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Corporate Transparency Act Ruling from the U.S. Supreme Court

Client Alert

Over the past several weeks, the federal judiciary has provided numerous rulings on the enforceability of the Corporate Transparency Act (“CTA”), which took effect on January 1, 2024. For a more detailed overview on the CTA, click here.

Most recently, on December 26, 2024, the United States Court of Appeals for the Fifth Circuit reinstated a previous injunction barring enforcement of the CTA’s filing requirement for entities throughout the country.

Yesterday, the U.S. Supreme Court granted the government’s appeal of the Fifth Circuit’s December 26 decision, lifting the nationwide injunction. While many interpreted this ruling to reinstate the CTA’s reporting requirement, recent guidance from the Financial Crimes Enforcement Network (“FinCen”) makes clear that enforcement of the CTA’s filing requirement is still barred nationwide.

While the U.S. Supreme Court lifted the injunction on appeal before the Fifth Circuit, a separate nationwide injunction issued by a different federal judge on January 7, 2025 (Smith v. U.S. Department of the Treasury, Case No. 6:24-cv-336-JDK) remains in effect. FinCen continues to accept voluntary reporting, but as of this publication, businesses are not required to comply with the CTA’s filing requirements.

For guidance on complying with these updated requirements, business owners should reach out to their BMD legal advisors or contact BMD Member Blake Gerney at brgerney@bmdllc.com.


Lead Paint Contamination and Resources for Ohio Landlords

Children are exposed to lead-based paint, which was used in most homes until it was banned in the US in 1978 and “can severely damage the brain and central nervous system causing coma, convulsions and even death.” Property owners and landlords should educate themselves on regulations and resources to mitigate their own liability.

Will Student-Athlete Collectives Survive NIL Changes?

By July 2025 the landscape of student-athlete funding will look nothing like the current landscape, so preparing now is a must. If you are a student-athlete, the parent of a student-athlete, a university/college, or “booster”, it behooves you to understand these evolving issues.

Ohio's Recent Rule Changes to Administration of Immunizations, Outpatient Pharmacy Delivery, and Mobile Response Services

The Ohio Board of Pharmacy (“BOP”) and Ohio Department of Mental Health and Addiction Services (“OMHAS”) recently posted notices of Ohio Administrative Code rule changes related to the administration of immunizations (BOP), outpatient pharmacy delivery services (BOP), and mobile response and stabilization services (OMHAS).

HOA Construction Project Do’s and Don’ts

Local regulators can approve new construction, but if a resident contacts their homeowners association there may be trouble. Fences, yard alterations, and backyard decks do not have to be such a hassle and a point of conflict. Find out general Do’s and Don’ts to help HOA residents avoid issues in this article by BMD Partner Scott Heasley.

New Ohio Recovery Housing Rules Take Effect January 1, 2025

Ohio’s new recovery housing rules, effective January 1, 2025, require certified community behavioral health providers to refer clients only to accredited recovery housing residences listed on the statewide registry.