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Appeals Unconstitutional Condition

Holland & Hart LLP

The Montana Environmental Protection Act (MEPA) and the Upcoming 2025 Legislative Session

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What’s Happening with MEPA Right Now (And Why You Should Care) - If you need a permit from a Montana state agency, you have a project on state land, or you need the state to take any kind of action to complete your...more

Kohrman Jackson & Krantz LLP

TikTok on the Chopping Block: Will the U.S. Ban the Popular Social Media App?

On September 16, 2024, the U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments in the seminal case of TikTok, Inc. v. Garland, which centers around the potential ban of TikTok under the Protecting...more

Pillsbury Winthrop Shaw Pittman LLP

District Court Finds Qui Tam Provisions of the False Claims Act Unconstitutional

This landmark decision, if upheld on appeal, has the potential to drastically reduce the number of False Claims Act actions brought against government contractors. A U.S. District Court in Florida held that the qui tam...more

McDermott Will & Emery

Court Holds That False Claims Act’s Qui Tam Provision Is Unconstitutional

McDermott Will & Emery on

On September 30, 2024, the US District Court for the Middle District of Florida dismissed a False Claims Act (FCA) case on the grounds that the qui tam provision of the FCA is unconstitutional. This ruling will almost...more

Mintz

Missouri Abandons Appeal of Court Decision Striking Down State Anti-ESG Rules\

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Last month, a federal district court struck down Missouri's anti-ESG rules that would prohibit investment advisors from utilizing ESG factors when making investment decisions (absent written consent of the client). ...more

Bradley Arant Boult Cummings LLP

George Washington’s Whisky Distillery, 21st Century Edition

You might think the laws of King Edward I of England (1239-1307), George Washington’s whisky distillery, and an 1807 “Treatise on the Law of Idiocy and Lunacy” have little to do with the federal criminal code of 2024. And you...more

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

Federal Court Permanently Blocks Florida Restrictions on Workplace Diversity Training

On July 26, 2024, the U.S. District Court for the Northern District of Florida permanently blocked Florida’s Stop WOKE Act, which restricted the types of anti-harassment and antidiscrimination training that employers can...more

Best Best & Krieger LLP

One U.S. Court of Appeals Declares Universal Service Fund Unconstitutional—But Impact of Decision Awaits Further Legal Review

Pending decision could have significant impact on schools, libraries and consumers that rely on the programs funded by the USF - Although the impact will not likely be immediate, and it may be further changed on appeal, on...more

Mintz

Eleventh Circuit Rules Corporate Grant Contest for Black Women Is Racially Discriminatory and Violates U.S. Constitution

Mintz on

On Monday, June 3, 2024, the Eleventh Circuit of Appeals held that the “Fearless Strivers Grant Contest, an entrepreneurship funding competition open only to businesses owned by black women” was “substantially unlikely to...more

Lewis Roca

Arizona Voters Modify Creditors' Remedies with Passage of Proposition 209 - Update

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UPDATED 5/30/2024: Prop. 209 became law on December 5, 2022, but was immediately challenged by the Arizona Creditors Bar Association and several other organizations as unconstitutionally vague and internally inconsistent....more

Sunstein LLP

Is the Corporate Transparency Act Unconstitutional? Does it Matter?

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On March 1, 2024, a federal district court ruled in National Small Business United v. Yellen that the Corporate Transparency Act (CTA), about which we wrote earlier, is unconstitutional. The U.S. Treasury Department has...more

Jenner & Block

Northern District of Texas Declares Key Provision in Minority Business Development Act of 2021 Unconstitutional in Nuziard v....

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On March 5, 2024, the United States District Court for the Northern District of Texas struck down key provisions of the Minority Business Development Act of 2021, which promotes the provision of business development services...more

Butler Snow LLP

Department of Treasury Appeals Alabama Corporate Transparency Act Decision

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On March 11, 2024, the U.S. Department of Justice filed a notice of appeal with the Eleventh Circuit to appeal the decision by the U.S. District Court for the Northern District of Alabama (Northeastern Division) that held...more

Rumberger | Kirk

Stop Woke Act Stopped by the Eleventh Circuit Court of Appeals…For Now

Rumberger | Kirk on

Florida District Court’s Preliminary Injunction Blocking The Stop Woke Act Affirmed By Appellate Court - On March 4, 2024, the Eleventh Circuit Court of Appeals upheld the district court’s injunction, effectively blocking...more

Flaster Greenberg PC

Constitutional Challenges to the Corporate Transparency Act

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The federal Corporate Transparency Act (CTA), which went into effect on January 1st of this year, is currently the subject of a constitutional challenge. The link to our prior alert regarding the CTA can be found here....more

Holland & Hart LLP

The Corporate Transparency Act Isn't Dead Yet

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Congress has enacted legislation over the decades aimed at curbing money laundering and the financing of terrorism. Increased legislation has been necessary to ensure that the federal government is able to address evolving...more

Proskauer - Regulatory & Compliance

U.S. District Court in Alabama Finds the Corporate Transparency Act Unconstitutional

On March 1, 2024, Judge Liles C. Burke of the U.S. District Court for the Northern District of Alabama ruled that the Corporate Transparency Act (the “CTA”) is unconstitutional, leaving its future uncertain. The CTA requires...more

Sherman & Howard L.L.C.

Corporate Transparency Act Ruled Unconstitutional

Late on Friday, March 1, 2024, a federal judge in the Northern District of Alabama ruled that the Corporate Transparency Act (“CTA”) is unconstitutional pursuant to a Motion for Summary Judgment. Under the CTA, entities...more

Akin Gump Strauss Hauer & Feld LLP

Federal District Court in Alabama Holds Corporate Transparency Act Unconstitutional and Enjoins Enforcement Against Plaintiffs

A U.S. District Court judge in Alabama recently ruled that the Corporate Transparency Act (“CTA”) is unconstitutional. The CTA, which was enacted on January 1, 2021, directs the U.S. Department of the Treasury’s Financial...more

White and Williams LLP

First Circuit Holds That Notice Provisions in Claims Made Policies Must Be Strictly Enforced

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In President & Fellows of Harvard College v. Zurich Am. Ins. Co., the United States Court of Appeals for the First Circuit ruled that Harvard was not entitled to coverage under an excess claims-made and reported policy issued...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - February 2023: 2(c) or Not 2(c)?

Late last week, the USPTO issued Examination Guide 1-23 which establishes guidelines for USPTO Examining Attorney compliance with Section 2(c) of the Lanham Act. The Guide provides a framework for examining certain types of...more

Mintz

This is no way to run a railroad or make environmental law. EPA's most recent definition of Waters of the United States heads to...

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Everyone expected that EPA's eighth attempt to define the reach of the Federal Clean Water Act would end up in court. I have to admit that I was a bit surprised that two groups of plaintiffs filed their lengthy complaints...more

BakerHostetler

Georgia 6-Week Abortion Law Is Void Ab Initio

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Key Takeaways - ..On Nov. 15, The Superior Court of Fulton County declared sections of Georgia’s 6-week abortion ban void and unenforceable. ..The Court held that because the ban was unconstitutional at the time it...more

Venable LLP

Federal Appeals Court Finds CFPB Unconstitutionally Funded, Structured

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The Consumer Financial Protection Bureau (CFPB) has once again been found to be unconstitutionally structured. The ruling is a win for CFPB critics and calls into question most actions taken by the agency....more

ArentFox Schiff

Investigations Newsletter: Ramesh “Sunny” Balwani, Former Theranos President and COO, Found Guilty on All Twelve Fraud Counts in...

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Ramesh “Sunny” Balwani, Former Theranos President and COO, Found Guilty on All Twelve Fraud Counts in High-Profile Trial - On July 7, 2022, a federal jury in the Northern District of California found Ramesh “Sunny”...more

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