In this installment of the More with McGlinchey Podcast, Members Susan Desmond and Marcelle Mouledoux discuss the Safer Seas Act requirements for the maritime industry and review the legal obligations that Merchant Marines have regarding sexual harassment claims.

Join Chase Stoecker and Courtney Joiner, Members of McGlinchey's Labor and Employment Practice Group, as they discuss how a new administration could impact overtime laws and diversity, equity, and inclusion (DEI) initiatives. They explore changes to Fair Labor Standards Act (FLSA) salary thresholds, legal challenges to DEI programs, and strategies for employers to adapt to potential regulatory shifts.

This is the second episode in More with McGlinchey's two-part series on the ins and outs of retail space in the cannabis industry.

Obtaining retail space for any small business is a big move. There are many issues to consider, and working with a knowledgeable real estate lawyer helps to avoid surprises down the road. This episode discusses licenses for retail space for cannabis businesses from the landlord and tenant perspective. Hosts also review issues unique to the cannabis business when renting retail space. 

McGlinchey attorneys Douglas Charnas, Perry Salzhauer, and David Waxman address these questions and more during the latest episode of More with McGlinchey. 

Coming out of COVID, law firms are redefining themselves and adapting new operating models. At McGlinchey, we fine-tuned our operations under an initiative called #McGlincheyForward. In this episode, Mag Bickford, Managing Member of the New Orleans Office, and Zelma Murray Frederick, Managing Member of the Baton Rouge Office, discuss successes, challenges, and plans for continued growth in McGlinchey's Louisiana offices.

The next installment in McGlinchey’s Deep Dive into Bank Partnerships Series features a podcast on lending, presented by attorneys Joe Apatov, Aaron Kouhoupt, and Robert Savoie. Their discussion centers on the evolving landscape of bank partnership programs, focusing on litigation and legislative trends. Key topics include state regulations, compliance management, the Depository Institutions Deregulation and Monetary Control Act (DIDMCA), and True Lender concerns.

Obtaining retail space for any small business is a big move. There are many issues to consider, and working with a knowledgeable real estate lawyer helps to avoid surprises down the road. This is especially true for a cannabis business for two principal reasons. First, cannabis businesses are highly regulated at the state and local level. Second, cannabis generally remains illegal at the federal level. A standard retail space lease is just not going to suffice. So, the question is, what does a cannabis business need to do and watch for when obtaining a retail space?

McGlinchey attorneys Douglas Charnas, Perry Salzhauer, and David Waxman address this question and more during the latest episode of More with McGlinchey. 

After joining McGlinchey in 2016, Mag Bickford has risen to firm leadership, serving on the executive Policy Committee, leading the Labor and Employment practice group, and managing the firm's largest office in New Orleans. In this episode, she speaks with Director of Talent Acquisition Margeaux Roush about the avenues and opportunities for leadership that she has found, priorities for her growing practice and office, as well as the people and culture that make McGlinchey unique.

Ohio legalized adult-use cannabis on November 7th, 2023, but the future of the market is uncertain, and things are changing quickly. In this episode, Daniel Shortt and David Waxman discuss why we should expect the unexpected on the road to legalization of adult-use marijuana in Ohio.

The Pregnant Workers Fairness Act took effect on June 27, 2023. What are employers' obligations under this new federal law? In this episode, Labor and Employment attorneys Courtney Joiner and Melissa Losch answer basic questions that may arise as employers learn how to navigate this new law and explain the EEOC’s proposed regulations.

In late August, the U.S. Department of Health and Human Services announced that it would recommend moving marijuana from Schedule I to Schedule III of the Controlled Substances Act. In this episode, corporate cannabis attorney Daniel Shortt moderates a discussion with tax attorney Douglas Charnas and financial services regulatory attorney Aaron Kouhoupt about what impacts rescheduling could have – or not – on state legal, medical, and adult-use marijuana programs, especially when it comes to taxes and banking.

In the second episode of our two-part series, “Agency Rulemaking,” McGlinchey attorneys Michael Blumenthal, Douglas Charnas, and David Waxman will delve into the Paperwork Reduction Act (PRA), Regulatory Flexibility Act (RFA), the Office of Information and Regulatory Affairs (OIRA), and the importance of participating in the rulemaking process. They will review rulemaking comment options for businesses, including when and what type of comments should be made.

 The next item in McGlinchey's Deep Dive into Payments Series is a podcast on money transmission by attorneys Jeff Barringer, Amy Greenwood-Field, and Aaron Kouhoupt. Their discussion centers around the impacts of money transmission laws on those in the payments space who find themselves in the flow of funds or providing any payment services to third parties. They delve into the Model Money Transmission Modernization Act, FinCEN regulation exemptions, and options for startup businesses.

In this installment of the More with McGlinchey #WhyMcGlinchey podcast series, Member Chris Bottcher talks with Director of Talent Acquisition Margeaux Roush about why he has chosen to grow his career here at McGlinchey. They discuss Chris's journey opening the Birmingham office and serving as its Office Managing Member.

In the first episode of our two-part series, “Demystifying Agency Rulemaking,” McGlinchey attorneys Michael Blumenthal, Douglas Charnas, and David Waxman will delve into the history and evolution of the Administrative Procedures Act (APA) and its enforcement, including a review of cases involving the major question doctrine and the Chevron doctrine.

Summertime means clerkships in law firms. In this episode, a number of McGlinchey associates who participated in our clerkship program offer sage advice for law students considering or participating in summer associate programs. Chair of our Summer Associate Committee Zelma Murray Frederick leads a discussion with these associates to help law students find their way, minimize anxiety, and realize a useful and productive summer experience.

In today’s digital economy, exactly how are musicians, songwriters, and other music industry players paid? And what impact will emerging technologies have on those payment streams? In this episode, Hillel Frankel hosts a panel discussion about the current status of music licensing with guests Chris Allen from Stem Distribution and Nathan Osher of the Mechanical Licensing Collective. 

In the final episode of our three-part series, "Exploring Issues in Cannabis and Bankruptcy," McGlinchey's Cannabis Group Co-Chair, Heidi Urness, along with colleagues Timothy Byrd and Rudy Cerone, will delve into the implications of the recent decisions in Blumsack and Hacienda for creditors in the cannabis industry. Additionally, they will examine the rights available to lenders and marijuana financiers within the context of bankruptcy.

In the second installment in a three-part series exploring issues in cannabis and bankruptcy, McGlinchey attorneys Heidi Urness, Timothy Byrd, and Rudy Cerone dive into the bankruptcy protections available to businesses, including a case in which the Bankruptcy Court rejected a categorical prohibition for all debtors with any connection to marijuana.

Starting a cannabis business is often discussed, but maintaining a business, particularly during a downturn in the industry, is a completely different ballgame. Pockets of the cannabis industry are experiencing financial distress, and this is generating fear and concern for marijuana licensees as well as their financiers and creditors.
 
In this first installment of our three-part series exploring issues involving cannabis and bankruptcy, we’ll give an overview of the various forms of Bankruptcy (Chapters 7, 11, and 13) and insolvency options available and explore one recent case where a cannabis employee was denied bankruptcy protection.

In the age of big data, it’s more important than ever to understand your obligations relating to your customers’ private information. Information can be utilized by bad actors in a variety of ways that can be harmful to both you and your consumers.

In this episode of the More with McGlinchey podcast, attorneys Aaron Kouhoupt and David Thompson discuss the privacy framework, including information security, proper use of data, and reporting consumer information to government agencies. 

The process of joining a new firm as a lateral can take many different forms, and in some environments, can preclude an attorney from a leadership track. In some firms, leadership is based on longevity and seniority; in others, the size of an attorney’s book of business determines their candidacy for leadership. In this episode, Director of Talent Acquisition Margeaux Roush speaks with Nashville attorney Shaun Ramey, who joined the firm and transitioned into office leadership and membership of McGlinchey’s executive Policy Committee within five years.

The regulatory framework for cryptocurrency and DeFi in general is still a little murky. That hasn’t stopped regulatory bodies from bringing enforcement actions against players in this space. What’s on the horizon when it comes to investigation and enforcement activity in the decentralized finance space?

In this episode of the More with McGlinchey podcast, attorneys Aaron Kouhoupt and Bob Driscoll discuss the regulatory philosophy playing out in Washington, federal agencies’ various perspectives on and interest in cryptocurrency, risk assessment, and legitimate business uses for decentralized finance. Tune in for more on how the regulatory framework is shaping up.  

The modern law firm counts four generations of workers in its ranks. From the language of pleadings and law libraries to communication styles and work/life balance, what makes these employees different – and how are they more similar than their labels may lead you to believe? In this episode of the More with McGlinchey podcast, attorneys who began practicing during four distinct eras share their thoughts on the modern practice of law.

The next installment in McGlinchey’s Deep Dive into Bank Partnerships Series features an overview of depository services, featuring insights from our attorneys Rachael Aspery, Brian Fink, and Aaron Kouhoupt. They explore key topics, such as the structure of typical lending bank partner programs versus depository programs, the advantages and disadvantages of each, and contractual and regulatory expectations for third-party management, service providers, and customer management systems.

How are these developments with cryptocurrencies and decentralized finance going to impact areas that range from insurance to employment to litigation?

In this episode of the More with McGlinchey podcast, attorneys Aaron Kouhoupt, Lauren Ybarra, Chase Stoecker, and Gregg Stevens discuss DeFi through the lens of insurance, employment, and litigation. What does DeFi insurance look like? Can employees be paid in crypto? What are some best practices for successful DeFi litigation? Tune in for a discussion on these topics and more. 

Cryptocurrency has gained in popularity. Many finance companies have begun offering digital loyalty points and rewards. This sounds appealing until it’s time to figure out how and when digital currency may be taxed.

In this episode of the More with McGlinchey podcast, attorneys Douglas Charnas and Aaron Kouhoupt discuss the tax implications of receiving cryptocurrency, using it as a form of payment, and associated captain gains and capital losses. 

Big changes are coming to the UCC, the Uniform Commercial Code, with regard to cryptocurrency and other digital assets. What will that mean to business transactions involving those digital assets going forward?

In this episode of the More with McGlinchey podcast, attorneys Arthur Rotatori and Marshall Grodner discuss the proposed amendments to the Uniform Commercial Code, which include revisions to Article 9 and Article 12 and the definition of a Controllable Electronic Record, or CER, as well as the anticipated timeframe for adoption. This is the next installment in our DeFi Deep Dive Series. Check out episode 44: A Deep Dive into DeFi (Decentralized Finance) for an introduction and part one of the series. 

The law clerk experience is different at every law firm. Each one has its own personality and chooses to coordinate its program in a different way. Here at McGlinchey, we're extraordinarily proud of our law clerk program, and we're so excited to talk to them today about their experience this summer.

In this episode of the More with McGlinchey podcast, attorney Andrew Albritton discusses the firm's clerkship program with five of our 2022 Summer Associates, Gabriel Guajardo, Ian Joseph, Alexis Minor, Jennifer Nguyen, and Thomas Taylor.

The world of decentralized finance, blockchains, virtual and cryptocurrency has grown exponentially in recent years. Many financial institutions are looking to enter or expand their operations in the digital economy, but the regulatory environment gives many pause.

Over the coming months, McGlinchey attorneys from various practice groups will dive into the world of DeFi and explore it from every angle. In this episode of "More with McGlinchey," Aaron Kouhoupt and Robert Savoie discuss this fascinating and vibrant subject matter while giving a breakdown of content coming - from articles, podcasts, and webinars on hot topics to a client-only, live Q&A session, drilled down right to the good stuff – what is DeFi and how does it impact traditional finance?

Every law firm tailors their summer experience differently in hopes of attracting and recruiting the next great crop of Associates. What is the summer clerk experience like here at McGlinchey?

In this episode of the More with McGlinchey podcast, attorney Taylor Bennington and Director of Talent Acquisition Margeaux Roush discuss the firm's clerkship program with five of our 2022 Summer Associates, Georgia Bauer, Jessica Bozell, Keke Heneghan, Julia Berry Lopez, and KayLeigh Nader.

Juneteenth is the oldest commemoration of the ending of slavery in the United States. In the latest episode of More with McGlinchey, we present a recording of an internal panel discussion between members of McGlinchey’s African American Affinity Group on the novel “On Juneteenth” by Pulitzer Prize-winning historian Annette Gordon-Reed. It provides a historian’s view of the country’s long road to Juneteenth, recounting both its origins in Texas and the enormous hardships that African-Americans have endured in the century since, from Reconstruction through Jim Crow and beyond.

Thank you to Camille Bryant (New Orleans), Kerry Cummings (Fort Lauderdale) and Farren Davis (New Orleans) for the insightful discussion!

The Coronavirus’s impact on workplaces has led to what many are calling “The Great Resignation.” It’s impacting every industry nationwide, leaving many employers scrambling to retain and replace employees. In this second installment, we’ll discuss strategies for retention and how law firms can proactively guard against losing their best and most talented people.

Has the Supreme Court’s opinion overturning the Chevron doctrine altered the landscape for the denial of tax deductions for marijuana businesses under Section 280E of the Internal Revenue Code? Here to explore that question are corporate and tax attorney Douglas Charnas and Perry Salzhauer, co-chair of McGlinchey’s Cannabis Industry group.

The NFL designed the Rooney Rule in 2002 to increase the recruitment of ethnic minorities in coaching positions. But recently, former Miami Dolphins head coach, Brian Flores, filed a collective action lawsuit against the NFL and all 32 of its teams alleging racial discrimination in hiring. In this episode, Labor and Employment attorneys Camille Bryant and Andrew Albritton discuss the catch-22 suits like this can represent for employers implementing when diversity, equity, and inclusion initiatives.

Cannabis is illegal under federal law, but legal for certain uses in many states. Might the U. S. Supreme Court resolve this conflict in a Workers’ Comp case? In this episode, McGlinchey attorneys Remington Angelle and Ralph Confreda join Gary Hebert to discuss the legal landscape surrounding marijuana in 2022, and an overview of cases before the Supreme Court that may result in a decision on the issue of preemption.

The Coronavirus’s impact on workplaces has led to what many are calling “The Great Resignation." It’s almost impossible to replace employees who are leaving their jobs, and it’s impacting every industry nationwide.

In this two-part episode of More with McGlinchey, we’ll discuss what risks law firms face when it comes to attrition, and how firms can proactively guard against losing their best and most talented people.

Headlines everywhere from People Magazine to the Wall Street Journal remind us that white collar crime is in the news. Both Ghislaine Maxwell and Elizabeth Holmes have been convicted and await sentencing. How are those federal sentences determined? What factors come into play, and what do the Holmes and Maxwell cases have in common?

In this episode, white collar attorney Jim Sturdivant joins the co-chair of our Investigations team, Dan Plunkett, to discuss the federal sentencing guidelines, statutory maximums, judicial discretion, and more.

The path to partnership looks different for every lawyer. In the first installment of the #WhyMcGlinchey series of the More with McGlinchey podcast, Director of Talent Acquisition Margeaux Roush talks with Baton Rouge litigator Zelma Murray Frederick about how she has chosen to grow her career here at McGlinchey, from a non-traditional start with the firm to nonprofit leadership, work-life balance, becoming a Member, and chairing the firm’s Summer Associate Program.

In our increasingly digital economy, cryptocurrencies and non-fungible tokens, or NFTs, have gained popularity for everything from consumer transactions to securities. In this episode, Baton Rouge attorneys Drew Patty and Marshall Grodner discuss how digital assets are being used and regulated, especially in the commercial context regarding collateral and intellectual property. They touch on how NFTs are being used to monetize IP rights now (and how they may be used in the future), the risks and considerations of using “smart contracts,” particular issues for securing and perfecting tokenized transactions, and the evolution of the Uniform Commercial Code (UCC) and state laws in governing these transactions.

It’s the last quarter of the year, and for some, that means holiday gatherings and New Year's resolutions. However, many managers and supervisors are instead saying "'tis the season for year-end performance reviews." While these annual reviews have their shortcomings companies across the globe, large and small continue to use them. Labor and Employment Members Camille Bryant and Mag Bickford discuss how bias negatively impacts performance reviews, and steps employers can take to mitigate risks.

Unless you are an exempt entity, the new Corporate Transparency Act (CTA) will require you to disclose the beneficial owners of your company to the United States government. Businesses will not be required to do so, however, until the U.S. Department of Treasury issues regulations. What is required, who is exempt, and what will compliance look like for companies and the attorneys and accountants who form them? 

The Bank Secrecy Act (BSA) and parts of the U.S. Patriot Act’s Office of Foreign Asset Control (OFAC) requirements have seemingly similar goals: to prevent money laundering and the funding of terrorist activities. Yet a lively debate surrounds which entities are covered by these acts, what the acts stipulate, and what entities must do to comply with them.

In this episode, Consumer Financial Services Regulatory Compliance attorneys Sarah Edwards (New Orleans), Chris Couch (Birmingham), and Jeff Barringer (Albany) discuss the manner in which these requirements vary based on the type of financial institution, whom they serve, and what they do.  

In this latest installment of McGlinchey’s Deep Dive into Bank Partnerships Series, attorneys Amy Greenwood-Field, Aaron Kouhoupt, and David Tallman explore the complexities of payment programs involving partnerships between non-depository institutions and other entities. The discussion delves into how these partnerships function, the legal and regulatory considerations—particularly around Model Law, Regulation E, and money transmission licensing—and the hidden traps to avoid.

The summer associate experience is one that law students look forward to, and many build careers upon. In the current environment of flexibility and inclusivity, how has the summer associate experience changed?

In this episode of More with McGlinchey, attorneys Zelma Frederick and Amanda Stout discuss the firm’s clerkship program and its goals, along with four of our 2021 Summer Associates, Taylor Bennington, Sara Grasch, Gillian Miculek, and Erica Powell. The clerks discuss their goals for the summer associate experience, what they’ve enjoyed about working at McGlinchey, and their advice for current and future law students.

It's been proven that equity in the workplace is an asset for both businesses and their employees because it encourages innovation, creativity, and empathy. Yet the journey through diversity efforts towards equity and inclusion is ever-evolving, especially in the legal industry.

In this episode, attorneys Farren Davis (New Orleans) and Dhruv Sharma (Irvine) of McGlinchey’s Diversity Committee join Labor and Employment attorney and Diversity Committee member Camille Bryant (New Orleans) to discuss what authenticity, codeswitching, and generational differences mean to law firms seeking to build equitable workplaces.

COVID-19’s economic impact on borrowers’ ability to repay loans has had major repercussions for auto lenders, and the U.S. Supreme Court recently issued a decision relating to repossessions in bankruptcy. In this episode, McGlinchey attorneys Rudy Cerone (New Orleans) and Colin Quillinan (Albany) discuss the forecast for auto repossessions as COVID borrower relief programs wind down, and the impacts of the recent Fulton decision.

As cryptocurrency becomes more widely accepted as a payment method, it leaves many people wondering whether it will remain a volatile investment or become as common as a debit card. In our second cryptocurrency podcast, McGlinchey attorneys Dan Plunkett (New Orleans) and Chris Bottcher (Birmingham) ask the question: is cryptocurrency Wall Street or Main Street?