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Second Eastern District of Texas Judge Issues Injunction Against BOI Reporting Enforcement

By Leon H. Rittenberg III & Kevin Naccari, Jr. on January 9, 2025
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Another judge with the Eastern District of Texas enjoined enforcement of the Beneficial Ownership Information reporting requirements on Wednesday January 8, 2025. In Smith v. Dep’t of the Treasury, E.D. Tex., No. 6:24-cv-00336, 1/8/25, the court found that the “breadth” of the Corporate Transparency Act “expands federal power beyond constitutional limits.” Because a company formed under state law “is not a channel or instrumentality of commerce,” the court ruled that enforcement of the Act’s reporting requirements would exceed the authority granted to Congress under the Commerce Clause of the Constitution of the United States. The injunction in Smith only applies to the plaintiffs and their related entities. This comes as the Fifth Circuit Court of Appeals has sustained a nationwide injunction against the enforcement requirements while appeals are pending in Texas Top Cop Shop, Inc. v. Garland. The United States Treasury Department has submitted an emergency appeal to the Supreme Court of the United States in that case. We will provide any additional updates that may become available.

For further questions regarding the update, contact Liskow attorneys Leon Rittenberg III, Julie Chauvin, Marilyn Maloney, Caroline Lafourcade or Kevin Naccari, Jr. and visit our Tax Practice page.

Disclaimer: This Blog/Web Site is made available by the law firm of Liskow & Lewis, APLC (“Liskow & Lewis”) and the individual Liskow & Lewis lawyers posting to this site for educational purposes and to give you general information and a general understanding of the law only, not to provide specific legal advice as to an identified problem or issue. By using this blog site you understand and acknowledge that there is no attorney-client relationship formed between you and Liskow & Lewis and/or the individual Liskow & Lewis lawyers posting to this site by virtue of your using this site. The Blog/Web Site should not be used as a substitute for legal advice from a licensed professional attorney in your state regarding a particular matter.

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Photo of Leon H. Rittenberg III Leon H. Rittenberg III

Leon Rittenberg III is a New Orleans native. His practice focuses on serving the needs of small and mid-sized businesses and their owners; including philanthropy and non-profit law, taxation, finance, private equity, estate planning, probate, real estate, mergers and acquisitions and related matters.

Leon Rittenberg III is a New Orleans native. His practice focuses on serving the needs of small and mid-sized businesses and their owners; including philanthropy and non-profit law, taxation, finance, private equity, estate planning, probate, real estate, mergers and acquisitions and related matters. Leon represents the interests of a number of private investors, oil service businesses, marine transportation companies and physician groups. He is a Board Certified Tax Specialist and Board Certified Estate Planning & Administration Specialist, as certified by the Louisiana Board of Legal Specialization. He frequently lectures in areas such as taxation, estate planning and maritime transactions.

Leon is a Fellow of the American College of Tax Counsel. He has been recognized by Chambers USA (Louisiana Marine Finance – 2021; Louisiana Corporate/M&A: Tax section – 2017), Louisiana Super Lawyers (Tax, Estate Planning & Probate and Business/Corporate), and the Best Lawyers in America (Non-Profit/Charities Law and Trusts & Estates) since 2007, and by New Orleans Magazine as one of their “Top Lawyers of New Orleans” for his work in Equipment Finance Law, Mergers & Acquisitions Law and Tax Law. New Orleans City Business selected him for their Leadership in Law class of 2014, which “identifies and honors 50 outstanding legal professionals whose successes in law and contributions to the community have set the pace for the legal community.”

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Photo of Kevin Naccari, Jr. Kevin Naccari, Jr.

Kevin Naccari is an associate in the firm’s Business Transactions practice group focusing on tax and corporate law. With a background in accounting, he brings over seven years of experience as a corporate accountant to his legal practice. His experience spans a diverse…

Kevin Naccari is an associate in the firm’s Business Transactions practice group focusing on tax and corporate law. With a background in accounting, he brings over seven years of experience as a corporate accountant to his legal practice. His experience spans a diverse range of businesses, from small-scale restaurants and convenience stores to large health insurance companies and pre-initial public offering retailers. During his time as an accountant, Kevin focused on inventory system design, maintenance, and financial operations optimization.

Kevin earned his bachelor’s degree in accounting from Louisiana State University before receiving his Juris Doctor, magna cum laude, from Loyola University New Orleans College of Law. During his time at Loyola Law, he served as a judicial extern to the Honorable Carl J. Barbier of the United States District Court for the Eastern District of Louisiana. Additionally, Kevin obtained an LL.M. from New York University.

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  • Posted in:
    Corporate & Commercial
  • Blog:
    Gulf Coast Business Law Blog
  • Organization:
    Liskow & Lewis
  • Article: View Original Source

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