Scherer Smith & Kenny LLP serves mid-sized and fast-growing entrepreneurial companies. From complex litigation to business, real estate, intellectual property and employment law, our team brings strategic thinking, pragmatism and intense dedication to our clients’ success.
Partner Notes
By Denis Kenny
Hard to believe we are in the middle of spring 2025. This is a time in which I find myself reflecting on the milestones that shape our lives. In my own family, this season is particularly meaningful. My oldest child will be graduating from college in just a couple of weeks. He has already accepted a job starting in October and will be traveling in Europe this summer in between studying for the CPA exam. This is a proud moment that feels like the culmination of years of hard work, perseverance, and growth. At the same time, my youngest has just finished her freshman year of college, embarking on her own journey of discovery and independence including coming back home for a summer internship.
These milestones have brought me a mix of emotions—happiness, nostalgia, and excitement—all rolled into one.
It’s an incredible joy to see your children step into the next chapter of their lives. Watching them grow into capable, thoughtful individuals fills me with pride and gratitude. Yet, as I celebrate their achievements, I can’t help but feel nostalgic for the years when our home was filled with the laughter, chaos, and energy of raising young kids. Those moments—the late-night homework sessions, weekends filled with travel to soccer games and cross country meets, and, of course, sibling squabbles—are memories I will (mostly) cherish.
Adjusting to an empty house has been a new experience for me and my wife. The house is quieter and cleaner now (both extreme understatements!), and while I miss the daily hustle and bustle, I’ve come to appreciate this new chapter as an opportunity for reflection and growth. It’s a reminder that life is about embracing change and finding joy in every stage. Whether it’s celebrating our children’s accomplishments or navigating new dynamics at home, these milestones remind us how precious time is—and how important it is to savor each moment along the way.
As we continue to guide our clients through their own daily challenges—whether personal or professional—I hope we can all take a moment to reflect on how life’s milestones shape who we are and how they inspire us to keep moving forward with purpose and optimism. Wishing you all a great remainder of 2025 and beyond!
2025 Amendments to California’s Automatic Renewal Law: What Your Business Needs to Know
In today’s digital age, recurring or renewing subscription revenue models are commonplace for companies offering subscriptions, memberships, or ongoing services. Consequently, there are an array of consumer protection statutes in the country governing these business’ renewal practices. One of the most comprehensive of those laws is California’s Automatic Renewal Law (ARL), codified in California Business & Professions Code §§ 17600–17606, which originally went into effect in 2022. The ARL applies to companies offering any type of automatic renewal or continuous service to California consumers.
Recently, new amendments to California’s ARL have been adopted that enhance the already existing consumer rights with regard to subscription renewals. The amendments will take effect on July 1, 2025 and will apply to contracts “entered into, amended, or extended” on or after that date, which means it will apply to many existing subscriptions and contracts. If your company offers any type of automatic renewal or continuous service to California consumers, it is crucial to understand your increased obligations resulting from the amendments of California’s ARL.
ALERT: FinCEN Beneficial Ownership Report Filing No Longer Required
We are writing with an important update on the Beneficial Ownership Report requirement established by FinCEN.
On March 21, 2025, FinCEN announced that it will not enforce any beneficial ownership reporting requirements, penalties, or fines against U.S. citizens or domestic reporting companies or their beneficial owners, and is removing the requirement for U.S. companies and U.S. persons to report beneficial ownership information (BOI) to FinCEN under the Corporate Transparency Act. FinCEN will be issuing a final interim rule that revises the definition of “reporting company” to mean only those entities that are formed under the law of a foreign country and that have registered to do business in any U.S. State or Tribal jurisdiction. FinCEN also exempts entities previously known as “domestic reporting companies” from BOI reporting requirements.
California Expands Workplace Restraining Order Protections
Effective January 1, 2025, Senate Bill 428 (signed by Governor Newsom on September 30, 2023, and codified in California Code of Civil Procedure section 527.8) expands employers’ ability to seek a Temporary Restraining Order (TRO) and Workplace Violence Restraining Order (WVRO) against individuals who harass their employees.
Prior to SB 428, employers could seek a TRO and WVRO to protect employees from individuals who committed “unlawful violence” posed a “credible threat of violence.” The law, though, did not provide the employer with the ability to protect its employees from other forms of misconduct that could spill into the workplace like harassment. Further under earlier law, if a coworker, customer or some other third party was harassing an employee in extreme ways, the employer could not take any action until the harasser became or threatened to become violent. See Senate Judiciary Bill Analysis, March 24, 2023.
