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Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events

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Preliminary Injunction of CTA and What it Means for Reporting Companies

On December 3, 2024 the United States District Court for the Eastern District of Texas granted a nationwide preliminary injunction, enjoining the enforcement of the Corporate Transparency Act (“CTA”) and staying its reporting deadline. Congress passed the CTA in January of 2021, and it became effective on January 1, 2024.…

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Remote Work and Cybersecurity: Keeping Law Firm Data Safe Beyond the Office

With the rise of hybrid and remote work in the legal industry, the challenge of securing sensitive client data has grown exponentially. Law firms must grapple with ensuring data protection across varied locations and through potentially vulnerable networks. Protecting data is not only a matter of compliance but also central…

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Texas District Court Strikes Down DOL’s Regulation Increasing Minimum Salary Requirement for White Collar Overtime Exemption

The U.S. Department of Labor’s (“DOL”) final regulation increasing the salary threshold for the “white collar” overtime exemption came to a halt on November 15, 2024, when the U.S. District Court for the Eastern District of Texas vacated and set aside the regulation as exceeding the DOL’s statutory rulemaking authority.…

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Trusts in New Jersey – Understanding the Duties and Responsibilities of New Jersey Trustees

As a general rule, trusts are created in one of two ways.  Inter vivos trusts are established by an agreement or declaration during the life of the creator (called the “grantor” or “settlor” of the trust).  Testamentary trusts are created in the will of a testator and do not exist…

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Heat Stress: OSHA’s Proposed New Rule and What it Means for Employers

On August 30, 2024, the Occupational Safety and Health Administration (OSHA) published in the Federal Register its proposed regulations for Heat Injury and Illness Prevention in Outdoor and Indoor Settings, delivering on the Biden administration’s three-year long promise to have the agency put forward a rule to protect workers from…

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Not So Fast: Texas District Court Blocks FTC’s Ban on Noncompete Agreements

On August 20, 2024, the U.S. District Court for the Northern District of Texas invalidated the Federal Trade Commission’s (FTC’s) final rule that effectively banned the use of noncompete agreements by U.S. employers.  The ruling comes just in time for employers facing the inability to enter into or enforce noncompete…

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CCA 202352018 – A Cautionary Tale

Since passage of the Uniform Trust Code in New Jersey in 2016, planners now have an established procedure to modify or terminate an irrevocable trust, and it is undoubtedly a valuable tool. Clients frequently have trusts that could be made better if one or two changes were made.  However, while…

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Supreme Court Ruling Sparks Urgency in Reassessing Buy-Sell Agreements for Closely Held Companies

Ensuring the seamless transition of ownership and safeguarding a company’s stability is of paramount importance to any closely held business.  Buy-sell agreements play a crucial role in achieving these objectives. These agreements dictate the terms under which shares of the business can be bought or sold, typically triggered by events…

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Employers Should Audit Exempt Classifications in Response to USDOL’s Increased Salary Requirements to Qualify For Overtime Exemption

On April 24, 2024, the U.S. Department of Labor (DOL) announced a long anticipated final rule increasing the minimum salary requirements that “white collar” and highly compensated employees must meet to qualify for exemption from the overtime requirements of the Fair Labor Standards Act (FLSA).  It is estimated that the…

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NJ Supreme Court Limits Use of Non-Disparagement Provisions in Employment Settlement Agreements

In a unanimous opinion, the New Jersey Supreme Court recently held that a non-disparagement provision in a settlement agreement that prevented a former employee from revealing details about allegations of sexual harassment, sex discrimination and retaliation was against public policy and cannot be enforced. The plaintiff, a former police sergeant, appealed…