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Temporary relief from compliance obligations under the Corporate Transparency Act
FEATURED
December 5, 2024
Temporary relief from compliance obligations under the Corporate Transparency Act
By: Steven Eichorn
On December 3, 2024, a U.S. District Court[1] issued a nationwide preliminary injunction that enjoins the federal government from enforcing the Corporate Transparency Act (the CTA). The CTA requires “reporting companies” in the United States to disclose basic identifying information about their beneficial owners — the individuals who ultimately own or control a company — to the Treasury Department’s Financial Crimes Enforcement Network (FinCEN). The court issued the injunction because (i) the CTA represents a federal attempt to usurp a power left to the states since it is monitoring companies created under state law, and, under the Constitution, the federal government cannot interfere with the state’s rights in creating corporations, and, (ii) the CTA aims to terminate an attractive feature…
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Will Free Speech Become Expensive for Big Tech?
December 2, 2024
Will Free Speech Become Expensive for Big Tech?
By: James Trusty
Section 230 of the Communications Decency Act[1] is the federal law that allows internet platforms to host online content without fear of lawsuits based on third party content. In other words, for hosting free speech, internet providers are given immunity from liability if the speech somehow crosses the line from protected free speech into unprotected territory (defamatory, criminal solicitation, etc.). With the recent presidential and…
Dolce Vita Ruling a Win for Cookies and Pixels Alike
November 21, 2024
Dolce Vita Ruling a Win for Cookies and Pixels Alike
By: Robert Ward
In recent years, companies in industries from media to healthcare have faced a rash of lawsuits challenging their use of common web tracking technologies such as the Meta Pixel. These cases generally allege that the use of such tracking technologies violates common law privacy protections and a wide range of state and federal privacy statutes. Late last month, in Vita v. New England Baptist Hospital,…
The Extraordinary Reach of FTC Ex Parte
February 6, 2018
The Extraordinary Reach of FTC Ex Parte
By: Ifrah Law
The Federal Trade Commission (“FTC”) is granted extraordinary authority to participate in ex parte discussions with judges, conduct investigations and enact enforcement actions like asset freezes and TROs without notice to the parties it is targeting. Often the first time a company learns it is under investigation is when it is served a subpoena and its business operations are shut down. Usually the process of…
Social Media’s Hesitation to Promote Cryptocurrencies Explained
February 5, 2018
Social Media’s Hesitation to Promote Cryptocurrencies Explained
By: Ifrah Law
In a paradox of sorts, cryptocurrency’s continued survival may hinge on its submission to greater regulatory oversight. Such a notion is paradoxical in the sense that cryptocurrency’s origins can be traced to a “stick it to the man” mentality in which currency is decentralized and not tied to any one governmental body. Thus, submitting to regulatory oversight seems anathema to cryptocurrency’s credo. That is, until…
Assert Your FTC Defense Before It’s Too Late
February 1, 2018
Assert Your FTC Defense Before It’s Too Late
By: Ifrah Law
The Federal Trade Commission (“FTC”) is granted extraordinary authority to conduct investigations without giving notice to the companies in its sightlines, and the agency can enact sudden and unforeseen enforcement actions like asset freezes and TROs which take its targets completely by surprise. Often a company’s first clue it is under investigation is when it is served a subpoena and its business operations are shut…
2018: The End of Cryptocurrencies?
January 22, 2018
2018: The End of Cryptocurrencies?
By: Steven Eichorn
Cryptocurrencies (e.g. Bitcoin) took the broader public by storm in 2017 and had a breakout year. There were outsized and even unprecedented returns, along with extreme volatility and even more extreme volatility. The question for 2018 is whether cryptocurrencies had their “fifteen minutes of fame” or they are here to stay? Blockchain technology (which is widely understood to have huge upside benefits) is distinct from…
Mount Sinai Health System Defeats TCPA Action for Flu Shot Reminder
January 18, 2018
Mount Sinai Health System Defeats TCPA Action for Flu Shot Reminder
By: Michelle Cohen
No one likes being on the receiving end of an immunization shot, but many of us submit to a flu shot each fall or winter. David Latner, a patient of the Mount Sinai Health System’s West Park Medical facility, apparently found a single text from West Park reminding him about flu shots to be alarming in its own right (and an opportunity to sue). Latner…
