News & Analysis as of

Appeals Constitutional Challenges Corporate Governance

Conyers

Adapting the Machinery

Conyers on

The Case of Changyou.com Ltd v Fourworld Global Opportunities Fund Ltd and 7 others 2025 UKPC 12 - In a judgment handed down on 11 March 2025, the Privy Council has upheld the amendments made to sections 238(2)-(5) of the...more

Walkers

Analysing the Changyou.com decision: What it means for appraisal rights in short-form mergers

Walkers on

A short-form statutory merger can be effected under the Cayman Islands' Companies Act (as revised) (the "Act") between a parent company and a Cayman Islands incorporated subsidiary. The short-form statutory merger takes...more

Williams Mullen

5th Circuit Reinstates the Corporate Transparency Act

Williams Mullen on

The Corporate Transparency Act (CTA) has been reinstated by the United States Court of Appeals for the Fifth Circuit, lifting the preliminary injunction in the Texas Top Cop Shop case....more

BCLP

Reporting Companies May Face a Last-minute Scramble to Comply With the Corporate Transparency Act Due to Accelerated Appellate...

BCLP on

As the government and interested parties continue to fight over the enforcement of the Corporate Transparency Act’s reporting requirements, prudent businesses and reporting companies should be prepared to comply with all...more

Perkins Coie

Nasdaq Board Diversity Rules Vacated; SEC Approval Found “Arbitrary and Capricious”

Perkins Coie on

In a 9-8 decision on December 10, 2024, the U.S. Court of Appeals for the Fifth Circuit struck down Nasdaq’s efforts to promote diversity on public company boards. The case, Alliance for Fair Board Recruitment v. SEC, vacated...more

BakerHostetler

FinCEN Seeks Immediate Stay of Nationwide CTA Injunction

BakerHostetler on

On Dec. 11, 2024, the U.S. government filed a motion requesting an immediate stay of the preliminary nationwide injunction issued last week by a federal district court in Texas that temporarily halted the implementation of...more

Parker Poe Adams & Bernstein LLP

Corporate Transparency Act: What the Nationwide Injunction and DOJ Appeal Means for Companies

On December 3, 2024, a Texas federal district court issued a preliminary injunction blocking enforcement of the Corporate Transparency Act (CTA). The Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) has...more

Holland & Knight LLP

Developments in the Texas Top Cop Shop Case Impact Corporate Transparency Act

Holland & Knight LLP on

The U.S. District Court for the Eastern District of Texas on Dec. 3, 2024, issued a nationwide preliminary injunction suspending the government's enforcement of the Corporate Transparency Act (CTA) and its Implementing...more

Venable LLP

Corporate Transparency Act: Nationwide Injunction Issued by Federal Court

Venable LLP on

On December 3, 2024, the federal district court in the Eastern District of Texas issued an order (Order) for a nationwide preliminary injunction against enforcement of the Corporate Transparency Act (CTA) in Texas Top Cop...more

Miller Canfield

Texas Federal District Court Enjoins Enforcement of Corporate Transparency Act and Implementing Reporting Rule Nationwide

Miller Canfield on

On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction temporarily enjoining the Corporate Transparency Act (CTA), 31 U.S.C. §5336 and its implementing...more

Benesch

Just a Simple Misunderstanding? The Latest Argument from the United States Department of Treasury Concerning the Constitutionality...

Benesch on

As expected, shortly after receiving the Order from Judge Liles C. Burke of the District Court for the Northern District of Alabama that rendered unconstitutional the Corporate Transparency Act (the “CTA”), the United States...more

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