Stay updated with the latest legal news, expert analysis, and firm updates from KAASS LAW.
Whether you're facing a legal challenge or seeking proactive counsel, our award-winning team is ready to defend your interests.
Albertson has claimed that it had backed out of, "its $25 billion merger with Kroger and sued its rival for failing to adequately push for regulatory approval…”. This could have been the deal of the century in the supermarket industry in U.S. history. However, someone spilled some water on the floor, and the deal became a victim of a slip & fall, which is extremely common in grocery store environments. Studies have shown that consumers visit grocery stores almost once to three times a week. With such high frequencies of customers coming and going into supermarkets, the risk of potential cases of slip & fall increases. Grocery shopping is a routine activity for the most part of regular life, but it can be a nightmare if you fall victim to slipping, tripping, or, ultimately, falling while on supermarket property. While it's goal is to protect its customers and provide awareness if the floor is hazardous, failing to do so can lead to serious injuries.
These things can happen for a variety of reasons, often to unsafe conditions that are unchecked by staff or management. Common causes include:
In slip & fall cases in grocery stores, there must be proof that there was negligence behind the matter. Proper owners and or businesses, including supermarkets, have a legal obligation to maintain a safe environment for their customers. They should be accountable if they fail in doing so. Here are four elements that needs to check out in order to prove negligence in a slip-and-fall case:
Firstly, seek medical help and or attention. Your health is the most important in this matter. If you sustained injuries and have significant pain, it is best for you to reach the emergency or some type of urgent care right away. Secondly, if possible, document the scene once you fell. Try to get security footage or take pictures and videos after the fall as soon as possible. Please keep this in mind: make sure you have a witness, and don’t give out any statements to anyone! Sometimes, but not all the time, people will use your words against you. Lastly, contact an attorney. Here at KAASS LAW, our firm specializes in these matters and know how to go about and make sure we secure your financial recovery on slip and falls, especially if it in a grocery store. Contact us right away if you have any questions or are seeking legal representation!
On December 4, 2024, outside New York Hilton Midtown in Manhattan, New York, NY, CEO of UnitedHealthcare Brian Thompson, shot to death. Through sources and videos, it appears the shooter targeted Brian from behind when least expected. In Brian's obituary, he was well-liked by his peers, friends, family, and anyone surrounded in his life before his fatal tragedy. Aged 50, a father of two, "Brian was an incredibly loving, generous, talented man who truly lived life to the fullest and touched so many lives," said his wife, Paulette Thompson. A Nation Man Hunt was dispatched and found a person of interest, Luigi Mangione. This 26-year-old, born and raised in Maryland, was at a McDonald's in Altoona, Pennsylvania. One of the workers called in, and officers questioned Luigi Mangione. They found multiple fraudulent IDs, a 3D-printed gun with a silencer, and a U.S. passport. Police matched one of the fake IDs that the suspect used to check into a Manhattan Hostel before the shooting. Afterwards, they the suspect with charges of five counts in Pennsylvania for, forgery, unlicensed firearm, tampering with records or ID, and false identification to law enforcement. New York later charged him with murder on the night of his arrest.
Explore the Adjustment Process for U.S. immigration, including timelines, fees, eligibility, and common challenges. Learn how to navigate the Green Card application efficiently.
Adjustment of status is a process through which individuals in the U.S. on a temporary visa can become lawful permanent residents without needing to return to their home country for visa processing. This option is typically available to individuals who qualify through family, employment, or humanitarian programs like asylum.
The timeline for adjustment of status varies depending on factors such as processing backlogs and the applicant’s eligibility. Here's a typical overview:
Is this a comeback for Vine? Jokes aside, in the recent years, TikTok is currently one of the most worldwide social media platforms. With billions of active users, the app alone has allowed connections and shared creativity, and is the source of current viral trends that target audiences from the early youth, to the older generation demographic. However, TikTok's influence has also been under hot water with the U.S. Government. As of January 19, 2025, the U.S. government is going to impose a nationwide ban on TikTok. This social media platform will likely disrupt countless American users, content creators, and actual businesses that use its channel to help promote and or connect with their current or future customers. The following section will dive further into how this transpired and what the possible future looks like for the rest of the social media platforms.
The ban on TikTok in the U.S. is not an all of a sudden decision. The app itself, being owned by a Chinese company called ByteDance, has been under scrutiny and has raised several problems that need resolution on national security for several years. The United States Government has summoned the CEO of the social media platform to a hearing and made it clear that there is a question of trust and concerns with their possible connection with the Chinese government on a private date being given and or sold to the wrong hands. Here are key points on the matter:
This analysis outlines a structured approach to addressing royalty mismanagement issues involving ASCAP, BMI, and the publisher, Evolving Sound. Below is a concise action plan based on your points: Action Plan for Royalty Mismanagement 1. Issues Identified • Unauthorized Registration with ASCAP: Challenge ASCAP’s registration of works without explicit authorization, especially as CLIENT is a BMI member. • Royalty Discrepancies: Investigate minimal royalties reported by ASCAP and limited payments for international performances via BMI. • Publisher Breach of Fiduciary Duty: Address Evolving Sound’s potential unauthorized registrations and mismanagement. • Pending Registrations: Push BMI to expedite “Pending Society Review” cases. • Non-Responsiveness: Demand accountability from ASCAP and the publisher. 2. Immediate Actions • Send Demand Letters: • ASCAP: • Request detailed royalty accounts and challenge unauthorized registrations. • BMI: • Request updates on pending registrations and support for international royalties. • Evolving Sound: • Demand full accounting and address breaches of fiduciary duties. • : • Gather BMI royalty statements (2021–2024). • Consolidate ASCAP Work IDs and royalty records. • Collect communications with ASCAP, BMI, and Evolving Sound. • : • Request audits of ASCAP’s and BMI’s royalty collections. • Examine Evolving Sound’s records for discrepancies. • : • Pursue claims against Evolving Sound for unauthorized ASCAP registrations and negligence. • : • Address unauthorized registrations by ASCAP as potential infringement. • : • Seek repayment of improperly retained royalties from ASCAP. • : • File claims against Evolving Sound for mismanagement of registrations. • : • Proceed to arbitration or litigation if preliminary demands fail. • : • Ensure all works are registered and managed exclusively under BMI. • : • Terminate agreements with Evolving Sound if breaches are confirmed. • Implement stricter agreements for future publishing relationships. • : • Define clear terms for ownership, registration, royalty reporting, and dispute resolution. • : • Hire a professional for ongoing monitoring and management of royalty collections. Legal counsel specializing in entertainment law should: • Draft and issue formal demand letters. • Negotiate with ASCAP, BMI, and Evolving Sound. • File claims for contract breaches, copyright infringement, and unjust enrichment. • Represent CLIENT in arbitration or court proceedings if necessary. This approach emphasizes evidence-based advocacy, structured legal action, and long-term preventive measures. By holding ASCAP and Evolving Sound accountable and streamlining processes under BMI, CLIENT can mitigate future risks and recover lost royalties effectively.
DATE: November 26, 2024 RE: Rent Increase for Tenant in Burbank, California
This memorandum outlines the permissible rent increase for a residential property in Burbank, Los Angeles County, California, under the Tenant Protection Act of 2019 (AB 1482) and Burbank Ordinance No. 24-4,014. It also addresses whether tenant characteristics (e.g., having minor children) or tenant hardship affect the landlord’s ability to raise rent and provides guidance on compliance with notice requirements.
Can the landlord legally raise the rent for a tenant residing in a 4-unit residential building in Burbank, CA, who has lived there for 2 years with three minor children, and by how much? Does Burbank’s local ordinance or tenant characteristics (e.g., minor children or financial hardship) impose any additional restrictions on rent increases?
The landlord intends to raise the rent for a tenant who has continuously occupied a unit for 2 years. The property is subject to the and , which govern permissible rent increases and tenant protections. Under AB 1482:
A federal judge has issued a nationwide preliminary injunction temporarily blocking enforcement of certain provisions of Corporate Transparency Act. The Corporate Transparency Act was enacted in 2021 and aimed at combating money laundering and illicit financial activities by requiring most companies to disclose their beneficial owners to the Financial Crimes Enforcement Network. The law aimed to increase transparency by targeting anonymous shell companies. These are ongoing legal challenges from business groups, including sole proprietors and small business owners. They argued that this violated privacy rights. The court agreed, ruling that the plaintiffs were likely to succeed in their arguments that certain provisions of the CTA might be unconstitutional.
The plaintiffs in this case, an individual, three small businesses, the Liberation Party of Mississippi, and the National Federation of Independent Business (NFIB), fought and argued in court that the CTA is unconstitutional. The court determined that a nationwide ban on the Corporate Transparency Act’s enforcement would be applicable. FinCEN has not yet made any public statements on this matter. The government may decide to appeal this preliminary injunction to the US Court of Appeals for the Fifth Circuit. However, there is no determination as of yet. Companies and or businesses that have not yet filed their BOI reports under CTA may possibly delay their submission. The deadline is originally on for January 1, 2025
Learn how to avoid common workers' compensation mistakes that can affect your claim. Get expert advice from KAASS LAW to ensure you receive the benefits you deserve. Workers’ compensation is an essential program designed to protect employees who suffer injuries or illnesses due to their jobs. However, many workers make avoidable workers' compensation mistakes that can hinder their claims. At KAASS LAW, we are committed to helping you navigate the complexities of workers’ compensation. In this blog, we will outline five familiar workers' compensation mistakes to avoid to ensure you receive the benefits you deserve.
One of the most significant workers' compensation mistakes is not reporting an injury immediately. Most states require employees to notify their employers of a workplace injury within a specific timeframe, often 30 days. Delaying this can lead to complications or even the denial of your claim.
When you report your injury promptly, it creates a crucial record for your claim. It also allows your employer to begin filing a workers' compensation claim on your behalf. If you wait too long, your employer may dispute your claim, arguing that your injury did not occur at work or that you failed to follow proper protocols. This is one of the easiest to avoid with timely action.
The Corporate Transparency Act (CTA), enacted by the U.S. Congress on January 1, 2021, introduced significant changes to the corporate governance landscape. The law requires certain business entities—referred to as Reporting Companies—to disclose beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN), a division of the U.S. Treasury. This transparency requirement aims to combat money laundering, terrorist financing, and other illicit activities. This provides authorities with clearer insights into the ownership structures of businesses operating in the U.S. However, the CTA has faced several legal challenges since its enactment. Plaintiffs argued that the law infringes upon constitutional rights and exceeds Congress's powers. As of November 2024, the outcome of these lawsuits is still being determined. However, one thing is clear: businesses should not rely on these ongoing litigations to delay their filing obligations.
The CTA mandates that reporting companies provide beneficial ownership information to FinCEN. A beneficial owner is an individual who, directly or indirectly, owns or controls at least 25% of the company. Also, a beneficial owner has significant control over its operations. The files the company formation documents. The law requires this information to be submitted when a business is created and on an ongoing basis if changes to ownership or control occur. By January 1, 2025, all existing Reporting Companies must comply by filing this beneficial ownership information. Failure to comply can result in hefty fines and even criminal penalties. The goal of the CTA is to provide authorities with a clearer picture of corporate structures, particularly in preventing criminal activities such as money laundering, financing of terrorism, and tax evasion. This law is designed to make it harder for illicit actors to hide behind anonymous corporate entities and will have significant implications for businesses across the U.S.
The U.S. Department of Homeland Security (DHS) made a publication of the Federal Register notice, which is designating Lebanon for Temporary Protected Status. This is a significant headway, especially with what is going on with current events. It goes without saying, but innocent lives and citizens are the first victims of tragic battles and or wars. Rather than taking sides and debating who is in the right, this is informative on helping to achieve safety for those who don't deserve these circumstances. The country of Lebanon has been in turmoil for some time now, but this year, in particular, things are heating up. Keep in mind, Lebanon is still recovering from the Beirut port explosion back in August 2020. With the current widespread humanitarian crisis, political instability, collapsing economy, food shortage, and many more, Homeland Security took the initiative to assist those who are seeking help.
People from across the internet are already considering Luigi as a vigilante or a hero to the community on TikTok, Instagram, X (Twitter), and Facebook. Massive Yelp reviews are dropping 1 star, AI or edited pictures, and bomb threats due to one of the employees calling the cops on the suspected shooter. One of the comments wrote, "Too many Rats. Unacceptable Rats should not be here. Will never go again and not impressed." A book published in 2010 that criticizes the U.S. insurance industry has risen to number two on Amazon's nonfiction best sellers list. The book called, "Delay, Deny, Defend: Why Insurance Companies Don't Pay Claims and What You Can Do About It." by legal scholar Jay Feinman, the book has gained the spotlight with communities on the internet. At the scene of the crime, police found the words "deny, defend, and depose", on the shell casings. There are reports through social media platforms of health insurance CEOs taking down their profile pictures or information from Linkedin and their own websites. The Daily Mail has a video of "Wanted Posters" of other Health Insurance CEOs in New York City streets.
The arrest of Luigi Mangione is still developing, so the results of the matter is inconclusive. By law, any arrest or held accused of a crime, a person is innocent until proven guilty through the court system. As of now, the suspect shooter is held without bail at the hearing, fighting extradition. Currently held in Pennsylvania, New York is attempting to extradite him to process the murder charge of the CEO. However, Luigi Mangione and his defense attorney, Thomas Dickey, argued: "that the state of New York did not provide the defense with the official second-degree murder charges in documents they were given, and now the defense has 14 days to request a writ of habeas corpus for those." The speculation is that the defense is attempting to buy more time and build their case for the court. It appears his defense is willing to fight tooth and nail on any of the charges. However, the evidence against the defense doesn't appear to look good. The development of this case is still unfolding.
Living in a civilized society, law and order are extremely important. We don't sway into chaos and destruction in our communities. Everyone has the right to have their opinions, but acting upon them into radical violent behavior doesn't justify anything. We have rules of law, or else everything we have fought for and believed in would be in vain. Granted, there have been numbers of people who argue that the healthcare industries have been maximizing their greed and profits. They conduct this by taking advantage of American citizens and their poor health conditions. Studies have shown that the U.S. "continues to be in a class by itself in the underperformance of its health care sector." Taking that into account, there is a rise of opinions that favor Luigi Mangione. His actions, allegedly, are justifiable, from what people claim. However, let this be a good opportunity to reflect on this matter. Our goal is how we can better ourselves as people within civility. For any further questions and or seeking legal representation, please contact KAASS LAW today!
Several fees are associated with the adjustment of status process, including:
Additional fees may apply if the applicant needs to file forms for work authorization (Form I-765) or travel authorization (Form I-131). The full breakdown of USCIS fees can be found on their official fee schedule.
To qualify for adjustment of status, applicants must meet several key requirements:
If you're unsure whether you meet the eligibility criteria, it's best to consult an immigration attorney. Our blog on waivers of inadmissibility explains eligibility issues and inadmissibility.
Several challenges can arise when applying for an adjustment of status:
We have detailed more about potential challenges in our blog on U.S. immigration interviews and what to expect.
USCIS may require an interview as part of the adjustment process, especially in family-based cases. This is a crucial step, and the immigration officer will verify the information provided in your application. Preparation tips include:
For more tips on preparing for your interview, check out our blog post on U.S. immigration interviews.
Applicants often ask whether they can work or travel while their Form I-485 is pending. To work legally, you can apply for employment authorization (Form I-765); to travel outside the U.S., you will need advance parole (Form I-131). It’s important not to leave the U.S. without advance parole, as it may result in your application being considered abandoned. Our blog on advance parole and work permits during pending Green Card applications covers this topic more fully. Adjusting your immigration status is a significant step toward permanent residency in the U.S. At KAASS LAW; we offer personalized legal guidance to ensure you understand every aspect of this process, from eligibility to interview preparation. Our team is ready to help you avoid pitfalls and confidently move forward with your application. For personalized assistance with your adjustment of status or any other immigration matters, contact KAASS LAW to schedule a consultation.
TikTok's data collection has raised red flags over how much personal info it has been gathering over the years and has stored its data. They have assured this data from the U.S. is safe and secured.
U.S. Lawmakers worry that TikTok could be a method for the Chinese government to infiltrate Americans and its citizens. TikTok has denied this claim, but knowing China, "Chinese national security requires that all Chinese companies…acquiesce to Beijing's demands for intelligence".
TikTok could potentially be a tool to spread disinformation, i.e., sensitive political events and or elections. The U.S. Government speculates Chinese Government's involvement. They claim that China is spreading fake news into the U.S. through TikTok as a tool to mislead American citizens. Stating the obvious, but propaganda is a real thing. With the constant algorithms being thrown at your face, there's no way of telling who is attempting to manipulate. These micro reels and small videos can have a big impact on everyday users. This can potentially lead to unnecessary distrust within the government and its functions.
The United States isn't the only country that is scrutinizing TikTok. Plenty of countries, such as India and other European nations, have taken matters into their own hands against the app. The U.S. ban reflects a wider trend of other nations taking a firm position on foreign technological, social media platforms that compromise data security.
This nationwide TikTok ban may potentially face legal challenges from international to domestic. ByteDance, the parent company, has already filed a lawsuit in several countries to protect its interests. Legal experts speculate that the U.S. ban will result in possible violations of free speech and digital rights. Additionally, this will likely increase political turmoil between the States and China. The two global powers, given the current affairs, will further distance themselves from each other and are less likely to find any resolutions in any other future matters and or problems.
The ban on TikTok is also a pivotal moment for social media, technology, and national security overall. The app has made milestone history and successfully brought people from all over the world together. Countless shares of insights regarding culture, humor, dance routines, viral pranks, news, businesses, family, and friends. It undeniably broke through all types of barriers but still raises concerns regarding data privacy, disinformation, and foreign influence that cannot be ignored. As the ban gets closer to its date, people and businesses may have to adapt to a new digital landscape. Whether the ban will happen as scheduled or change remains unclear. The U.S. has offered to buy the social media platform from them and allow it to remain within the States, but that offer seems unrealistic for TikTok.
If you believe that this matter may hurt you and or your business financially, or you believe that your private data has been compromised and your personal information has been stolen through TikTok, contact us today! If any possible financial and or emotional distress occurs due to these events mentioned above, you might potentially have a case. For any further questions or seeking legal advice, representation, and or preparation for any legal documents, reach out to us at any given time! KAASS LAW
For Los Angeles County, the CPI for 2024 is 3.9%, making the maximum allowable rent increase 8.9% (5% + 3.9%) (California Apartment Association, 2024).
Tenant Protection Act (AB 1482):
Burbank Ordinance No. 24-4,014:
The rent increase cap of 8.9% under AB 1482 remains applicable and is not altered by Burbank’s ordinance.
For Los Angeles County in 2024:
Per Civil Code § 827(b)(2):
The landlord must serve a compliant written notice at least 30 days before the increase takes effect.
However, if the lease agreement is silent on how rent increases are handled, Civil Code § 827 automatically applies to govern the process. The landlord must provide:
The notice period is 30 days, but when the notice is served by mail, an additional 5 calendar days are added to the required notice period under Code of Civil Procedure § 1013(a). This effectively means:
Tenants in occupancy for more than 12 months are protected under AB 1482’s just cause eviction provisions (Civil Code § 1946.2) and Burbank’s ordinance. The landlord cannot evict tenants without a valid reason, and raising rent beyond the legal limit could be seen as a retaliatory act.
The landlord may legally raise the rent by up to 8.9% in compliance with AB 1482 and Burbank’s ordinance. To proceed:
Tenant characteristics, including the presence of minors, do not impose additional restrictions on the rent increase. If hardship issues arise, tenants may seek assistance from local housing programs or negotiate for phased increases.
Always inform your supervisor or HR department about your injury as soon as it happens. Document the details of the incident, including the date, time, and any witnesses.
Failing to seek immediate medical attention is another common workers' compensation mistake. Even if your injury seems minor, getting a professional evaluation is essential. A timely medical examination ensures your health and safety and creates documentation crucial for your claim.
Medical records serve as key evidence in your workers' compensation case. They establish the extent of your injuries and the necessary treatment. Delaying medical treatment can worsen your condition and may be interpreted as a lack of seriousness regarding your injury, which could lead to complications in your claim.
Visit an approved medical provider as soon as possible. Follow their recommendations and maintain thorough records of all visits, treatments, and medications.
Another mistake that can jeopardize your claim is underreporting the severity of your injury. Some workers may downplay their symptoms, thinking it will expedite the process or make them seem less problematic. However, this can lead to inadequate benefits and insufficient support during recovery.
When you fail to describe your injuries accurately, you risk receiving less compensation than you deserve. Workers' compensation covers medical expenses, lost wages, and rehabilitation costs. Not being forthright about your condition may result in medical bills or other expenses that could have been covered. This is one of the more serious workers' compensation mistakes that can cost you.
Be honest and comprehensive when detailing your symptoms. Document all aspects of your injury, including pain levels and limitations in daily activities. Accurate reporting ensures you receive the full range of benefits available.
Every workers’ compensation claim has specific deadlines that must be adhered to. These can include the deadline for reporting the injury and filing your claim. Missing these deadlines is a common workers' compensation mistake that can result in losing your right to benefits.
Each state has its own set of regulations for filing workers' compensation claims. For instance, California generally allows you to file a claim within one year from the date of the injury or within five years for cumulative trauma injuries. However, some deadlines may be shorter depending on your situation.
To avoid missing critical deadlines, maintain a calendar to track important dates related to your claim. It’s advisable to consult with a workers' compensation attorney to ensure you are aware of all applicable timelines and avoid this frequent workers' compensation mistake.
Many injured workers attempt to handle their workers' compensation claims without legal assistance, believing they can manage the process themselves. However, the system can be complex, and missteps can be costly.
A skilled workers' compensation attorney can help you navigate the intricacies of your claim. They can assist in gathering evidence, completing paperwork, and representing you in negotiations with insurance companies. An attorney can also provide valuable advice regarding your rights and options. Avoiding the mistake of not seeking legal counsel can make a significant difference in the outcome of your claim.
If you experience complications with your claim, such as a denial or insufficient benefits, it's crucial to consult an attorney as soon as possible. This ensures you don’t fall into one of the most critical workers' compensation mistakes of handling the process alone. Avoiding these common workers' compensation mistakes can significantly improve your chances of obtaining the benefits you deserve. If you have been injured on the job, KAASS LAW is here to assist you through every step of the claims process, ensuring your rights are protected. For more resources on workers' compensation and related topics, contact KAASS LAW to schedule a consultation. For more information on workers' compensation regulations and requirements, visit the U.S. Department of Labor's Workers' Compensation page.
While the CTA is widely seen as a significant step toward enhancing corporate transparency and fighting financial crimes, it has also faced multiple legal challenges. Critics argue that the law infringes upon various constitutional rights, including the right to privacy, the right against self-incrimination, and property rights. National Small Business Association v. U.S. Department of the Treasury One of the most notable legal cases challenging the CTA is the National Small Business Association v. U.S. Department of the Treasury. In this case, plaintiffs, including the National Small Business Association (NSBA) and several individual business owners, argue that the CTA is an unconstitutional exercise of congressional power. They contend that it violates the Fourth Amendment (protection against unreasonable searches), the Fifth Amendment (right against self-incrimination), and the Ninth Amendment (right to privacy). Additionally, the plaintiffs assert that the law exceeds Congress's powers under Article I of the Constitution and infringes upon state sovereignty under the Tenth Amendment. In March 2024, the U.S. District Court for the Northern District of Alabama ruled in favor of the plaintiffs, finding that the CTA was unconstitutional as an exercise of Congress’s powers under Article I. This decision focused primarily on the federal government’s authority over foreign affairs, interstate commerce, and taxation. However, the court did not address other constitutional claims about privacy, self-incrimination, or compelled speech. As a result of this ruling, FinCEN announced that it would not enforce the CTA against the plaintiffs or their members but would continue to enforce the law against all other entities. National Small Business Association is currently under appeal in the Eleventh Circuit Court of Appeals, and a decision is expected in the coming months.
In addition to the National Small Business Association case, several other lawsuits have been filed challenging the CTA’s constitutionality. These challenges generally focus on similar claims regarding violations of the First, Fourth, Fifth, and Tenth Amendments. However, so far, courts have largely sided with the government. Firestone et al. v. Yellen et al. In Firestone et al. v. Yellen et al., plaintiffs filed a lawsuit in June 2024 challenging the CTA’s constitutionality. The U.S. District Court for the District of Oregon denied the plaintiffs' request for a preliminary injunction. The court determined that the plaintiffs lacked standing to challenge the law. The court also found that their claims of harm were insufficient to warrant blocking enforcement of the CTA. This ruling allowed the plaintiffs to continue prosecuting the case, but the CTA remains enforceable against all parties except those involved in the lawsuit. Community Associations Institute v. Yellen et al. Similarly, in Community Associations Institute v. Yellen et al., plaintiffs challenged the CTA in October 2024. The plaintiffs argued that the CTA exceeded Congress’s powers under the Commerce Clause and violated the First and Fourth Amendments. The U.S. District Court for the Eastern District of Virginia ruled against the plaintiffs, rejecting their constitutional claims and denying their request for a preliminary injunction. This case is also under appeal.
Despite the ongoing litigation, businesses should understand that the January 1, 2025 deadline for filing beneficial ownership information with FinCEN is unlikely to be delayed for most entities. While the National Small Business Association case could result in a ruling that affects the CTA's enforcement for plaintiffs involved in the lawsuit, it is important to remember that the decision would not automatically apply to other reporting companies. FinCEN has made it clear that it will continue to enforce the CTA against all entities not involved in the ongoing litigation. Therefore, reporting companies should rely on something other than the outcomes of these legal challenges to delay their filing obligations. Currently, businesses that are required to file under the CTA should begin gathering the necessary information and preparing for the January 2025 deadline. Failure to comply can result in penalties ranging from $500 per day for late filings to criminal penalties, including up to $10,000 in fines and imprisonment for willful noncompliance.
While ongoing legal challenges have the potential to delay or alter aspects of the CTA, Congress could also amend the law to address concerns raised in the lawsuits. For instance, H.R. 5119, a bill introduced in December 2023, sought to extend the filing deadline for specific companies, but it has yet to pass in the Senate. Similarly, H.R. 9278, introduced in August 2024, proposes modifications to the CTA, but it remains to be seen whether these bills will pass before the January 2025 deadline. If Congress amends the CTA, businesses must stay updated on any new developments and adjust their filing plans accordingly.
The most important takeaway for businesses subject to the Corporate Transparency Act is that they should not rely on the ongoing litigation to delay their filing obligations. Despite the legal challenges, FinCEN is expected to enforce the CTA against all companies that are not part of the lawsuits, and the January 1, 2025, filing deadline remains intact for the vast majority of reporting companies. To ensure compliance with the CTA, businesses should begin collecting the necessary beneficial ownership information and prepare to file with FinCEN before the end of 2024. Failure to file can result in significant penalties, including fines and criminal charges, so it is crucial to meet the deadline. Finally, companies should stay informed about the latest legal developments surrounding the CTA. While changes to the law are possible, the likelihood of significant shifts affecting the filing deadline or requirements seems low. Businesses should work with legal professionals to navigate these complex requirements and ensure compliance with federal regulations.
For any legal assistance and or seeking representation, contact KAASS LAW today!
For those who do not know, Temporary Protected Status (TPS) is a humanitarian immigration program that provides relief to foreign nationals from countries experiencing ongoing armed conflict, environmental disasters, or conditions that allow a safe return back to the U.S. This gives them the chance to stay in our country, for a designated period of time, and to avoid deportation. This also gives them opportunities to apply for employment authorization. However, this does not mean that TPS aims towards permanent residency but solely to protect people from harm from their native land and or avoid deportation during their time of designation in the States. The DHS determined that Lebanon meets the criteria for TPS designation. The U.S. wants to ensure the safety of its own citizens residing in Lebanon, including the country's nationals.
To qualify for TPS status under Lebanon designation, applicants must meet certain eligibility requirements:
The DHS is offering 11,000 applicants for TPS. Applicants, upon approval, may benefit in the following:
It was briefly mentioned, but it is worth elaborating on how to apply. DHS has the essential guidelines on its site, but you always need legal, up-to-date documents that can prove your eligibility, such as passports, national ID cards, or other official documents that can further help with your applications. The DHS website has the I-821 form, which is necessary to sign. However, signing for I-765 is optional; it's provided for anyone who wants to work legally in the States. Once filled out, submit your applications to the correct USCIS address, or make an account with DHS and sign in to apply online. Your application will then be under review, and you will be notified based on their decision. Remember, turn in anything and everything that helps your case to becoming an approved applicant. Conclusion In summary, Temporary Protected Status (TPS) is about offering safety and support to those escaping dangerous conditions in their home country. Lebanon’s designation reflects a humanitarian effort to protect lives and provide opportunities for those in need.
If you are and or a loved one is seeking further assistance on preparing these forms or need any legal representation contact KAASS LAW today!