Schwartz, Counsellors at Law Counsellors at Law
  • Portugués
  • Español
  • Chinese

Recent Blog Posts

Jan. 13 – DOJ Files its US Supreme Court Reply in Texas Top Cop Shop

By Schwartz LLC |

Solicitor General Elizabeth Prelogar submitted the Department of Justice’s reply on its request to the US Supreme Court to reverse the Fifth Circuit Court of Appeals’ decision to keep in place Texas Eastern District Court Judge Mazzant’s nationwide injunction pending a decision on the merits. You can read the DOJ’s reply here. Solicitor General… Read More »

Jan. 10 – Texas Top Cop Shop submits response; Twelve more amicus briefs oppose the CTA.

By Schwartz LLC |

Texas Top Cop Shop submitted its response and twelve more amicus briefs opposing the CTA were submitted to the U.S. Supreme Court today. Eleven of the amicus briefs were filed by  organizations and one was filed by U.S. Senator Lummis of Wyoming and the Wyoming Secretary of State. The response and the amici briefs… Read More »

Jan. 9 – Twenty-Five States Filed a Joint Amicus Brief Supporting the Constitutional Challenge to the Corporate Transparency Act.

By Schwartz LLC |

Twenty-five state attorneys general filed an amicus brief to the U.S. Supreme Court in the Texas Top Cop Shop v. Garland case challenging the constitutionality of the Corporate Transparency Act. “[T]he CTA’s requirements are no mere inconvenience. Apart from being illegal, they hurt the States and the people that do business in and otherwise… Read More »

Dec. 31: The US Department of Justice has requested the U.S. Supreme Court to allow enforcement of the Corporate Transparency Act pending appeal.

By Schwartz LLC |

Bloomberg Law reported on December 31 that “The US Department of Justice asked the US Supreme Court to halt a nationwide injunction against the Corporate Transparency Act, a move that would allow enforcement of the anti-money laundering law during an appeal.”  (Quinn Wilson, “US Asks Supreme Court to Unblock Corporate Transparency Act“, Bloomberg Law,… Read More »

Dec. 26: Latest Breaking News on CTA: Fifth Circuit vacates stay of District Court’s injunction; will hear case on expedited review. BOI Reports are again voluntary until further notice — but legal entities should prepare to file at a moment’s notice.

By Schwartz LLC |

The Court of Appeals for the Fifth Circuit today vacated the earlier stay of the district court’s temporary injunction. Beneficial Owner Information reports are once again voluntary, while the injunction remains in place. The Fifth Circuit’s calendar indicates oral arguments have been scheduled for March 25, 2025. Edited on 1/1/2025: The Department of Justice… Read More »

Dec. 23: Fifth Circuit Court of Appeals Stay of District Court’s Injunction Reinstates CTA Beneficial Owner Reporting at Eleventh Hour, and FinCEN Grants a Short Extension for Filing.

By Schwartz LLC |

The Fifth Circuit Court of Appeals has issued an order staying the injunction issued earlier this month by a federal district court in Texas, which had barred enforcement of the Corporate Transparency Act. The effect of this disappointing order is to reinstate the Corporate Transparency Act, including the requirement to file Beneficial Owner Information…. Read More »

Dec. 3: U.S. District Court Opinion and Injunction Barring Enforcement of Corporate Transparency Act (Texas Top Cop Shop, Inc., et al. v. Garland, et al., Dec. 3, 2024, E. Dist. Texas).

By Schwartz LLC |

N.b.:  This injunction was briefly stayed on Dec. 23 by an order of the Fifth Circuit Court Of Appeals, but the Fifth Circuit vacated the stay on Dec. 26. Accordingly, the district court’s injunction stands for the time being, until the Fifth Circuit Court Of Appeals hears arguments and makes its decision. Until then,… Read More »

Mar. 1: Federal District Court finds Corporate Transparency Act unconstitutional.

By Schwartz LLC |

On March 1, 2024, the US District Court for the Northern District of Alabama, in NSBU v. Yellen, entered a final declaratory judgment finding the CTA unconstitutional, as exceeding constitutional limits on Congress’s power, and permanently enjoined enforcement of the CTA against the plaintiffs in the case. Judge Strikes Down Law Requiring Corporate-Ownership Disclosure… Read More »

SEC Division of Examinations Publishes ESG Investing Risk Alert

By Schwartz LLC |

The SEC’s Division of Examinations issued a Risk Alert on April 9, 2021 highlighting observations from its recent exams of investment advisers, registered investment companies, and private funds offering environmental, social, and governance (ESG) products and services. The risk alert is available at: https://www.sec.gov/files/esg-risk-alert.pdf?utm_medium=email&utm_source=govdelivery. esg-risk-alert.pdf (sec.gov)