News & Analysis as of

Unconstitutional Condition

Perkins Coie

Fifth Circuit Rules FCC Enforcement Action Unconstitutional

Perkins Coie on

Key Takeaways - - The U.S. Court of Appeals for the Fifth Circuit vacated a $57 million fine levied by the Federal Communications Commission (FCC) against AT&T. - The court ruled the FCC's in-house enforcement proceedings...more

Husch Blackwell LLP

State-By-State Guide to Ag-Gag Legislation - April 7 2025

Husch Blackwell LLP on

Several states have made attempts to provide the animal production industry protection against unlawful interference by enacting so-called Ag-Gag laws. A wave of litigation is challenging these laws as unconstitutional,...more

Husch Blackwell LLP

Federal Judge Upholds Iowa Ag-Gag Law in Constitutional Challenge

Husch Blackwell LLP on

On March 19, 2025, U.S. District Court Judge Stephanie Rose of the Southern District of Iowa determined that Iowa Code § 727.8A—a law passed in 2021 that prohibits unauthorized access to private property in order to record...more

BCLP

Treasury Suspends CTA Enforcement Against U.S. Citizens and Companies; Federal District Court Declares CTA Unconstitutional

BCLP on

The Corporate Transparency Act (the “CTA”) remains in full force and effect, although FinCEN recently announced that it will not take any enforcement actions against reporting companies who fail either to file or to update...more

Woods Rogers

Understanding the New DEI Executive Order: What's the Tea in L&E?

Woods Rogers on

Breaking News: On February 21, 2025, a Judge issued partial injunction on Trump’s DEI Executive Orders, temporarily staying the aspects of the order that direct agencies to terminate equity-related grants and contracts, that...more

Mintz

Trump EO on Recission of Birthright Citizenship Temporarily Blocked by Fed Court

Mintz on

As reported by AP and many other news outlets, on January 23, a Federal District Court in Washington state issued a temporary restraining order blocking President Trump's Executive Order which would limit birthright...more

Husch Blackwell LLP

Are the qui tam provisions of the False Claims Act unconstitutional?

Husch Blackwell LLP on

The qui tam provisions of the False Claims Act allow individuals to file suit on behalf of the United States and to receive a share of the resulting financial settlement or judgment. Filing a qui tam case is not just a formal...more

ArentFox Schiff

Investigations Newsletter: Federal Government Urges Court of Appeals to Uphold Constitutionality of FCA Qui Tam Provisions

ArentFox Schiff on

Federal Government Urges Court of Appeals to Uphold Constitutionality of FCA Qui Tam Provisions - In a brief filed earlier this week, the US federal government has urged the Eleventh Circuit Court of Appeals to uphold the...more

Akin Gump Strauss Hauer & Feld LLP

The Post-Election Future of the Universal Service Fund

The constitutionality of the Universal Service Fund (USF) funding mechanism is currently being litigated, and its future has long been the subject of debate in Congress. The U.S. Court of Appeals for the 5th Circuit found the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Judge Newman Files Appeal with D.C. Circuit

The Honorable Pauline Newman, Circuit Judge for the U.S. Court of Appeals for the Federal Circuit, has been battling her suspension from the Court imposed by the Judicial Council for two years (including proceedings leading...more

IR Global

The New CFPB Small Business Lending Rule Moves Forward

IR Global on

The new small business finance rule passed by the Consumer Financial Protection Bureau (CFPB) requires “Covered” financial institutions to collect and report data on applications for credit for small businesses. This rule,...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

Eversheds Sutherland (US) LLP

FinCEN fights back after Texas Federal Court blocks the CTA

On December 3, 2024, the US District Court in the Eastern District of Texas (the Texas Federal Court) granted a nationwide preliminary injunction in favor of certain small businesses, ruling (1) the Corporate Transparency Act...more

Skadden, Arps, Slate, Meagher & Flom LLP

After Nationwide Injunction of Corporate Transparency Act, FinCEN Suspends Reporting Requirements as Four Circuits Grapple With...

The Corporate Transparency Act (CTA) and its implementing regulations (Regulations) require entities within its scope (reporting companies) to disclose information, including about their beneficial owners, to the U.S....more

Verrill

CTA Filing Deadlines Suspended (For Now)

Verrill on

You perhaps have heard the news that a US District Court in Texas ruled the Corporate Transparency Act unconstitutional and issued a nationwide preliminary injunction against its enforcement. In all, four US District Courts...more

Akin Gump Strauss Hauer & Feld LLP

Nasdaq Diversity Rule Deemed Unenforceable By 5th Circuit

On December 11, 2024, the U.S. Court of Appeals for the 5th Circuit, sitting en banc, ruled that The Nasdaq Stock Market LLC (Nasdaq) cannot enforce previously adopted listing rules requiring Nasdaq-listed companies to have...more

Proskauer - Labor Relations Update

Federal District Court in D.C. Strikes Down Removal Protections for ALJs

The continued legal challenges to the constitutionality of certain aspects of the National Labor Relations Board (“NLRB”) and National Labor Relations Act (“NLRA”) took a potentially significant turn in a decision issued by...more

Snell & Wilmer

Is the Corporate Transparency Act Going To Be Brought Back to Life?

Snell & Wilmer on

On December 5, 2024, the Department of Justice (DOJ), filed a Notice of Appeal in response to a U.S. District Court’s recently issued, nationwide preliminary injunction stopping the reporting obligations under the Corporate...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

Best Best & Krieger LLP

Texas Federal Court Blocks Enforcement of Corporate Transparency Act

Best Best & Krieger LLP on

On Tuesday December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction which precludes enforcement of the Corporate Transparency Act (CTA) (See, Texas Top Cop Shop,...more

McNees Wallace & Nurick LLC

Corporate Transparency Act Dealt Blow by Eastern District of Texas: How Reporting Companies Can Proceed

On Tuesday, December 3, 2024, the Federal District Court for the Eastern District of Texas (the “Court”) issued an opinion in Texas Top Cop Shop, Inc. et al. v. Merrick Garland, Attorney General of the United States, et al....more

White and Williams LLP

Federal Court Suspends Enforcement of the Corporate Transparency Act’s Reporting Requirements

White and Williams LLP on

On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction prohibiting the federal government from enforcing the Corporate Transparency Act (the “CTA”) nationwide. Texas Top...more

Pierce Atwood LLP

Federal Government Appeals Suspension of Corporate Transparency Act Deadline

Pierce Atwood LLP on

On December 3, 2024, the Eastern District of Texas issued a nationwide preliminary injunction suspending enforcement of the Corporate Transparency Act (CTA), less than a month before the deadline. The ruling temporarily...more

Greenberg Glusker LLP

Nationwide Injunction Halts Enforcement of the Corporate Transparency Act

Greenberg Glusker LLP on

UPDATE as of 12/7/2024: FinCen has updated their website addressing the recent federal court order, publicly stating that reporting companies are not currently required to file beneficial ownership information with FinCEN and...more

Flaster Greenberg PC

Preliminary Injunction Blocking Enforcement of the Corporate Transparency Act

Flaster Greenberg PC on

We previously discussed a ruling by a federal District Court in Alabama finding that the Corporate Transparency Act (“CTA”) was unconstitutional, with the holding limited to the plaintiffs in the case. For general background...more

269 Results
 / 
View per page
Page: of 11

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide