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Constitutional Challenges Enforcement

McNees Wallace & Nurick LLC

Closing Call for the Corporate Transparency Act: FinCEN Removes Reporting Requirements for Domestic Business Entities

After almost fifteen months of legal challenges, conflicting court rulings, changing guidance from the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN), and a general air of uncertainty, it appears...more

Holtzman Vogel Baran Torchinsky & Josefiak

President Trump Issues Executive Order on Election Integrity

On March 25, 2025, President Trump issued an Executive Order titled “PRESERVING AND PROTECTING THE INTEGRITY OF AMERICAN ELECTIONS.” This far-reaching Executive Order requires federal and state authorities to implement...more

Davis Wright Tremaine LLP

New Administration Outlook: Key Provisions of Trump DEI Orders Blocked

On Friday, the U.S. District Court for the District of Maryland issued a preliminary injunction against several provisions of two executive orders signed by President Trump that sought to dismantle diversity, equity, and...more

ArentFox Schiff

California Law Seeking to Regulate Social Media Use by Minors Raises First Amendment Issues

ArentFox Schiff on

California recently enacted the Protecting Our Kids from Social Media Addiction Act, sparking pushback from online entities who argue the law is an unconstitutional restriction on children’s First Amendment rights and a...more

Kohrman Jackson & Krantz LLP

The Corporate Transparency Act Returns: What You Need to Know

Beneficial ownership information (BOI) reporting requirements under the Corporate Transparency Act (CTA) are once again back in effect. In the latest in a line of dizzying decisions surrounding the CTA, in Smith v. U.S....more

Paul Hastings LLP

New York State Bill Seeks to Impose Greenhouse Gas Emissions Disclosure Requirements

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On January 27, 2025, N.Y Sen. Brad Hoylman-Sigal (D), introduced Senate Bill 3456 (“SB 3456”) calling for the adoption of the Climate Corporate Data Accountability Act (“CCDAA”). The bill is substantively identical to...more

Pillsbury Winthrop Shaw Pittman LLP

Beneficial Ownership Reporting: Litigation, Pending Legislation and Possible Future Executive Action Have Left the Fate of the...

The saga of the CTA continues. Adopted in January 2021, the Corporate Transparency Act (CTA) is intended to assist in identifying beneficial ownership and control of entities operating in the United States in order to...more

Warner Norcross + Judd

CTA Filing Obligations Remain Voluntary Amid Court Challenges

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After a few days on a legal roller coaster, enforcement and reporting obligations under the Corporate Transparency Act (CTA) remain on hold as lawsuits challenging the CTA’s constitutionality continue. On Jan. 23, 2025, the...more

Wiley Rein LLP

CTA Update: Supreme Court Temporarily Lifts Injunction, but Requirements Remain Blocked

Wiley Rein LLP on

On January 23, 2025, the U.S. Supreme Court issued a ruling that appears to settle – for now – a nearly two-month-long legal battle over the Corporate Transparency Act (CTA), which began with a nationwide preliminary...more

Amundsen Davis LLC

U.S. Supreme Court Provisionally Reinstates the Corporate Transparency Act

Amundsen Davis LLC on

The U.S. Supreme Court issued an order on January 23, 2025, which provisionally reinstates the Corporate Transparency Act (CTA) while a legal challenge to it continues. This brief order, which stayed an injunction against the...more

Verrill

Balancing Local Control and State Mandates: The Implications of the MBTA Communities Act Ruling

Verrill on

The state’s highest court has affirmed the Legislature’s power to force towns to adopt denser, transit-friendly zoning. In 2021, the Massachusetts Bay Transportation Authority (MBTA) Communities Act (G. L. c. 40A, § 3A)...more

Vinson & Elkins LLP

FERC Settles Decade-Old Enforcement Allegations

Vinson & Elkins LLP on

In 2016, a new play called Hamilton was dominating Broadway, Pokémon Go was all the rage, and the Summer Olympics were held in Rio. Also that year, the Federal Energy Regulatory Commission (“Commission” or “FERC”) issued an...more

Farella Braun + Martel LLP

What’s Ahead as Corporate Transparency Act Comes to a Crossroads

The recent whiplash regarding the validity of the Corporate Transparency Act (CTA)—it was enjoined just to particular parties, then enjoined nationwide, then un-enjoined, then enjoined again, while other courts let it...more

Pierce Atwood LLP

Breaking: Mass. SJC rules MBTA Communities Act is constitutional but its implementing "guidelines” are invalid

Pierce Atwood LLP on

In its eagerly anticipated decision issued this morning in Attorney General v. Town of Milton, the Supreme Judicial Court (SJC) has ruled that the MBTA Communities Act (the Act), which former Governor Charlie Baker signed...more

Nutter McClennen & Fish LLP

SJC Upholds MBTA Communities Act

On January 8, 2025, the Massachusetts Supreme Judicial Court issued its much-anticipated opinion in Attorney General v. Town of Milton, et al. The SJC upheld the MBTA Communities Act as constitutional and found that the...more

Morrison & Foerster LLP

California Climate Laws, CARB Opens Comment Period Seeking Industry Input by February

Morrison & Foerster LLP on

On December 16, 2024, the California Air Resources Board (CARB) called for public comment on key issues related to the implementation of California’s two major climate disclosure bills, the Climate Corporate Data...more

Farella Braun + Martel LLP

How are we discounting enforcement risk for Corporate Transparency Act violations?

Reasonable constitutional challenges on several grounds are working their way through federal courts and none will likely be settled before the end of 2024. Ambiguities and circular logic make interpretations of beneficial...more

Kohrman Jackson & Krantz LLP

To Notice or Not to Notice: Employers Prepare for FTC Non-Compete Rule as September Effective Date Nears

The effective date of the FTC’s Final Rule prohibiting non-compete agreements quickly approaches, yet there is still no definitive resolution as to whether it is constitutional. Nor has there been any preliminary injunction...more

Bracewell LLP

Supreme Court Declares SEC Lacks In-House Authority to Impose Civil Penalties

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The United States Supreme Court struck another major blow to the Securities Exchange Commission’s enforcement arsenal, finding that its oft-used practice of imposing monetary penalties in its in-house administrative...more

WilmerHale

Texas Claim of Immigration Invasion Buckles Under Constitution

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Is Texas at “war”? And, if so, may Texas take immigration enforcement into its own hands in “self-defense”? These are among the provocative questions raised by United States v. Texas . Texas may not like the answers it’s...more

Dickinson Wright

FinCEN Appeals Order Enjoining Corporate Transparency Act

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By now, you are probably familiar with the Corporate Transparency Act (the CTA). Dickinson Wright has reviewed this topic several times, most comprehensively here. The CTA, which was adopted in 2021 and became effective as of...more

Snell & Wilmer

Frederick Douglass Foundation, Inc., et al. v. District of Columbia: Recent Case Illustrates Importance of Governmental Compliance...

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Pregnant Workers Fairness Act Blocked in Texas

On February 27, 2024, a federal judge for the U.S. District Court for the Northern District of Texas blocked enforcement of the Pregnant Workers Fairness Act (PWFA) against the State of Texas, holding that the U.S. Congress...more

UB Greensfelder LLP

[Webinar] FINRA: A Look Back at 2023 and What’s In Store for 2024 - December 19th, 12:00 pm - 1:00 pm EST

UB Greensfelder LLP on

Join Ulmer partner Alan M. Wolper as he addresses hot topics including FINRA's oversight of Reg BI, trends in enforcement and arbitration filings, and perspective whether FINRA would survive a constitutional challenge....more

Sheppard Mullin Richter & Hampton LLP

Texas Court Enjoins CFPB’s Enforcement of Small Business Lending Rule

On July 31, the U.S. District Court for the Southern District of Texas enjoined the CFPB from implementing and enforcing the small business lending rule (Section 1071) requirements pending the Supreme Court’s decision in...more

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