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The Palm Beach County Personnel Appeals Board is responsible for adjudicating appeals from permanent

status, non-bargaining unit employees regarding discharges and layoffs. Upon an employee’s request, the Board conducts hearings and renders final, binding decisions.

As a Florida Bar Board Certified attorney in Labor and Employment Law, Brett helps public and private sector employers resolve issues in a prompt and efficient manner. Brett is a frequent speaker on labor and employment law and human resources matters and works closely with employers to ensure that their practices comply with federal, state, and local laws.

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Section 3 of the EO, titled “Terminating Illegal Discrimination in the Federal Government,” specifically addresses the federal contracting process and revokes several previous executive orders and memoranda, including Executive Order 11246 (“EO 11246”). Originally established in 1965 by President Lyndon Johnson, EO 11246 prohibited employment discrimination by federal contractors and subcontractors based on race, color, religion, sex, and national origin. EO 11246 also required covered contractors to take affirmative action to ensure equal employment. President Trump’s EO now bars federal contractors from considering race, color, sex, sexual orientation, religion, or national origin in their employment, procurement or contracting practices “in ways that violate the Nation’s civil rights laws.” The EO ultimately eliminates affirmative action plan obligations for federal contractors.

Section 4 of the EO, titled “Encouraging the Private Sector to End Illegal DEI Discrimination and Preferences” directs federal agencies, in coordination with the attorney general, to take necessary actions to implement the EO’s principles. Within 120 days, the attorney general, in consultation with agency heads, is required to submit a report with recommendations for enforcing federal civil rights laws and taking other appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI. This report must outline key areas of concern within each agency’s jurisdiction, identify the most egregious DEI practices, propose specific measures to deter illegal discrimination, suggest strategies for private sector engagement, and indicate potential litigation and regulatory actions.

It is crucial to note that President Trump’s EO does not alter existing anti-discrimination laws (like Title VII or the Florida Civil Rights Act) or their judicial interpretations. However, we strongly encourage employers, particularly federal contractors, to evaluate their current DEI initiatives and/or programs to ensure potential compliance with the EO.

We will continue to monitor developments regarding this executive order. If you have any questions or concerns about it or other employment-related executive orders, please feel free to reach out to us.

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The Financial Crimes Enforcement Network has announced that the reporting of certain stakeholder information is voluntary, pending the resolution of the federal government’s appeal of an injunction by the U.S. District Court for the Eastern District of Texas. This injunction barred enforcement of the CTA and its beneficial ownership reporting requirements, citing potential unconstitutionality.

Fabio pointed out the difference between the Texas court’s decision and an earlier decision by the U.S. District Court for the Northern District of Alabama: “This case in Texas goes a step further, and a big step further, because it imposed the injunction, which is not limited to the plaintiffs in the case, but it’s a nationwide injunction.”

Fabio is a corporate and real estate attorney, representing businesses and investors in the acquisition and financing of property, along with business transactions and corporate matters. He specializes in cross-border transactions involving clients based in the United States, Europe, and Latin America.

Read the full article in the Daily Business Review here: https://www.law.com/dailybusinessreview/2024/12/10/nationwide-injunction-halts-corporate-transparency-act-reporting-requirements/?slreturn=20241218103920&utm_source=rss&utm_medium=rss

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The court found that the CTA represented an unprecedented federal intrusion into areas traditionally managed by state governments and posed a threat to the anonymity historically afforded to corporate owners. Additionally, the Court found the Plaintiffs’ were likely to succeed in showing these constitutional violations and enforcement of the CTA compliance deadline would cause irreparable harm. The Court stayed the deadline to file a report under the Administrative Procedure Act (APA) § 705.

We are studying the decision and will monitor FinCEN’s response in the next days in order to advise clients on what to do regarding filing before the upcoming December 31st deadline. 

The full text of the decision is available here: Bloomberg Law

If you have any questions, please feel free to contact Emma Rodgers at erodgers@wsh-law.com.

The post Client Alert: Corporate Transparency Act Update appeared first on Weiss Serota Helfman Cole + Bierman.

Reports under the CTA must be submitted by December 31, 2024. For businesses registered on or after January 1, 2024, registration is required within 90 days of filing their initial Articles of Organization or incorporation. Our firm is available to assist clients with this filing.

On March 1, 2024, the U.S. District Court for the Northern District of Alabama deemed the CTA unconstitutional. However, the Financial Crimes Enforcement Network (FinCEN) of the U.S. Department of Treasury maintains that all applicable entities must still file their reports, except for those members of the National Small Business Association, the plaintiff in the case.

If you would like our assistance with your company’s CTA report, we are here to help.

Please note that the CTA report is not an annual filing. You will only need to refile if you sell your company or make significant governance changes, such as appointing a new president or senior officer.

The firm’s legal services will include:

1. Assessing your CTA reporting obligations by reviewing your corporate structure
2. Identifying beneficial owners based on the information you provide
3. Filing your company’s initial Beneficial Ownership Information report with FinCEN

Please be aware that the CTA is a complex law, and non-compliance can lead to significant penalties. We are here to guide you through this process and ensure you remain compliant. To receive an engagement letter, please email Emma Rodgers at ERodgers@wsh-law.com and she can send it to you by email or DocuSign upon request. If you have any questions, feel free to reach out to us by phone at (305) 854-0800 or by email, and we can discuss the process in more detail.

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Howard, Chair of the firm’s Commercial Litigation Practice Group, focuses his practice on complex commercial litigation matters. He has extensive experience in corporate and partnership litigation, business divorce, business torts, trade secret litigation, intellectual property, and commercial real estate recovery disputes.

Anne is a civil litigator, representing both public and private clients in a wide range of cases. Her litigation practice includes federal civil rights matters, personal injury, contract disputes, and real property claims, and she actively practices in both federal and state court.

Ronald Nisonson is a commercial litigator and Florida Supreme Court Certified Circuit Mediator with over two decades of experience. His practice focuses on contracts, corporate and commercial litigation, construction litigation, professional liability, and insurance defense litigation. Ronald has handled complex matters in trial and appellate courts in both the Florida and federal judicial systems.

Lawdragon’s 500 Leading Litigators in America guide showcases top U.S. litigators across various specialties. Compiled through submissions, journalistic research, and peer vetting, it features 2,878 lawyers from about 100 firms. The guide emphasizes diversity, with 33% women and 19% inclusive representation, covering areas like antitrust, intellectual property, and complex civil litigation. 

To view the full guide, click here.

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On August 20, 2024, however, Judge Ada Brown of the U.S. District Court for the Northern District of Texas enjoined the implementation of the Noncompete Ban, meaning that it will no longer take effect on September 4, 2024 (or at any point thereafter, unless there is a successful appeal of Judge Brown’s ruling). In particular, Judge Brown found that the FTC lacked authority to issue substantive rules related to unfair methods of competition, which importantly includes the Noncompete Ban. This ruling returns employers to the status quo, allowing for enforcement of noncompete agreements according to current state-specific frameworks.

Should you have any inquiries or seek clarification on this matter, please do not hesitate to contact us.

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Ed, Co-Chair of the firm’s Real Estate Practice Group, practices in the area of commercial real estate, commercial lending, and transactional matters. Ed regularly represents developers and investors in the purchase, sale, and development of real property. 

Lily focuses her practice on real estate and transactional law, as well as municipal and governmental law. She manages complex transactions, including public and public/private real estate negotiations, acquisitions, and developments. Additionally, she represents private clients in the acquisition, sale, leasing, financing, and development of property, as well as providing guidance on the formation and regulation of condominiums and homeowners’ associations.

The 2024 Lawdragon 500 Leading Global Real Estate Lawyers guide is a respected publication that recognizes lawyers who have shown exceptional skill in real estate-related practices. Their selection process involves rigorous research, including submissions from peers and analysis by Lawdragon’s editorial team. The guide is an essential resource for identifying top legal professionals in the real estate sector, highlighting those who excel in areas such as transactions, development, and finance​.

To view the full guide, click here.

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Of the 47 lawyers recognized, 12 of the firm’s attorneys were recognized for the very first time and 14 attorneys were recognized as Ones to Watch. 

Best Lawyers has employed the same transparent methodology for more than 35 years, based entirely on peer review. 

The following includes all Firm attorneys named and areas in which they are recognized:

Miami

• Mitchell A. Bierman (Administrative / Regulatory Law, Government Contracts, Government Relations Practice)
• Lillian Arango (Real Estate Law)
• Maria Victoria Currais (Real Estate Law)
• Jeffrey Decarlo (Commercial Litigation, Public Finance Law)
• Alan K. Fertel (Sports Law)
• Chad S. Friedman (Land Use and Zoning Law, Real Estate Law)
• Jessika Arce Graham (Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law)
• Edward G. Guedes (Appellate Practice)
• Stephen J. Helfman (Land Use and Zoning Law)
• Juan P. Loumiet (Litigation – Real Estate, Real Estate Law)
• Justin Luger (Commercial Litigation)
• Anthony L. Recio (Land Use and Zoning Law)
• Paul Ryder (Employment Law – Management)
• Clifford A. Schulman (Environmental Law, Land Use and Zoning Law)
• Joseph H. Serota (Commercial Litigation)
• Eduardo M. Soto (Real Estate Law)
• Richard Jay Weiss (Government Relations Practice)
• Laura K. Wendell (Appellate Practice)
• David M. Wolpin (Employment Law – Management, Government Relations Practice)
• Daniela Cimo (Ones to Watch: Land Use and Zoning Law)
• Kelsie Elmer (Ones to Watch: Real Estate Law)
• Roger C. Pou (Ones to Watch: Municipal Law)
• Samantha W. Soto (Ones to Watch: Labor and Employment Law – Management, Litigation – Labor and Employment)
• Alejandro Uribe (Ones to Watch: Land Use and Zoning Law)

Fort Lauderdale

• Daniel L. Abbott (Litigation – Land Use and Zoning)
• Mitchell J. Burnstein (Commercial Litigation, Eminent Domain and Condemnation Law)
• Jamie A. Cole (Commercial Litigation)
• Alicia Gonzalez (Real Estate Law)
• Paul Gougelman (Land Use and Zoning Law)
• Michael J. Kurzman (Construction Law, Litigation – Construction)
• Matthew H. Mandel (Commercial Litigation)
• Eric L. Stettin (Commercial Litigation)
• Susan L. Trevarthen (Land Use and Zoning Law)
• Peter D. Waldman (Eminent Domain and Condemnation Law)
• Isabella Falcon (Ones to Watch: Commercial Litigation)
• Anne Reilly Flanigan (Ones to Watch: Appellate Practice, Civil Rights Law, Commercial Litigation)
• Narinah Jean-Baptiste (Ones to Watch: Municipal Law)
• Bryan C. Siddique (Ones to Watch: Commercial Litigation)
• Alison F. Smith (Ones to Watch: Labor and Employment Law – Management)
• Blayne Yudis (Ones to Watch: Commercial Litigation)

Boca Raton

• Howard D. Dubosar (Commercial Litigation, Litigation – Bankruptcy)
• Andrew S. Maurodis (Land Use and Zoning Law)
• Brett J. Schneider (Employment Law – Management, Labor Law – Union, Litigation – Labor and Employment)
• David N. Tolces (Real Estate Law)
• Ethan Goldstein (Ones to Watch: Commercial Litigation)
• Ryan Hudak (Ones to Watch: Labor and Employment Law – Management)
• Jeremy S. Rosner (Ones to Watch: Commercial Litigation)

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