Business & Corporate Law

After a 6-week hiatus, I am back again with more updates about the Corporate Transparency Act’s (CTA) journey through federal court. For those of you tuning back in, this post relates to our firm’s series about the Corporate Transparency Act and Beneficial Ownership Reporting. Please follow the link here to see all our firm’s posts on this topic.

When I last posted about legal challenges to the Corporate Transparency Act in federal court (see here), a federal court
Continue Reading The Corporate Transparency Act is Here (Kind of). Now It’s in Court (Several More Times)?

In an alert posted this morning, FinCEN has announced that reporting companies are not currently required to file beneficial ownership reports even with the U.S. Supreme Court’s order yesterday.

Instead of issuing a new deadline for filing reports, FinCEN stated that despite the Supreme Court granting a stay (i.e., pause) of the nationwide block on enforcing the CTA, another nationwide order issued by a federal judge on January 7th remains in place (Smith v. U.S. Department of
Continue Reading CTA Reporting Requirements Paused – FinCEN Under Pressure

Cultural competency refers to the ability to understand, communicate, and interact effectively with people from different cultural backgrounds.1 For attorneys, this means recognizing and respecting clients’ values, traditions, and perspectives while tailoring their approach to meet specific needs. This skill requires more than just awareness; it requires understanding different perspectives, reflecting on biases, expanding cultural knowledge, and building cross-cultural competencies. ​

Nancy Martinez Ramirez, is a member of the Marquette University Law School Class of 2026, in
Continue Reading Cultural Competency Is an Essential Attorney Skill

The Corporate Transparency Act (“CTA”) and its beneficial ownership reporting requirements are back in effect. Earlier today, the U.S. Supreme Court granted the federal government’s request to stay (i.e., pause) the nationwide block on enforcing the CTA.

The merits of the CTA are still under review by the 5th Circuit Court of Appeals, with oral arguments scheduled for March 25, 2025. With the Supreme Court’s decision today, the CTA is currently enforceable unless the 5th Circuit rules otherwise based
Continue Reading Livin’ on a Stay: The CTA Saga Continues

The incoming U.S. Presidential administration is loudly signaling that businesses should expect changes in trade policies in 2025. Although no specific policies have yet been promulgated, the President-Elect has stated in social media outlets that broadly sweeping import tariffs may be imposed on goods from Mexico, Canada and China. Even without policy details, there are key steps many U.S. businesses should consider in advance of any specific changes.

First, any business that exports goods, services or information, should have
Continue Reading Taking Stock of Trade Issues in 2025

January 3, 2025
The Corporate Transparency Act (“CTA”) has been on a journey this past month with a whirlwind of court rulings: halted by a federal district court, reinstated by the Fifth Circuit’s motions panel, had its reporting deadlines extended by FinCEN, and then halted again by the Fifth Circuit’s merits panel. Amidst all this back-and-forth, predicting what will happen next can be challenging, but here are a few possible scenarios.

(1) The Fifth Circuit Court of Appeals Briefing
Continue Reading The CTA Journey – It Goes On and On and On

The U.S. Fifth Circuit Court of Appeals reinstated a nationwide injunction on the reporting of beneficial ownership information under the Corporate Transparency Act. The injunction issued by a Texas federal court in early December had been overturned last week by a different Fifth Circuit panel.

For now, reporting companies are (again) no longer required to report beneficial ownership information, but reporting of beneficial ownership under the CTA could be required in the future.  The Fifth Circuit will hear arguments
Continue Reading Corporate Transparency Act Blocked Again

December 27, 2024
The U.S. Court of Appeals for the Fifth Circuit has once again vacated enforcement of the Corporate Transparency Act (CTA) and its reporting requirements. This latest decision temporarily halts the mandate for entities to disclose beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN), reinstating a pause on compliance obligations.

The appellate court’s panel emphasized preserving the “constitutional status quo” while evaluating substantive legal challenges to the CTA. This follows a sequence of rulings that
Continue Reading Oops! …The Court of Appeals Did It Again – CTA Halted!

On December 23, 2024, the U.S. Court of Appeals for the Fifth Circuit stayed a preliminary injunction of the Corporate Transparency Act. As a result, the U.S. federal government is again able to enforce the CTA, which includes the reporting of beneficial ownership information. Shortly after the Fifth Circuit issued the stay, the U.S. Financial Crimes Enforcement Network extended the filing deadlines for certain reporting companies to submit beneficial ownership information. The response to the Fifth Circuit’s decision by
Continue Reading Corporate Transparency Act Reinstated With New Reporting Deadlines

FinCEN has extended the reporting deadline for companies created or registered before January 1, 2024, to January 13, 2025. In an alert posted Tuesday night, FinCEN recognized that “reporting companies may need additional time to comply given the period when the preliminary injunction had been in effect.” Previously, the reporting deadline for these companies was January 1, 2025.

FinCEN also extended the deadline to January 13, 2025, for companies created on or after September 4, 2024, that had
Continue Reading FinCEN Announces New January 13, 2025, Deadline for Most CTA Filings

The Corporate Transparency Act (“CTA”) and its reporting requirements are back in effect. The Fifth Circuit Court of Appeals has granted the U.S. Government’s motion for an emergency stay of the nationwide CTA injunction. This means the federal injunction that sought to overrule or pause the CTA is temporarily halted. As a result, reporting companies formed before January 1, 2024 are once again obligated to complete their required CTA beneficial owner information reports by the January 1, 2025 reporting
Continue Reading The CTA is Back, Back Again

Beginning January 1, 2025, Wisconsin will implement a new excise tax on electric vehicle (EV) charging stations under 2023 Wisconsin Act 121. If your business owns, operates, manages, or leases EV charging stations, here’s what you should know:

Who Must Register: Any business delivering electricity through EV charging stations must register with the Wisconsin Department of Revenue using the Online Business Tax Registration system. This requirement applies regardless of whether:

    • The charging station is open to the public or


Continue Reading Reminder: Wisconsin Electric Vehicle Charging Station Excise Tax and Registration Requirements Begin Jan. 1, 2025

My pause on BOI blogging content was solid, but recent events in federal court have caused me to spring back into action. For those of you tuning back in, this post relates to our firm’s series about the Corporate Transparency Act and Beneficial Ownership Reporting. Please follow the link here to see all our firm’s posts on this topic.

When I last posted about legal challenges to the Corporate Transparency Act in federal court (see here), a
Continue Reading The Corporate Transparency Act is Here (Kinda). Now It’s in Court (Again)?

What happened?

On December 3, 2024, a federal district court in Texas found the Corporate Transparency Act (the “CTA”) to be unconstitutional and issued a nation-wide order to ban it. The case before the court was Texas Top Cop Shop, Inc., et al. v. Garland, et. al, Case No. 4:24-cv-478 (E.D. Tex.). This means that companies do not need to comply with the CTA’s reporting deadlines.

What is the Corporate Transparency Act?

The CTA would have required the vast
Continue Reading No Need to Report – CTA Blocked

It is safe to say that the Federal Bench in Texas is at it again.  Just a few months ago, the Northern District of Texas struck down the Federal Trade Commission’s nationwide ban on non-compete agreements just days before it was set to take effect.  Ryan LLC v. Federal Trade Commission, No. 3:24–cv–986-E (N.D. Tex.).  Now, on December 4, 2024, the Eastern District of Texas just issued a temporary injunction prohibiting the Federal Government from enforcing the Corporate Transparency
Continue Reading Don’t Mess with Texas: Corporate Transparency Act Is Unenforceable (for now)

The U.S. Government has appealed a federal judge’s order temporarily blocking the enforcement of the Corporate Transparency Act (CTA). As a result, the case is now headed to the Fifth Circuit Court of Appeals.

Currently, reporting companies are not required to submit filings. FINCEN has acknowledged this in a recent update to its website, stating: “Reporting companies are not currently required to file a BOIR and are not subject to liability if they fail to do so while
Continue Reading U.S. Government Appeals Block on CTA Enforcement