The Legal BriefCTA UPDATE: Beneficial Ownership Information Reports Now Due on March 21, 2025February 19, 2025 On Tuesday, February 18, 2025, the United States District Court for the Eastern District of Texas in Smith v. United States Department of the Treasury stayed its January 7, 2025 order enjoining the Treasury from enforcing the Corporate Transparency Act (CTA) against the Plaintiffs and their related entities and staying the effective date of the reporting rule. This means the Financial Crimes… The Supreme Court Enters the CTA FightJanuary 24, 2025 On Thursday, January 23, 2025, the United States Supreme Court issued an order granting the government’s motion to stay the nationwide injunction against the Corporate Transparency Act (“CTA”) in Texas Top Cop Shop, Inc. v. McHenry (formerly, Texas Top Cop Shop, Inc. v. Garland). But that doesn’t mean the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) is now free to enforce the… Update on CTA: 5th Circuit WhiplashDecember 27, 2024 No sooner had the stay been lifted, when the 5th Circuit Court of Appeals has reversed course again, and the motion to stay the enforcement of the CTA has been reinstated. This means that the January 13 deadline discussed below has been stayed again and businesses will not have to file until further action by the Court. The case will likely not be heard in full by the 5th Circuit until March 25.… Corporate Transparency Act Deadline Approaching FastOctober 1, 2024 The deadline for existing companies to comply with the Corporate Transparency Act (“CTA”) is coming up quickly and it is important that you assess your company’s obligations under the Act as soon as possible. Unless it qualifies for an exemption, any entity created by submitting a filing with a Secretary of State or a comparable governmental agency must file a Beneficial Ownership Information… What to Do If You Receive an Office Action for a Trademark Filing with the USPTOSeptember 12, 2024 Receiving an Office Action from the United States Patent and Trademark Office (USPTO) can feel like a setback, but it’s a common part of the trademark registration process. An Office Action is an official letter from the USPTO examiner outlining issues with your application that need to be addressed before your trademark can proceed to registration. Here’s what you need to know—and do—if you… Protecting Your Own Personal BrandJuly 9, 2024 In our modern, digital-centric age, the rise of celebrities and influencers as personal brands has transformed the landscape of intellectual property (IP). The blend of personal identity and commercial enterprise necessitates a nuanced approach to IP protection, especially when your brand is your name. Strategic foresight and early action are paramount. The Financial Landscape Social media… Supreme Court Broadens Damages Scope for Copyright Owners in Landmark RulingMay 10, 2024 In a pivotal decision that gets to the core of copyright law, the U.S. Supreme Court declared that copyright owners could pursue damages for infringements regardless of when they occurred, provided the claim is filed within the statute of limitations. This ruling effectively dismantles the prior constraints imposed by the three-year statute of limitations in such disputes, unless the case… Jackson Kelly Attorneys Evan Kime and Susan Snowden Articles on Artificial Intelligence Published in Latest Edition of the DTCWV "Defender".May 7, 2024 Evan Kime's article titled "Beyond Boundaries: How AI is Poised to Change Healthcare and Challenge Healthcare Law" and Susan Snowden's article titled "Revolutionizing Presentation Strategies with AI: A Legal Perspective," can be found here: The Defender - Spring 2024.pdf
A Federal Court in Alabama Says That the Corporate Transparency Act is Unconstitutional – What Does this Mean for Businesses Subject to the Act?March 6, 2024 On March 1, 2024, the United States District Court for the Northern District of Alabama (Northeastern Division) issued a decision declaring the Corporate Transparency Act (“CTA” or the “Act”) unconstitutional.[1] As we have previously reported, the CTA is part of the Anti-Money Laundering Act of 2000 and was adopted with the intent of providing law enforcement with beneficial ownership… Good News for Users of Credit Reports: West Virginia Federal Court Adopts the “Reason to Believe” Standard For Users of Credit Reports Under 15 U.S.C. § 1681bJanuary 31, 2024 On January 26, 2024, the United States District Court for the Northern District of West Virginia issued an Order dismissing claims made against Jackson Kelly’s clients under the Fair Credit Reporting Act (“FCRA”) in Wyatt v. A&B Sales, Inc., et al., Case No. 5:23-cv-303. In doing so, the court adopted the “reason to believe” standard with respect to the accessing of consumer credit reports under… Update: Understanding the Corporate Transparency Act, Part IIDecember 1, 2023 We recently provided an overview of the Corporate Transparency Act or the “CTA,” which will go into effect on January 1, 2024 and require most businesses to report information about themselves and their owners to the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN). That article is linked here. The article notes that a proposed amendment to the CTA would extend the… Understanding the Corporate Transparency ActNovember 27, 2023 The Corporate Transparency Act or the “CTA,” which requires businesses to report information about themselves and their owners to the U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN), goes into effect January 1, 2024. The volume of information and articles currently available about the Act may make it seem overwhelming, so to make this manageable, here is an… |
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