News & Analysis as of

Constitutional Challenges Texas

Eversheds Sutherland (US) LLP

FinCEN Southwest border GTO challenged by Texas trade group

On April 1, 2025, the Texas Association for Money Service Businesses filed a lawsuit in San Antonio federal court challenging the recent Geographic Targeting Order (GTO) applicable to money services businesses (MSBs) located...more

Schwabe, Williamson & Wyatt PC

Fifth Circuit Reverses Injunction on Federal Contractor Minimum Wage

On February 4, in Texas v. President Trump & Department of Labor, a Fifth Circuit panel reversed a permanent injunction issued by the U.S. District Court for the Southern District of Texas. The injunction prohibited the...more

Clark Hill PLC

CTA Litigation Update: Reporting Remains Voluntary

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On Jan. 23, the U.S. Supreme Court stayed the Dec. 5 nationwide injunction in Texas Top Cop Shop, Inc. v. Garland (E.D. Tex.) that had halted Corporate Transparency Act (“CTA”) enforcement nationwide. The stay of this...more

Foley Hoag LLP

Corporate Transparency Act Remains Subject to Nationwide Preliminary Injunction Despite Supreme Court Ruling

Foley Hoag LLP on

On January 23, 2025, the U.S. Supreme Court stayed a nationwide preliminary injunction of the Corporate Transparency Act (“CTA”) previously issued by the U.S. Federal District Court for the Eastern District of Texas (Texas...more

Proskauer - Regulatory & Compliance

The Corporate Transparency Act: The Government Appeals Preliminary Injunction. What To Do Now?

The Corporate Transparency Act (CTA) requires all corporations, limited liability companies, limited partnerships, and many other entities created or registered to do business in any U.S. state to file a beneficial ownership...more

Allen Barron, Inc.

Important News Regarding the Beneficial Owners Interest (BOI) Report

Allen Barron, Inc. on

There is important news regarding the Beneficial Owners Interest (BOI) report based upon a recent District Court decision in Texas. In the case of Texas Top Cop Shop, Inc., et al. v. Garland, et al., Case No. 4:24-cv-478,...more

Proskauer Rose LLP

U.S. District Court Enjoins Enforcement of the Corporate Transparency Act

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On December 3, 2024, the United States District Court for the Eastern District of Texas issued a nationwide injunction against enforcement of the Corporate Transparency Act (the “CTA”). The CTA requires a range of entities,...more

Foley & Lardner LLP

Too Little, Too Late — The Death of the Federal Trade Commission Noncompete Rule May Be Near

Foley & Lardner LLP on

Recent legal developments may doom the Federal Trade Commission (FTC) Noncompete Rule (the “Rule” or the “Noncompete Rule”). The recent Supreme Court decision in Loper Bright Enterprises v. Raimondo has significant...more

Harris Beach Murtha PLLC

Federal Court Delays Ban on Noncompete Agreements

As expected, a legal battle is playing out over the U.S. Federal Trade Commission’s near-total ban on noncompete agreements, and a federal judge has granted a preliminary injunction delaying implementation of the ban while...more

Jones Day

The Changing Landscape for Business Disputes in Texas: Justices Named to Inaugural Business Dispute Appellate Court

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On June 11, 2024, Governor Greg Abbott appointed the three inaugural justices for the new Fifteenth Court of Appeals, which will hear appeals from business courts statewide....more

Fleurinord Law PLLC

The Importance of Estate Planning for LGBTQ+ Couples in Texas and Florida

Fleurinord Law PLLC on

The landscape of marriage in the United States has transformed significantly, particularly for same-sex couples, following pivotal legal battles that sought to recognize their right to marry. Understanding the nuances of...more

Troutman Pepper Locke

The Decision Is In: The Supreme Court Upholds the CFPB’s Funding Structure

Troutman Pepper Locke on

Last week, the U.S. Supreme Court issued its long-awaited decision in Community Financial Services Association of America, Limited (CFSA) v. Consumer Financial Protection Bureau (CFPB or Bureau) holding that the CFPB’s...more

Brownstein Hyatt Farber Schreck

SCOTUS Upholds CFPB Funding Mechanism

In a landmark decision issued on May 16, the Supreme Court held that the Consumer Financial Protection Bureau’s (CFPB) funding mechanism is constitutionally sound, as it does not violate the Appropriations Clause. The...more

Troutman Pepper Locke

Spirit AeroSystems Files Lawsuit Against Texas

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Spirit AeroSystems, Inc. (Spirit), a subsidiary of a company that produces fuselages for Boeing’s 737 jets, has filed a lawsuit against Texas in response to the attorney general’s (AG) recently initiated investigation into...more

Robinson+Cole Data Privacy + Security Insider

Federal Court Rules Texas Drone Law Not Facially Unconstitutional

The U.S. Court of Appeals for the Fifth Circuit reversed a district court’s 2022 ruling on the constitutionality of Texas Chapter 423 law (i.e., the drone law) which restricts the actions of drones. Nat’l Press Photographers...more

Littler

Texas District Court Declares State Preemption Law Unconstitutional. What Now?

Littler on

The legal battle continues between large cities and the State of Texas over state attempts to nullify local enactments on employment and other matters that exceed or conflict with state law....more

Ballard Spahr LLP

Why the Texas federal court should have gone further in preliminarily enjoining the CFPB from implementing and enforcing its small...

Ballard Spahr LLP on

On Monday, the Texas federal district court hearing the lawsuit challenging the validity of the CFPB’s final rule implementing Section 1071 of the Dodd-Frank Act (Rule) issued an order that preliminarily enjoins the CFPB from...more

Perkins Coie

More State Content Moderation Laws Coming to Social Media Platforms

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California and New York recently passed laws that seek to change how “social media platforms” and “social media networks” (both of which are broadly defined terms) design and report their content moderation practices. In...more

Perkins Coie

CFPB Files Petition for Writ of Certiorari Seeking Expedited Review of Fifth Circuit Decision Finding Funding Structure...

Perkins Coie on

The Consumer Financial Protection Bureau has survived many constitutional challenges since it was created by the Consumer Financial Protection Act, 12 U.S.C. §§ 5481, et seq. (the “Act”), in 2011. But on October 19, 2022,...more

Robinson+Cole Data Privacy + Security Insider

Texas Drone Law Unconstitutional

U.S. District Judge Robert Pitman struck down a Texas drone law (one of the most restrictive in the U.S.), for violating the First Amendment’s protections of freedom of speech and the press. While there have been other cases...more

Spilman Thomas & Battle, PLLC

COVID-19 Litigation Trends, Issue 14

This 14th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. Employers are facing claims for both doing too much and too little in response to the COVID-19 pandemic....more

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