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Temporary relief from compliance obligations under the Corporate Transparency Act

Temporary relief from compliance obligations under the Corporate Transparency Act

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…

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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,…

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Chevron Overruling Sparks Regulatory Uncertainty Across Industries

July 10, 2024

Chevron Overruling Sparks Regulatory Uncertainty Across Industries

By: Jake Gray

A landmark decision by the Supreme Court overruled 40-year precedent that provided the bedrock for modern federal agency rulemaking and administration. In Loper Bright Enterprises v. Raimondo (2024), alongside its companion case Relentless, Inc. v. Department of Commerce, the Supreme Court overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. (1984), holding that deference to an agency’s interpretation of the statute is inconsistent with…

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Ready, Set, Go: More States Adopt Privacy Laws

July 8, 2024

Ready, Set, Go: More States Adopt Privacy Laws

By: Nicole Kardell

Note the below chart was updated on July 8, 2024 to reflect recent developments. The number of U.S. states that have adopted privacy laws grows regularly. Fortunately, there seems to be quite a bit of crossover, at least when it comes to thresholds that companies must meet in order to trigger compliance requirements. We provide below a chart that summarizes these thresholds by state, including…

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The Supreme Court Strips Nonconsensual Release Power from Bankruptcy Courts

June 28, 2024

The Supreme Court Strips Nonconsensual Release Power from Bankruptcy Courts

By: George Calhoun

In a divided 5-4 decision, the Supreme Court held yesterday that “the bankruptcy code does not authorize a release and injunction that, as part of a plan of reorganization under Chapter 11, effectively seek to discharge claims against a non-debtor without the consent of affected claimants.”  Harrington v. Purdue Pharma, L.P., __ U.S. __ (2024). Although there is a long history of nonconsensual third-party releases…

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Will AI lead Google Paid Advertisers to Ask for a Refund?

June 27, 2024

Will AI lead Google Paid Advertisers to Ask for a Refund?

By: Jake Gray

In May 2024, Google unveiled a suite of new AI products as part of its strategy to reassert its position as a dominant powerhouse in all things technology. This approach includes revamping its Google Search functionality, the product after which it has a verb named, by incorporating its proprietary AI, named Gemini, into Search. Was this a smart move on Google’s part? Or does it…

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Digital Assets as Commodities: Proposed Bill that Would Favor the CFTC as the Primary Regulator of Digital Assets Passed the House

May 31, 2024

Digital Assets as Commodities: Proposed Bill that Would Favor the CFTC as the Primary Regulator of Digital Assets Passed the House

By: Jordan Briggs

Despite being a frequent topic of discussion for government agencies and lawmakers, digital assets and their markets are still largely unregulated in the United States. This is due in part to the debate over which agency should be in control of creating an overarching regulatory framework for digital assets. Instead of proposing new regulatory schemes to fit the innovative technology, the debate in the US…

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Celebrity Endorsements, Online Poker and the FTC

Celebrity Endorsements, Online Poker and the FTC
By: Ifrah Law

Report from an Energized Brand Activation Association Marketing Law Conference

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School Scams: FTC Cracks Down on Florida Online Diploma Mills

School Scams: FTC Cracks Down on Florida Online Diploma Mills
By: Ifrah Law

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