News & Analysis as of

Constitutional Challenges Department of Justice (DOJ) Petition for Writ of Certiorari

Holland & Knight LLP

CTA: Government's Emergency Application to Supreme Court to Impose Stay – What's Next?

Holland & Knight LLP on

As reported by Holland & Knight on Dec. 27, 2024, companies and individuals impacted by the Corporate Transparency Act (the CTA) reasonably could have believed there was a respite from the "off again, on again, off again"...more

Rivkin Radler LLP

The Status of the Corporate Transparency Act – It’s Not Clear

Rivkin Radler LLP on

Few would argue that the federal government does not have a legitimate interest in preventing, detecting, and punishing tax fraud, money laundering, and other financial crimes. Likewise, I imagine few would disagree with the...more

Groom Law Group, Chartered

Texas, et. al., v. U.S. – The Fifth Circuit Rules

As you may recall, in late September, we expected a decision from the Fifth Circuit in Texas v. United States—the case challenging the constitutionality of the Patient Protection and Affordable Care Act (ACA)—in the fall of...more

Ballard Spahr LLP

New plot twist: CFPB agrees its structure is unconstitutional

Ballard Spahr LLP on

The long-running saga that is the litigation over whether the CFPB’s single-director-removable-only-for-cause structure is constitutional took a new twist on Tuesday with the CFPB’s announcement that it has determined that...more

Ballard Spahr LLP

State National Bank of Big Spring replies to DOJ’s opposition to petition for certiorari; SCOTUS to consider petition at Jan. 11...

Ballard Spahr LLP on

State National Bank of Big Spring (SNB) and the other petitioners for certiorari have filed a reply to the brief filed by the Department of Justice in which, despite agreeing with the petitioners that the CFPB’s structure is...more

Ballard Spahr LLP

DOJ agrees CFPB is unconstitutional but opposes grant of certiorari in State National Bank of Big Spring case

Ballard Spahr LLP on

Despite agreeing on the merits with State National Bank of Big Spring (SNB) and the other petitioners for certiorari that the CFPB’s structure is unconstitutional, the Department of Justice has filed a brief in which it...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFTC and DOJ File a Flurry of Spoofing Actions

On January 29, 2018, the Commodity Futures Trading Commission (CFTC) announced the filing of eight anti-spoofing enforcement actions: three settlements with financial institutions and five complaints filed in federal district...more

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