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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,…
CFPB’s First Case: Consent Order Against Capital One for Deceptive Marketing
July 20, 2012
CFPB’s First Case: Consent Order Against Capital One for Deceptive Marketing
By: Michelle Cohen
The barely year-old Consumer Financial Protection Bureau came out of the gate this week with its first enforcement action. Capital One has the dubious honor of being CFPB’s premier target under the bureau’s authority to take action against entities that it believes engage in unfair, deceptive, or abusive practices in the offering of consumer financial products and services. Congress created the CFPB as part of…
In Time for Bikini Season, Kardashians Face Lawsuit Over Endorsement of Diet Aids
July 6, 2012
In Time for Bikini Season, Kardashians Face Lawsuit Over Endorsement of Diet Aids
By: Nicole Kardell
Kim Kardashian, the reality star, is accustomed to the public eye, but now she faces a lawsuit that may not bring her good publicity at all. Along with her sisters Khloe and Kourtney, Kim has been named as a defendant earlier this year in a class action over QuickTrim, a dietary supplement that they have been promoting. The complaint, filed in the U.S. District Court…
High Court Tosses Out Indecency Cases, Finds FCC Didn’t Give Proper Notice to Broadcasters
June 22, 2012
High Court Tosses Out Indecency Cases, Finds FCC Didn’t Give Proper Notice to Broadcasters
By: Michelle Cohen
On June 21, 2012, in FCC v. Fox Television Stations Inc., the U.S. Supreme Court struck down the Federal Communications Commission’s effort to apply its indecency standard to brief broadcasts of nudity and “fleeting expletives.” But the Court relied not on the First Amendment’s free-speech guarantees but rather on the Fifth Amendment’s due process clause. The Court held that Fox and ABC were not given…
Domain Names Go Creative: Will We Soon See Dot-Poker?
June 13, 2012
Domain Names Go Creative: Will We Soon See Dot-Poker?
By: Ifrah Law
Domain names on the Internet are about to get much more varied and creative. Soon websites will not just end in the few familiar suffixes like “com” or “edu,” but could end in things like “.movie” or ”.lawyer” or “.lol.” On Wednesday, the Internet Corporation for Assigned Names and Numbers (ICANN), the organization tasked with regulating Internet domain names, released a list detailing who has…
Why POM Wonderful Can Celebrate FTC Judge’s Ruling in Advertising Case
May 23, 2012
Why POM Wonderful Can Celebrate FTC Judge’s Ruling in Advertising Case
By: Nicole Kardell
Pomegranate juice maker POM Wonderful has declared victory against the FTC . . . in spite of an administrative law judge’s ruling that upholds many claims in the agency’s complaint. But the California company has good reason to celebrate: certain FTC standards, the ones that POM cried foul on, were rejected by the court. The epic battle between POM Wonderful and the FTC began roughly…
