Ropes & Gray LLP

HHS Grants 30-Day Extension on Comment Period for Common Rule Revisions

Today, the Department of Health and Human Services (“HHS”) published a Federal Register notice that extends the comment period for the Federal Policy for the Protection of Human Subjects (“Common Rule”) notice of proposed…more
| Health, Science, Computers, & Technology

ALJ Dismisses FTC Data Security Claims Against LabMD Due to Lack of Actual or Likely Substantial Consumer Harm

On November 13, a Federal Trade Commission administrative law judge dismissed the FTC data security complaint against medical laboratory LabMD, potentially vindicating LabMD’s vigorous two-year struggle to deny the FTC’s…more
| Administrative Law, Antitrust & Trade Regulation, Consumer Protection, Privacy, Science, Computers, & Technology

ISS and Glass Lewis Update Their Proxy Voting Guidelines for the 2016 Proxy Season

Institutional Shareholder Services Inc. (ISS) and Glass, Lewis & Co. (Glass Lewis) have both released updates to their respective proxy voting guidelines. This alert provides a brief summary of the significant changes to each…more
| Commercial Law & Contracts, Securities Law

China FDA Announces Implementation Scheme to Improve the Drug Approval System

Following the reform of the drug and device approval system by China’s State Council in August,1 the China Food and Drug Administration (“CFDA”) has finally unveiled its implementation policies regarding improvements to the drug…more
| Science, Computers, & Technology

U.K. Implements Global Supply Chain Disclosure Requirements

On October 29, 2015, Part 6 of the U.K. Modern Slavery Act 2015 (“MSA 2015”) came into force. The MSA 2015 has been described as a “historic milestone” by the U.K. Home Secretary and is representative of the increased focus on…more
| Commercial Law & Contracts, International Law & Trade

CMS Issues Final Payment Rules for Physicians and Hospitals

On October 30, 2015, the U.S. Department of Health and Human Services (HHS) released several final rules related to physician and hospital Medicare payments for 2016. Specifically, HHS’s Centers for Medicare and Medicaid…more
| Health

CMS and OIG Issue Final Rule on Fraud and Abuse Waivers for ACOs

On October 29, 2015, the Centers for Medicare & Medicaid Services (CMS) and the Office of the Inspector General (OIG) of the Department of Health and Human Services published a final rule related to fraud and abuse law waivers…more
| Health

FCC Expands Its Claim of Data Security Authority with Recent Enforcement Action Against Cox Communications

Last week, the Federal Communications Commission (“FCC”) reached a settlement with Cox Communications, Inc. (“Cox”) regarding a 2014 data security breach that allegedly exposed the personal information of at least 54 current…more
| Communications & Media Law, Privacy, Science, Computers, & Technology

Capital Markets Union - Part 3: Proposed Elements of a New EU Covered Bond Framework

An EU-wide dedicated legislative framework for covered bonds is one of the options currently being considered as part of the European Commission’s consultation on covered bonds. This option, according to the Commission’s…more
| Finance & Banking

Split Federal Circuit Panel Curtails ITC’s Ability to Regulate Electronic Transmission of Data

On November 10, 2015, a split panel of the Federal Circuit issued a decision in ClearCorrect Operating, LLC v. Int’l Trade Comm’n (No. 2014-1527), curtailing the jurisdiction of the U.S. International Trade Commission ("ITC") in…more
| Antitrust & Trade Regulation, International Law & Trade, Science, Computers, & Technology

Partnership Audit Reform Passed into Law

On Monday, November 2, President Obama signed the Bipartisan Budget Act of 2015 (the “BBA”) into law, effecting sweeping changes to the rules governing audits of entities treated as partnerships for U.S. federal income tax…more
| Business Organizations, Taxation

DOJ Announces New Compliance Counsel and Outlines Metrics for Evaluating Corporate Compliance Programs Under Scrutiny

In July 2015, the U.S. Department of Justice’s Criminal Division revealed that it was hiring a Compliance Counsel to assist in assessing the quality and effectiveness of companies’ corporate compliance programs under scrutiny by…more
| Business Organizations, Commercial Law & Contracts, Criminal Law

Capital Markets Union - Part 2: Two Options for a Pan-European Covered Bond Framework

As part of the European Commission’s plan to build a Capital Markets Union (CMU), the Commission has launched a consultation on the possibility of establishing a pan-European covered bond framework. Two policy options for…more
| Finance & Banking, International Law & Trade, Securities Law

U.S. Banking Regulators Finalize Minimum Margin Requirements for Uncleared Swaps

On October 22, 2015, the Federal Deposit Insurance Corporation (the “FDIC”) and the Office of the Comptroller of the Currency (the “OCC”) adopted final rules (the “Final Margin Rules”) establishing minimum margin and capital…more
| Finance & Banking, Securities Law

SEC Issues Staff Legal Bulletin Outlining the Scope of the “Directly Conflicts” Exclusion under Rule 14a-8 and Providing Guidance on the Staff’s Interpretation of the Ordinary Business Exclusion

On October 22, 2015, the SEC’s Division of Corporation Finance (the Division) issued Staff Legal Bulletin No. 14H (the SLB) in which it provides guidance on two key issues surrounding the exclusion of shareholder proposals under…more
| Business Organizations, Securities Law
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