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Sands Anderson PC

Legislation in Virginia General Assembly May Affect Appeals

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Senate Bill 999 has passed the Senate and been reported out of the Civil Subcommittee from the House Courts of Justice Committee. The bill, if passed by the House and signed by the Governor, would have two important...more

Stinson LLP

An Uncertain Future for CFPB's Section 1071 Rule Regarding Small Business Lending Data

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In a pivotal development, the U.S Court of Appeals for the Fifth Circuit has stayed enforcement of the Consumer Financial Protection Bureau’s (CFPB) Small Business Lending Rule — also known as Section 1071 of the Dodd-Frank...more

BCLP

Adjudication and Insolvency: Interface of Two Statutory Regimes Affecting the Construction Industry

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Adjudication has become a key tool in the construction industry, helping employers and contractors resolve disputes quickly and keep cash flowing on projects. But when insolvency enters the picture, things can get tricky —...more

Wilson Sonsini Goodrich & Rosati

Acting SEC Chairman Seeks Pause on Climate-Related Disclosure Rule Litigation

On February 11, 2025, Acting Chairman of the U.S. Securities and Exchange Commission (the “Commission”) Mark Uyeda issued a statement directing the Commission staff to request that the U.S. Court of Appeals for the Eighth...more

Orrick, Herrington & Sutcliffe LLP

DOJ contests court order blocking DOGE’s access to Treasury’s payment systems and records

On February 9, DOJ filed an emergency motion seeking to dissolve, modify or clarify a temporary restraining order issued by the U.S. SDNY, which prohibited certain political appointees and DOGE members from accessing the...more

Ballard Spahr LLP

Appeals Court stays small business reporting rule for many financial institutions

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The Fifth Circuit Court of Appeals has issued a stay that blocks for many financial institutions the implementation of a CFPB rule that requires the institutions to report information contained in loan applications submitted...more

Davis Wright Tremaine LLP

Federal Funding, OMB, and the Impact of Recent Court Orders: What Now?

The Trump Administration must immediately restore frozen funding during and in accordance with the Temporary Restraining Order. The order may impact programs and contracts that were suspended or terminated. Contractors should...more

Fox Rothschild LLP

Appellate Courts and Messy Kitchens

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Ever had to explain to a client why a sweet win in the lower courts doesn’t necessarily mean that it’s time to dig in and eat? In City of Martinsville, VA v. Express Scripts, a Fourth Circuit majority opinion used a...more

Orrick, Herrington & Sutcliffe LLP

CFPB moves to stay litigation to review supervision order

On February 6, the CFPB filed an unopposed motion to stay litigation pending in the U.S. District Court for the District of Columbia between the CFPB and a large tech company. As covered previously by InfoBytes, this...more

BCLP

FinCEN Provides Guidance to Reporting Companies in Wake of Second Appeal to Fifth Circuit

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As previously reported, the Supreme Court has already considered on an emergency basis whether to stay Corporate Transparency Act (“CTA”) enforcement deadlines. In that case, McHenry v. Texas Top Cop Shop, Inc., No. 24A653,...more

Neal, Gerber & Eisenberg LLP

DOJ Seeks to Reinstate Corporate Transparency Act

On February 5, 2025, the Department of Justice (DOJ) filed a notice of appeal and motion for stay of the injunction against enforcement of the Corporate Transparency Act (CTA) issued by the Eastern District of Texas in Smith...more

Pierce Atwood LLP

It Lives: Trump Administration Defends Corporate Transparency Act; May Modify its Application

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On February 5, 2025, the Trump administration added a new chapter to the saga that has been implementation of the Corporate Transparency Act (CTA), filing a notice of appeal and motion for stay against an Eastern District of...more

Troutman Pepper Locke

CFPB Continues “Pausing” Litigation: This Time in Medical Debt Rule Litigation

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The Consumer Financial Protection Bureau (CFPB or Bureau) requested and was granted a 90-day stay in the litigation involving trade associations Cornerstone Credit Union League (Cornerstone) and the Consumer Data Industry...more

ArentFox Schiff

Investigations Newsletter: Ninth Circuit Reverses Dismissal of FCA Suit

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Ninth Circuit Reverses Dismissal of FCA Suit - On Tuesday, the Ninth Circuit reversed the district court’s grant of Express Scripts’ motion to dismiss a whistleblower’s lawsuit accusing Express Scripts of defrauding the US...more

Fox Rothschild LLP

Trump Administration (Sort Of) Abandons Funding Freeze

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The Office of Management and Budget (OMB) issued memorandum M-25-13, “Temporary Pause of Agency Grant, Loan, and Other Financial Assistance Programs,” (OMB Memo) on Tuesday, January 27, 2025. Two days later on January 29,...more

Orrick, Herrington & Sutcliffe LLP

Corporate Transparency Act Beneficial Reporting Still on Hold Nationwide – Stay Tuned

On January 23, 2025, the U.S. Supreme Court vacated one nationwide stay (Texas Top Cop Shop, Inc. v. McHenry – formerly, Texas Top Cop Shop v. Garland) which blocked the U.S. government from enforcing the Corporate...more

Holtzman Vogel Baran Torchinsky & Josefiak

In-Compliance: Holtzman Vogel's January 2025 Round-Up

Supreme Court Lifts Fifth Circuit’s Corporate Transparency Act Injunction; Second District Court Enjoins Beneficial Ownership Reporting Rule and Requirements Remain Fluid - On January 23, 2025, the U.S. Supreme Court...more

IR Global

Beneficial Ownership Reporting – To File or Not to File?

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Considering conflicting rulings, businesses remain understandably confused about whether to file their mandated Beneficial Ownership Reports with FinCen. As of this writing, the answer remains that businesses may file but are...more

Seyfarth Shaw LLP

FinCEN Issues Further Guidance on Pausing CTA Compliance in Response to Supreme Court Ruling

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January 24, 2025 Update: On January 24, FinCEN published updated reporting guidance in which it announced that reporting companies are not currently required to file beneficial ownership information with FinCEN despite the...more

Womble Bond Dickinson

White House Temporarily Pauses Certain Federal Financial Assistance Programs But U.S. District Judge Pauses Pause Until February 3

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On January 27, the White House ordered a temporary pause, via an internal memorandum, on certain grants and loans disbursed by the federal government in order for each federal agency to review their federal financial...more

Patterson Belknap Webb & Tyler LLP

The Barton Doctrine: Suit Against Receiver Did Not Require Court Permission

The Barton doctrine provides that a court-appointed receiver cannot be sued absent “leave of court by which he was appointed.” Barton v. Barbour, 104 U.S. 126, 127 (1881). “An action against a receiver without court...more

Winstead PC

Corporate Transparency Act Update

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On January 23, 2025, the United States Supreme Court granted the government’s application for stay of a recent district court’s preliminary injunction of the enforcement of the Corporate Transparency Act (CTA)....more

Neal, Gerber & Eisenberg LLP

CTA Remains on Hold Despite Supreme Court Ruling

The Corporate Transparency Act (CTA) remains on hold despite a recent Supreme Court ruling. On January 23, 2025, the Supreme Court granted the government’s motion to stay a nationwide injunction that had been issued by a...more

King & Spalding

CTA Compliance Stay Continues Despite Supreme Court Lifting Nationwide Injunction; FinCEN Recognizes Separate District Court Stay...

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On January 23, 2025, the U.S. Supreme Court granted the government’s motion to lift the nationwide injunction against enforcement of the Corporate Transparency Act (CTA) in Texas Top Cop Shop v. McHenry (formerly, Texas Top...more

Snell & Wilmer

Another Twist for the Ongoing Corporate Transparency Act Saga: The Supreme Court Provides a Lifeline

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On Thursday, January 23, 2025, in an 8-1 decision, the U.S. Supreme Court stayed one of the two nationwide injunctions of the Corporate Transparency Act (CTA) pending the conclusion of the Fifth Circuit appeal and any...more

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