On Dec. 23, 2024, the Fifth Circuit Court of Appeals granted the government’s motion for an immediate stay pending appeal of the preliminary injunction issued on Dec. 3, 2024, by a federal district court in Texas....more
On Dec. 11, 2024, the U.S. government filed a motion requesting an immediate stay of the preliminary nationwide injunction issued last week by a federal district court in Texas that temporarily halted the implementation of...more
12/16/2024
/ Appeals ,
Beneficial Owner ,
Business Entities ,
Constitutional Challenges ,
Corporate Governance ,
Corporate Transparency Act ,
Department of Justice (DOJ) ,
FinCEN ,
Popular ,
Preliminary Injunctions ,
Regulatory Requirements ,
Reporting Requirements ,
Stays
On Monday, the Supreme Court heard oral arguments in a pivotal case that examines the Food and Drug Administration’s (FDA) authority to regulate flavored e-cigarettes. At the heart of the debate are the agency’s denials of...more
On Dec. 3, 2024, a Texas federal district court in Texas Top Cop Shop, Inc., et al. v. Garland, et al. (E.D. Tex., No. 4:24-cv-00478, 12/3/24) granted the plaintiffs’ motion to preliminarily enjoin the U.S. government from...more
The Trump administration is set to take office on January 20, and it brings what may be an unprecedented opportunity to ease regulatory burdens. While much attention has focused on the new, Department of Government...more
A team of BakerHostetler lawyers, led by Partners Andrew Grossman and Jeff Paravano, represented clients Charles and Kathleen Moore at the Supreme Court, arguing that realization is required for federal taxation of income...more
Note from your Adventures In Law Blog editors: Well, just today the Supreme Court overruled the Chevron case in Loper Bright, which provided deference to agency interpretations of ambiguous law in the statutes they...more
7/1/2024
/ Administrative Procedure Act ,
Auer Deference ,
Chevron Deference ,
Chevron v NRDC ,
Government Agencies ,
Judicial Authority ,
Kisor v Wilkie ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Stare Decisis ,
Statutory Interpretation
The U.S. Supreme Court today upheld the constitutionality of the so-called “mandatory repatriation tax” in a narrow ruling, stating that the MRT taxes realized income — income earned by the offshore corporation — and...more
On Mar. 1, 2024, a federal district judge in Alabama ruled that the CTA is unconstitutional, holding that it exceeds the powers granted to Congress by the U.S. Constitution. The ruling permanently enjoins FinCEN from...more
3/5/2024
/ Beneficial Owner ,
Commerce Clause ,
Constitutional Challenges ,
Corporate Transparency Act ,
Fifth Amendment ,
FinCEN ,
First Amendment ,
Foreign Policy ,
Fourth Amendment ,
National Security ,
Securities and Exchange Commission (SEC) ,
Small Business ,
Taxing Power
The U.S. Supreme Court’s decision in West Virginia v. EPA has received much press as a decision that limits regulations designed to address climate change. But in reality, it was not so much an environmental law case...more
On June 29, the Supreme Court issued its decision in Seila Law v. Consumer Protection Financial Bureau (CFPB), holding that a removal restriction limiting the president’s ability to fire and thereby control the director of...more