Corporate Transparency Act Injunction Reinstated as Fifth Circuit Expedites Appeal
December 27, 2024
On December 26, 2024, the Fifth Circuit vacated its December 23 stay of the nationwide preliminary injunction against the Corporate Transparency Act (“CTA”) “in order to preserve the constitutional status quo” while the Circuit’s “merits panel considers the parties’ weighty substantive arguments.”1 This most recent Order reinstates the December 3 nationwide preliminary injunction issued by the District Court in Texas Top Cop Shop, Inc., et al. v. Garland, et al.2 The Fifth Circuit also announced an expedited briefing and oral argument schedule. As a result of this most recent Order, CTA beneficial ownership information reporting and enforcement of the CTA are once again stayed until further notice.
The briefing and oral argument schedule for the appeal is below:
- Appellants’ brief is due on 02/07/2025
- Appellees’ brief is due on 02/21/2025
- Appellants’ reply brief is due on 02/28/2025
- Oral arguments will be held on 3/25/2025
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O’Melveny & Myers will continue to provide updates as circumstances evolve. We can help with any questions you may have about the CTA. Feel free to contact our team of experts.
1 Texas Top Cop Shop, Inc. v. Garland, et. al., No. 24-40792, 2024 WL 5203138 (5th Cir. Dec. 23, 2024).
2 Texas Top Cop Shop, Inc., et al. v. Garland, et al., E.D. Tex., Case No. 4:24-cv-00478-ALM; 24-40792.
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