News & Analysis as of

Commerce Clause

Proskauer - Law and the Workplace

Third Circuit Upholds New Jersey’s Temporary Workers’ Bill of Rights

On July 24, 2024, the Third Circuit Court of Appeals affirmed the denial of a preliminary injunction seeking to bar enforcement of New Jersey’s Temporary Workers’ Bill of Rights Law (the “Law”). The Circuit Court found that...more

Alston & Bird

California’s Advanced Clean Fleets Regulation Under Attack

Alston & Bird on

California’s ambitious zero-emission, heavy-duty truck regulations face new legal challenges. Our Environment, Land Use & Natural Resources Group outlines the status of California’s Advanced Clean Fleet (ACF) Regulation,...more

Husch Blackwell LLP

Cannabis Litigation Update: Canna Provisions Case

Husch Blackwell LLP on

While the cannabis industry is closely following the recently published notice of proposed rulemaking from the Department of Justice (“DOJ”) and the Drug Enforcement Administration (“DEA”), which will move cannabis from a...more

Husch Blackwell LLP

Eleventh Circuit to Review Constitutionality of Corporate Transparency Act

Husch Blackwell LLP on

The Corporate Transparency Act (CTA), a pivotal piece of legislation aimed at preventing financial crimes, is under constitutional scrutiny. We previously reported that on March 1, 2024, the U.S. District Court for the...more

Allen Matkins

California Environmental Law & Policy Update 5.17.24

Allen Matkins on

A coalition of 17 states led by Nebraska is suing California for creating ZEV standards for trucking fleets, saying the state’s rule violates the Constitution’s Commerce Clause. California’s Advanced Clean Fleets regulation,...more

Cozen O'Connor

Republican AGs Seek to Unplug DOE’s Appliance Efficiency Rules

Cozen O'Connor on

A group of 18 Republican AGs sent a letter to the Department of Energy (DOE) voicing their concern over the Department’s Energy Conservation Program: Energy Conservation Standards for Refrigerators, Refrigerator-Freezers, and...more

Epstein Becker & Green

Breaking Down the Legal Challenges Surrounding State Licensure Restrictions for Telehealth Providers

Epstein Becker & Green on

Late last year, the case Shannon MacDonald, MD, et al v. Otto Sabando was filed in the U.S. District Court for the District of New Jersey. The plaintiffs claimed that New Jersey’s licensure restrictions on the use of...more

Smith Anderson

The Corporate Transparency Act - Case Law Update and Determining Beneficial Owners

Smith Anderson on

As discussed in our prior two alerts (found here), effective as of Jan. 1, 2024, the Corporate Transparency Act and rules issued thereunder by the Financial Crimes Enforcement Network (“FinCEN”) (collectively, the “CTA”)...more

Bilzin Sumberg

The Corporate Transparency Act (CTA) Is Unconstitutional—But Only for Some Companies

Bilzin Sumberg on

On Friday, March 1, 2024, a federal judge in Alabama ruled that the Corporate Transparency Act is unconstitutional. See NSBU v. Yellen, No. 5:22-cv-1448, 2024 BL 69366, 2024 Us Dist Lexis 36205 (N.D. Ala. Mar. 01, 2024). Here...more

Perkins Coie

Federal District Court Finds Corporate Transparency Act Unconstitutional: What Now?

Perkins Coie on

The CTA and Legal Challenges - The CTA is a sweeping new anti-money-laundering law that, as of January 1, 2024, requires most entities formed or registered to do business in the United States to disclose detailed...more

Whitman Legal Solutions, LLC

Court Decision Doesn’t Affect Corporate Transparency Act Requirements for Most Companies and Real Estate Investors

On March 1, 2024 a United States District Court in Alabama held in National Small Business United dba National Small Business Association v. Yellen (NSBA Case) that the Corporate Transparency Act (CTA) is unconstitutional. ...more

Cadwalader, Wickersham & Taft LLP

Court Finds Corporate Transparency Act Unconstitutional and Unenforceable as to NSBA Members

On March 1, 2024, the U.S. District Court for the Northern District of Alabama ruled that the Corporate Transparency Act (“CTA”) is unconstitutional. The CTA requires many U.S. entities to disclose their individual beneficial...more

Falcon Rappaport & Berkman LLP

Constitutional Clash: U.S. District Court Landmark Decision Declares the Corporate Transparency Act Unconstitutional

In 2021, Congress passed the Corporate Transparency Act (CTA), which will be administered and enforced by the Financial Crimes Enforcement Network (“FinCEN”) of the United States Treasury Department, in an effort to implement...more

Carr Maloney P.C.

U.S. District Court Rules Dormant Commerce Clause Does Not Apply to Maryland’s Social Equity Cannabis License Program

Carr Maloney P.C. on

Under the Maryland Cannabis Reform Act, resident social equity licensees may receive financial assistance with startup capital and operational costs for growers, processors, and retailers. Maryland began accepting social...more

UB Greensfelder LLP

Corporate Transparency Act Update

UB Greensfelder LLP on

On March 1, 2024, the U.S. District Court for the Northern District of Alabama, Northeastern Division published an opinion finding that the Corporate Transparency Act (the “CTA”) is unconstitutional as exceeding the U.S....more

Venable LLP

Alabama Federal District Court Declares CTA Unconstitutional: Here's What You Need to Know

Venable LLP on

The Corporate Transparency Act (CTA), which became effective on January 1, 2024, was enacted to combat the use of shell companies by those seeking to evade anti-money laundering laws and economic sanctions. ...more

Mayer Brown

Federal Court Declares the Corporate Transparency Act Unconstitutional

Mayer Brown on

On March 1, 2024, the US District Court for the Northern District of Alabama declared the Corporate Transparency Act (“CTA”) unconstitutional, and suspended its enforcement against the plaintiffs in that case. While most...more

Verrill

Constitutional Challenge to the CTA

Verrill on

Recent Development - On March 1, 2024, a federal court in Alabama ruled that the Corporate Transparency Act violates the U.S. Constitution and is unenforceable on its face. The decision (NSBU v. Yellen) is highly...more

Benesch

Those Subject to the Corporate Transparency Act Should Continue to Comply with its Requirements

Benesch on

Don’t panic! It is business as usual for those subject to the Corporate Transparency Act (the “CTA”). On March 1, 2024, Judge Liles C. Burke of the District Court for the Northern District of Alabama held the CTA...more

Holland & Knight LLP

Federal District Court Finds Corporate Transparency Act Unconstitutional

Holland & Knight LLP on

The National Small Business Association (NSBA) and a small business owner (also a member of the NSBA) filed a lawsuit on Nov. 15, 2022, in the U.S. District Court for the Northern District of Alabama challenging the...more

Miller Canfield

Cracks in the Corporate Transparency Act?

Miller Canfield on

On March 1, 2024, an Alabama federal court declared the Corporate Transparency Act (CTA) unconstitutional—but only enjoined its enforcement as to the specific litigants. As described in our prior alerts, the CTA...more

ArentFox Schiff

Corporate Transparency Act Is Unconstitutional, Says Federal Court

ArentFox Schiff on

A federal court recently ruled that the Corporate Transparency Act (CTA) is unconstitutional. In a lengthy opinion issued on March 1, the US District Court for the Northern District of Alabama explained that the CTA may be a...more

Saul Ewing LLP

Corporate Transparency Act (CTA) Update: Federal Judge Rules CTA Unconstitutional

Saul Ewing LLP on

The decision of the Federal District Court for the Northern District of Alabama in the case of National Small Business United v. Yellen, announced on Friday, March 1, 2024, has created uncertainty for both reporting companies...more

BakerHostetler

Corporate Transparency Act Declared Unconstitutional: How Does This Impact Your Company?

BakerHostetler on

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

Amundsen Davis LLC

U.S. District Court Rules the Corporate Transparency Act Unconstitutional: What is the Impact for Businesses?

Amundsen Davis LLC on

On March 1, 2024 in the case of National Small Business United v. Yellen 5:22-cv-01448-LCB the U.S. District Court for the Northern District of Alabama declared the Corporate Transparency Act (“CTA”) unconstitutional stating...more

424 Results
 / 
View per page
Page: of 17

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide