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Read Business Law Update to stay up to date on legal issues that impact public and private companies on a local, national and global basis. Articles in this issue include:

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In this edition of our newsletter, Frank Chaiken, practice group leader of the Corporate Transactions &amp; Securities practice, reflects on the effects of higher interest rates on corporate transactional and financing strategies. <a href="https://www.thompsonhine.com/insights/business-perspectives-higher-for-longer/" target="_blank" rel="noreferrer noopener">Continue reading.</a>

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CTA Requirements and Deadlines Remain Despite Recent Constitutional Challenge

Despite a recent decision out of the Northern District of Alabama holding that the Corporate Transparency Act is unconstitutional, we anticipate that litigation will continue and that this ruling does not represent the end of the CTA. <a href="https://www.thompsonhine.com/insights/cta-requirements-and-deadlines-remain-despite-recent-constitutional-challenge/" target="_blank" rel="noreferrer noopener">Read more.</a>

CTA, ERA, SEC – Oh My! Balancing Disconnected Regulatory Schemas in Venture Capital

Venture capital fund advisers (and their funds) that are registered with the SEC are exempt from CTA reporting. However, recent SEC communications indicate that funds with less than $25 million in assets under management cannot register as exempt reporting advisers (ERA), leaving a situation in which the small and emerging funds that can least afford the additional costs of CTA reporting may be the only venture capital funds required to do so, while the large funds have no such burden. <a href="https://www.thompsonhine.com/insights/cta-era-sec-oh-my-balancing-disconnected-regulatory-schemas-in-venture-capital/" target="_blank" rel="noreferrer noopener">Continue reading.</a>

In this article we highlight a few issues for ESOP-owned corporations to consider regarding CTA compliance, including how the ESOP holding company structure could make an ESOP-owned corporation ineligible for the CTA’s large operating company exemption and who should be part of an ESOP-owned corporation’s “beneficial owner” analysis. <a href="https://www.thompsonhine.com/insights/corporate-transparency-act-compliance-for-employee-stock-ownership-plans/" target="_blank" rel="noreferrer noopener">Read more.</a>

Entering the World of Business Certification

Obtaining business certification can be a vital part of a company’s success in competing for government contracts set aside for small businesses and businesses owned by people from historically underrepresented groups. In this article we provide an overview of various federal, state/municipal and private sector certification programs and their eligibility requirements. <a href="https://www.thompsonhine.com/insights/entering-the-world-of-business-certification/" target="_blank" rel="noreferrer noopener">Continue reading.</a>

Trouble in the Huddle – Uncertainty and Opportunity with the NCAA’s NIL Rules

With its decision in NCAA v. Alston, the Supreme Court kicked off a new era of uncertainty regarding collegiate athlete compensation in connection with an athlete’s name, image and likeness (NIL). We provide an update on recent legislative and litigation developments in this evolving NIL contest. <a href="https://www.thompsonhine.com/insights/trouble-in-the-huddle-uncertainty-and-opportunity-with-the-ncaas-nil-rules/" target="_blank" rel="noreferrer noopener">Read more.</a>

Cutting No “Slack”: Ephemeral Messaging Creates Significant Enforcement Risk

While regulators and courts crack down on companies whose employees use ephemeral messaging apps to conduct business activities, we offer some strategies to help organizations mitigate the risks of ephemeral messaging. <a href="https://www.thompsonhine.com/insights/cutting-no-slack-ephemeral-messaging-creates-significant-enforcement-risk/" target="_blank" rel="noreferrer noopener">Continue reading.</a>

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This client update may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgement of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

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Business Law Update – March 2024