The Miami Beach Bar Association is a voluntary bar organization of attorney and non-attorney associate members living and working in Miami Beach, Florida. The organization believes in giving back to the community through acts of service.

Blayne represents private and public sector clients in litigation across various practice areas, including complex commercial litigation and governmental actions and defense.

Learn more here: https://mbba.wildapricot.org/event-5916151?utm_source=rss&utm_medium=rss

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On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction in the case of Texas Top Cop Shop, Inc. v. Garland, temporarily halting the enforcement of the CTA and its beneficial ownership reporting requirements. The court also stayed all deadlines for compliance.

On December 23, 2024, the U.S. Court of Appeals for the Fifth Circuit issued an order staying the injunction. As a result, reporting companies were once again required to submit beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN). Most companies were required to file by a new, extended deadline of January 13, 2025.

The renewed reporting requirement was short-lived, though, because in yet another turn of events, on December 26, 2024, the same appellate court vacated its stay of the injunction. Accordingly, reporting companies under the CTA are no longer required to file a BOI report while the Court debates the merits of the case. 

Given this continued uncertainty, reporting companies should make a determination as to whether to submit their BOI report voluntarily or await an appellate decision on the injunction. For those companies that decide to wait, completing the analysis to identify their beneficial owners under the CTA may facilitate filing in the event enforcement of the law is reinstated. This is an extremely fluid situation. If you decide not to file, you need to make sure that you are closely following the decisions rendered in the Texas Top Cop Shop case.

For those reporting companies that choose to file voluntarily or need assistance in determining their beneficial owners, our Firm remains ready to assist them in navigating the process and ensuring compliance with the requirements.

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The Financial Crimes Enforcement Network has announced that the reporting of certain stakeholder information is voluntary, pending the resolution of the federal government’s appeal of an injunction by the U.S. District Court for the Eastern District of Texas. This injunction barred enforcement of the CTA and its beneficial ownership reporting requirements, citing potential unconstitutionality.

Fabio pointed out the difference between the Texas court’s decision and an earlier decision by the U.S. District Court for the Northern District of Alabama: “This case in Texas goes a step further, and a big step further, because it imposed the injunction, which is not limited to the plaintiffs in the case, but it’s a nationwide injunction.”

Fabio is a corporate and real estate attorney, representing businesses and investors in the acquisition and financing of property, along with business transactions and corporate matters. He specializes in cross-border transactions involving clients based in the United States, Europe, and Latin America.

Read the full article in the Daily Business Review here: https://www.law.com/dailybusinessreview/2024/12/10/nationwide-injunction-halts-corporate-transparency-act-reporting-requirements/?slreturn=20241218103920&utm_source=rss&utm_medium=rss

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CABA is a non-profit voluntary bar association founded in 1974 by lawyers of Cuban descent. CABA’s members include judges, lawyers, and law students of all backgrounds interested in issues affecting the Cuban community and broader legal and human rights issues impacting minority communities. 

Haydee is a partner in WSHC+B’s Government Division and Municipal Land Use Practice Group, where she provides general representation to municipalities on a broad range of issues such as elections, ethics, procurement, public records, and land use and zoning. Haydee has served on CABA’s Board of Directors since 2018 and currently serves as Co-Vice President.

Candice represents municipalities on a broad range of issues, including counseling on contracts and compliance with public records, sunshine, and ethics law requirements. She also assists in advising community redevelopment agencies, drafting government contracts and resolutions, tracking legislation, and developing litigation strategies across various matters. She has been a member of CABA since 2013 and has served on the Board of Directors since 2019. She currently serves as the organization’s Secretary.

Learn more here: https://cabaonline.com/caba/overview/board-of-directors/?utm_source=rss&utm_medium=rss

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Specifically, a former Emergency Medical Technician (“EMT”) for Hillsborough County brought suit against the County after the County suspended him for testing positive for marijuana in a random drug test. The Court determined that the County violated the Florida Civil Rights Act by failing to accommodate the EMT’s legal use of medical marijuana outside of work hours despite the fact that the State’s medical marijuana statute does not require an employer to accommodate the medical use of marijuana. The EMT had provided a valid Medical Marijuana Card issued by the Florida Department of Health, confirming his prescription for treating anxiety, PTSD, and insomnia. The Court emphasized that Article X, Section 29 of the Florida Constitution allows qualified patients to use medical marijuana off-site and requires employers to make reasonable accommodations for such use.

This trial court decision, while noteworthy, holds no precedential value and does not affect other courts throughout the state of Florida. Employers may still wish to consider whether to adopt policy changes in light of the issues raised by this ruling. If you have any questions or need assistance regarding this matter, please feel free to reach out to us.

The post Client Alert: Hillsborough County Drug Test Lawsuit appeared first on Weiss Serota Helfman Cole + Bierman.

In response, FinCEN issued guidance stating that, while the injunction is in effect, businesses are not required to file their beneficial ownership information. The court also stayed all deadlines for compliance. However, FinCEN also clarified that companies may still voluntarily submit their reports during this time. This guidance ensures businesses are clear on their obligations during the ongoing litigation.

The Department of Justice filed a Notice of Appeal on December 5, 2024, challenging the injunction. While several district courts have upheld the CTA’s constitutionality, including those in Virginia and Oregon, FinCEN will comply with the injunction as long as it remains in effect. Therefore, businesses are not required to submit beneficial ownership reports and will not face penalties for non-compliance during this time, though they may still voluntarily submit the reports.

Given this uncertainty, reporting companies should make a determination as to whether to submit their BOI report voluntarily or await an appellate decision on the injunction. For those companies that decide to wait, completing the analysis to identify their beneficial owners under the CTA may facilitate filing in the event enforcement of the law is reinstated. 

For those reporting companies that choose to file voluntarily or need assistance in determining their beneficial owners, our Firm remains ready to assist them in navigating the process and ensuring compliance with the requirements.

The post Client Alert: Corporate Transparency Act Litigation Update appeared first on Weiss Serota Helfman Cole + Bierman.

NAPABA represents the interests of 50,000 attorneys and more than 80 national, state and local Asian Pacific American bar associations. Hsu, who was installed as Director on Nov. 9 at the organization’s annual convention in Seattle, has served numerous roles with NAPABA over the years.

“I am honored to be entrusted with this important role,” Hsu said. “I will draw on my extensive experience with NAPABA and other organizations to work with the Board of Directors and staff and enhance the valuable programming and support NAPABA provides to its members year-round.”

Based in WSHC+B’s Boca Raton office, Hsu’s law practice focuses primarily on litigation involving business transactions, shareholder disputes, labor and employment, non-competition agreements, real estate, construction, landlord-tenant issues, products liability, class action defense, and bankruptcy and creditors’ rights. Hsu represents startups, multinational businesses and publicly traded companies with respect to domestic and international legal issues.

Hsu’s strategic thinking and sophisticated research have fueled his success handling multimillion-dollar lawsuits, appeals and arbitrations on matters arising under the False Claims Act, Sherman Act, Lanham Act, Fair Labor Standards Act, American with Disabilities Act, Title VII of the Civil Rights Act of 1964, Florida Deceptive and Unfair Trade Practices Act, Fair Debt Collections Practices Act and Telephone Consumer Protection Act.

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The court found that the CTA represented an unprecedented federal intrusion into areas traditionally managed by state governments and posed a threat to the anonymity historically afforded to corporate owners. Additionally, the Court found the Plaintiffs’ were likely to succeed in showing these constitutional violations and enforcement of the CTA compliance deadline would cause irreparable harm. The Court stayed the deadline to file a report under the Administrative Procedure Act (APA) § 705.

We are studying the decision and will monitor FinCEN’s response in the next days in order to advise clients on what to do regarding filing before the upcoming December 31st deadline. 

The full text of the decision is available here: Bloomberg Law

If you have any questions, please feel free to contact Emma Rodgers at erodgers@wsh-law.com.

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The “Best Law Firms” list recognizes firms for their professional excellence and consistently compelling ratings from clients and peers. In order to rank in the list, a firm must have a lawyer listed in The Best Lawyers in America®, which acknowledges the top five percent of practicing U.S. attorneys. Earlier this year, the firm had 47 lawyers selected for inclusion in The Best Lawyers in America® and Best Lawyers: Ones to Watch (click here for the full list).

Firms are ranked by tiers on a national and metropolitan basis. The firm received the following rankings:

National Tier 1

Land Use & Zoning Law

National Tier 2

Appellate Practice

Litigation – Real Estate

Sports Law

Regional Rankings Tier 1

Fort Lauderdale/Boca Raton

• Commercial Litigation
• Eminent Domain and Condemnation Law
• Land Use & Zoning Law
• Litigation – Construction

Miami

• Administrative / Regulatory Law
• Appellate Practice
• Employment Law – Management
• Government Relations Practice
• Land Use & Zoning Law
• Real Estate Law
• Sports Law

Regional Rankings Tier 2

Fort Lauderdale/Boca Raton

• Construction Law
• Litigation – Labor & Employment

Miami

• Commercial Litigation
• Environmental Law
• Litigation – Real Estate

Regional Rankings Tier 3

Fort Lauderdale/Boca Raton

• Employment Law – Management

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The Florida counties and tax collectors petitioned the Florida Supreme Court to modify a 2022 $5 billion bond validation judgment issued in favor of the Florida PACE Funding Agency. The petitioners argued the trial court exceeded its jurisdiction and that they were not given proper notice of the bond validation hearing, which they claim left the vast majority of Florida counties unaware of the proceedings. The petitioners relied on Florida Rule of Civil Procedure 1.540(b), arguing that it allows for relief from a final judgment in cases of voidness, mistake, newly discovered evidence, or fraud.

WSHC+B’s experience in public finance and bond validation positions the firm as a key player in navigating these challenges. Their involvement in earlier PACE bond validations has set important precedents, contributing to the legal framework that governs these programs today.

Learn more here: https://www.law360.com/articles/1885940/fla-counties-say-notice-was-insufficient-in-5b-bond-deal?utm_source=rss&utm_medium=rss

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