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
Affirmative Defenses in Battery Cases
Although the serious violent crime rate dipped in 2023, the overall violent crime rate inched up. Officials are determined to reverse this trend, so they aggressively enforce criminal battery laws. This approach starts with aggressive police enforcement. Police officers no longer respond to disturbance calls, allow the combatants to cool off, and release them…. Read More »
What Happens if You Run a Red Light with a Camera in Virginia?
Even as the state’s population expands, in many jurisdictions, law enforcement staff levels are at all-time lows. In fact, many jurisdictions barely have enough officers to respond to emergency situations. As a result, traffic enforcement has fallen off to practically nothing in many places. But when the cat’s away, the mice will play. Lack… Read More »
Non-Criminal Proceedings in Criminal Cases
We admit the title is confusing. But this post covers an important area of law. Criminal arrests often spawn civil proceedings. These civil proceedings often have direct and collateral consequences which are just as bad as a criminal conviction. Significantly, many Constitutional rights don’t apply in civil proceedings, so these matters are difficult to… Read More »
What Does DUI with Priors Mean?
A prior conviction is the most common DUI enhancement in Loudoun County. Other enhancements include DUI with a suspended license and DUI with an open container of alcohol. DWLS (driving while license suspended) is actually a separate offense that’s almost as serious as DUI. Many Virginians have suspended licenses and don’t know it, because… Read More »
Lawmakers Approve Harsher Fentanyl Overdose Penalties
Measures expanding the reporting requirement for schools and stiffening criminal penalties passed almost unanimously after they were introduced in January 2025. Del. Josh Thomas’ (D-Prince William) House bill, which passed 98 to one, would make the penalty in any such death manslaughter whether it involved a minor or adult, so only criminal negligence would… Read More »
DUI Arrests and Drivers’ License Suspension in Loudoun County
Virginia, like most other jurisdictions, is an implied consent state. When drivers sign their licenses, they agree to provide chemical samples to law enforcement officers under certain circumstances. Drivers can revoke that consent, but that revocation comes at a cost. In Virginia, that cost is Administrative License Revocation drivers’ license suspension. As outlined below,… Read More »
Drug Possession and the Actual Knowledge Requirement
Many people are at least somewhat familiar with the 2022-24 Brittney Griner saga. The former Baylor University basketball standout was arrested in Russia and charged with possession of illegal narcotics (marijuana vape). She claimed she didn’t know the offending vape canisters were in her luggage. Summary justice is the rule in most countries, including… Read More »
What Are the Three Types of Protection?
State lawmakers recently expanded the protective order provisions in state law. At the time of this expansion, many judges issued protective orders in almost all cases, regardless of the amount of evidence the alleged victim presented. Today, judges are stingier. However, they still have the legal authority to issue protective orders almost anytime they… Read More »
Two Men in Jail After Road Rage Shooting
In December 2024, Loudoun County Sheriff’s deputies arrested two undocumented immigrants who allegedly fired a gun at an occupied vehicle. The Loudoun County Sheriff’s Office said two suspects fired a gun at a car in the area of East Maple Avenue and South Lincoln Avenue about 9:30 p.m. The car they shot at was… Read More »
Proof Issues in DUI-Marijuana Cases
Chemical tests are very reliable in DUI-alcohol cases. But a reliable chemical test in DUI-marijuana cases remains elusive. The same researchers who hit a brick wall in 2023 now believe that a reliable marijuana Breathalyzer device may be within reach. However, even if they develop such a test, legal issues, such as what level… Read More »
