News & Analysis as of

Reporting Requirements Enforcement

Paul Hastings LLP

DOJ Announces Significant Proposed Changes to Amend and Clarify FARA

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On December 19, 2024, the Department of Justice (DOJ) published a Notice of Proposed Rulemaking (NPRM) intended to “update and clarify” the regulations under the Foreign Agents Registration Act (FARA). The proposed changes to...more

Warner Norcross + Judd

CTA Filing Obligations Remain Voluntary Amid Court Challenges

Warner Norcross + Judd on

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

Proskauer - Health Care Law Brief

CMS Publishes Final Rule, Effective January 1, 2025, Addressing the Requirements for Reporting and Returning Overpayments

The standard for an “identified overpayment” under Medicare Parts A–D now aligns with section 1128J(d)(4)(A) of the Social Security Act, which incorporates by reference the Federal False Claim Act’s (the “FCA”) “knowledge”...more

Wiley Rein LLP

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

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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

McGuireWoods LLP

U. S. Supreme Court Vacates National Injunction Staying the CTA in One Case, But a Separate Nationwide Stay Against Enforcement...

McGuireWoods LLP on

Here we go again – another CTA update hot off the press. In our last update, we reported that the U.S. Department of Justice (DOJ) filed with the U.S. Supreme Court an emergency application to stay the injunction...more

Allen Matkins

Is This CARB Climate Corporate Data Accountability Act Enforcement Notice Legal?

Allen Matkins on

Recently, UCLA Professor Stephen Bainbridge posted this critique of California's climate disclosure laws - SB 253 and SB 261.  Readers of this blog will recall that SB 253 requires "reporting entities" to disclose Scope 1, 2...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

Gardner Law

Sunshine Act Compliance: How to Take Action to Meet Reporting Requirements and Avoid Costly Penalties

Gardner Law on

The clock is ticking for medical device and pharmaceutical companies to fulfill their obligations under the Physician Payments Sunshine Act (the "Sunshine Act"). With the reporting deadline of March 31 looming and CMS...more

Conn Maciel Carey LLP

New U.S. Chemical Safety Board Tool

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On Tuesday, January 14, the CSB announced a new “incident report” tool, calling it a “new safety product to provide the public with more information about serious chemical incidents reported to the agency.” Through its...more

Blake, Cassels & Graydon LLP

Adapting to Canada’s Changing Environmental Landscape

The Canadian federal government continues to introduce stricter environmental regulations impacting business practices. These regulatory updates demonstrate Canada’s focus on further developing and enforcing its environmental...more

Perkins Coie

2025 Updates to HSR and Interlocking Directorate Thresholds

Perkins Coie on

The Federal Trade Commission (FTC) recently announced its annual adjustments to (1) the pre-merger notification thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act), (2) the HSR Act filing...more

Wiley Rein LLP

CBP Issues Proposed Changes to De Minimis Import Process

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On January 14, 2025, U.S. Customs and Border Protection (CBP) issued a proposal to alter its regulations regarding de minimis imports. Section 321(a)(2) of the Tariff Act of 1930 currently authorizes duty exemptions, as well...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

Jenner & Block

FAR Council Withdraws Proposed GHG Disclosure Rule as CARB Seeks Input on Implementation of Climate Disclosure Laws

Jenner & Block on

On January 13, the Federal Acquisition Regulatory (FAR) Council withdrew the greenhouse gas (GHG) disclosure rule that it proposed in late 2022. As explained previously, the proposed rule would have required certain federal...more

McDermott Will & Emery

Massachusetts H.5159 Seeks to Reshape Private Equity in Healthcare

McDermott Will & Emery on

On December 30, 2024, both the Massachusetts House of Representatives and the Massachusetts Senate enacted House Bill 5159 (H.5159), and Governor Maura Healey signed it on January 8, 2025. The bill seeks to strengthen...more

Foley & Lardner LLP

NHTSA Adopts Final Rule to Formalize its Whistleblower Program under the Motor Vehicle Safety Whistleblower Act

Foley & Lardner LLP on

On December 17, 2024, the National Highway Traffic Safety Administration (“NHTSA” or “Agency”) adopted a final rule to formalize its whistleblower program under the Motor Vehicle Safety Whistleblower Act (Whistleblower Act). ...more

Ropes & Gray LLP

Massachusetts Passes Act Implementing Broad Oversight into For-Profit Investment in Health Care

Ropes & Gray LLP on

On January 8, 2025, Massachusetts Governor Maura Healey signed House Bill 5159, An Act Enhancing the Market Review Process (the “Act”) into law, effective April 8, 2025. The Act is a compromise redraft of the separate health...more

Sheppard Mullin Richter & Hampton LLP

Governmental Practice Cybersecurity and Data Protection: 2024 Recap & 2025 Forecast Alert

To kick off the New Year (and as is now tradition, since we put out a similar Recap & Forecast last year), Sheppard Mullin’s Governmental Practice Cybersecurity & Data Protection Team has prepared a cybersecurity-focused 2024...more

Farella Braun + Martel LLP

California Air Resources Board (CARB) Issues Notice of Its Enforcement Standards for 2026 Climate Reporting Under SB 253

On December 5, 2024, CARB issued an Enforcement Notice discussing its enforcement standards for 2026 climate reporting under SB 253, and recognizing that “companies may need some lead time to implement new data collection...more

ArentFox Schiff

CARB Relaxes Carbon Emission Reporting Requirements and Seeks Comment on Reporting and Risk Disclosure Requirements

ArentFox Schiff on

The California Air Resources Board (CARB) announced this month that it will use enforcement discretion for the first greenhouse gas (GHG) emission reports due in 2026 to allow regulated businesses (doing business in...more

Hinch Newman LLP

DOJ Issues Rule Addressing Threat Posed by Foreign Adversaries’ Access to Americans’ Sensitive Personal Data

Hinch Newman LLP on

On Friday, December 27, 2024, the Justice Department issued a final rule to address “urgent national security risks posed by access to U.S. sensitive personal and government-related data from countries of concern and covered...more

Davis Wright Tremaine LLP

UPDATE : 5th Circuit Reinstates Injunction Pausing Enforcement of the Corporate Transparency Act

After a preliminary injunction temporarily halted the enforcement of the Corporate Transparency Act ahead of its January 1, 2025 reporting deadline for companies formed prior to 2024, the Fifth Circuit has lifted the...more

Buchalter

Court of Appeals Says Corporate Transparency Act Is Enforceable Again – FinCEN Extends Compliance Deadlines

Buchalter on

On December 23, 2024, the United States Court of Appeals for the Fifth Circuit stopped an order blocking the nationwide enforcement of the Corporate Transparency Act (CTA), pending resolution of the Department of the...more

White & Case LLP

SEC Enforcement Year-End Overview

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2024 marks the final year of Gary Gensler's term as Chair of the U.S. Securities and Exchange Commission ("SEC"). The Gensler SEC has been aggressive on both the enforcement and rulemaking fronts. In response, the financial...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Update: The Corporate Transparency Act Put On Hold

As an update to our post on the Corporate Transparency Act, on December 3, 2024, a federal district court issued a nationwide preliminary injunction pertaining to the Corporate Transparency Act in Texas Top Cop Shop, Inc. v....more

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