News & Analysis as of

Small Business Constitutional Challenges

Constangy, Brooks, Smith & Prophete, LLP

The demise of disadvantaged business enterprises

The U.S. DOT agrees to end contract goals for DBEs. In 1983, Congress enacted the Disadvantaged Business Enterprise Program, which requires that the Department of Transportation spend ten percent of federal highway...more

Orrick, Herrington & Sutcliffe LLP

Trade organization challenges CFPB’s final PACE rule

On May 28, the U.S. District Court for the Middle District of Florida received a complaint from a trade organization representing the residential Property Assessed Clean Energy (PACE) industry. The complaint challenged the...more

Gray Reed

Federal Appeals Court Temporarily Reinstates Trump’s Tariffs: What It Means for Trade, Business and Presidential Power

Gray Reed on

The ongoing legal and political saga surrounding President Donald Trump’s tariffs has taken an expected turn following the U.S. Court of International Trade’s surprise ruling earlier this week. A federal appeals court has...more

Miller Canfield

Michigan Federal Court Holds CTA Reporting Rule Unconstitutional, Enjoins Enforcement Against Named Plaintiffs

Miller Canfield on

On March 3, 2025, a Michigan federal district court in Small Business Association of Michigan v Yellen, Case No. 1:24-cv-413 (W.D Mich 2025) (SBAM), held that the CTA’s reporting rule is unconstitutional under the Fourth...more

Akin Gump Strauss Hauer & Feld LLP

Ensuring Lawful Governance and Implementing the President’s “Department of Government Efficiency” Deregulatory Initiative (Trump...

Directs agency heads, in coordination with their Department of Government Efficiency (DOGE) team lead and the Office of Management and Budget (OMB) Director, to initiate a process to review all agency regulations and rescind...more

Potomac Law Group, PLLC

A Status Update on Pending Legal Challenges to Federal Government Contracting Diversity Programs

As many of you know, federal contracting programs aimed at leveling the playing field for diverse and women-owned businesses have been under legal attack. An incredible number of small businesses rely heavily on these...more

Rivkin Radler LLP

The Status of the Corporate Transparency Act – It’s Not Clear

Rivkin Radler LLP on

Few would argue that the federal government does not have a legitimate interest in preventing, detecting, and punishing tax fraud, money laundering, and other financial crimes. Likewise, I imagine few would disagree with the...more

DarrowEverett LLP

Injunction Halts Enforcement of Corporate Transparency Act: What’s Next?

DarrowEverett LLP on

On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction temporarily blocking enforcement of the Corporate Transparency Act (CTA) and its reporting rule...more

BCLP

Corporate Transparency Act: Ongoing Litigation Not Likely to Change End-of-Year Filing Dates

BCLP on

After the U.S. Congress enacted the federal Corporate Transparency Act (the “CTA”) on January 1, 2021, a wide range of plaintiffs immediately brought suit against the government challenging its constitutionality. Currently,...more

Husch Blackwell LLP

New Challenge to the Corporate Transparency Act: Firestone v. Yellen

Husch Blackwell LLP on

On September 20, 2024, a U.S. District Judge for the District of Oregon rejected new challenges to the constitutionality of the Corporate Transparency Act (CTA) in Firestone, et al. v. Janet Yellen, et al. Case No....more

Troutman Pepper Locke

Texas Federal District Court Rejects All Administrative Procedure Act Challenges to CFPB’s Section 1071 Final Rule

Troutman Pepper Locke on

Monday, the U.S. District Court for the Southern District of Texas granted the Consumer Financial Protection Bureau’s (CFPB or Bureau) motion for summary judgment on all Administrative Procedure Act (APA) challenges brought...more

Husch Blackwell LLP

Michigan Employers Must Heed Recent Court Ruling on Minimum Wage and Paid Sick Leave

Husch Blackwell LLP on

In a landmark decision in Mothering Justice v. Attorney General, the Michigan Supreme Court has ruled on the constitutionality of legislative actions surrounding the Improved Workforce Opportunity Wage Act (Wage Act) and the...more

Stinson LLP

CFPB Announces Extensions to Section 1071 Compliance Deadlines

Stinson LLP on

On May 17, 2024, the Consumer Financial Protection Bureau (CFPB) announced its intention to extend the deadlines for compliance with Section 1071 of the Dodd-Frank Act (Section 1071) requiring data collection and reporting...more

Frantz Ward LLP

Are Changes Coming to EDGE in Ohio?

Frantz Ward LLP on

On June 29, 2023, the United States Supreme Court issued its historic decision in Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023). This decision upended decades of precedent and held that race-conscious...more

Holland & Knight LLP

CTA Heats Up with New FAQs, Government and Amicus Briefs and New Draft Legislation

Holland & Knight LLP on

The Corporate Transparency Act (CTA) is the gift that keeps giving. As affected entities and their advisers struggle to determine whether they are subject to the beneficial ownership information (BOI) reporting provisions of...more

Ballard Spahr LLP

CFPB Files Cross-Motion for Summary Judgment in Texas Small Business Lending Rule Lawsuit

Ballard Spahr LLP on

The CFPB (or “Bureau”) filed a cross-motion for summary judgment in the lawsuit regarding the small business lending data collection and reporting rule, also known as the 1071 rule based on the Dodd-Frank section that...more

Ballard Spahr LLP

Treasury Asks the Eleventh Circuit to Uphold the CTA and Congressional Authority

Ballard Spahr LLP on

We previously blogged on the lawsuit filed by the National Small Business Association (“NSBA”) and one of its individual members, which sought to challenge the constitutionality of the Corporate Transparency Act (“CTA”). Most...more

Bilzin Sumberg

The Corporate Transparency Act (CTA) Is Unconstitutional—But Only for Some Companies

Bilzin Sumberg on

On Friday, March 1, 2024, a federal judge in Alabama ruled that the Corporate Transparency Act is unconstitutional. See NSBU v. Yellen, No. 5:22-cv-1448, 2024 BL 69366, 2024 Us Dist Lexis 36205 (N.D. Ala. Mar. 01, 2024). Here...more

Dickinson Wright

FinCEN Appeals Order Enjoining Corporate Transparency Act

Dickinson Wright on

By now, you are probably familiar with the Corporate Transparency Act (the CTA). Dickinson Wright has reviewed this topic several times, most comprehensively here. The CTA, which was adopted in 2021 and became effective as of...more

Cozen O'Connor

U.S. District Court for the Northern District of Alabama Finds CTA Unconstitutional: National Small Business United, et al v....

Cozen O'Connor on

In a case brought by the National Small Business Association and an individual owner of a small business (Plaintiffs), the U.S. federal district court for the Northern District of Alabama has ruled that the Corporate...more

Hinshaw & Culbertson LLP

Alabama Federal Judge Finds the Corporate Transparency Act (CTA) Unconstitutional: FinCEN Responds

The Corporate Transparency Act (the CTA), which became effective on January 1 this year, was enacted by Congress to combat sources of financial criminal activity and abuse of anonymous companies. The CTA requires a majority...more

Maynard Nexsen

John Neiman on the Corporate Transparency Act

Maynard Nexsen on

Representing the National Small Business Association and one of its members in a constitutional challenge of the Corporate Transparency Act, appellate attorney John Neiman shares recent developments surrounding the federal...more

Tucker Arensberg, P.C.

Alabama District Court Rules Corporate Transparency Act Unconstitutional: Implications for Small Businesses and Compliance...

Tucker Arensberg, P.C. on

On March 1, 2024, the U.S. District Court for the Northern District of Alabama held the Corporate Transparency Act (the “CTA”) to be unconstitutional. The plaintiffs, National Small Business United d/b/a the National Small...more

UB Greensfelder LLP

Corporate Transparency Act Update

UB Greensfelder LLP on

On March 1, 2024, the U.S. District Court for the Northern District of Alabama, Northeastern Division published an opinion finding that the Corporate Transparency Act (the “CTA”) is unconstitutional as exceeding the U.S....more

Eversheds Sutherland (US) LLP

The Corporate Transparency Act is unconstitutional - For some, and for now

On March 1, 2024, the United States District Court for the Northern District of Alabama found that the Corporate Transparency Act (CTA) is unconstitutional because it exceeds Congress’ legislative power. The 53-page opinion...more

66 Results
 / 
View per page
Page: of 3

"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