Ropes & Gray LLP

Shadow Banking Guidelines – Part 1: An Overview

Shadow banking has been a subject of great interest to financial regulators and policy makers since the global financial crisis. A topic of particular focus has been the interconnectedness between the world of unregulated shadow…more
| Finance & Banking

FinCEN Rule Proposes AML Regulations for Registered Investment Advisers

On August 25, the Financial Crimes Enforcement Network (“FinCEN”) proposed an anti-money laundering rule applicable to investment advisers registered with the U.S. Securities and Exchange Commission (the “SEC”). The issuance of…more
| Finance & Banking, Securities Law

FTC Cautions Against Improper Reliance on “Investment-Only” Exemption

Investment manager Third Point LLC and three of its affiliated funds have entered into a proposed settlement agreement with the federal antitrust authorities for violations of the Hart-Scott-Rodino Antitrust Improvements Act of…more
| Alternative Dispute Resolution (ADR), Business Organizations, Commercial Law & Contracts, Mergers & Acquisitions, Securities Law

National Labor Relations Board Releases Unanimous Decision in Favor of Northwestern University and the NCAA

On August 17, 2015, the National Labor Relations Board (NLRB) declined to assert jurisdiction in Northwestern University and College Athletes Players Association (CAPA), the union-organizing case involving grant-in-aid…more
| Art, Entertainment, & Sports Law, Commercial Law & Contracts, Education, Labor & Employment Law

China’s State Council Announces Reform on the Drug and Device Approval System

China will launch new reforms of its current review and approval system for drugs and medical devices, announced by China’s State Council, in its August 18, 2015, circular Opinions Concerning the Reform of the Review and…more
| Consumer Protection, Health, Science, Computers, & Technology

China's Medical Device Market: New Policies, Higher Stakes

The recent introduction of the Regulations on the Supervision and Administration of Medical Devices (also known as State Council Order 650) has created significant impact in the medical device industry in China. The changes…more
| Health, International Law & Trade

Commenters React to DOL’s Proposed Expansion of Fiduciary-Duty Rules

Four months after proposing a significantly expanded definition specifying when “investment advice” to employee plans and IRAs would give rise to fiduciary status under the Employee Retirement Income Security Act of 1974, the…more
| Commercial Law & Contracts, Finance & Banking, Labor & Employment Law

En Banc Federal Circuit Defines The Rule Of Divided Infringement

On August 13, 2015, the Federal Circuit rendered what is now its second en banc ruling in Akamai Techs., Inc. v. Limelight Networks, Inc., expanding on the scope of what constitutes divided infringement under 35 U.S.C. § 271(a)…more
| Commercial Law & Contracts, Business Torts, Intellectual Property, Science, Computers, & Technology

Amarin Court Holds Truthful Off-Label Speech Entitled to First Amendment Protection

On August 7, 2015, the U.S. District Court for the Southern District of New York issued an opinion in Amarin Pharma, Inc. v. FDA, granting Amarin preliminary relief to engage in truthful and non-misleading off-label speech about…more
| Civil Rights, Communications & Media Law, Science, Computers, & Technology

Divided Federal Circuit Applies Chevron Deference and Holds That Inducement May Form the Basis for a Violation of Section 337 in ITC Proceedings

On August 10, 2015, an en banc Federal Circuit issued its much-awaited decision in Suprema, Inc. v. Int’l Trade Comm’n (No. 2012-1170), a case that had the potential to curtail the scope of conduct that may be addressed by the…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Final Pay Ratio Rule

On August 5, 2015, the SEC voted 3 to 2 to adopt a final pay ratio rule. The final rule retains the flexibility provided for in the proposed pay ratio rule in terms of identification of a registrant’s median employee, but…more
| Commercial Law & Contracts, Labor & Employment Law, Securities Law

China FDA Solicits Comments on Resolving the Backlog of Drug Applications

The China Food and Drug Administration (“CFDA”) recently published a draft circular to address the backlog of drug applications. The Circular Regarding Several Draft Policy Opinions to Accelerate the Resolution of the Backlog of…more
| Health, International Law & Trade, Science, Computers, & Technology

Treasury Department and IRS Release Proposed Regulations on Management Fee Waivers

On July 22, 2015, the Treasury Department and the IRS released proposed regulations regarding fee-waiver arrangements commonly used by private investment funds. If finalized, the new rules would recharacterize certain…more
| Finance & Banking, Securities Law, Taxation

21st Century Cures Act – Provisions Relating to Digital Health: Interoperability and Information Blocking

On July 10, 2015, the House of Representatives approved the 21st Century Cures Act (HR 6) (the “bill”) by a vote of 344-77. In addition to increasing medical research funding and expediting the process of making breakthrough…more
| Elections & Politics, Health, Science, Computers, & Technology

Cures Are on the House: House Passes 21st Century Cures Act, but Senate Awaits

On July 10, 2015, the House of Representative passed H.R. 6, the 21st Century Cures Act (“Cures Act”), with strong bipartisan support, by a vote of 344-77. This medical innovation reform legislation represents the culmination of…more
| Elections & Politics, Health, Science, Computers, & Technology
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