fort Lauderdale) discuss the conflicts and themes in recent rulings, including one from the Supreme Court, and potential compliance implications in the latest episode of More with McGlinchey.

You've worked in the trenches of the private or public sector, and now you've been granted the golden ticket, a job in the Biden Administration. Congratulations, your work has paid off, but you could find yourself opposite a subpoena in your future. What do you need to know in case of an investigation down the road?

When debt is forgiven, as much of the funding lent through the CARES Act's PPP may be, a lender may be required to file IRS Form 1099-C with the IRS and to furnish a copy to the borrower. As a lender, do I need to file the 1099-C when I forgive a PPP loan, or when we finalize a restructuring or settle a case alleging a violation of state or Federal lending law? McGlinchey's Charles Adams (Houston) and Douglas Charnas (Washington, DC) discuss these and more questions about the rules that come into play with cancellation of debt and whether Form 1099-C must be issued.

In the time of Coronavirus with many municipalities implementing restrictions on business and individual activity, employers are anxious to return to normal operations with staff onsite as soon as possible. With vaccines becoming available, employers may be wondering, can I require my employees to get the COVID vaccine?

The Internal Revenue Service is often a significant creditor in a bankruptcy proceeding, frequently taking priority over other creditors. In this episode, Tax attorney Douglas Charnas (Washington, DC) and Financial Services attorney Sarah Edwards (New Orleans) discuss the case of Affirmative Insurance, which examined whether federal income tax liability was considered a pre-petition or post-petition debt.

Nine states, including Florida, have passed the Uniform Commercial Real Estate Receivership Act, what's called the UCRERA. Members of our Business and Real Estate practice groups Manuel Farach and Marshall Grodner discuss what this means for creditors, especially in a time when lending and credit are so uncertain.

The U.S. Supreme Court recently heard oral arguments on two potentially groundbreaking personal jurisdiction cases known as "the Ford cases." In this third episode from our series on Personal Jurisdiction, Rasch Brown, Gary Hebert, and Brian LeCompte (New Orleans) discuss their take on what they heard from the litigants and from the bench.

Election season is in full swing and the climate is certainly charged. In this episode, Labor and Employment attorneys Mag Bickford, Rasch Brown, Camille Bryant, and Kathy Conklin discuss employees' political and controversial speech, implications on employment, and what employers can do to discourage or discipline employees engaging in distracting activities inside and outside of the workplace.

Diversity and inclusion have been trending topics in the legal world for many years. The recent focus on social justice has cast a spotlight on those efforts. In this episode, McGlinchey's Managing Member Rodolfo (Rudy) Aguilar joins Deirdre McGlinchey, chair of the firm's Diversity Committee, to discuss the steps McGlinchey leadership has taken to engender a more equitable environment within the firm and throughout the legal community.

Construction has been deemed an essential industry during this pandemic, but what do employers do when the Coronavirus hits their job site? In this episode of More with McGlinchey, Mag Bickford and Zelma Frederick chat about the interesting intersection of employment law, and construction law when Covid is identified on a worksite, from shutdown and testing to compliance, budgeting, and flexibility, and other considerations for owners and contractors.

In the second installment of More with McGlinchey's series on personal jurisdiction, Rasch Brown, Gary Hebert, and Brian LeCompte discuss the potentially groundbreaking Ford cases pending before the U.S. Supreme Court. Given recent Court precedent, is personal jurisdiction forever changed? How far will the Court go on this? This episode presents the Ford cases in some detail, discusses potential outcomes, and closes with commentary as to the impact of various outcomes. To listen to all episodes of More with McGlinchey, visit us at mcglinchey.com/podcast. If you have a question or would like to propose a topic, we would love to hear from you at [email protected].

Workplace theft can run the gamut from office supplies to petty cash to trade secrets. In this episode of "More with McGlinchey," Labor and Employment attorney Camille Bryant and Dan Plunkett of the Commercial Litigation and White Collar groups discuss assessing what was stolen, investigating internally or with law enforcement, preparing for litigation, and setting the tone to prevent workplace theft. To listen to all episodes of More with McGlinchey, visit us at mcglinchey.com/podcast. If you have a question or would like to propose a topic, we would love to hear from you at [email protected].

Whether they're federal, state, or local, when agents knock on your door with a search warrant, you've already had a bad day. With a few simple tips, you can keep it from getting worse. In this episode of "More with McGlinchey," members and co-chairs of the White Collar practice group, Bob Driscoll and Dan Plunkett, discuss what you should and shouldn't say to agents, managing employees and media, and avoiding obstruction of justice. To listen to all episodes of More with McGlinchey, visit us at mcglinchey.com/podcast. If you have a question or would like to propose a topic, we would love to hear from you at [email protected].

Under the CARES Act, borrowers must be affected by COVID-19 and receive an "accommodation" for their creditors to be subject to new FCRA reporting obligations. However, the CARES Act does not explain how the consumer needs to have been affected, nor is it expressly limited to accommodations provided because of the impact of COVID-19. Therefore, creditors must be careful when determining not only how to report accommodations (such as forbearances) consistent with new credit reporting obligations, but also what can be discussed with borrowers regarding the credit impact of these accommodations. More on this topic from Joe Apatov and Gregg Stevens in the fifth episode of the "More with McGlinchey" podcast. To listen to all episodes of More with McGlinchey, visit us at mcglinchey.com/podcast. If you have a question or would like to propose a topic, we would love to hear from you at [email protected].

How is it that in 2020, we are still discussing personal jurisdiction? Wasn't this decided in the last century? What has changed? These questions have become increasingly relevant following sea change decisions in Goodyear, Daimler, and Bristol Myers. In this episode, McGlinchey Stafford members Rasch Brown, Gary Hebert, and Brian LeCompte discuss these questions and more as we await what promises to be a landmark ruling in a case involving Ford from the U.S. Supreme Court. To listen to all episodes of More with McGlinchey, visit us at mcglinchey.com/podcast. If you have a question or would like to propose a topic, we would love to hear from you at [email protected].

During the Coronavirus, it's been fun working from home, but many are returning to the trenches. One of the issues we need to take a look at is employee benefits. In this episode, McGlinchey Stafford Labor & Employment team members Kathy Conklin and Rasch Brown go into detail about employee benefits and work status, furloughs and leaves of absence, terminations, ability to pay premiums, employer mandates, matching programs, retirement plans, the CARES Act, and what you need to know to safely navigate these waters. To listen to all episodes of More with McGlinchey, visit us at mcglinchey.com/podcast. If you have a question or would like to propose a topic, we would love to hear from you at [email protected].

Confidentiality is fundamental to the client-lawyer relationship. It encourages candid communication between client and lawyer and assists the lawyer in more effectively representing the client. In this episode, McGlinchey Stafford General Counsel, Christine Lipsey, discusses that, in the age of Coronavirus and work from home, there are additional factors for lawyers to consider. We all need to be especially sensitive to maintaining these essential protections. To listen to all episodes of More with McGlinchey, visit us at mcglinchey.com/podcast. If you have a question or would like to propose a topic, we would love to hear from you at [email protected].

Government employees can find themselves in the middle of investigations and want to protect themselves. There's no need to make this road any tougher than it has to be. In this episode, McGlinchey Stafford partners and co-chairs of the White Collar practice group, Bob Driscoll and Dan Plunkett, discuss what government employees should do when they come under investigation and share three steps that can be taken to minimize headaches. To listen to all episodes of More with McGlinchey, visit us at mcglinchey.com/podcast.