Developments: On Friday, March 1, 2024, in National Small Bus. United v. Yellen, Judge Liles C. Burke of the United States District Court for the Northern District of Alabama ruled via memorandum opinion that the Corporate Transparency Act (CTA)¹ , enacted in 2021, is unconstitutional because Congress lacks the authority to require companies to disclose personal stakeholder information to the Financial Crimes Enforcement Network (FinCEN), the criminal enforcement arm of the US Department of the Treasury. The National Small Business Association (NSBA), an Ohio nonprofit organization representing more than 65,000 businesses from all 50 states, and Issac Winkles, an NSBA member and owner of two small businesses, brought suit against the US Department of the Treasury and Treasury Secretary Janet Yellen, alleging that the mandatory disclosure requirements imposed by the CTA exceeded Congress’s authority under Article I of the US Constitution and violated the First, Fourth, Fifth, Ninth, and Tenth Amendments.   

From an Internal Revenue Service (IRS) win in an individual retirement account (IRA) rollover contribution case involving James Caan, to increased contribution limits for ABLE accounts and updated guidance under the Corporate Transparency Act, we have recently seen significant developments in estate planning, elder and special needs law, and business law.

To ensure that you stay abreast of these legal changes, we have highlighted some noteworthy developments and analyzed how they may impact your estate planning, elder law, and business law practice.

From an Internal Revenue Service memorandum regarding the modification of irrevocable grantor trusts, to a US Supreme Court dismissal of an ADA tester case and a new final rule regarding beneficial ownership information under the Corporate Transparency Act, we have recently seen significant developments in estate planning, elder law, and business law.

To ensure that you stay abreast of these legal changes, we have highlighted some noteworthy developments and analyzed how they may impact your estate planning, elder law, and business law practice.