Morgan Lewis

Update: Amendments to San Francisco Retail Workers Bill of Rights Take Effect

Less than one week after the San Francisco Retail Workers Bill of Rights became effective, it was amended in several ways that impact employers’ compliance obligations going forward…more
| Commercial Law & Contracts, Labor & Employment Law

“Pay to Play” Developments

Based on recent announcements from the SEC and its Staff, changes may be forthcoming for advisers’ use of third-party solicitors for government entity clients…more
| Elections & Politics, Finance & Banking, Government Contracting, Securities Law

UK Financial Institutions Strengthen Accountability

UK regulators extend the new regulatory framework that governs individual accountability to banking and insurance. The UK Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) published their final…more
| Finance & Banking, Insurance, International Law & Trade

CFTC Staff Exempts Certain Commodity Trading Advisors from Form CTA-PR Reporting

The reporting relief applies to commodity trading advisors that do not “direct” trading of any client commodity interest trading accounts. On July 23, the CFTC’s Division of Swap Dealer and Intermediary Oversight issued an…more
| Finance & Banking, Securities Law

IRS Issues Proposed Regulations Addressing “Fee Waiver” Arrangements

The proposed regulations may have a significant impact on certain “management fee waiver” arrangements that have become commonplace in the investment management industry…more
| Finance & Banking, Securities Law, Taxation

FDA Regulation of Hospital-Developed Technologies - Hospital Industry Viewpoint

As hospitals become increasingly technologically savvy, they are looking to do more and more with their electronic health record systems. What many hospitals do not realize is that some of the functionality they are seeking…more
| Consumer Protection, Health, Science, Computers, & Technology

Potential Upstream Investment Under the New Iranian Petroleum Contract

The signing of the JCPOA regarding Iran nuclear sanctions may usher in a new era of major international investment in the Iranian oil and gas industry…more
| Commercial Law & Contracts, Energy & Utilities, Finance & Banking, International Law & Trade

PA Court Holds That Natural Gas Producer Improperly Deducted Fees

Post-production costs deducted from gas royalties, such as interstate transportation charges and marketing costs, must be incurred while a producer still holds title to the gas…more
| Civil Procedure, Commercial Law & Contracts, Energy & Utilities

SEC Approves Long-Anticipated FINRA Research Rules

New FINRA Rule 2241 consolidates and expands upon legacy NASD and NYSE rules to address equity research analyst activities, equity research reports, and conflicts of interest relating to equity research analysts. New FINRA Rule…more
| Finance & Banking, Securities Law

The Gender Pay Gap: Mandatory Reporting Announced

The UK government introduces mandatory reporting for businesses to account for average male and female earnings. According to the UK’s Office for National Statistics, on average, women earn around 80 pence for every £1…more
| Civil Rights, Labor & Employment Law

Felony Conviction Bars Whistleblower from Pursuing Qui Tam Case

A relator convicted of criminal conduct is precluded from sharing in related FCA recoveries, irrespective of degree of culpability. On July 16, a US Court of Appeals for the Ninth Circuit panel upheld the dismissal from a…more
| Civil Procedure, Criminal Law, Government Contracting

Results Announced for Mexico’s Round One First Tender

The historic tender for shallow water blocks in the Gulf of Mexico will allow for private and foreign investment in Mexican oil and gas for the first time in almost 80 years. On July 15, Mexico’s National Hydrocarbons…more
| Commercial Law & Contracts, Energy & Utilities, International Law & Trade

Department of State Releases August 2015 Visa Bulletin

Cutoff dates for EB-3 Philippines available, but backlogged to 2004. Cutoff dates for EB-3 China backlogged to 2004, while cutoff dates for Mexico and the rest of the world advance by three and a half months. Cutoff dates for…more
| Immigration Law, Labor & Employment Law

DOL Issues Aggressive Interpretation of Independent Contractor Classification

The DOL’s new interpretation of the FLSA test for classification purports to eliminate independent contractor status for most workers and broadly expand the FLSA’s coverage. On July 15, David Weil, the Administrator for the…more
| Labor & Employment Law

New IRS Guidance on Lump-Sum Windows

The IRS has changed its position on lump-sum windows for retirees in pay status. On July 9, the Internal Revenue Service (IRS) issued Notice 2015-49, which prohibits sponsors of qualified defined benefit plans from adopting…more
| Finance & Banking, Labor & Employment Law, Taxation
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