Featured Posts
CTA Reporting Deadlines Paused Again Following Fifth Circuit Reversal
On December 26, 2024, the Fifth Circuit Court of Appeals reversed its December 23, 2024, decision and reinstated a temporary nationwide injunction halting enforcement of the Corporate Transparency Act (CTA). This decision follows a legal battle surrounding the CTA’s beneficial ownership information (BOI) reporting requirements, leaving business owners in a state of uncertainty. Background:… Read More »
**UPDATE** Increased Salary Threshold for Exempt Employees Blocked by Texas Court
By Robert Showers Esq. and Justin R. Coleman, Esq. On November 15, 2024, the United States District Court for the Eastern District of Texas overturned the US Department of Labor’s (DOL) rule to increase the salary threshold for exempt employees. As identified in our original article (https://www.simmsshowerslaw.com/salary-threshold-for-exempt-employees-to-increase/), the DOL increased the minimum annual salary… Read More »
Companies Now Required to Report Beneficial Owner Information to Federal Government
By Kyle D. Winey, Esq. and Melissa L. Ruby, Esq. In 2021, the U.S. Congress enacted the Corporate Transparency Act (“CTA”), a law which authorizes the collection of beneficial ownership information (“BOI”) of domestic and foreign corporations and limited liability companies. This law, purportedly enacted to counter money-laundering schemes and financial terrorism networks, creates… Read More »
Recent Posts
Resolving Enhanced Drug Possession Cases
These cases usually include drug-free zones and drug trafficking matters. Most enhanced possession cases, like most other criminal cases, settle out of court. However, a favorable out-of-court settlement is not a matter of raising a white flag or accepting the first offer. Instead a successful out-of-court settlement, like a successful trial outcome, is a… Read More »
Should I Hire a DUI Lawyer or Go with a Public Defender?
We’ve all seen news magazine profiles that feature overworked public defenders. These tales are somewhat exaggerated, but they’re mostly true. Many public interest lawyers are overworked, mostly for economic reasons (more on that below). But for the most part, public defenders are capable defense lawyers. In fact, in some cases, going with a public… Read More »
Officials Credit Special Enforcement Campaigns for Violent Crime Reduction
Virginia Attorney General Jason Miyares says the violent crime rate in the Commonwealth is down 11 percent since 2023, largely thanks to a pair of special law enforcement campaigns. In a special ceremony, Miyares joined Governor Glenn Youngkin to tout the programs’ accomplishments on the two-year anniversary. Speaking before a crowd of law enforcement,… Read More »
Stale Moving Violations in Loudoun County
Speeding and other traffic infractions often become stale criminal cases in Loudoun County. Frequently, we see people who set up arrangements with the court, didn’t follow up on those arrangements (usually not mailing a certificate of traffic school completion to the court by the deadline), and the court issues a bench warrant. A bench… Read More »
Jail Release in Accidental Weapons Possession Cases
“Accidental” weapons, drugs, and other contraband possession cases are very common. In criminal court, possession has three elements (close proximity, actual knowledge, and exclusive control). But at the arrest phase, possession only has one element (general proximity). If Mary is driving her husband’s car and she doesn’t know about the handgun in the glove… Read More »
Non-DUI Alcohol Infractions in Virginia
Halloween is the first of a series of major fall/winter holidays. It’s also the beginning of drinking season, a time when alcohol consumption vastly increases. Drinking season usually lasts from Halloween until New Year’s Day. Many people drink more than they should to celebrate the holidays. Other people drink excessively to dampen the depressing… Read More »
Nationwide Injunction on the Corporate Transparency Act-UPDATE
By: Jonathan D. Haile The U.S. District Court for the Eastern District of Texas recently issued a preliminary injunction against the Corporate Transparency Act (CTA): This halts the enforcement of the CTA and having to file BOI by end of the year nationwide. Though not a permanent decision at this point, Reporting Companies under… Read More »
Federal Law Drug-Free School Zones in Virginia
Drug-free school zones are much like sex offender registration laws. The drug-free enhancement is designed to deter trafficking and other such activity near schools. But there’s almost no evidence that the deterrent is effective. Nevertheless, in addition to the state law prohibition, some federal prohibitions could apply as well. These prohibitions are significant because… Read More »
Five Kinds of Reckless Driving in Virginia
Since 2014, the number of fatal traffic collisions in Virginia has increased 24 percent. To reverse this trend, many local law enforcement agencies actively target reckless drivers. A reckless driving citation is much worse than a traffic ticket. Reckless driving is a misdemeanor that carries the possibility of jail time. Additionally, reckless driving citations… Read More »
NY Authorities Arrest Wanted VA Man
In October 2024, Ithaca Police Department officers arrested a 32-year-old Virginia man in connection with a probation violation warrant. According to the Ithaca Police Department, after they received an anonymous tip, officers found the defendant at an apartment complex on the 100 block of East Green Street. Police say he was wanted by the… Read More »
