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BMD Makes 2023 U.S. News & World Report "Best Law Firms" Edition

Client Alert

Brennan Manna & Diamond (BMD) is pleased to share the news that our firm is recognized among the “Best Law Firms” in the U.S. News & World Report 2023 edition in 14 practice areas.  “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field and review of additional information provided by law firms as part of the formal submission process.    

This year, BMD is recognized in the metropolitan areas of Akron (Akron office), Cleveland (Cleveland office), and Fort Myers (Bonita Springs office) for professional excellence in: 

Metropolitan Tier 1
Akron

  • Health Care Law 
  • Litigation - Trusts & Estates 

Metropolitan Tier 2
Akron

  • Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law 
  • Corporate Law 
  • Litigation - Intellectual Property 
  • Litigation - Labor & Employment 
  • Trusts & Estates Law 

Cleveland 

  • Corporate Law 

Fort Myers (Bonita Springs)

  • Real Estate Law 

Metropolitan Tier 3 
Akron 

  • Closely Held Companies and Family Businesses Law 
  • Tax Law 
  • Trademark Law 

Cleveland 

  • Health Care Law 
  • Litigation - Labor & Employment 

Congratulations to our attorneys who are recognized for their professional excellence. 


Quiet Hours Texts and TCPA Claims: Consent Remains King as Courts Divide on Text Messages

Businesses face increasing TCPA lawsuits over off-hours marketing texts, but recent court decisions highlight strong defenses. Clear consumer consent and updated terms and conditions can defeat many claims, while a growing number of courts are finding that text messages are not “telephone calls” under the statute. Proactive compliance measures, including clickwrap agreements and forum-selection clauses, are critical to reducing risk.

New Ohio Reporting Requirements for Non-Residential Contractors

Ohio’s E-Verify Workforce Integrity Act, effective March 19, 2026, requires all nonresidential construction companies, subcontractors, and labor brokers to use E-Verify to confirm employee work eligibility on projects across the state. The law applies regardless of company size and carries financial penalties and potential restrictions on future state contracts for noncompliance. Some uncertainty remains around requirements for existing employees, making early compliance planning important.

DOT Non-Domiciled CDL Rule

A new rule from the Federal Motor Carrier Safety Administration (FMCSA) will significantly narrow eligibility for non-domiciled Commercial Driver’s Licenses (CDLs) beginning March 16, 2026. The rule limits eligibility to holders of H-2A, H-2B, and E-2 visas and eliminates Employment Authorization Documents (EADs) as qualifying proof of work authorization. As a result, many lawfully present and work-authorized immigrants, including refugees, asylees, DACA recipients, and Temporary Protected Status holders, will no longer be able to obtain or renew a non-domiciled CDL. The change is expected to affect roughly 194,000 drivers nationwide and has prompted multiple legal challenges, including a pending emergency stay request before the United States Court of Appeals for the District of Columbia Circuit.

FinCEN Residential Real Estate Reporting Rule Now in Effect

FinCEN’s new Residential Real Estate Reporting Rule, effective March 1, 2026, requires certain real estate transfers to be reported to combat financial crimes. Transfers of residential property to entities or trusts without financing may require a Real Estate Report.

Department of Education Proposes Redefinition of “Professional Degree,” Excluding Nursing and Limiting Graduate Loan Borrowing

The U.S. Department of Education has issued a Notice of Proposed Rulemaking that would redefine “professional degree” programs under the One Big Beautiful Bill Act. The proposal excludes nursing from the recognized list and would impose new borrowing limits for graduate students while eliminating the Grad PLUS program. Public comments are due by March 2, 2026.