On Thursday, January 23, 2025, in an 8-1 decision, the U.S. Supreme Court stayed one of the two nationwide injunctions of the Corporate Transparency Act (CTA) pending the conclusion of the Fifth Circuit appeal and any...more
On December 26, 2024, the merits panel of the United States Court of Appeals for the Fifth Circuit issued an order vacating the earlier motions panel’s order from December 23, 2024, that had granted a stay of the nationwide...more
On December 23, 2024, the United States Court of Appeals for the Fifth Circuit issued an order granting the Department of Justice’s emergency motion seeking a stay of the nationwide preliminary injunction of the Corporate...more
12/27/2024
/ Appeals ,
Beneficial Owner ,
Business Entities ,
Corporate Transparency Act ,
Filing Deadlines ,
Filing Requirements ,
FinCEN ,
Preliminary Injunctions ,
Reporting Requirements ,
Stays ,
Time Extensions
On December 5, 2024, the Department of Justice (DOJ), filed a Notice of Appeal in response to a U.S. District Court’s recently issued, nationwide preliminary injunction stopping the reporting obligations under the Corporate...more
12/12/2024
/ Appeals ,
Beneficial Owner ,
Corporate Transparency Act ,
Department of Justice (DOJ) ,
Enforcement ,
FinCEN ,
Popular ,
Preliminary Injunctions ,
SCOTUS ,
Texas ,
Unconstitutional Condition
Equality under the law is a cardinal principle of the United States’ constitutional order. This principle extends to laws regulating speech. Specifically, the government does not get to single out a particular viewpoint and...more
On Friday, June 16, 2023, the U.S. Supreme Court ruled in United States, ex rel. Polansky v. Executive Health Resources, Inc., that the federal government has authority to dismiss qui tam (or whistleblower) False Claims Act...more
On April 18, 2023, the U.S. Supreme Court heard oral argument on two high-stakes False Claims Act (“FCA”) cases – SuperValu and Safeway. We recently analyzed the facts, procedural history, and implications of the Court’s...more
The ability to petition one’s leaders is long recognized regardless of the form of government. Ever since the Watergate Scandal, the United States has taken the lead on transparency in governmental acts and the interaction...more
With the ever-increasingly complex regulatory environment in the United States, ensuring corporate compliance is neither inexpensive nor easy. Given these difficulties, when the need to conduct an internal investigation...more
Although not receiving much media attention, in October 2022, the nationwide injunction on Executive Order 14042, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (the “EO”) was lifted. The injunction,...more
SLAPP Suits and Anti-SLAPP Statutes -
Controversial and heated business dealings with or involving public entities are all too familiar: A developer or other business seeks to pursue a project or to obtain public funding...more
Following the U.S. Sixth Circuit Court of Appeals three-judge panel handing down a split decision reinstating the OSHA Emergency Temporary Standard (“ETS”) vaccination mandate, numerous emergency applications were filed with...more
On Friday, December 17, 2021, the Sixth Circuit U.S. Court of Appeals lifted the stay on the Occupational Safety and Health Administration’s vaccine mandate (the “OSHA Rule”). The OSHA Rule requires businesses with 100 or...more
In its recent four-word decision (“The judgment is affirmed.”) Independence Institute v. Federal Election Commission, the U.S. Supreme Court upheld a campaign finance law requirement that donors backing certain campaign ads...more
3/8/2017
/ 501(c)(3) ,
Appeals ,
Campaign Finance Reform ,
Declaratory Judgments ,
Disclosure Requirements ,
Federal Election Commission (FEC) ,
First Amendment ,
Independence Institute v FEC ,
Injunctive Relief ,
Political Advertising ,
Political Speech ,
SCOTUS
Government contractors and other companies subject to internal investigation requirements won some relief from the United States Court of Appeals for the D.C. Circuit on June 26 with a decision that firmly reiterated that...more
7/1/2014
/ Appeals ,
Attorney-Client Privilege ,
Compliance ,
Confidential Communications ,
Contractors ,
Employer Liability Issues ,
False Claims Act (FCA) ,
Federal Contractors ,
Internal Investigations ,
KBR (formerly Kellogg Brown & Root) ,
Upjohn Warnings ,
Work-Product Doctrine