Ropes & Gray LLP

FTC’s Proposed Settlement with Dental Practice Software Provider Marks Latest Data Security Action Against a Product Supplier

On January 5, the Federal Trade Commission (“FTC”) reached an agreement with Henry Schein Practice Solutions, Inc. (“HSPS”) to settle allegations that HSPS misrepresented that its dental practice software provided…more
| Health, Privacy, Science, Computers, & Technology

SEC Seeks Comments on Changes to Rules Governing Mutual Fund Transfer Agents

On December 22, 2015, the SEC published an Advance Notice of Proposed Rulemaking, Concept Release, and Request for Comment on Transfer Agent Regulations (the “Release”) seeking public comment regarding the SEC’s transfer agent…more
| Finance & Banking, Securities Law

The SEC’s (Re-)Proposed Resource Extraction Issuer Disclosure Rule – An Update, Deep Dive and Selected Takeaways and Action Items for Issuers

During December, the Securities and Exchange Commission (SEC) issued its long-awaited proposed rule (the Rule) on the disclosure of resource extraction payments by public companies. Under the Rule, a resource extraction issuer…more
| Business Organizations, Securities Law

FTC Announces Increased HSR Thresholds

The Federal Trade Commission has announced revised jurisdictional and filing fee thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“the Act”), as amended. The new thresholds under the Act represent an…more
| Antitrust & Trade Regulation, Business Organizations, Mergers & Acquisitions, Securities Law

Significant Changes to U.S. and E.U. Sanctions Against Iran

On January 16, 2016, the United States and the European Union lifted or substantially amended many nuclear proliferation-related sanctions against Iran. This date constitutes Implementation Day as specified in the Joint…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking, Government Contracting, International Law & Trade

FTC Announces Revised Thresholds for Interlocking Directorates

The Federal Trade Commission has announced revised thresholds for interlocking directorates required under Section 8 of the Clayton Act (15 U.S.C. § 19(a)(5)). The revised thresholds will take effect upon publication in the…more
| Antitrust & Trade Regulation, Business Organizations

FDA Issues Draft Guidance on Postmarket Cybersecurity of Medical Devices

On January 15, 2016, the Food and Drug Administration (“FDA”) released a draft guidance entitled, “Postmarket Management of Cybersecurity in Medical Devices,” outlining recommendations that device manufacturers should implement…more
| Administrative Law, Privacy, Science, Computers, & Technology

U.S. Issues Orders Requiring Identification of All-Cash Buyers of High-End Residential Real Estate

On January 13, 2016, the U.S. Financial Crimes Enforcement Network (“FinCEN”) announced that it will temporarily require U.S. title insurance companies to disclose the identity of the beneficial owners of shell companies making…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

Musings on Conflict Minerals Compliance – The Year That Was, the Year That May Be and What You Should Be Doing Now

With New Year’s behind us and roughly four and a half months to go until the calendar 2015 conflict minerals filings are due, many companies are ramping up their compliance efforts in earnest. In many respects, the drill has…more
| Business Organizations, Securities Law

SEC Issues Guidance on Oversight of Fund Payments of Sub-Accounting Fees

On January 6, 2016, the SEC’s Division of Investment Management issued a Guidance Update titled, “Mutual Fund Distribution and Sub-Accounting Fees” (the “Guidance”). The Guidance arises from a multi-year SEC staff review of…more
| Finance & Banking, Securities Law

The FTC’s Recent Enforcement Action Against Oracle Further Expands the Growing Pool of Potential Data Security Defendants

On December 21, 2015, Oracle Corporation (“Oracle”) reached an agreement with the Federal Trade Commission (“FTC”) to settle charges that it allegedly deceived customers regarding the security provided by updates to its Java…more
| Antitrust & Trade Regulation, Privacy, Science, Computers, & Technology

SEC Proposes New Rule Concerning Registered Funds’ Use of Derivatives

On December 11, 2015, the SEC issued its long-anticipated release (the “Release”) proposing Rule 18f-4 (“the “Proposed Rule”) under the 1940 Act regarding the use of derivatives and certain related instruments by registered…more
| Business Organizations, Finance & Banking, Securities Law

Standard Bank PLC: First U.K. Deferred Prosecution Agreement and Settlement with the SEC

On 30 November 2015, Standard Bank PLC (“Standard”) entered into the first ever Deferred Prosecution Agreement (“DPA”) with the Serious Fraud Office (“SFO”) for failing to prevent bribery under the Bribery Act 2010. Standard…more
| Business Organizations, Securities Law

CFTC Provides Relief from Certain Recordkeeping Requirements Applicable to CPOs and CTAs

Effective December 24, 2015, the Commodity Futures Trading Commission (the “CFTC”) revised its Rule 1.35(a) to provide relief from certain recordkeeping requirements for commodity pool operators (“CPOs”) and commodity trading…more
| Finance & Banking, Securities Law

Affordable Care Act: Extensions, Delays and Guidance as 2015 Ends

The last half of December saw a flurry of activity with respect to the Affordable Care Act. In the last week of 2015, the Department of the Treasury and the IRS extended the date by which employers and insurers have to comply…more
| Labor & Employment Law, Taxation
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