Douglas Lang and Booker T. Shaw, retired appellate judges and seasoned attorneys at Thompson Coburn, sit with a powerhouse panel of colleagues including Cheryl Kelly, Barry Fischer, and Kenyen Brown for an intriguing conversation about ongoing legal questions surrounding the Corporate Transparency Act (CTA).
The conversation, which kicks off a new appellate law-focused series, unpacks the key legal arguments from recent high-profile cases, the use of nationwide injunctions, and the complexities of jurisdiction and standing for plaintiffs.
Read a transcript of this episode here.
Play the full episode below, or find links via multiple podcast feeds here.
UPDATE: June 27, 2025
On June 27, 2025, the Supreme Court of the United States released its decision in Trump v. CASA Inc. that stayed application of nationwide injunctions. This is relevant to the CTA cases because some courts issued nationwide injunctions that stopped application of the CTA anywhere, as to anyone, not just regarding the parties to the specific case.
Justice Amy Coney Barrett wrote for the majority and concluded in part, "Because the universal injunction lacks a historical pedigree, it falls outside the bounds of a federal court's equitable authority under the Judiciary Act." In his concurrence, Justice Clarence Thomas stated, "The Court today holds that federal courts may not issue so-called universal injunctions. I agree and join in full."
However, while any nationwide injunctions respecting the CTA are purportedly invalid, it remains to be seen exactly how the courts will modify the orders to comply. Stay tuned!
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