27 March 2024

Miller Johnson files lawsuit challenging the constitutionality of the federal Corporate Transparency Act (CTA).

On March 26, 2024, Miller Johnson filed a lawsuit challenging the constitutionality of the federal Corporate Transparency Act (CTA). Miller Johnson represents the Small Business Association of Michigan, the Chaldean Chamber of Commerce, Steward Media Group, LLC, Power Connections Co, LLC, Derek Dickow, Semper Real Estate Advisors, LLC, and Timothy Eisenbraun.

The CTA is a sweeping, invasive, and confusing criminal law enforcement statute that burdens millions of small businesses—and subjects law-abiding Americans to potential criminal penalties in violation of the United States Constitution.

The CTA requires small businesses to disclose sensitive personal information about their owners to the federal government. This burden is placed on the smallest of small businesses—companies with less than $5 million in annual revenue. Medium and large businesses are exempt, as are banks and insurance companies.

The CTA also requires small businesses to report the personal information of anyone who helps form the business.  According to the government, even  the mailroom employee who physically delivers documents must comply. If a small business fails to comply, the consequences can be severe. Any person who willfully fails to report the required information can face prison time.

The cost of complying with the CTA’s vague and convoluted reporting requirements and regulation is substantial. The government’s own estimates predict that the cost of compliance for 2024 alone will reach $27.1 billion.

The CTA violates the constitutional rights of millions of law-abiding Americans and American businesses. The CTA exceeds Congress’s authority, violates the Constitution’s prohibition on unreasonable searches and seizures, and is unconstitutionally vague.

Small businesses are a vital part of Michigan’s economy. Miller Johnson is proud to represent the Small Business Association of Michigan, the Chaldean Chamber of Commerce, and their members in this challenge to the CTA’s costly, confusing, and unconstitutional requirements.

If you have any questions contact any of the authors or any member of our CTA Taskforce.


26 March 2024

Immigration Options for Your Highly Skilled Employees

The US immigration system is designed to assist employers in bringing the best talent from around the world to the country. Our system favors those foreign nationals who have advanced formal education or advanced technical skills. This webinar will cover the visa options that are specifically limited to those employees who can demonstrate that they ascended to the top of their field, have advanced or unique knowledge, or whose work is considered in the national interest. We will discuss strategies for identifying these individuals and taking advantage of opportunities to use these visa options.

Join Immigration attorney Ewelina Sawicka and Mike Stroster for a complimentary half-hour webinar on April 18 at 12pm ET to learn more.


20 March 2024

Supreme Court Sets Social Media Standards For Public Officials

On Friday, March 15, in Lindke v Freed, the Supreme Court of the United States outlined a standard for how, and when, public officials can regulate their own social media. In Lindke, a Michigan city manager converted their personal Facebook page to a public page, meaning that anyone could see and comment on his posts. The city manager continued to operate the Facebook page himself and regularly posted about his personal life. The city manager also posted information related to his job, and often responded to comments on his posts, including those left by city residents with inquiries about community matters, and occasionally deleted comments that he considered “derogatory” or “stupid.” After the COVID-19 pandemic began, the city manager posted information related to the city’s response, and a member of the public commented, expressing unhappiness with the city’s approach to the pandemic. Initially, the city manager deleted the posts, and ultimately blocked the poster from commenting at all.


11 March 2024

Federal Court Vacates NLRB’s Joint Employer Rule

On Friday, March 8, 2024, a Texas federal district court vacated the National Labor Relations Board’s 2023 joint employer rule. The vacated rule would have significantly expanded when two businesses would be considered joint employers responsible for bargaining with unionized employee groups and held jointly liable for unfair labor practices under the National Labor Relations Act. The district court’s order results in a return to the Board’s 2020 Rule – where employers are less likely to be deemed joint employers.


08 March 2024

Federal District Court Holds Corporate Transparency Act Unconstitutional As Applied Against the NSBA

As reported in a previous alert, the Corporate Transparency Act (“CTA”), enacted on January 1, 2021 and effective January 1, 2024, directs the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) to establish a nationwide database of beneficial ownership of certain corporations and other legal entities.  The seminal purpose of the CTA is […]


05 March 2024

New State Laws For Assaulting Health Care Workers

On March 5, 2024, changes to the Michigan Penal Code take effect, which increase the penalties for crimes committed by any person against a “health professional” or “medical volunteer” while providing care to a patient. Health facilities must be aware of this new law, as there are obligations placed on them to post notice of the […]


19 February 2024

Reminder H-1B Lottery Employer Account Set-Up Starts February 28

February 28, 2024 is the initial date employers may create an online USCIS account for the annual H-1B visa registration and lottery process. The initial registration allows for new beneficiary-centric, one unique registration for a foreign national employee, to be eligible for filing the H-1B visa petition. The account creation and lottery registration is critical for current employees with time limited F-1 student visa employment authorization to transition to longer term H-1B visa employment authorization.


15 February 2024

H-1B Visa Immigration for Talent Acquisition – Webinar Recording

On Wednesday, February 14, Kevin Battle and Ewelina Sawicka presented the “H-1B Visa Immigration for Talent Acquisition” webinar.  In this presentation, they provide an overview of the H-1B visa and explain the registration process, recent updates to the program, benefits and risks of the H-1B, and alternative immigration options for talent acquisition if not selected in the H-1B visa lottery.