Litigation Update: The Future of the Corporate Transparency Act

The Corporate Transparency Act (CTA) is a sweeping federal statute requiring individuals with significant interests in LLCs and other entities registered under state or tribal law to disclose personal information, unless explicitly exempt. This information is stored in a Treasury Department database maintained by the Financial Crimes Enforcement Network (FinCEN) and accessible by the IRS, federal and foreign law enforcement, and intelligence agencies without court approval. (State authorities must obtain judicial authorization.) Affecting over 32 million entities, the CTA imposes severe penalties for noncompliance, including fines of up to $10,000 and imprisonment. Initially set to take effect on January 1, 2025, for pre-existing entities, the implementation timeline has been disrupted by legal challenges.

Join us as we delve into the constitutional controversies surrounding the CTA. Our speaker, Prof. Thomas Lee, was the lead lawyer in NSBA v. Yellen, the first of the CTA lawsuits filed in the Northern District of Alabama in November 2022. The district court issued a permanent injunction on March 1, 2024, igniting a wave of similar lawsuits, including Texas Top Cop Shop, where a nationwide preliminary injunction was granted in May 2024.

The Supreme Court is currently considering a stay application in Texas Top Cop Shop, and the Eleventh Circuit's decision on the government's appeal in NSBA v. Yellen remains pending. Prof. Lee will provide insights into these pivotal cases and their broader implications for federal regulatory authority and individual rights under the Constitution.

Featuring: 

Prof. Thomas Lee, Leitner Family Professor of International Law; Director of Graduate and International Studies, Fordham University School of Law

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.