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Supreme Court allows small business registration rule to take effect
U.S. Legal News | 2025/01/24 00:48
The Supreme Court Revives Corporate Transparency Act, Mandating Small Business Registration

The Supreme Court has reinstated a key provision of the Corporate Transparency Act (CTA), requiring owners of over 32.6 million small businesses to register personal information with the Treasury Department’s Financial Crimes Enforcement Network (FinCEN). This act, designed to combat money laundering and the misuse of anonymous shell companies, was previously blocked by a federal judge in Texas and held by the 5th U.S. Circuit Court of Appeals.

[Image credit: Pexel]

Key Details of the Ruling:

  • What is Required: Small business owners must provide personal information, including photo IDs and home addresses, to FinCEN.
  • Purpose: To deter financial crimes and increase transparency in corporate ownership.
  • Legal Challenges: Opposed by Republican-led states, conservative groups, and business associations, the law was initially struck down on grounds that Congress overstepped its authority.

Reactions:

  • Supporters: Labor, environmental, and progressive groups applaud the decision as a win for transparency.
  • Opponents: Business organizations express concerns about compliance challenges and legal uncertainty. The National Small Business Association and Small Business & Entrepreneurship Council have called for clarity and leniency for late filers.

Next Steps:

  • The Supreme Court’s decision allows enforcement to proceed while the Texas case continues.
  • Advocates for repeal, including business leaders, urge Congress to reassess the mandate.

This decision marks a significant step in the federal government’s efforts to curb illicit financial activities, though its future enforcement and impact remain subjects of heated debate.



South Korea’s Yoon defends his martial law decree - BLOG
Attorneys News | 2025/01/23 00:49
[Image credit: Wikipedia]

In a significant legal development, a federal judge has temporarily blocked President Donald Trump's executive order aimed at ending birthright citizenship. This executive order sought to redefine the 14th Amendment's Citizenship Clause, which grants citizenship to all individuals born on U.S. soil. The order specifically targeted children born to undocumented immigrants and those on temporary visas.

On January 23, 2025, U.S. District Judge John C. Coughenour, appointed by President Reagan, issued a temporary restraining order, labeling the executive action as "blatantly unconstitutional." This decision came in response to lawsuits filed by several states and civil rights organizations, which argued that the order violated the 14th Amendment.

The 14th Amendment clearly states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." Legal experts have long interpreted this to mean that anyone born on U.S. soil, regardless of their parents' immigration status, is automatically granted citizenship. The Supreme Court reinforced this interpretation in the 1898 case of United States v. Wong Kim Ark, affirming that the Constitution grants birthright citizenship to almost all children born in the United States.

In response to the ruling, President Trump has indicated his intention to appeal, setting the stage for a potentially prolonged legal battle that could escalate to the Supreme Court. This development underscores the ongoing tensions surrounding immigration policy and constitutional rights in the United States.


Breaking Legal News Legal Business Law Center Court Watch Antitrust Bankruptcy Business Civil Rights Class Action Consumer Rights Corporate Governance Criminal Law Entertainment Environmental Fami..
U.S. Legal News | 2025/01/22 00:50
In a significant policy shift, President Donald Trump has signed an executive order temporarily suspending all U.S. foreign assistance programs for 90 days. This suspension is intended to allow for a comprehensive review to ensure that these programs align with American interests and values.
AP News

The executive order mandates that all departments and agencies responsible for U.S. foreign development assistance immediately pause new obligations and disbursements of funds to foreign countries, non-governmental organizations, international organizations, and contractors. This pause will remain in effect pending reviews of such programs for efficiency and consistency with U.S. foreign policy.

Secretary of State Marco Rubio emphasized the administration's approach during his confirmation hearing, stating, "Every dollar we spend, every program we fund, and every policy we pursue must be justified with the answer to three simple questions: Does it make America safer? Does it make America stronger? Does it make America more prosperous?"

Consequently, Trump declared that “no further United States foreign assistance shall be disbursed in a manner that is not fully aligned with the foreign policy of the President of the United States.”

[Image credit: Pexel]

Secretary of State Marco Rubio told members of the Senate Foreign Relations Committee during his confirmation hearing last week that “every dollar we spend, every program we fund, and every policy we pursue must be justified with the answer to three simple questions:

Trump's Foreign Aid Suspension Raises Global Concerns
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Court declines to hear from gas companies trying to block climate change lawsuits
Class Action News | 2025/01/22 00:49
The Supreme Court said Monday it won’t hear an appeal from oil and gas companies trying to block lawsuits seeking to hold the industry liable for billions of dollars in damage linked to climate change.

The order allows the city of Honolulu’s lawsuit against oil and gas companies to proceed. The city’s chief resilience officer, Ben Sullivan, said it’s a significant decision that will protect “taxpayers and communities from the immense costs and consequences of the climate crisis caused by the defendants’ misconduct.”

[Image credit: Wikipedia]
The oil and gas industry is grappling with a growing number of lawsuits claiming the sector misled the public about its role in climate change. States like California, Colorado, and New Jersey are suing for billions in damages linked to wildfires, sea-level rise, and severe weather. This legal wave reflects an increasing use of courts to drive climate action globally.

Hawaii's Supreme Court allowed a lawsuit filed by Honolulu against major companies, including Sunoco, Shell, Chevron, ExxonMobil, and BP, to proceed. These corporations, many based in Texas, argue that emissions are a national issue requiring federal jurisdiction, where they have historically succeeded in dismissing such cases. Their Supreme Court appeal was declined, leaving the matter in state court.

The companies’ legal team emphasized the case's high stakes, warning that these lawsuits could undermine a critical national industry. The American Enterprise Institute echoed these concerns, suggesting the cases might empower activists to act as de facto energy regulators.

The Biden administration supported the lawsuit remaining in state court, though it noted that companies might ultimately prevail. In contrast, the incoming Trump administration is expected to adopt policies favoring the fossil fuel industry and opposing stringent environmental laws.

Honolulu claims the companies engaged in deceptive marketing under state laws, a matter the city argues falls within state jurisdiction. Meanwhile, the Supreme Court's track record on environmental regulations under its conservative majority includes limiting the EPA’s authority in cases like the regulation of power plant emissions.

Justice Samuel Alito recused himself from the appeal, likely due to his financial ties to the companies involved. This marks another high-profile climate case amidst increasing scrutiny of corporate responsibility for environmental impacts.


Florida Attorney General Ashley Moody will fill Marco Rubio’s Senate seat
Business Law Info | 2025/01/18 17:40
Florida Attorney General Ashley Moody will take Marco Rubio ’s seat in the U.S. Senate, Gov. Ron DeSantis announced Thursday, making Moody only the second woman to represent Florida in the chamber.

Elected as the state’s top law enforcement officer in 2018, Moody campaigned on a pledge to voters that she’d be a prosecutor, not a politician. But along with DeSantis, she boosted her political profile during the onset of the COVID-19 pandemic, calling on the federal government to “hold China responsible” for the outbreak.

In elevating her to the post, DeSantis praised Moody as a key player in his political battles, a law and order prosecutor who’s prepared to help President-elect Donald Trump “secure and shut the border,” rein in inflation, and overhaul what he described as a federal bureaucracy “run amok.”

“I’m ready to show up and fight for this nation and fight for President Trump to deliver the America First agenda on Day 1,” Moody said during Thursday’s announcement at a hotel in Orlando.

“The only way to return this country to the people, the people who govern it, is to make sure we have a strong Congress doing its job, passing laws and actually approving the regulations that these unelected bureaucrats are trying to cram down on the American people,” she added.

Before running for statewide office, Moody worked as a federal prosecutor. In 2006, she was elected to the post of circuit judge in Hillsborough County, home to Tampa. A fifth generation native of Plant City, Florida, Moody was once named queen of the city’s famed strawberry festival. She’s a three-time graduate of the University of Florida and she and her husband, a law enforcement officer, have two sons.

As the state’s attorney general, Moody has been instrumental in defending DeSantis’ conservative agenda in court and has joined other Republican-led states in challenging the Biden administration’s policies, suing over changes to immigration enforcement, student loan forgiveness and vaccine mandates for federal contractors.

“I’m happy to say we’ve had an Attorney General that is somebody that has acted time and time again to support the values that we all share,” DeSantis said. “We in Florida established our state as a beachhead of liberty, as the free state of Florida. And she was with us every step of the way.”

Moody isn’t the state’s only AG to use the office as a stepping stone to a national post. Her predecessor, Pam Bondi, is Trump’s pick to lead the Justice Department and is testifying Thursday in the Senate.

Moody will be the second woman to represent the state in the Senate, and the first in nearly 40 years; Republican Paula Hawkins served in the chamber from 1981-1987.

With the appointment announced, Moody is poised to take office once the vacancy occurs. Rubio is expected to have broad support from Republicans as well as Democrats, and his confirmation vote could come as soon as Monday evening.

Under Florida law, it was up to the Republican governor to choose Rubio’s replacement after Trump picked the three-term senator to be his next secretary of state. Moody will serve in the Senate until the next general election in 2026, when the seat will be back on the ballot.


Americans’ trust in nation’s court system hits record low, survey finds
Criminal Law Updates | 2025/01/14 01:41
At a time of heightened political division, Americans’ confidence in their country’s judicial system and courts dropped to a record low of 35% this year, according to a new Gallup poll.

The United States saw a sharp drop of 24 percentage points over the last four years, setting the country apart from other wealthy nations where most people on average still express trust in their systems.

The results come after a tumultuous period that included the overturning of the nationwide right to abortion, the indictment of former President Donald Trump and the subsequent withdrawal of federal charges, and his attacks on the integrity of the judicial system.

The drop wasn’t limited to one end of the political spectrum. Confidence dropped among people who disapproved of the country’s leadership during Joe Biden’s presidency and among those who approved, according to Gallup. The respondents weren’t asked about their party affiliations.

It’s become normal for people who disapprove of the country’s leadership to also lose at least some confidence in the court system. Still, the 17-point drop recorded among that group under Biden was precipitous, and the cases filed against Trump were likely factors, Gallup said.

Among those who did approve of the country’s leadership, there was an 18-point decline between 2023 and 2024, possibly reflecting dissatisfaction with court rulings favoring Trump, Gallup found. Confidence in the judicial system had been above 60% among that group during the first three years of Biden’s presidency but nosedived this year.

Trump had faced four criminal indictments this year, but only a hush-money case in New York ended with a trial and conviction before he won the presidential race.

Since then, special counsel Jack Smith has ended his two federal cases, which pertained to Trump’s efforts to overturn his 2020 election loss and allegations that he hoarded classified documents at his Mar-a-Lago estate in Florida. A separate state election interference case in Fulton County, Georgia, is largely on hold. Trump denies wrongdoing in all.

Other Gallup findings have shown that Democrats’ confidence in the Supreme Court dropped by 25 points between 2021 and 2022, the year the justices overturned constitutional protections for abortion. Their trust climbed a bit, to 34%, in 2023, but dropped again to 24% in 2024. The change comes after a Supreme Court opinion that Trump and other former presidents have broad immunity from criminal prosecution.

Trust in the court among Republicans, by contrast, reached 71% in 2024.

The judicial system more broadly also lost public confidence more quickly than many other U.S. institutions over the last four years. Confidence in the federal government, for example, also declined to 26%. That was a 20-point drop ? not as steep as the decline in confidence in the courts.

The trust drop is also steep compared with other countries around the world. Only a handful of other countries have seen larger drops during a four-year period. They include a 46-point drop in Myanmar during the period that overlapped the return of military rule in 2021, a 35-point drop in Venezuela amid deep economic and political turmoil from 2012 to 2016 and a 28-point drop in Syria in the runup and early years of its civil war.

The survey was based on telephone interviews with a random sample of 1,000 U.S. adults between June 28 and August 1.


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