News & Analysis as of

Supreme Court of the United States Business Entities

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Foster Garvey PC

Shared Names, Separate Profits: What Dewberry Tells Us About Trademark Liability

Foster Garvey PC on

The U.S. Supreme Court’s unanimous ruling in Dewberry Group v. Dewberry Engineers Inc. (23-900 (604 U.S. _____ (2025)), provides important guidance on corporate separateness, trademark enforcement and the scope of damages...more

Sunstein LLP

Supreme Court vacates $43 million trademark award for violating principle of corporate separateness in Dewberry Group

Sunstein LLP on

On February 26, 2025, in Dewberry Group v. Dewberry Engineers, the Supreme Court unanimously vacated a $43 million damages award for trademark infringement, ruling that the lower court improperly conflated the defendant with...more

Pierce Atwood LLP

Corporate Transparency Act Returns: New Deadline March 21, 2025

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Newly Formed Entities Have 30 Days to File - On February 17, 2025, the Eastern District of Texas in Smith v. United States Department of the Treasury lifted the last remaining nationwide preliminary injunction on...more

Hinshaw & Culbertson LLP

URGENT UPDATE: Corporate Transparency Act Reporting Requirements Back in Effect – What You Need To Know

Companies are once again required to comply with the CTA and its reporting obligations. As discussed in our previous update, last month the Supreme Court of the United States (SCOTUS) stayed (i.e., suspended the effect of)...more

Saul Ewing LLP

Corporate Transparency Act Reporting Requirements Still on Hold

Saul Ewing LLP on

The Corporate Transparency Act (CTA), enacted in 2021, mandates that companies disclose their true ownership to the Financial Crimes Enforcement Network (FinCEN) to combat illicit financial activities. However, its...more

Otten Johnson Robinson Neff + Ragonetti PC

CTA Enforcement Remains Paused Following Supreme Court Ruling Granting Stay of Injunction

On January 23, 2025, the Supreme Court of the United States granted the federal government’s motion to stay the nationwide injunction preventing enforcement of the Corporate Transparency Act (the “CTA”) entered by the United...more

Clark Hill PLC

CTA Litigation Update: Reporting Remains Voluntary

Clark Hill PLC on

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

Akerman LLP

The U.S. Supreme Court Lifts Stay of Enforcement of the Corporate Transparency Act Yet Reporting Requirements Remain Voluntary

Akerman LLP on

On January 23, 2025, the Supreme Court of the United States (SCOTUS) lifted the nationwide injunction imposed by the District Court for the Eastern District of Texas in the case of Texas Top Cop Shop, Inc. v. Garland (Top Cop...more

Morris, Manning & Martin, LLP

Supreme Court Intervenes in CTA Legal Battle, But Implementation Still on Hold Due to Separate Injunction

The Supreme Court has weighed in on the ongoing battle concerning the Corporate Transparency Act (the CTA). As we previously wrote, on December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a...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

Nelson Mullins Riley & Scarborough LLP

Corporate Transparency Act Still Enjoined Despite Supreme Court Stay Pending Fifth Circuit Ruling; FinCEN Announces BOI Reporting...

On Jan. 24, 2025, FinCEN released a statement (screenshot below) acknowledging that the Corporate Transparency Act (CTA) remains enjoined given yet another injunction that has relieved business owners across the nation from...more

Robinson & Cole LLP

Legal Update: No Enforcement of Corporate Transparency Act Despite SCOTUS Ruling

Robinson & Cole LLP on

On January 23, 2025, in the case of Texas Top Cop Shop, Inc., et al. v. Garland, et al., the Supreme Court of the United States (SCOTUS) granted the government the ability to lift the injunction which halted enforcement of...more

Cadwalader, Wickersham & Taft LLP

Corporate Transparency Act Remains on Hold Despite SCOTUS Stay of Injunction

On January 23, 2024, the Supreme Court overturned a nationwide injunction enjoining enforcement of the Corporate Transparency Act (“CTA”).  However, the implementing regulations of the CTA remain unenforceable due to a...more

Baker Donelson

CTA Filings Remain Voluntary... For Now

Baker Donelson on

A flurry of activity in the courts and guidance from FinCEN this week has the Corporate Transparency Act back in the news. However, the recent activity does not result in any immediate change for businesses. Filing beneficial...more

Wyrick Robbins Yates & Ponton LLP

Corporate Transparency Act Remains Blocked Despite Supreme Court Order

Enforcement of the Corporate Transparency Act (the “CTA”) had been on hold since a December 26, 2024 ruling from the United States Court of Appeals for the Fifth Circuit in the case of Texas Top Cop Shop, Inc., et al. v....more

Shipman & Goodwin LLP

Corporate Transparency Act - The Gift that Keeps on Giving - Government Appeals to the U.S. Supreme Court to Eliminate Nationwide...

Shipman & Goodwin LLP on

Not content to have an expedited hearing in March on the merits of the case at the Fifth Circuit Court of Appeals regarding the constitutionality of the Corporate Transparency Act (CTA), the Government filed an application...more

Willcox & Savage

The Corporate Transparency Act – Current Status and State of Play as of New Year’s Day 2025

Willcox & Savage on

December 2024 gave businesses and practitioners whiplash trying to follow the bouncing ball about whether the Corporate Transparency Act was enforceable or unconstitutional. This article summarizes the events of the past...more

BCLP

Corporate Transparency Act Update: FinCEN Asks SCOTUS to Intervene

BCLP on

As previously reported, on December 26, 2024, the Fifth Circuit first lifted—and then reinstated—a preliminary nationwide injunction staying the Corporate Transparency Act’s (“CTA”) reporting requirements pending appeal....more

Husch Blackwell LLP

Nationwide Injunction Halts Enforcement of the Corporate Transparency Act - UPDATED 1/2/2025

Husch Blackwell LLP on

As of the posting of this article, reporting companies nationwide do not need to comply with the Corporate Transparency Act’s (CTA) revised beneficial owner information (BOI) reporting deadlines. The Fifth Circuit will...more

Bressler, Amery & Ross, P.C.

Adverse Estate Tax Impact when a Redemption Agreement is used to Purchase Deceased Shareholder’s Shares

In the recent case, Connelly v. United States, 602 U.S. (2024) (slip op.) the U.S. Supreme Court unanimously ruled that life insurance proceeds received by a closely held corporation which is used to fund the redemption of a...more

Holtzman Vogel Baran Torchinsky & Josefiak

In-Compliance Newsletter: March 2024 Round-up

On March 15, 2024, the Supreme Court issued a unanimous opinion in Lindke v. Freed and a per curiam opinion in O’Connor-Ratcliff v. Garnier addressing when a public official may prevent a person from commenting on the public...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Evolving Landscape of Administrative Law

One of the most significant areas of the law for businesses is administrative law. From questions about a new industry-specific regulation to marshaling a defense against enforcement proceedings, any entity that is subject to...more

Proskauer - Minding Your Business

Supreme Court Reinforces Strict Rule On Citizenship of Unincorporated Entities for Diversity Jurisdiction to the Detriment of...

Article III of the U.S. Constitution extends the jurisdiction of federal courts to “[c]ontroversies … between Citizens of different States.” U.S. Const. art. III, § 2, cl. 1. “This rule is easy enough to apply to humans, but...more

Pillsbury Winthrop Shaw Pittman LLP

REIT Citizenship and the Impact of Americold Realty Trust on Jurisdictional Challenges

On March 7, 2016, the Supreme Court ruled unanimously in Americold Realty Trust v. ConAgra Foods, Inc. that unincorporated entities organized as “real estate investment trusts” (REITs) under Maryland law are citizens of every...more

Goodwin

Supreme Court Severely Restricts Federal-Court Access for Non-Corporate Entities, Including Certain REITs and RICs

Goodwin on

Business trusts, statutory trusts and non-corporate real-estate investment trusts now face a significant jurisdictional barrier that will reduce their access to the federal courts, following a March 7 ruling by the U.S....more

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